Loading...
HomeMy WebLinkAboutAgenda Packet 2002/12/10 CITY COUNCIL AGENDA December 10, 2002 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CITY OF CHULA VISTA City Council City Manager Patty Davis David D. Rowlands, Jr. John McCann City Attorney Jerry R. Rindone John M. Kaheny Mary Salas City Clerk Stephen C. PadiHa, Mayor 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 December 10, 2002 AGENDA 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilia. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY iNTRODUCTION BY CHRIS SALOMONE, DIRECTOR OF COMMUNITY DEVELOPMENT, OF THE EMPLOYEE OF THE MONTH, XAVIER DEL VALLE, COMMUNITY DEVELOPMENT SPECIALIST II PRESENTATION BY REPRESENTATIVES OF THE REGIONAL ECONOMIC DEVELOPMENT CORPORATION, JANE SIGNAIGO-COX, SENIOR VICE PRESIDENT AND PETE GARCIA, CHAIRPERSON OF THE WORKFORCE EDUCATION COMMITTEE, REGARDING CHULA VISTA ACTIVITIES PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO JERRY FONCERRADA, DEPUTY DIRECTOR OF PARKS DIVISION, PUBLIC WORKS DEPARTMENT CONSENT CALENDAR (Items 1 through 15) 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. If you wish to speak on one of these items, please fill out a "Request to Speak"form (available in the lobby) andsubmit 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. APPROVAL OF M1NUTES of November 11 and November 12, November 19, and November 26, December 3, 2002. Staffreconunendation: Council approve the minutes. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG THE SUBMITTAL OF TWO APPLICATIONS TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE FEDERAL FISCAL YEAR 2004/2005 HAZARD ELIMINATION SAFETY (HES) PROGRAM 4A. The Hazard Elimination Safety (HES) Program provides funds for safety improvements on all public roads and highways, except for the interstate system. These funds serve to eliminate or reduce the number and severity of traffic accidents at hazardous public roads and highway locations, sections, and elements. CalTrans regulations require that official applications be submitted in order for projects to be considered for funding. In order for an application to be official, Council must adopt a resolution authorizing submittal of the Federal Fiscal Year (FFY) 2004/2005 HES program applications. Projects are chosen and then approved for funding after the applications have been evaluated by CalTrans. (Director o f Public Works) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A RESTATEMENT AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA, PACIFIC BAY PROPERTIES, AND CONTINENTAL RESIDENTIAL, INC., AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On March 16, 1999, Council approved the Subdivision Improvement Agreement (SIA) for improvements related to Rolling Hills Ranch (Salt Creek Ranch) Neighborhood 2 Unit 7 and securing the duties and obligations of Pacific Bay Properties to complete said improvements. On March 28, 2002, McMillin Rolling Hills Ranch, LLC purchased said property from Pacific Bay Properties and sold it to Continental Residential, Inc. Pacific Bay Properties has requested that their bonds be released. This agreement to restate said SIA assigns all related duties and obligations from Pacific Bay Properties to Continental Residential, Inc. and secures the agreement with Continental's replacement bonds. (Director of Public Works) Staffrecornmendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $378,000 GRANT FROM THE STATE OF CALIFORNIA E-911 REPLACEMENT FUND FOR POLICE COMMUNICATIONS CENTER TECHNOLOGY IMPROVEMENTS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING PARTICIPATION 1N THE STATE OF CALIFORNIA'S MASTER PURCHASE AGREEMENT NO. DGS-0026-(01-10) TO PURCHASE POLICE COMMUNICATIONS RELATED EQUIPMENT AND SOFTWARE The State of California has a program to fund replacement of older E-911 telephone equipment that has been in use seven or more years. The Chula Vista Police Department is eligible for funding under this program as our current equipment was installed in 1994. Features in the new E-911 technology will provide the Police Communications Center with much improved methods for handling wire-line based and wireless based 911 calls and routing service to the citizens of Chula Vista. (Chief of Police) Staffrecommendation: Council adopt the resolutions. Page 2 - CouncilAgenda 12/10/02 o RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE FIFTH AMENDED EMERGENCY SERVICES AGREEMENT The Unified Disaster Council (UDC) approved the Fifth Amended Emergency Services Agreement, and is requesting member agencies to ratify the agreement. The Fotmh Amended Emergency Services Agreement was ratified by the City Council on September 19, 1991. (Fire Chief) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA NAMING THE CHULA VISTA HERITAGE MUSEUM'S EXHIBITION AREA 1N HONOR OF FRANK ROSEMAN The Library recormnends naming the exhibition area at the Chula Vista Heritage Museum in honor of Frank Roseman, a well known Chula Vista resident who played an instrumental role in founding the Chula Vista Heritage Museum and who has dedicated many years of service to the community, Museum and Chula Vista Public Library. (Deputy City Manager Palmer) Staffrecommendation: Council adopt the resolution. RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS' MARKET FROM 2:00 P.M. - 8:30 P.M. ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL The Chula Vista Downtown Business Association (DBA) has managed the downtown Farmers' Market on Thursday afternoons since 1996. The event is highly successful, providing a needed service, enhancing the City's cultural activities and drawing more people to the downtown Third Avenue area. Adoption of this resolution allows the Farmers' Market to continue in its current location until December 31, 2004. (Director of Community Development) Staffrecommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EXECUTED MILLS ACT CONTRACTS BETWEEN THE CITY OF CHULA VISTA AND THE OWNERS OF THE HISTORIC PROPERTIES LOCATED AT 462 "E" STREET, 209 'T' STREET, 616 DEL MAR AVENUE, 382 DEL MAR AVENUE, 7 CRESTA WAY, 415 HILLTOP DRIVE, 190 "K" STREET, 292 SEA VALE STREET, 840 FIRST AVENUE, AND 671 FOURTH AVENUE, AND AUTHORIZING THE MAYOR TO SIGN SAID CONTRACTS Page 3 - Council Agenda 12/10/02 10. 11. 12. Adoption of the resolution will approve the Mills Act contracts with property owners of historic homes who want to participate in the Mills Act program. Once the contracts have been executed and recorded, the properties will be eligible for tax credit in the upcoming year. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2003 The Intemal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document, and that the employer adopt the plan document annually. Adoption of this resolution will fulfill this requirement. (Director of Human Resources) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING EXTENSION OF THE MILITARY LEAVE POLICY APPROVED BY COUNCIL ON OCTOBER 9, 2001 FOR ALL CLASSIFIED AND UNCLASSIFIED EMPLOYEES THROUGH DECEMBER 31, 2003 On September 14, 2001, President Bush signed an order authorizing the military to call up 50,000 military reservists, in the aftermath of the terrorist attacks. As a result, the City Council approved a temporary Military Leave Policy to insure that City employees who are called to active duty maintain their current level of pay and benefits. Adoption of this resolution will extend the Military Leave Policy for all classified and unclassified employees through December 31, 2003. (Director of Human Resources) Staffrecommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN OPEN SPACE ENCROACHMENT PERMIT TO THE YMCA OF SAN DIEGO COUNTY, SOUTH BAY BRANCH AT LOT 1, MAP 12341 The YMCA of San Diego County, South Bay Branch applied for an open space encroachment permit to construct an egress driveway, which occupies approximately 6,500 square feet of open space land at the south edge of Lot A on Map 12341 of Rancho Del Rey, for the YMCA site, located at 1201 Paseo Magda. (Director of Building and Park Construction) Staffrecommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, BROOKFIELD SHEA OTAY LLC (APPLICANT), AND SCHMIDT DESIGN GROUP, INC. (CONSULTANT), FOR LANDSCAPE ARCHITECTURAL SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 4 - Council Agenda 12/10/02 13. 14A. Brookfield Shea Otay LLC proposes to develop a neighborhood Park within the Otay Ranch Village 11 project in satisfaction of the parkland obligation for the Village 11 Project. To realize this neighborhood park a landscape architectural design firm is needed to provide a neighborhood park master plan and construction documents. (Director of Building and Park Construction) Staffrecommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING RENEWAL OF THE SOUTH SAN DIEGO RECYCLING MARKET DEVELOPMENT ZONE The Recycling Market Development Zone provides low-interest loans and other recycling support services to manufacturers that use post-consumer feedstock in the manufacture of a product, or that reduce waste in their existing manufacturing process. (Special Operations Manager) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 08-I (OTAY RANCH VILLAGE SIX). RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 08-I (OTAY RANCH VILLAGE SIX) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX TO FINANCE THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC FACILITIES. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 08-I (OTAY RANCH VILLAGE SIX) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ISSUE BONDS OF COMMUNITY FACILITIES DISTRICT NO. 08-I (OTAY RANCH VILLAGE SIX) TO BE SECURED BY SPECIAL TAXES LEVIED WITHIN SUCH DISTRICT TO PAY FOR THE ACQUISITION OR CONSTRUCTION OF CERTAiN FACILITIES The Otay Project, LP has requested that the City initiate proceedings to form Community Facilities District No. 08-I (Otay Ranch Village Six) (CFD-08~I) for the purpose of financing the acquisition or construction of public facilities serving their properties within Village Six. Adoption of the resolutions approves a boundary map of CFD-08-I; declares the intent of the City Council to form CFD-08-I and designates the Improvements therein, describes the Improvements authorized to be financed by CFD- 08-I, declares the intention of the City Council to authorize the levy of special taxes, declares the intention of the City Council to authorize CFD-08-I to incur a bonded indebtedness, directs the special tax consultant to prepare the Special Tax Report, and sets the public heating for this Community Facilities District for January 14, 2003. (Director of Public Works) Staffrecommendation: Council adopt the resolutions. Page 5 - CouncilAgenda 12/10/02 15 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAPS OF CHULA VISTA TRACT NO. 02-05, OTAY RANCH VILLAGE SIX, NEIGHBORHOODS R-2A UNIT1/R-2B UNIT 1, R-5, R-9A UNIT 1; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISIONS; ACCEPTING ON BEHALF OF THE PUBLIC HILLSBOROUGH STREET, WIND CHIME DRIVE, GLENDORA DRIVE, BRADBURY DRIVE, LOKOYA DRIVE, SAN ANSELMO STREET, SAN PASCUAL STREET, GOLDEN GATE AVENUE, MOUNT TAMALPAIS STREET, MOUNT BULLION DRIVE, LITTLE LAKE STREET, WOODEN VALLEY STREET, VALLE JO MILL STREET, SUTTER BUTTES STREET AND POLO PEAK DRIVE; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP SUPPLEMENTAL SUBDIVISION iMPROVEMENT AGREEMENTS FOR CHULA VISTA TRACT NO. 02-05, OTAY RANCH VILLAGE SIX, NEIGHBORHOODS R-2A UNIT1/R-2B UNIT 1, R-5, R-9A UNIT 1, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS On March 26, 2002, the City Council approved a Tentative Subdivision Map for Chula Vista Tract 02-05, Otay Ranch Village 6. On August 27, 2002, by Resolution No. 2002- 344, the City Council approved Village Six "A" Maps in Units 1 and 2. Tonight, Council will consider the approval of the first three Final "B" Maps within Otay Ranch Village Six, Neighborhoods R-2A Unitl/R-2B Unit 1, R-5, R-9A Unit 1, three Subdivision Improvement Agreements and three Supplemental Subdivision Improvement Agreements. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 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 taking action on any issue not included on the agenda, but. if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff Comments are limited to three minutes. 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. Page 6 - Council Agenda 12/10/02 16. 17. CONSDERATION OF ADOPTION OF AN URGENCY ORDINANCE AMENDiNG CHAPTER 17.10 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PARKS ACQUISITION AND DEVELOPMENT FEES, AND ADOPTION OF AN URGENCY ORDINANCE AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES On November 12, 2002, Council approved Urgency Ordinances No. 2886-A and 2887-A, which are effective for thirty days only. Urgency Ordinance No. 2886-A amended Chapter 17.10 of the Chula Vista Mumcipal Code, which contributes to an increase in the in4ieu fees for park development and land acquisition. Urgency Ordinance 2887-A amended Chapter 3.50 of the Municipal Code, adding a new recreation component to the Public Facilities D1F, updating the impact fee structure and increasing the fee. Adoption of the proposed Urgency Ordinances 2886-B and 2887-B will enable the City to continue to collect the updated fees during the 60-day waiting period before Ordinance Numbers 2886 and 2887 become effective. (Director of Budget and Analysis) Staff recommendation: Council conduct the public heating and adopt the following urgency ordinances: URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 17.10 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PARKS ACQUISITION AND DEVELOPMENT (PAD) FEES TO PAY FOR PARKLAND ACQUISITION AND VARIOUS PARK FACILITIES WITHIN THE CITY OF CHULA V1STA'S GENERAL PLAN AREA BOUNDARY URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDiNG CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES 1N THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY CONSIDERATION OF ESTABLISHING UTILITY UNDERGROUND1NG DISTRICT NO. 134 ALONG EAST "L" STREET FROM MONSERATE AVENUE TO NACION AVENUE On November 12, 2002, the City Council, by Resolution No. 2002-441, ordered a public hearing to be held on December 10, 2002 to determine whether the public health, safety or general welfare requires the formation of a utility undergrounding district along East "L" Street from Monserate Avenue to Nacion Avenue. The purpose of forming the district is to require the utility companies to underground all overhead lines and to remove all existing wooden utility poles within the proposed district. The proposed utility undergrounding district is about 2,050 feet long and is estimated to cost approximately $400,000. SDG&E's allocation funds (Rule 20-A) will be used to cover the cost of the project including reimbursements to affected property owners for their respective trenching cost. (Director of Public Works) Page 7 - CouncilAgenda 12/10/02 18. 19. Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING UTILITY UNDERGROUNDING DISTRICT NO. 134 ALONG EAST "L" STREET FROM MONSERATE AVENUE TO NACION AVENUE AND AUTHORIZING THE EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE SERVICE LATERAL CONVERSION CONSIDERATION OF ESTABLISHiNG UTILITY UNDERGROUNDING DISTRICT NO. 135 ALONG EAST "L" STREET FROM BROADWAY TO THIRD AVENUE On November 12, 2002, the City Council, by Resolution No. 2002-440, ordered a public hearing to be held on December 10, 2002 to determine whether the public health, safety or general welfare requires the formation of a utility undergrounding district along East "L" Street from Broadway to Third Avenue. The purpose of forming the district is to require the utility companies to underground all overhead lines and to remove all existing wooden utility poles within the proposed district. The proposed utility undergl-ounding district is about 3,900 feet long and is estimated to cost approximately $700,000. SDG&E's allocation funds (Rule 20-A) will be used to cover the cost of the project including reimbursements to affected property owners for their respective trenching cost. (Director of Public Works) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING UTIL1TY UNDERGROUNDING DISTRICT NO. 135 ALONG EAST "L" STREET FROM BROADWAY TO THIRD AVENUE AND AUTHORIZING THE EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE SERVICE LATERAL CONVERSION CONSIDERATION OF APPROVAL OF A PRECISE PLAN AND A PLANNED SIGN PROGRAM FOR A 6,600 SQUARE-FOOT SATELLITE RETAIL BUILDiNG IN AN EXISTING SHOPPiNG CENTER, LOCATED AT 1210 BROADWAY, SOUTHWEST CORNER OF OXFORD STREET The applicant is seeking approval of a Precise Plan pursuant to Municipal Code section 19.12.120, sections 19.14.570 through 19.14.580, and sections 19.56.040 through 19.56.048, which allows for deviations from Zoning Code, as well as the Montgomery Specific Plan development standards, in order to add a 6,600 square-foot satellite retail building within an existing in-line retail shopping center. The proposed satellite building will include a Starbucks Caf6, with an outdoor seating are, and two new commercial tenants. The proposal also requires a Planned Sign Program, pursuant to Municipal Code sections 19.60.220 through 19.60.250 and sections 19.60.490 through 19.60.520 for the existing and new signage being proposed. (Director of Planning and Building) Staff recommendation: Council continue the public hearing to December 17, 2002. Page 8 - CouncilAgenda 12/10/02 ACTION ITEMS 20. The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. 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. CONSIDERATION OF ADOPTION OF A RESOLUTION REPRESENTATIVE AND ALTERNATE TO THE COMMUNICATIONS FACILITY AUTHORITY COMMISSION APPOINTING A HEARTLAND Heartland Communications is requesting a member of the Chula Vista City Council be appointed to serve on the Heartland Communications Facility Authority Commission. The Heartland Communication Facility Authority is a regional 9-1-1 and emergency dispatch agency. (Fire Chief) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING A REPRESENTATIVE AND ALTERNATE TO THE HEARTLAND COMMUNICATIONS FACILITY AUTHORITY COMMISSION ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 21. CITY MANAGER'S REPORTS Scheduling of meetings 22. MAYOR'S REPORTS A. Appointment of Mayor Pro Tern B. Consideration of City Council committee assignments 23. 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 ~ Brown Act (Government Code 54957. 7). Page 9 ~ Council Agenda 12/10/02 24. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54954.5 (e) Performance Evaluation for City Manager 25. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) A. City of Chula Vista v. Guillermo Rodriguez, DDS, et al. - SDSC Case No. GIC781297 (consolidated with SDSC Case No. GIC781298-1) ADJOURNMENT to a Regular Meeting of December 17, 2002, at 6:00 p.m. in the Council Chambers. Page 10 - Council Agenda 12/10/02 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 11, 2002 4:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:08 p.m. in the Council conference room located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Davis, Padilla, Rindone, Salas ABSENT: Mayor Horton CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54954.5 (e) 1. Discussion of procedures for performance evaluations Procedures for performance evaluations were discussed; no action was taken. 2. Performance Evaluations: 5:00 p.m. - City Clerk 6:00 p.m. - City Attorney 7:00 p.m. - City Manager The performance evaluations were postponed to November 26, 2002, at 4:00 p.m., in the Council conference room. ADJOURNMENT At 4:38 p.m., Deputy Mayor Padilla adjourned the meeting to the Regular Meeting of November 12, 2002 at 6:00 p.m. in the Council Chambers. B~gelow, CMC, City Clerk COUNCIL AGENDA STATEMENT Item ~ Meeting Date 12/10/02 ITEM TITLE: Resolution Approving the Submittal of Two (2) Applications to the California Department of Transportation (CalTrans) for the Federal Fiscal Year (FFY) 2004/05 Hazard Elimination Safety (HES) Program SUBMITTED BY' Director of Public Works~ REVIEWED BY: City Manager ¢~ ,~-~ (4/5ths Vote: Yes No X) The Federal Surface Transportation Assistance Act (FSTAA) of 1982 created the Hazard Elimination Safety (HES) Program by combining several existing safety programs. The HES Program provides funds for safety improvements on all public roads and highways, except for the interstate system. These funds serve to eliminate or reduce the number and severity of traffic accidents at hazardous public roads and highway locations, sections, and elements. CalTrans regulations require that official applications be submitted in order for projects to be considered for funding. In order for an application to be official, Council must approve a resolution authorizing submittal of the Federal Fiscal Year (FFY) 2004/05 HES program applications. Projects are chosen and then approved for funding after the applications have been evaluated by CalTrans. RECOMMENDATION: That Council approve the submittal of Two (2) applications to CalTrans for the Federal Fiscal Year (FFY) 2004/05 Hazard Elimination Safety (HES) Program. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On February 12, 2002, City Council approved the City's submittal of six (6) applications to CalTrans for the FFY 2003/04 HES program. One application, the City of Chula Vista's Project to upgrade the traffic signal at the intersection of Fourth Avenue and Orange Avenue, was approved in the amount of $60,000.00. CalTrans is now soliciting applications for the FFY 2004/05 HES program, and the City has two (2) submittals for this federal fiscal year. For projects to be eligible for HES funding, a specific safety problem must be identified for correction and the project must correct or substantially improve the condition. In addition, the completed local Federal assistance project must provide for, or consider, the upgrading of related safety features to the appropriate standards. The local safety project f'manced with HES Funds may be located on any road functionally classified as a "local road or rural minor collector," or higher. Projects eligible for HES funding are prioritized under two categories. The first category is for those projects qualifying based on calculated Safety Index. This is calculated by using accidents directly related to the correction proposed by the project or using all accidents at the location and applying a "Reduction Factor". Projects are then prioritized statewide by descending safety indexes. Page 2, Item ~ Meeting Date 12/10/02 The second category is for those projects qualifying based on Work Type priority. Work type is used to fund projects with safety needs that cannot be quantified by Safety Index due to the lack of sufficient accident data. Safety Index projects receive approximately 25 percent of available HES Funds, whereas Work Type priorities receive approximately 75 percent; therefore, staff elected to submit this year's applications under the Work Type priority. The following are descriptions of work type priority project applications that we propose to submit to CalTrans for the Hazard Elimination Safety Program for FFY 2004/05 funding (The Federal Fiscal Year starts on October 1 and ends on September 30): 1) Turning Lane and Channelization - Traffic Signal Upgrade at the Intersection of Second Avenue and H Street - Upgrade of existing traffic signals to provide for protective/permissive phasing to an existing 2-phase signal operation. This includes the addition of 12" LED signal indications, removal and replacement of existing signal standards, ADA pedestrian push buttons, internally illuminated street name signs, and traffic signal detector loops, or video detectors. 2) Turning Lane and Channelization - Traffic Signal Upgrade at the Intersection of First Avenue and H Street - Upgrade of existing traffic signals to provide for protective/permissive phasing to an existing 2-phase signal operation. This includes the addition of 12" LED signal indications, removal and replacement of existing signal standards, ADA pedestrian push buttons, internally illuminated street name signs, and traffic signal detector loops, or video detectors. The projects are listed in priority order in the following table: Cost of Design, Construction Inspection Total Cost Project Cost Administration and ~ Contingencies 1. Turning Lane and Channelization - Traffic Signal Upgrade at the Intersection of Second Avenue and H $96,000.00 $9,600.00 $105,600.00 Street 2. Turning Lane and Channelization Traffic Signal Upgrade at the Intersection of First Avenue and H $94,900.00 $9,490.00 $104,390.00 Street TOTAL $190,900.00 $19,090.00 $209,990.00 Page 3, Item o~ Meeting Date 12/10/02 Project costs include preliminary engineering, construction engineering, and construction. Funds can be authorized for the Preliminary Engineering (PE) Phase before the beginning of FFY 2004/05; however, funding authorization for the construction phase of these projects before FFY 2004/05 is contingent upon the availability of funds. The City of Chula Vista's net share of project costs is $21,000.00, since staff is requesting 90% cost reimbursement fi.om CalTrans, which is the maximum under this grant's guidelines. Federal funds are considered "allocated" to each project phase when the Office of Local Programs (OLP) Area Engineer at CalTrans authorizes the work through the Federal Highway Administration (FHWA) delegated authorization process. These funds are reserved for the project, but the local agency will not be reimbursed for any phase until after the contract is awarded. A copy of the application package is located in the City Clerk's Office for Council's review. FISCAL IMPACT: The potential total revenue to the City is approximately $188,990.00. The actual amount is dependent upon the chosen projects approved for funding by CalTrans and their approved funding amount. There will be $21,000.00 local matching fimds for this grant submittal. This resolution approves the submittal of the applications, but does not formally approve the implementation of the projects. These projects will be submitted for approval for the City's FY 2003/04 C1P. A-113 prepared by: Majed A1-Ghafry/MLCM File No.: 0740-75-KY026 J 5Engineer~AGENDAXHES04-05.mlcm. DOC RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF TWO (2) APPLICATIONS TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE FEDERAL FISCAL YEAR (FFY) 2004/05 HAZARD ELIMINATION SAFETY (HES) PROGRAM WHEREAS, the Federal Surface Transportation Assistance Act of 1982 created the Hazard Elimination Safety (HES) Program by combining several existing safety programs; and WHEREAS, the HES Program provides funds for safety improvements on all public roads and highways, except the interstate system; and WHEREAS, these funds serve to eliminate or reduce the number and severity of traffic accidents at hazardous public roads and highway locations, sections, and elements; and WHEREAS, Caltrans regulations require that official applications be submitted in order for projects to be considered for funding; and WHEREAS, in order for the applications to be official, Council must approve a resolution authorizing submittal of the Federal Fiscal Year (FFY) 2004/05 HES Program; and WHEREAS, projects are chosen and then approved for funding after the applications have been evaluated by Caltrans. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the submittal of two (2) applications to the California Department of Transportation (CalTrans) for the Federal Fiscal Year (FFY) 2004/05 Hazard Elimination Safety (HES) Program: 1. Turning Lane and Channelization - Traffic Signal Upgrade at the Intersection of Second Avenue and It Street - Upgrade of existing traffic signals to provide for protective/permissive phasing to an existing 2-phase signal operation. This includes the addition of 12" LED signal indications, removal and replacement of existing signal standards, ADA pedestrian push buttons, internally illuminated street name signs, and traffic signal detector loops, or video detectors. 2. Turning Lane and Channelization - Traffic Signal Upgrade at the Intersection of First Avenue and Il Street - Upgrade of existing traffic signals to provide for protective/permissive phasing to an existing 2-phase signal operation. This includes the addition of 12" LED signal indications, removal and replacement of existing signal standards, ADA pedestrian push buttons, internally illuminated street name signs, and traffic signal detector loops, or video detectors. Presented by Approved as to form by John P. Lippitt /J~ M. Kaheny //J Director of Public Works ~/City Attorney ~ J:\Attorney\RESO\HES2.doc COUNCIL AGENDA STATEMENT Item ~-- Meeting Date: 12/10/02 ITEM TITLE: Resolution approving a Restatement Agreement By and Between the City of Chula Vista, Pacific Bay Properties, and Continental Residential, Inc., and authorizing the Mayor to execute said agreement SUBMITTED BY: Director of Public Work~ City Managerial0,, (4/5 Vote: Yes No X ) REVIEWED BY: On March 16, 1999, Council approved Resolution No. 19391, approving the Subdivision Improvement Agreement (SIA) for improvements related to Rolling Hills Ranch (Salt Creek Ranch) Neighborhood 2 Unit 7 and securing the duties and obligations of Pacific Bay Properties to complete said improvements. On March 28, 2002, McMillin Rolling Hills Ranch, LLC purchased said property from Pacific Bay Properties and sold it to Continental. Pacific Bay Properties has requested that their bonds be released. This agreement to restate said SIA assigns all related duties and obligations from Pacific Bay Properties to Continental Residential, Inc. and to secure the agreement with Continental's replacement bonds. RECOMMENDATION: That Council adopt the resolution approving the agreement between the City of Chula Vista, Pacific Bay Properties, and Continental Residential, Inc. to restate the Subdivision Improvement Agreement for Rolling Hills Ranch (Salt Creek Ranch) Neighborhood 2 Unit 7, and the assignment of all related duties and obligations to Continental Residential, Inc., as successor in interest, including the substitution of securities for said duties and obligations, and authorizing the Mayor to execute said amendment to agreement. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The project is generally located northerly adjacent to Proctor Valley Road, and westward adjacent to Hunte Parkway, within the area of Rolling Hills Ranch Phase 1. The final map and original SIA between Pacific Bay Properties and the City were approved on March 16, 1999. Currently, the project is approximately 92% built out. Continental Residential, Inc., subsequently purchased property from McMillin Rolling Hills Ranch on March 28, 2002 and has provided the appropriate replacement bonds to secure the construction of onsite facilities within the subdivision. The replacement bonds meet City requirements and have been approved by the City Engineer. Page 2, Item ~ Meeting Date 12/10/02 Environmental The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section' 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed agreement. Attachment: Three party agreement between the City of Chula Vista, Pacific Bay Properties, and Continental Residential, lnc. AR - 11/19/02 9:05:37 AM J:~Engineer\LANDDEV~roj ects~Rolling Hills Ranch~Restatement\Continental~A 113 RHR Assignment Agreement Continental.doc RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG A RESTATEMENT AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA, PACIFIC BAY PROPERTIES, AND CONTINENTAL RESIDENTIAL, INC., AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on March 16, 1999, Council approved Resolution No. 19391, approving the Subdivision Improvement Agreement (SIA) for improvements related to Rolling Hills Ranch (Salt Creek Ranch) Neighborhood 2 Unit 7 and securing the duties and obligations of Pacific Bay Properties to complete said improvements; and WHEREAS, on March 28, 2002, McMillin Rolling Hills Ranch, LLC purchased said property from Pacific Bay Properties and sold it to Continental Residential, Inc. Pacific Bay Properties has requested that their bonds be released; and WHEREAS, this agreement to restate said SIA assigns all related duties and obligations from Pacific Bay Properties to Continental Residential, Inc. and to secure the agreement with Continental's replacement bonds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the agreement between the City of Chula Vista, Pacific Bay Properties, and Continental Residential, Inc. to restate the Subdivision Improvement Agreement for Rolling Hills Ranch (Salt Creek Ranch) Neighborhood 2 Unit 7; and BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Amendment to agreement on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Joh{-{l~.~tKaheny ~ Director of Public Works City Attorney J:\Attorney\RESO\Bond Release PacBayProps SIA.doc THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL City Attorney Dated: Agreement entitled: RESTATEMENT AND ASSIGNMENT AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA, PACIFIC BAY PROPERTIES, AND CONTiNENTAL RESIDENTIAL, INC. Recording Requested &v and kVhen Recorded Return to: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Above Space for Recorder's Use Only File # Pd-I-220F RESTATEMENT AND ASSIGNMENT AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA, PACIFIC BAY PROPERTIES, AND CONTINENTAL RESIDENTIAL, INC. This AGREEMENT ("Agreement") is made this~l day of-'-Ao ctc~t/~e.,,.__. ,2002, by and between the CITY OF CHULA VISTA, A MUNICIPAL CORPORATION ("City"), PACIFIC BAY PROPERTIES, A CALIFORNIA CORPORATION ("Pacific Bay"), and CONThNENTAL RESIDENTIAL. INC., A CALIFORNIA CORPORATION ("Continental") with reference to the facts set forth below, which recitals constitute a part of this Agreement. R~C'ITAI ,~ A. WHEREAS; this Agreement concerns and affects certain real property located in Chula Vista, California, more pai'iicularly described in Exhibit "A" attached hereto and incorporated herein ("Property"). The Property Neighborhood 2 Unit 7 is part of a project commonly known as Rolling Hills Ranch (f.k.a. Salt Creek Ranch). For purposes of this Agreement the term "Project" shall mean "Property", and; B. WHEREAS, City and Pacific Bay entered into the Subdivision Improvement Agreement (SIA) as set forth on Exhibit "B" and the parties hereto intend that this agreement will assume and retain the same recording priority as the SIA, and; C. WltEREAS, Pacific Bay had previously secured its obligations with bonds described in xh~btt B , construction duties and obligations set forth in the Tentative Map Conditions for said Property (Chula Vista Tract 92-02, City Council Resolutions 16834 and 2000-190), attached hereto and incorporated herein, and: D. WHEREAS, On March 28, 2002, McMillin Rolling Hills Ranch ("McMillin') purchased said Property from Pacific Bay, and; E. WHEREAS, On March 28, 2002, Continental purchased said Property from McMillin and provided the City with replacement bonds to secure all commitments made by Pacific Bay to the City for Property, and; F. WHEREAS, Continental is willing to enter into this restatement agreement wherein it is provided that Continental will install and complete at Continental's own expense and at no cost to City the improvements required by City in connection with the Project. NOW THEREFORE BE IT RESOLVED that the Parties agree as follows: 1. Pacific Bay hereby assigns and Continental accepts and agrees to such assignment of all duties, obligations, and provisions made by Pacific Bay in that agreement listed in Exhibit "B", all of which remain in full force and effect, including all indemnifications set forth therein. 2. Attached bonds provided by Continental shall replace those original bonds posted by Pacific Bay for the respective neighborhood unit, as described in Exhibit "B" and the original bonds posted by Pacific Bay shall be released by the City upon the execution of this agreement by all parties. 3. Agreement Applicable to Subsequent owners. 3.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. 3.b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") touches and concerns the Property and shall be binding upon, and run with, the ownership of the Property, for which it burdens. The 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 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. 4. Time of Performance. It is expressly understood and agreed that Continental will cause all necessary materials to be ftwnished and all improvements completed pursuant to the provisions of the SIA as described on Exhibit "B" hereto on or before the time for performance as set forth in each such agreement. 5. Indemnity. Continental understands and agrees that City, as indemnitee, or any officer, agent, or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Continental, its agents, employees, successors, or assigns pursuant to its performance under the agreements. 6. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 7. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this agreement is recorded in the Official Records of the San Diego County Recorder's Office. 8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 9. Recording. The parties hereto shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office within 30 days after this Agreement has been fully executed by the parties/ I0. Miscellaneous Provisions. 10a. 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 parry may change such address for the purpose of this para,apb by giving written notice of such change to the other party. CITY OF CHULA VISTA Department of Public Works. Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Athu: City Engineer PACWIC BAY HOMES 4041 MacArthur BI., Suite 500 Newport Beach, CA 92660 Attn: Karin Krogius CONTINENTAL RESIDENqTIAL, INC. 5927 Priestly Drive, Suite 200 Carlsbad, CA, 92008 Attn: Don I~facKay 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. 10b. 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. 10c. Entire Agreement. This Agreement, together with any other ~witten document referred to herein, embody the entire Agreement and understanding between the parties regarding the subject matter hereof and any and all prior or contemporaneous oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. 10d. Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. 10e. Compliance with Laws. In the performance of its obligations under this Agreement, Pacific Bay and Continental and their agents, and employees shall comply with any and all applicable federal, state, and local laws, regulations, ordinances, policies, permits, and approvals. 10f. Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. 10g. Modification. This Agreement may not be modified, terminated, or rescinded, in whole or in part, except by written inslrument duly executed and acknowledged by the parties hereto, their successors, or assigns and duly recorded in the Official Records of the San Diego County Recorder's Office. 10h. Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, or condition shall be valid and be enforced to the fullest extent perrmtted by law. 11. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. Attachments: Exhibit "A"- Legal Description Exhibit "B" - Subdivision improvement Agreement description and related bonds ~ AR- 11/21/02 8:45:31 AM J:\Engineer\LANDDEV~Projec~s~,olling Hills Ranch~.estatcmem\ContinentalXAgreement with Continental - CityCouncil.doc FIRST OF THI~E SIGNATURE PAGES TO ASSIGNMENT AGREEMENT IN WITNESS WHEREOF, the paffies hereto have caused this Agreement to be executed the day and year first heremabove set forth. CITY OF CHULA VISTA Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attomey SECOND OF THREE SIGNATURE PAGES TO ASSIGNMENT AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this A~eement to be executed the day and year first hereinabove set forth. PACII=IC BAY,, PROPERTIES. a California corporation Karin ~. Krogius, Vic~- President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ~,,~ ~ ~ cou. of On ~/~~, ~ before me, ~~~.~ personally appeared ~ ~~ ~ personally known to me - OR - ~ proved to me on the basis of satisfa~o~ evidence to be the pemon~ whose name~) i~ subscdb~ to the within instrument and acknowledged to me that ~/she/t~y executed the .... ~ ............. , ......... same in ~er~ir authorized capaciOUs), and that by ~ ~0~OA CAS~LL0 ~ ~/her/t~ir signature~ on the instrument the person~, ~ C0mm.~348085 ~ or the enti~ upon behalf of which the person~ acted, ~ ~0~R~0m~e~lC -CAUFOR~C.=a1 ~ executed the instrument. WITNESS my hand and official seal. OPTIONAL ~ough ~e info~ation below is not ~qui~d by la~ it ~y p~ve valuable to ~ons relying on ~e d~ument and ~uld prevent Description of Attached Document ~tle or Type of Document: ~~/~ ~/~ ~ ~ Document Date: ~~ ~/, ~o o& Number of Pages: Signer~ Other Than Named Above: Capaci~(i~) Claimed by Signer(~ Signer's Name: ~ ~r~ Signer's Name: ~ Individua~ ~ Indi~dual ~ Co~orate ~icer ~ Corporate Officer · tle(s): ~tle(s): ~ Pa~ner -- ~ Limited ~ General ~ Pa~ner -- ~ Limited ~ General ~ AEomey-in-Fact ~ A~orney-in-Fact ~ Trustee ~ Trustee ~ Guardian or Conse~ator ~ ~ Guardian or Conse~ator ~ Other: ~f t~here ~ ~her: Top of mumb here Signer Is Representing: ~ Signer Is Representing: 1994 National Notary AssociaEon · 8236 Remmet Ave., P.O. BOX 7184 · Canoga Park, CA 91309-7184 Prod. NO. 5907 ReonJer: Call Toll-Free 1-8Q0-87~6827 THIRD OF THREE SIGNATURE PAGES TO ASSIGNMENT AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CONTINENTAL RESIDENTIAL, 1NC. a California Corporation By: By: State of California ) ) SS.. County of San Diego ) On December 3. 2007 before me, Toni Carter, Notary Public, personally appeared Greq Hastinqs and Don Mackay, of Continental Residential Thc., 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 o~cial seal, Toni Ca~er, Notary Public Exhibit "A" SUBDMSION IMPROVEMENT AGREEMENT - NEIGHBORHOOD 2 UNIT 7, DOC. 1999-0360173 LOTS 1 THROUGH 20 OF CHULA VISTA TRACT NO. 92-02, SALT CREEK RakNCI-I NEIGHBORHOOD 2, LYNIT NO. 7 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13740, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 24, 1999. Agreement Pacific Bay Continental Bond Replacement Bond Subdivision Improvement A~eement - Neighborhood 2 Unit 7 dated February 25, 1999. Recorded as document number 99-0360173 on May 26, 1999. City Resolution 613 0585 615 8864 #19391. Item ,z~ Meeting Date 12/10/02 COUNCIL AGENDA STATEMENT ITEM TITLE: A. RESOLUTION ACCEPTING A $378,000 GRANT FROM THE STATE OF CALIFORNIA E-911 REPLACEMENT FUND FOR POLICE COMMUNICATIONS CENTER TECHNOLOGY IMPROVEMENTS. B. RESOLUTION PARTICIPATING IN THE STATE OF CALIFORNIA'S MASTER PURCHASE AGREEMENT #DGS-0026-(01-10) TO PURCHASE POLICE COMMUNICATIONS RELATED EQUIPMENT AND SOFTWARE. SUBMITTED BY: Chief of Polic~,~ REVIEWED BY: C~ty Manager (4/5ths Vote: Yes _No X) The State of California has a program to fund replacement of older E-911 telephone equipment that has been in use seven or more years. The Chula Vista Police Department is eligible for funding under this program as our current equipment was installed in 1994. Features in the new E-911 technology will provide the Police Communications Center with much improved methods for handling wire-line based and wireless based 911 calls and routing service to the citizens of Chula Vista. RECOMMENDATION: That the City Council: A. Accept a $378,000 grant from the State of California E-911 replacement fund for Police Communications Center technology improvements. B. Participate in the State of California's Master Purchase Agreement #DGS- 0026-(01-10) to purchase police communications related equipment and software. BOARDS/COMMISSIONS RECOMMENDATION: None Background: The Communications Center located inside the Chula Vista Police Department is designated as a "Primary Public Safety Answering Point", or PSAP. The significance of this designation by the FCC and the State of Item ~- Meeting Date 12/10/02 California signifies that the call center is the entity that receives all the wire line 911 calls from the public within the Chula Vista jurisdictional boundaries. While the majority of our 911 calls come directly from persons requesting emergency assistance, we also receive a significant number of transfer 911 calls from other agencies. In 2001 our center operated eight call taking positions that handled 74,473 calls for service through the E-911 wire-line phone system. With each wire-line call, several data elements are passed through the E-911 system: the caller's telephone number, the address they call from, and the geographic coordinates. This data is proven necessary to emergency personnel for locating and assisting the caller, and has often been the difference between life and death in cases where a caller hangs up, is disconnected or is incapable of relaying information to the 911 dispatcher. Unfortunately, this information is not available from 'callers utilizing cellular phones. Furthermore, all cellular 911 calls are routed to the California Highway Patrol, who then determines the correct agency to handle the call, and transfers the call to that agency. This results in delays in response times. Based on new FCC requirements for all PSAP's, our Communication Center must prepare to receive and begin responding to wireless (cellular) 911 calls by October 2005. By accepting State E-911 replacement funds, the department can implement the most reasonably priced E-911 equipment for our center to meet the FCC wireless E-911 call mandate. Chula Vista Municipal Code 2.56.140 and Council Resolution 6132 authorizes the Purchasing Agent to enter into cooperative bid agreements with other governmental agencies. In March 2001, the State of California published a Request for Proposal (RFP) for 9-1-1 telephone answering equipment. The goal of this RFP was to establish a Master Purchase Agreement whereby California PSAP's could purchase 9-1-1 equipment and services from a list of vendors who meet detailed service requirements and provide equipment that comply with specifications, all at competitively bid prices. Ten companies were included in the final Master Purchase Agreement #DGS-0026-(01-10). CVPD staff reviewed several E-911 systems in current use around the country. The companies that we tested are listed in the State of California's "Master Purchase Agreement," indicating the State has pre-approved their technology for E-911 replacements. Lucent Technologies (Motorola), Positron, and Plant Equipment, Incorporated (PEI) VESTA E-911 telephone systems were selected to be tested based upon their price and compatibility with our current equipment. The unanimous decision among department staff was to select PEI's VESTA computer telephone as our E-911 system replacement. Dispatcher equipment selection was based on VESTA's ease of use, it's progressive design evolving from our current technology, tools such as automatic data transfers into the Computer Aided Dispatch computer as well as a simple Item Meeting Date 12/10/02 digitally recorded call playback system. The improved design features in VESTA also allow the use of geographic coordinates for both wire line and wireless call data. These coordinates will be displayed on a computer-based map, which will display the caller's actual location. PEI also accommodates other technology like GIS mapping which Chula Vista already uses. PEI manufactured the current equipment (MAARS) used by the Police Department for E-911 calls and we have not experienced any failures or serious problems in over 12 years. PacBell, our telephone service provider, maintains the equipment. Their service response has been excellent and their technicians are extremely knowledgeable. Other agencies within the County also use PacBell for their phone service and have reported similar success. The current $378,000 allotment is based upon the number of calls for service our center handled in 2001, plus the number of years that have passed since our last E-911 equipment replacement. The State of California will grant Chula Vista $378,000 for E-911 telephone software and hardware technology replacement. This grant does not have a matching funds requirement. The City will submit purchase orders for equipment to the State. The State then makes direct payment to the supplier. Therefore, no appropriations to the budget are needed to purchase the equipment or software. FISCAL IMPACT: There will be an approximate $2000 impact to upgrade some of the electrical systems that will be absorbed through the departments existing budget. Licensing and maintenance fees are included in this project for the next five years. At that time, the City will be eligible to apply for additional funds from the State of California. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $378,000 GRANT FROM THE STATE OF CALIFORNIA E-911 REPLACEMENT FUND FOR POLICE COMMUNICATIONS CENTER TECHNOLOGY IMPROVEMENTS. WHEREAS, new FCC rules require Primary Public Safety Answering Point centers to accept and locate cellular calls for 911 emergency service; and, WHEREAS, the State of California provides grant money for technology upgrades to comply with new FCC rules; and, WHEREAS, the State of California awarded the City of Chula Vista $378,000 for software and hardware technology replacement for 911 equipment; and, WHEREAS, the City of Chula Vista will incorporate the latest technology which will allow communications dispatchers to dispatch law enforcement units with greater speed and accuracy; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept a grant for $378,000 for E 9-11 technology replacement from the State of California to provide the new police communications related equipment and software. Presented by: Approved as to form by: Ril~h'~'C~"P. Emerson John M. Kaheny (J ~ v, Police Chief City Attorney RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PARTICIPATING IN THE STATE OF CALIFORNIA'S MASTER PURCHASE AGREEMENT #DGS-0026-(01-10) TO PURCHASE POLICE COMMUNICATIONS RELATED EQUIPMENT AND SOFTVVARE. WHEREAS, Chula Vista Municipal Code 2.56.140 and Council Resolution 6132 authorizes the Purchasing Agent to enter into cooperative bid agreements with other governmental agencies; and WHEREAS, In March 2001, the State of California published a Request for Proposal (RFP) for 9-1-1 telephone answering equipment; and, WHEREAS, the State of California established a Master Purchasing Agreement #DGS-0026-(01-10) with ten different E911 equipmentJsoftware suppliers listed in the agreement; and WHEREAS, Plant Equipment, Incorporated is best suited to offer the City of Chula Vista the technology to meet State mandates and to also work with existing equipment; and, WHEREAS, the City of Chula Vista will incorporate the latest technology which will allow communications dispatchers to dispatch law enforcement units with greater speed and accuracy; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the use of the State of California's Master Purchase Agreement #DGS-0026-(01-10) to provide the new police communications related equipment and software. : Approved as to form by: Richard P. Emerson John M. Kaheny Police Chief City Attorney COUNCIL AGENDA STATEMENT Item: ..~ Meeting Date: 12/10/02 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE FIFTH AMENDED EMERGENCY SERVICES AGREEMENT SUBMITTED BY: Fire Chief~)/~ REVIEWED BY: City Manager~~' (4/Sths Vote: Yes No X ) The Unified Disaster Council (UDC) approved the Fifth Amended Emergency Services Agreement and is requesting member agencies to ratify the agreement. The Fourth Amended Emergency Services Agreement was ratified by the City Council on September 19,1991. RECOMMENDATION That Council ratify the Fifth Amended Emergency Services Agreement. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION The UDC is requesting ratification by the City Council of the Fifth Amended Emergency Services Agreement. The original agreement was executed in 1961 and subsequently amended four times. It created the Unified San Diego County Emergency Services Organization of which the County and all Cities within the County are signatories. The purpose of the organization is to coordinate and facilitate regional plans and programs for preservation and safety of life and property, and to make provisions for the execution of plans, programs, and mutual aid assistance in the event of a multi-jurisdictional emergencies or disasters. The Fifth Amendment clarifies that it is a Joint Powers Agreement that creates the Emergency Services Organization as an agency separate from the parties and includes all provisions required for joint powers agreements. The amendment also changes the title of the County Office of Disaster Preparedness to the Office of Emergency Services. The amendment has no impact on the City of Chula Vista's Emergency Services. The amendment was approved by the UDC which is the policy making body for the Unified San Diego County Emergency Services Organization. The UDC consists of a representative of each member agency and meets quarterly to review and approve Operational Area documents, contracts entered into by the Unified San Diego County Emergency Services Organization, develop budget and apportionment recommendations, and purchase or dispose of property and equipment. FISCAL IMPACT Ratification of the Fifth Amended Emergency Services Agreement results in no fiscal impact to the General Fund. ATTACHMENTS Fifth Amended Emergency Services Agreement. RESOLUTION NO. RESOLUTION OF THE CITM COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE FIFTH AMENDED EMERGENCY SERVICES AGREEMENT WHEREAS, the City of Chula Vista is a signatory to the Fourth Amended Unified San Diego County Emergency Services Agreement of 1991, first executed in 1961; and, WHEREAS, said Agreement established the Unified San Diego County Emergency Services Organization of which the County and all Cities within the County are signatories; and, WHEREAS, the governing body of said organization is the Unified Disaster Preparedness Council on which the City is represented; and, WHEREAS, the Unified Disaster Council approved the Fifth Amended Agreement and is requesting member agencies ratify the agreement; and, WHEREAS, the Fifth Amendment to the Fourth Amended Unified San Diego County Emergency Services Agreement clarifies that it is a Joint Powers Agreement that creates the Emergency Services Organization as an agency separate from the parties and includes all provisions required for joint powers agreements; and, WHEREAS, the amendment also changes the title of the County Office of Disaster Preparedness to the Office of Emergency Services. WHEREAS, the amendment has no impact on the City of Chula Vista's Emergency Services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby ratify the Fifth Amended Emergency Services Agreement. Presented by: ~._ Approved as to form by: '"-'---Bou~s'~L'"~Perry John M. Kaheny' 0 - " Fire Chie"f - City Attorney THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL John City Attorney Dated: Fifth Amended Emergency Services Agreement UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT FIFTH AMENDED EMERGENCY SERVICES AGREEMENT This Joint Powers Agreement is entered into by and between the County of San Diego, a political subdivision of the State of California (County) and the incorporated cities within the County who are signatories hereto (City or Cities). Nothing in this agreement is intended to lessen participating member jurisdictions' authority over and responsibility for events occurring within their jurisdiction. Nothing in this Agreement is intended to be a means by which state or federal emergency management requirements can be passed on to member jurisdictions. WITNESSETH WIt~EREAS, Government Code section 8605 designates each county as an operational area for emergency purposes and Government Code section 8610 authorizes each county and the cities in each county to "organize and structure their operational area" and to create disaster councils; and WHEREAS, the County and the Cities desire to provide for a unified emergency services organization in the San Diego Operational area; and WHEREAS, the purpose of the organization is to coordinate and facilitate regional plans and programs for the preservation and safety of life and property, and to make provisions for the execution of plans, programs, and mutual aid assistance in the event of multi-jurisdictional emergencies or disasters; and WIt-EREAS, the parties previously emered into the Fometh Amended Emergency Services Agreement of 1991; and WHEREAS, the parties to said Agreement desire to amend the Agreement to clarify that this is a Joint Powers Agreement that creates the Emergency Services Organization as an agency separate from the parties; and WltEREAS, the parties desire to further amend the Agreement to include all provisions required for joint powers agreements, all of which are incorporated into this Fifth Amended Emergency Services Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto mutually agree as follows: A. This Agreement is made pursuant to Government Code section 6~00 and following relating to the joint exercise of powers common to public agencies. 1. The County and the Cities each possess the common powers referred to above. UDC I 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 2. The purpose of this Agreement is to exercise such powers jointly by creating the Unified San Diego County Emergency Senfces Org.ni?ation, a public agency that is separate from the parties to this Agreement. B. The Unified San Diego County Emergency Services Organization is hereby created and established to facilitate planning and preparedness activities on an Operational Area level to include the following services: 1. Aid, assist and advise the County and each City in the preparation and developmen~ of an emergency plan for the County and for each City and in the County. 2. Prepare and develop Operational Area emergency proc~ures and guidelines which may be used by participating members and which provide for needs and the coordination of those needs in the event ora major disaster or other ~mergency. 3. Aid, assist and advise the County and the Cities with the training of public employees for the emergency services organization. 4. Provide countywide emergency services programs as may be determined and approved by the SanDiego County Unified Disaster Council, hereinafter mentioned and referred to as Unified Disaster Council or Council. From time to time special County~wide programs may be developed under this Agreement. In those situations, the Unified Disaster Council may establish operational and funding requirements for participation and will seek approval of participating members. Where programs may not be supported by one or more jurisdictions, such programs may be executed between agreeing jurisdictions. Upon approval of the Unified Disaster Council, these programs may include participation by non-member agencies or jurisdictions. 5. Develop and keep current on a countywide basis an inventory of all equipment and supplies available now in the county for use in the event of an emexgeacy. Such inventory listing will be made available to all participating members. 6. Provide technical assistance in obtaining any federal or state funds which may become available to the County and the Cities for emergency purposes and in the ac~luisition by the County and the Cities of surplus property for emergency services purposes. 7. Enter into contracts which are necessary and proper to provide the services authorized in Paragraphs A1 through B6 above, including contracts for any services necessarily implied from those expressed. UDC 2 2002 UNIFIED SAN DIEGO COUNTY Eb~RGENCY SERVICES AGREEMENT 8. The Unified SanDiego. County Emergency Services OrganiT~tion shall not exercise the powers listed above in a manner that exceeds the Count, s authority to exercise those powers. C. The County and Cities, who are signatory to this agreement, adopt the Operational Area concept as identified in Chapter 7 Section 8605 of Division I of Title 2 of the California Government Code, and support established mutual aid agreements as the basis for mniti-jurisdictional emergency operations. During such multi- jurisdictional emergencies, the staff of the organization shall assist the Operational Area Coordinator in carrying out his or her responsibilities under these mutual aid agreements. D. The County and Cities signatory to this agreement shall: 1. Become members of the Unified SanDiego County Emergency ServiCes Orga~i?ation. 2. Delegate to the Unified Disaster Council hereinafter mentioned, whatever authority it is lawful for the County and Cities to delegate when such delegation shall be deemed necessary by said Council. This delegation of authority shall be restricted to whatever expenditure of County and CRy funds and use of Coumy and City personnel, equipmem and supplies as are made available by the County and the CRies for emergency services purposes. E. In consideration of these mutual pr~mises, it is hereby mutually agreed that: 1. The Coumy will pay fifty percent (50%) of the cost of establishing and maintaining the Unified San Diego County Emergency Services OrganiTation. The Cities signatory hereto will pay fitby percent (50%) of the cost of maimaining the Unified San Diego Emergency Services Organization. said fiRy percem to be apportioned among the cities in accordance with the following formula: a) One-half of the 50%, or 25% of the total budget, shall be apportioned by - ' people units or population in participating Cities. b) The remaining 25% of the total budget shall be apportioned by the total assessed valuation of real and personal property in participating Cities. 3. For the purposes of this Agreement the total assessed valuation of real and personal property in all the participating Cities shall be the amoum assessed in the fiscal year prior to the budgeted year, as found in the Property Valuation and Tax Rate-- San Diego County, California, published by the Auditor and Cuntmller of the County of San Diego. 2002 UNIFI~J~ SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 4. If at the end of any fiscal year there remains an unencumbered balance derived from budget savings or revenues received for emergency services purposes, such balance shall be credited to the participating members at the rate of their contribution for that fiscal year, towards the following fiscal year for the expenditures of the Unified San Diego County Emergency Services Organization. 5. In the event a participating member withdraws from this agreement, such member will receive its refundable share of the unencumbered balance for that fiscal year in a single payment. 6. In the event a participating member contributes more than the formula requires towards maintaining the Unified SanDiego County Emergency Services Organization, that contributing member shall determine where the excess contributions will be applied. 7. In the event a non-participating organization or agency contributes funding to the Unified San Diego County Emergency Services Organization, that contributing organization or agency shall determine where the contribution will be applied. 8. If application of contributions received under paragraphs E6 or E7 above, affect the completion of tasks identified in an annual workplan, approved by the Unified Disaster Council, acceptance of such contributions shall be subject to Disaster Council approval. 9. The San Diego County Unified Emergency Services Organization shall account for and shall maintain reports of all funds received and all disbursements made. These reports shall be provided to any party upon request. 10. The County Treasurer shall be the depositary and have custody of all the money of the Unified San Diego County Emergency Services Organization and shall do the following: a. Receive and receipt for all money of the Unified San Diego County Emergency Services Organization and pla~ it in the County treasury to the credit of the Emergency Services Organization; b. Be responsible upon his or her bond for the safekeeping and disbursement of all Emergency Services Organization money held by him or her; c. Pay, when due, out of money of the Emergency Setarices Organization held by him or her, all sums payable on outstanding bonds and coupons of the Emergency Services Organization; 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT Pay any other sums due from the Emergency Services Organization fi'om Emergency Services Organization money, only upon warrants drawn by the County Auditor/Controller pursuant to paragraph E 1 l; e. Verify and report in writing at least quarterly each year to the Emergency Services Organization and to each party to this Agreement the amount of money he or she holds for the Emergency Services Organization, the amount of receipts since his or her last report, and the amount paid out since his or her last report; and f. Invest funds of the Unified San Diego County Emergency Services Organization pursuant to Government Code section 53601. 11. The County Auditor and Controller/Chief Financial Officer shall perform the functions of auditor and controller for the San Diego County Unified Emergency Services OrganiTation and shall do the following: a. Draw warrants to pay demands against the Emergency Services Organi~,ation when the demands have been approved by the Director, Office of Emergency Services, or his or her designee; b. Make or contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of the Emergency Services Organization except for those accounts and records that are subject to an annual audit by the state or the United States. In such case, the minimum requirements of the audit shall be those prescribed by the Controller for special districts under Government Code section 26909 and shall conform to generally accepted auditing standards; and c. File the audit report with each party to this Agreement and with the County Auditor and Controller. 12. The costs of the audit shall be berne by the San Diego County Emergency Services Organi~,ation and shall be a charge against the unencumbered funds of the Emergency Services Organi?ation available for this purpose. 13. The SanDiego County Unified Emergency Services organization may, by unanimous request of its governing body, replace the annual special audit with an audit covering a two-year period. 14. The annual audit requirement specified above shall not apply if the Controller audits the financial statements of the Emergency Se~ices Organi~tion to satisfy federal audit requirements. UDC $ 2OO2 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 15. The San Diego County Board of Supervisors shall determine the charges to be made against the San Diego County Unified Emergency Services Organization for the services of the treasurer and auditor. 16. The Unified SanDiego County Emergency Services Org~niv-~tion shall administer this Agreement. 17. The debts, liabilities and obligations of the San Diego County Unified Emergency Services Organization shall not be debts, liabilities and obligations of the parties to this Agreement, but shall be the debts, liabilities and obligations of the San Diego County Emergency Services Organization. 18. Upon termination of this Agreement any surplus mono~ on hand shall be returned to the paRies in the same ratio as the parties contribute to the cost of the San Diego County Unified Emergency Services Organization as set forth in paragraphs E 1 and 2. F. The San Diego County Unified Disaster Council is hereby established and is the policy making body of the Unified San Diego County Emergency Services Organization. The Unified Disaster Council consists of the following: I. The Chairperson of the County Board of Supervisors who shall be the Chairperson and who shall represent the County. 2. The Coordinator of the Unified SanDiego County Emergency Services Organization who shall be the Vice-Chairperson and who is selected by the Unified Disaster Council from among: The Chief Administrative Officer of the County or the City Manager and/or Chief Administrator of any participating City. Two additional persons may be selected bom the staff of the Coordinator or bom those specified in paragraph F2 above to act as first and second alternates in the absence or inability of the Coordinator to serve. 3. A representative fi.om each member agency who shall be designated as a primary representative to the Council, each member agency shall also designate a first and second alternate if the primary representative is unable to attend. 4. Each participating member jurisdiction shall have one vote on the Unified Disaster Council. G. The Unified Disaster Council meets at least quarterly and upon call of the Chairperson or in his or her absence, or inability to call such a meeting, upon the call of the Coordinator. It is the duty of the Unified Disaster Council and it is empowered: UDC 6 2002 UNIIqED SAN DIEGO COUNTY EMERGENCY SERVICES AGRE~ I. To develop a proposed budget and to recommend a budget and the apportionment thereof to the County and all participating Cities. The County and the participating Cities shall not adopt budgets differing from the budget recommended by the Unified Disaster Council without first consulting with the Unified Disaster Council; 2. To review and approve Operational Area documents which may include emergency mutual aid plans, disaster preparedness plans, agreements, and any ordinances, resolutions, rules and regulations as may be necessary to implement such plans and agreements; 3. To purchase, lease, own, or dispose of property and equipment, and to review and approve contracts to he entered into by the Unified San Diego County Emergency Services Organization pursuant to Section ? of Part A of this Agreement and to meet all other purposes of this agreement. H. The Chairperson of the Unified Disaster Council has the following powers and duties: 1. To call regular and special meetings of the Unified Disaster council. 2. To execute, at the direction of the Unified Disaster Council, contracts, agreements and other instruments necessary to the timely functioning of the Unified San Diego county Emergency Services Organization. 3. To execute contracts, agreements and other instruments necessary to the timely functioning of the Unified San Diego Emergency Services Organization if the. Unified Disaster Council is not in session, provided such contracts, agreements, or other instruments, do not conflict with the annual work plan as may be approved by the Unified Disaster Council. 4. To delegate to the Coordinator of Emergency Services or to the Director of the Office of Emergency Services, herein al~er referred, authority to execute contracts, agreements, and other instruments as specified in paragraphs 2 and 3 above, subject to approval of the Unified Disaster Council. 5. To establish committees and appoint members subject to ratification of the Unified Disaster Council. 6. To represent the Unified Disaster Council, or appoint a Council representative, in all dealings with public or private agencies on emergencies or emergency management issues pertaining to the Emergency Services Organization. UI~ 7 2002 ,-Ii UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 7. To represent the interests of the uninCOFpOratod area of the County. The Chairperson may designate a person to represent such interests in his or her absence. L The Coordinator of the Unified SanDiego County Emergency Services Organization has the following powers and duties: 1. To request the City Council or Councils to proclaim the existence or threatened existence of a local emergency if said Council or Councils are in session or to request such proclamation by the City Manager or other authorized person if the Council or Councils are not in session subject to ratification by the Council or Councils at the earliest practical time. 2. To request the Board of Supervisors to proclaim the existence or threatened existence of a countywide local emergency if the Board of Supervisors is in session or to request such proclamation by the Chief Administrative Officer or other authorized person if the Board of Supervisors is not in session, subject to ratification by the Board of Supervisors at the earliest practical time. 3. To request the Governor of the State of California through the Board of Supervisors or the Council or Councils of the affected City or Cities to proclaim the existence of a state of emergency or state of war emergency when, in the opinion of the Coordinator, the resources of the area or region are inadequate to cope with the emergency. 4. To serve as the Operational Area Coordinator and to coordinate the mutual aid efforts of the parties to this agreement. 5. To receive funds for the Unified San Diego County Emergency Services Organization and to send them to the County Treasurer for deposit pursuant to paragraph El0 above. 6. To authorize the County Auditor/Controller to draw warrants for disbursement of San Diego County Unified Emergency Services Organization funds pursuant to paragraph E 10 above. J. There is hereby created an Office of, and Director for, Emergency Services. The Office shah be'under the direction of the Chief Admioistrative Officer of the County of San Diego, and the Coordinator of Emergency Services for the Unified San Diego County Emergency Services Organization. The staffeffort directly applicable to County of San Diego functions shall not exceed the level of the financial contribution of that jurisdiction and shall not be inconsistent with the workplan as may be approved by the Unified Disaster Council. UDC 8 2002 UNIFIED SAN DIEGO COUNTY EMERGE~ICY SERVICES AGREEMENT The Director and staff of the Office of Emergency Services shall be responsible for emergency management duties which may include: 1. To prepare, develop, coordinate, and integrate an Operation Area Emergency Plan and to respond to emergencies in accordance with emergency plans; 2. To aid, assist, and advise the County and each City in the preparation and development of emergency plans; 3. To coordinate and assist in the recruitment mad training of emergency services personnel; 4. To coordinate and assist in the procurement and inventory of emergency supplies and equipment and in obtaining Federal matching funds and surplus property; 5. To develop, maintain and administrate countywide programs as may be determined by the Unified Disaster Council; 6. To coordinate Operational Area emergency public education programs; 7. To develop, maintain and distribute Operational Area inventories of vital reSOUrCes; 8. To develop and maintain public warning systems for the San Diego Operational 9. To develop an annual workplan and budget for review and approval by the Unified Disaster Council; 10. To execute and approve all instruments neCessary to the day-to-day operation of the Emergency Services Orga~iTation as specified in the approved budget, and workplan, and approved changes there to; 11. To provide administration and coordination of County employees functioning as staffto the Unified San Diego County Emergency ServiCes Orga~i?ation; and 12. To Chair meetings of the Unified Disaster Council in the absenCe of the designated Chair and ViCe-Chair of the Unified Disaster Council K. The Unified San Diego County Emergency Services Organization and the Unified Disaster Council ,~re structured herein in accordance with the Emergency Services Ordinance (San ])iego Conn~y Code of Regulztory Ordin,,nees, See. 31.101.) In the event the organizations are altered m,~ter~lly in the Emergency Services Ordinance, any party may offer to the other participating parties amendments to conform the ,~greement to the Ordin,~nee. All amendments to the Agreement shall be in writing mid effective upon execution by all parties. UDC 9 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT L. The terms "state of war emergency", "state of emergency", and "local emergency" used herein shah have the same definition as is provided in the California Emergency Services Act, Government Code Section 8558. M. This agreement shah become effective upon the execution of the agreement by the County Board of Super~dsors and by all Cities desiring to become signatories hereto. Execution of this agreement supersedes the prior Emergency Services Agreement, formerly imown as the Civil Defense and Disaster Agreement, and aH amendments thereto and also supersedes the Fourth Amended Emergency Services Agreement of 1991. N. Any of the cities within the County of San Diego which are now, or which may hereafter become incorporated may become a party to this agreement by executing an agreement hereunder and filing such executed agreement with the Coordinator or, in his or her absence, the first or second alternate coordinator. O. This agreement may be terminated as to any of the parties by written notice given by such party to aH the other parties which notice shah be given at least 120 days prior to the commencement of the fiscal year in which the termination is to take effect. For the purposes of such notice a fiscal year is defined as July 1 of a calendar year through June 30 of the next succeeding calendar year. UDC 10 2002 UNIFIED SAN DIEGO COUNTY EIVI~RGENCY SERVICES AGREEIVI~NT IN WITNESS WHEREOF, the parties hereto do affix their signatures. SAN DIEGO COUNTY UNIFIED DISASTER COUNCIL Council Approval Date: By Chairman, Unified Disaster Council CITY OF CARLSBAD Council Approval Date: By CITy OF CHULA VISTA Council Approval Date: By CITY OF CORONADO Council Approval Date: By CITY OF DEL MAR Council Approval Date: By CITY OF EL CAJON Council Approval Date: By 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT CITY OF ENCINITAS Council Approval Date: By CITY OF ESCONDIDO Council Approval Date: By. CITY OF IMPERIAL BEACH Council Approval Date: By. CITY OF LA MESA Council Approval Date: By. CITY OF LEMON GROVE Council Approval Date: By. CITY OF NATIONAL CITY Council Approval Date: By CITY OF OCEANSIDE Council Approval Date: By UDC 12 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT CITY OF POWAY Cotmeil Approval Date: By .CITY OF SAN DIEGO Council Approval Date: By CITY OF SAN MARCOS Council Approval Date: By. CITY OF SANTEE Council Approval Date: By. CITY OF SOLANA BEACH Council Approval Date: By. CITY OF VISTA Council Approval Date: By. COUNTY OF SAN DIEGO Board Approval Date: By. Clerk of the Board of Supervisors 01-01226 UI~ 13 2002 COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 12/10/02 ITEM TITLE: Resolution Naming the Chula Vista Heritage Museum's Exhibition Area in Honor o£ Frank Roseman SUBMITTED BY: Deputy City Manager Palme~ REVIEWED BY: City Manager ~"d o (4/5th Vote: YES __ NO X ) The Library recommends naming the exhibition area at the Chula Vista Heritage Museum in honor of Frank Roseman, a well known Chula Vista resident who played an instrumental role in founding the Chula Vista Heritage Museum and who has dedicated many years of service to the community, Museum and Chula Vista Public Library. RECOMMENDATION: That the City Council adopt the resolution approving the naming of the Chula Vista Heritage Museum's Exhibition Area as the "Frank Roseman Gallery." BOARDS/COMMISSION: At its meeting of October 23, 2002, the Library Board of Trustees voted unanimously to support naming the Exhibition Area at the Chula Vista Heritage Museum as the "Frank Roseman Gallery." DISCUSSION: In 1994, the Library Board of Trustees approved two criteria to be utilized when a wing or room at a Chula Vista Public Library is proposed to be named after an individual. They are: 1. A monetary gift to the Chula Vista Public Library of at least $20,000. 2. Significant contribution to the development and enhancement of the Chula Vista Public Library and/or the City of Chula Vista. In 1994, the City Council approved naming the Young Adult Room at South Chula Vista after Arturo Barrios and the art gallery at South Chula Vista Library after former Library Director Rosemary Lane. In 1999, the City Council approved naming the Local History Room at Civic Center Library after John Rojas. In these cases, the Library Board recommended to Council that the rooms be so named based upon the above criteria. The Library and the Board of Trustees now recommends that the Exhibition Area at the Chula Vista Heritage Museum be named after Mr. Frank Roseman, based upon criteria #2; "Significant contribution to the development and enhancement of the Chula Vista Public Library and/or the City of Chula Vista". The Chula Vista Heritage Museum is operated under the auspices of the Chula Vista Public Library and is considered a part of the Library "family". Page 2, Item: (~ Meeting Date: 12/10/02 Mr. Roseman is "Mr. Chula Vista Heritage Museum." He played an instrumental role in founding the Museum and, since its opening, has been volunteering his time as the Museum Manager. Mr. Roseman is retiring from this position after serving with distinction and dedication for the past 10 years. During his tenure, he created many displays honoring the City's agricultural past, sorted numerous old photographs and artifacts, retrieved and organized countless donations from around the County, and conducted research. Mr. Roseman was instrumemal in establishing the "Walk of History", a display of historical photos and commentary along Third Avenue. Over the past thirty-two years, Mr. Roseman has been actively involved in many local organizations including: · The Chula Vista Heritage Museum · The Friends of the Chula Vista Library Executive Board · The Friends of the Chula Vista Heritage Museum Chapter · The Chula Vista Historical Society · The Chula Vista Nature Center · The Tall Ship Society · The Chula Vista 75th Anniversary Committee Naming the exhibition area at the Chula Vista Heritage Museum after Mr. Roseman would be a tribute to his numerous contributions and dedicated service to the Chula Vista Public Library and residents of Chula Vista. FISCAL IMPACT: The cost of the signage inside the Museum, estimated to be less than $500, will be absorbed in the Library's budget. [e:~home\libray~A113~johnrojas,A13 - 08-06~99] ~ '~ ~ RESOLUTION N0.2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA NAMiNG THE CHULA VISTA HERITAGE MUSEUM'S EXHIBITION AREA IN HONOR OF FRANK ROSEMAN WHEREAS, the Library recommends naming the exhibition area at the Chula Vista Heritage Museum in honor of Frank Roseman, a well known Chula Vista resident who played an instrumental role in founding the Chula Vista Heritage Museum and who has dedicated many years of service to the community, Museum and Chula Vista Public Library; and WHEREAS, at its meeting of October 23, 2002, the Library Board of Trustees voted unanimously to support naming the Exhibition Area at the Chula Vista Heritage Museum as the "Frank Roseman Gallery"; and WHEREAS, the cost of the signage inside the Museum, estimated to be less than $500, will be absorbed in the Library's budget. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the naming of the Chula Vista Heritage Museum's Exhibition Area as the "Frank Roseman Gallery". Presented by Approved as to form by David Palmer ~ ~/~ ' John M. Kah~ny~ ~-~ Deputy City Manager City Attorney J:\attorney\reso\roseman PAGE 1, ITEM NO.: MEETING DATE: 12/10/02 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS' MARKET FROM 2:00 P.M. - 8:30 P.M. ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ),,.,3~ ,.~ ~ 4/5THS VOTE: YES ~ NO ~ BACKGROUND The Chula Vista Downtown Business Association (DBA) has managed the downtown Farmers' Market on Thursday afternoons since 1996. The event is highly successful, providing a needed service, enhancing the Cih/s cultural adivities and drawing more people to the downtown Third Avenue area. This resolution would allow the Farmers' Market to continue in its current location until December 31,2004. RECOMMENDATION It is recommended that the City Council adopt the resolution extending the temporary closure of Center Street and a portion of Church Avenue for the downtown Farmers' Market from 2:00 p.m. - 8:00 p.m. on Thursday afternoons for a ~wo-year period subject to conditions of approval. BOARDS/COMMISSIONS RECOMMENDATION DISCUSSION The downtown Farmers' Market is an important feature in the revitalization of western Chula Vista. Not only does it draw new people to Chula Vista's downtown, it also provides a sense of liveliness on the street that is key to the momentum of other revitalization efforts. PAGE 2, ITEM NO.: ~) MEETING DATE: 12/10/02 During the past two-year period of the Farmers' Market, staff has worked with the DBA to improve the pedestrian experience of the market, at City Council's request. Management changes were made that improved the safety and accessibility of the market. The DBA has an interest in finding a more prominent place for the market - perhaps on Third Avenue or utilizing Memorial Park; however, this discussion is still in the initial stage. The resolution extending the Farmers' Market for a hvo-year period is being brought forward because the current street closure expires at year end, 2002. The DBA and staff have agreed that this renewal is appropriate while the DBA plans a possible relocation. If a relocation is deemed feasible during the renewal period a new resolution can be brought forward at that time. FISCAL IMPACT The estimated ross of parking meter revenue for the Nra-year period of the street closure is $3,000. ATTACHMENTS Location Map J:\COMMDEV~STAFF.REP\12-10-02\cc-farmers' rnkt 2002.doc 300 0 300 600 Feet COUNCIL RESOLUTION NO. RESOLUTION OF THE C!TY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS' MARKET FROM 2:00 P.M.- 8;30 P.M.ON THURSDAY AFTERNOONS FOR A TVVO-YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971, which created the Downtown Business Association; and WHEREAS, a new Property and Business Improvement District was formed by a vote of property owners on July 10, 2001; and WHEREAS, on October 3, 1995, the City Council approved Resolution 18052 adopting Negative Declaration IS-95-30 and approving the closure of a portion of Center Street on Thursday afternoons between March, 1996 and October, 1998, for a Farmers' Market; and WHEREAS, on October 15, 1996, the City Council approved Resolution 18:710 to expand the temporary closure of Center Street and add a portion of Church Avenue to accommodate the Farmers' Market on Thursday afternoons subject to conditions; and WHEREAS, on November 14, 2000, the City Council approved Resolution 2000-411 extending the temporary closure of Center Street and a portion of Church Avenue for the Downtown Farmers' Market on Thursday afternoons for a two-year period subject to conditions; and WHEREAS, the extension of the street closures creates no new significant impacts and therefore no additional review of the project is required under CEQA; and WHEREAS, the Downtown Business Association insures its downtown events, including the Farmers' Market for $1 million in liabiity and names the City of Chula Vista asan additionally insured; and WHEREAS, The Farmers' Market special event will further the redevelopment effort within the Town Centre I Redevelopment Project Area. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista extends the temporary closure of Center Street and a portion of Church Avenue for the Downtown Farmers' Market from 2:00 P.M. - 8:30 P.M. on Thursday afternoons through December 31, 2004 subject to conditions attached hereto as Exhibit "A." Presented by Approved as to form by Chris Salomone John M. Kaheny Community Development Director City and Agency Attorney J:~COMMDEV~RESOS\CC-2002 farmers mkt.doc EXHI'BZT A December 10, 2002 Downtown Farmers' Market Center Street and a portion of Chula Avenue CONDZTZON$ OF APPROVAL 1. The subject street closure shall be permitted through December 31, 2004, unless sooner revoked (in sole discretion of the City Council) to accommodate the Downtown Farmers' Market. At the end of that time, the Farmers' Market shall be evaluated by the Community Development Director and a recommendation made to the City Council. The City Council, at that time, may consider a further extension. 2. All Vendors or activities to take place within the closed street right-of-way, other than those approved herein shall be approved by the Community Development Director prior to their participation on the Farmers' Market. ADoroved Vendors and Activities 1) Certified Farmers' Market~ 2) Arts and Crafts hand made by the seller 3) Promotional activities that enhance the market but do not detract from the Downtown business environment to create significant noise, congestion, or safety hazards. 4 Downtown Business Association (DBA) merchants and businesses in good standing may sell or demonstrate merchandise and services that are currently sold within their Downtown premises. 3. The DBA shall provide, set up and remove all signs, barricades, temporary traffic control devices related to the Farmers' Market and street closure in a timely manner (set-up shall begin no earlier than 2:00 p.m. and removal completed no later than 8:30 p.m.). All traffic control devices, signs, and barricades shall be placed in accordance with the sign placement plan approved by the City Traffic Engineer a0d shall conform to the State of California traffic control requirements. 4. The DBA will be responsible for the coordination and implementation of all activities and regulations related to the street closure and Farmers' Market, the appropriate City of Chula Vista departments and staff, and any applicable County, State or Federal requirements. A certified Farmers' Market is a location approved by the County Agricultural Commissioner, where certified farmers offer for sale only those items they grow themselves. Only the immediate family and salaried employees of a certified producer may act for and sell the products of that producer. Items include fresh and dried fruits and herbs, vegetables, nuts, honey, eggs, houseplants and cut flowers, jerky, fresh fish, olives and baked goods. COUNCIL AGENDA STATEMENT Item No.: ~ Meeting Date: 12/10/2002 ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving the executed Mills Act contracts between the City of Chula Vista and the owners of the historic properties located at 462 "E" Street, 209 "I" Street, 616 Del Mar Avenue, 382 Del Mar Avenue, 7 Cresta Way, 415 Hilltop Drive, 190 "K" Street, 292 Sea Vale Street, 840 First Avenue, and 671 Fourth Avenue and authorizing the Mayor to sign said contracts. SUBMITTED BY: Dncector of Planning and Buildm ~!~9'~ (4/5tbs Vote: Yes No X) REVIEWED BY: City Manager Staff, in accordance with Policy #454-01, has prepared contracts for eleven owners of historic homes who want to participate in the Mills Act program. Upon authorization by the City Council, the City will enter into the contracts which will then be forwarded to the County Assessor's office for recordation, making the properties eligible for tax credit in the upcoming tax year. RECOMMENDATION: That the City Council approve the executed contracts for those property owners who have elected to participate in the Mills Act Program at this time. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission reviewed these contracts on November 4, 2002 and recommends that the City Council approve each of the contracts that are being considered at this time and authorize the Mayor to sign said contracts. DISCUSSION: On May 29, 2001 Council adopted a policy (Policy #454-01) that allows the City of Chula Vista to enter into Mills Act Agreements with owners of historic properties. These agreements will help provide the property owners fhiancial assistance in the form of property tax relief. Staff, with the approval of the City Attorney has prepared contracts that have been entered into by the owners of historic homes who want to participate in the Mills Act Program Staff has met with those homeowners that have applied to participate in the Mills Act Program and together with each homeowner has determined a list of potential improvements to the property to be completed over the next ten (10) years. Some of the potential improvements include: painting the homes with historic colors, new roofs, and general maintenance and repairs that will help retain the property's historic character. Subsequent to this each property owner Page 2, Item No.: ~ Meeting Date: 12/10/2002 signed the contract thus showing their agreement to the provisions of the contract. Each contract was considered by the RCC who recommended that Council approve said contracts. Review and approval by the City Council of the executed Mills Act contracts is necessary for the City to enter into each of the Mills Act Agreements. Upon approval by the City Council and signature by the Mayor, the City will enter into the contracts, which will be forwarded to the County Assessor's office for recordation. FISCAL IMPACT: Implementation of the Mills Act contracts will have a nominal fiscal impact on the City. The City only receives $0.147 of each property tax dollar, therefore there will be minimal fiscal impact associated with the reduction in property taxes as a result of the Mills Act Program. A~achments Mills Act Contracts Photos of the properties J: \Pla~ing\Lynnetle\couneil\mills act contracts agenda statement 2002.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EXECUTED MILLS ACT CONTRACTS BETWEEN THE CITY OF CH[JLA VISTA AND THE OWNERS OF HISTORIC PROPERTIES LOCATED AT 462 "E" STREET, 209 'T' STREET, 616 DEL MAR AVENUE, 382 DEL MAR AVENUE, 7 CRESTA WAY, 415 HILLTOP DRIVE, 190 "K" STREET, 292 SEA VALE STREET, 840 FIRST AVENUE, AND 671 FOURTH AVENUE AND AUTHORIZING THE MAYOR TO SIGN SAID CONTRACTS. WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills.Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance, and; WHEREAS, following Council's Policy Number 454-0 I, adopted May 29, 2001, upon approval by City Council the City of Chula Vista will be able to enter into said Mills Act Agreements with property owners of qualified historic properties, and; WHEREAS, City and Owner(s), for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code (and as amended from time to time), and; WHEREAS, the Owner(s) are determined to be the owners of: 462 "E" Street, 209 'T' Street, 616 Del Mar Avenue, 382 Del Mar Avenue, 7 Cresta Way, 415 Hilltop Drive, 190 "K" Street, 292 Sea Vale Street, 840 First Avenue, 671 Fourth Avenue, and; WHEREAS, State legislation defines a qualified historic properly as any property that is listed on a national, state or local historic register, and; WHEREAS, all said properties are all listed on Chula Vista's List of Historic Sites, and therefore are all deemed as "qualified historic properties", and; WHEREAS, the Resource Conservation Commission at their regular meeting held on November 4, 2002 reviewed each contract in its entirety and made the recommendation to City Council to approve the City of Chula Vista to enter into said contracts, and; WHEREAS, the Environmental Review Coordinator has determined that this project is exempt per the California Environmental Quality Act (CEQA), Section 15331, Class 31, Historical Resources Restoration and Rehabilitation, and; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the executed Mills Act contracts between the City Of Chula Vista and the owners of the following historic properties: 462 "E" Street, 209 'T' Street, 616 Del Mar Avenue, 382 Del Mar Avenue, 7 Cresta Way, 415 Hilltop Drive, 190 "K" Street, 292 Sea Vale Street, 840 First Avenue, 671 Fourth Avenue, all located in the City of Chula Vista. Presented by: Approved as to form by: Robert A. Leiter John M. Kaheny Director o Planning & Building City Attorney Recording Requested by and l~lease Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 ~ This Space for Recorder's Use Only ~I APN(s) 568-012-03-00 MILLS ACT AGREEMENT For property located at 462 "E" Street, Chula Vista, CA 919,10 THIS AGREEMENT is entered imo by and between THE CITY OF CHULA VISTA, a mCnicipal corporation ("City") and Gerald and Carlene Scott ("Ovmers"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor Parcel No. 568-012-03-00, and generally located at the street address 465 "E" Street, Chula Vista, California, 91910, (the "Historic Site"). WHEREAS, after a public hearing, the Chula Vista City Council declared and designated the above property as Historical Site Number(s).56, pursuant t6 Chula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Tax/ition Code (and as amended from time to time). NO'(Iv' THEREFORE, in consideration of the mutual benefits and covenants, City m~d Owner agree as follows: Page 2 of 6 Mills Act Contract 1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454- 01 incorpgrated herein by this reference. 2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a_. Owner should preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate the pi'operty, in accordance with the rute~ and regulations published by the Secretary of the Interior and as amended from time to time (Attaclm~ent A). Work should be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b_. Owner should maintain all buildings, structures, yards and other improvements in a 'manner which does not detract from the appearance of the immediate neighborhogd. The following conditions are prohibited: i. D)lapidated, deteriorating, or unrepaired structures, such as: fences, roofs, . doors, walls and windows; ii. Scrap lumber, junk, trash or debris.. iii.Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cmos, containers, or similar items; iv. Stagnant water or excavations, including pools or spas; v. Any deyice, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c~ Owner shall allow reasonable periodic exanfination of the Historic Site, by prior appointment, if a request is made by representatives of the City of Chula Vista Plmuring Department, County Assessor, State Department of Parks and Recreation or the State Board of Equalization. d_. The owner shall allow visibility of the exterior of the structure from the public right-of-way. e_. Should owner apply to the'City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such permit, so long as such hearing'is completed no longer than three (3) weeks after owner submits sudh application to the City. f. Notwithstanding the foregoing subparagraph 2.e, should Ovmer apply to the City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State nf California environmental regulations, policies and requirements prior to City issuance of the requested p~rmit. 3. Information of Compliance. Owner hereby agrees to furnish City with any and all ' information requested by the City which the City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement. 4. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines Page 3 of 6 Mills Act Contract that Owner has breached any of the conditions of this Agreement or has allowed the property ~o deteriorate to the point that it no longer meets the City's or State's standards for a qualified historic property. In addition, City may cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Agreement. In the event of a default under the provisiohs of this Agreement by Owner, City will give written notice to Owner by registered or certi~ed mail addressed to the address stated in this Agreement, m~d if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days (provided ~hat acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any clgim of default by Owner if City does not enforce or cancel this Agreement. All other remedies of law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic sites are available to the City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 6. Binding Effects'of Agreement. The Owner hereby subjects the Historic Site to the covenants, reservations and restri'ctions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and ~hall pass to. and be binding upon the Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any Porti6n thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restriction are set forth in such contract, deed, or Qther instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal 'interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such 'covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical characteristics and significance of the Historic Site for the benefit of City, the public, and Owner. 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on December I0, 2002 (but no earlier than approval of the agreement by th~ City Council), and shall remain in effect for a term often (10) years thereafter. Each year upon the mmiversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement (the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or City shall serve written notice of non-renewal on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City 'at least ninety (90) days prior to the annual renewal date, or served by City to Owner at leastfiixty (60) days prior to the annual ~enewal date, one (I) year shall automatically be added to the term of the Agre.ement as provided herein. Upon. receipt by Owner of a notice of non-renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the anhual renewal date of the Agreement, withdraw its notice of non-renewal. If either City or Owner serves notice to the other of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3..Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: City of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910 To Owner(s): Gerald and igarlene Scott 462 "E" Street Chula Vista, CA 91910 Page 5 of 6 Mills Act Contract 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b.. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use of operations 0f Owner or those of his or her contractor, subcontractor, agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend the City and its elected Officials, officers, agents, and employees with respect to any and all aetlons for damages caused by, or alleged to have bgen caused by, reasons of Owner's'activities in connection with rite Historic Site. This hold harmless provisiQn applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not th~ City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herei!~, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historical Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. e. This Agreement shall not take effect unless and until Owner's signatm'e is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Agreement on behalf of Owner, the agent or representative must furnish proof, to the satisfaction of City, that the agent or representative has authority to , act on Owner's behalf. f. This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the .office of the County Recorder of the County of San Diego. 12. Amendments. This Agreement may be an~ended only by a written and recorded instrument executed by the parties hereto ATTACI-IMENT "A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF HISTORIC STRUCTURES 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided. 3. Each property shall' be recognized as a physical record' of its time, place, and use. Changes that create a false sense of historical' development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. · Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction teclmiques or exan~ples of craftsmm~ship that characterize a property shall be preserved. 6. Deteriorated historic features shall be r~paired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archaeological resources affected by a prgject shall be protected and preserved. .If such res6urces must be disturbed, rnitigation measures shall be undertaken. 9; New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF '.~01/3 7'~[eQ~C> personally known Io me (or proved to me on the basis of salisfiactory evidence) to be the person(s) whose nam~s~are subscribed to lhe within instrument and acknowledged to me that ~e/::ke/thcy executed the same in ~]~m/iheir authorized capacityfies), and that by hi~t~i~iTtheir signature(s} on the instrument the personls), or the entity upon ~half of which the person(s) acled, executed the instrument. ~I~NESS m~ h~nd ~nd offic~ ~e~k O~ CO~ · ~10m ~ ~NOTARY PUBUC~AL~RN~ ~ /X~ ~,~ (SEAL}  RY PUBLIC ~NATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER{S) OTHER THAN NAMED ABOVE Page 6 of 6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 462 "E" Street (APN:568-012-03-00) CITY OF. CHULA VISTA OWNER(S) OF RECORD Date: Date: // Approved: By: ~~ Shirley Horton, Mayor (Notarized Signat0xe) Date: Date: //' ~2 r~ ' ~ ~ Attest: Susan Bigelow, City Clerk (Notarized Signature) Date: Approved as to form: John Kaheny, City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 8-//. ATTACHMENT "B" MILLS ACT AGREEMENT SUPPLEMENTAL (To be completed by the Owner) Please list, to the best of your knowledge, the improvements that have been made over the past 10 years to maintain or rehabilitate this property. YEAR IMPROVEMENT · Please list the improvements and restorations that you intend to make over the next 10 years. List them in order of your priority based upon anticipated need for proper maintenance. PRIORITY IMPROVEMENT/RESTORATIONS OWNER CERTIFICATION: I certify that I am pr6sently the legal owner of the subject property. Further, I acknowledge the supplemental i~kformation on this form will be used as an exhibit attached to the Mills Act Agreement. Date: ?/-~,~-,d9 ~_ Signature: Recording Request,~d by and Please Return to: CiO' Clerk City of Chain Vista P.O. Box 1087 Chula Viala, CA 91912 rh~s Spac*fi~r Recorder :~ la'se Only APN(s) 573-120- I 7-00 MILLS ACT AG~E~NT Fm pro~y I "~ o~tefl at209 I S~h Ch~aV~s~ CA919~0 T~S AG~EM~T is entered into by and be~veen ~E CITY OF C~fLA VISI& a m~icip~ co~omtion (*'CiW") and Z~ne Dunham ~d Jo~ Cma'e RECITES WHEREAS. C~itbma ~ve~ent Code S~ *0~80, ~ ~q., mf~d to ~ fl~e Mills AcL au&ofiz~ cities to ~r into contmc~ Mth ~e o~ ofq~ifi~ ~od~ pm~nies m provide for the use, maintenance, ~d restoration of such ~isto~efl ~ies so m lo ~ chmcteri~cs m proxies of ~stofical si~ific~ce. ~E~S, O~ posse~es fee title ~ and to that ce~ain re~ pro~, mge~er assochiM s~uct~es ~d improveme.aB thereon, Asses~r P~I No. 573-t20-17~0. ~ gen~dly located ' "" aI ~e s~eet address 209 t S~et, Chula Vis~ C~ifonfia 91910. "Historic Site"). WHE~AS, m~er a public he~ing, ~e Ch~ Vista C~t5 Conncfl a~l~ ~d d~l~ · e ~ve pr~' ~ Himofi~ Site N~s) 52, pm~ to Chu~ V~m Mu~cip~ Code S~fion 2.32.070. A-F. W~AS, Ci~ ~d O~mer,. for fl~eir mut~ ~fit, no~' d~i~ m ~t~ into Ag~mnent bo~ to protect ~d ~sm, e ~e ehmctefisfics ofhi~fie~ sig~fi~ce of~e Himoficfl Site ~d to quali~ tM ~stori~ Sim for ~ ~ment of v~u~on ~s~t to provSsio~ of ~ticle 1.9, (co~enciag ~5~ Section 439) of Chapter 3 ofP~ 2 of Div~ion 1 of the Ca~b~a Revenue ~d T~xation Code (~d as mend~ ~om ~e m t~e). NOW ~FO~, in ~midemon of ~e m~ ~fi~ ~d cover~, Oty a~ ~me as tbllows: Page 2 of 6 Mills Acs Contract I. Compliance with Council Policy. Owner shall comply with Council Policy Number 45a- 01 incorporated herein by this reference. 2. ,qtandards tbr Historic~J Site. During the term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a_. Ox~mer should preserve and maintain the regulated chm'acter~tics of historical significance of the Hi.~aoric Site~ and, where necessary and feasible, restore and rehabilitate the property, in accordance with fl~e rules m~d regalations published by the Secretary of the Interior md as amended from time to time (Attn¢banent A). Work should be Cone in accordance ~Sth the attached schedule of potential home improvements, ,lralied by the O~mer (Attachment B). b_. Owxaer should maintain all buildings, stmctm'es, yards and other improvements in a manner which does :act detract from the appearance of the immediate neighborhood. The fc. llowing conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: t~nces, roofs, doors, walls and vdndows; ii. Scrap lumber, }unk, trash or debris. iii.Abandoned. discarded or unuse~ objects or equipment~ such as automobiles, automobile parts, fornimre, stoves, refrigerators, cans, containers, or :fimilar items; ix,. Stagmmt water or excavations. ;including pools or spas; v..~qy de,See, decoration, design, structure or vegetation wlfich is unsightly by reason of its heigh~ condition, or its inappropriate location. c_. Owner shall altow reasonuble periodic examination of the Historic Site, by prior appointment, if a request is made by representatives of the City of Chula Vista Plarming Department, Count), Assessor, Slate Depm hnent of Parks and Recreation or the Stale Board of Equalization. d_. The owner shall allo'a x, is]bility ofthe exterior of the structure from the public right-of-way. e..:. Should owner apply to the City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate h,_. a scheduled hearing regarding such application before the board or comm~sion design,ted by the CiB- Council to oversee the City's ~historic msoumes prior to the issuance of such petmit, so tong as such hearing is completed no longer than three (3) weeks after owner submits such application to the CID'. f_. Notwithstanding the l~aregoing subparagraph 2.e. sliould O~ner apply to the CiD' for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply a4th all City and State of California environmemal reguiations, policies and requirements prior to City issuance of the requested permit. 3. Information o£Compliance. Owner hereby agrees lo furnish City with any and all information requested by the City which the Ciw deems necessary or advisable to determine compliance with the terms and provisions of this Agreement. 4. Cancellation. CID'. following a duly noticed public hear4mg as set forth in California Govermnent Code Sections 50280, et seq, max, cancel this A_maeement if it determir~s P~e 3 of 6 Milt~ Act Contmc~ that Owner has breached any of the conditions of this Agreement or has allowed the property to deteriorate to the '9oin! that it no longer mee~s the City's or State's standards for a qualified historic property. In addition, City ma.,,, vance[ this Agreement if it determines that the Owner has tailed to restore or rehabilitate the properva' in the maturer specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered or removed the historic site..[n the event of cancellation. C,~vner maybe subje, m to paymem of those cancellation fees set forth in Califomla Government Code Section 50280, et seq. 5. Enfomement of &areemetm ../n lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City ma5, specifically enfbrce or enjoin the breach of the temp., of this Agreement. In the event ora default under the provisions of this Agreement by Ox~a-~er, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days (pro;4ded that acts to cum the breach or default must be commenced within thii-ty (30) days ,md mm thereafter be diligently pmued to completion by Ox~er), then City may, without further notice, d.eclare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreemeut, apply' to any court, state or l'ederai for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City d~ms not waive an>' claim of default by O~m~ if City does not enforce or cancel this A~eement. Ail other remedies of law or in equity- which are not otherwise provided for in this Agreement or in City's regulations governing historic sites are available to the CiD- to pursue in the event there is a breach of this Agreement. No waiver by CiD' of any breach or default under this Agreemunt shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 6. Binding Effects of Agreement. The O;xmer hereby subjects the Historic Site to the covemmrs, resen'ations and n.'strictions as set forth in this Agreement. Cie- and Owner hereby declare their specific intent that tbe covenants, re~rvafitms, and restrictions as set forth herein shall be deemed covenants running with the land and stroll pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Site. Each and every con~act, deed, or other instrument hereina~er executed, covering or conveying the H/storic Site, c,r any portion thereof, shall conclusively be held So have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of ~4~ether such cox~enants, r~cr~'ations, and restriction are set forth in such contract, deed, or other instrument. City mad O~mer hereby declare their understanding and intent that the burden of the covenants, reservations, and xes~icfions set forth herein, touch and concern the land, in that Owmer's legal in,rest in the Historic Site is rendered less valuable thereby. CiW and Owner hereby further declare theLr understanding and intent that the benefit of ~*ach covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical ch~rac-terisfics and significance of the Historic Site for the benefit of City, the public, aml Ox~mer. 1. Effective Date ,mad Teml ->fAgreement. This Agreement shall be effective and commence on December 10, 2002 (but no em'tier than apprm~al of the e~greement by the City Council). and shall remain in effect for a term often (10) years thereafter. Each year upon the ann/versary of the effective date, such initial term will autc, matically be ex'lender as provided in paragraph 8 below. 2. Renewal. Each year on file anniversary, of thc effective date of this Agreement (the "renewal date"), a year shall automatically be added lo tile initial term of this Agreement unless notice of non-renewal is ma/led as provided herein. ~either Owner or City desires in any year not to renew this Agreement, O,,~mer or City shall sen,e ~wiuen notice of non-renew:al on the other party in advance of the' annual renewal dale of the Agreement. Unless such notice is served by Owner to City at least ninety (90) d~ys prior to the annual renewal date, or scn~,ed by City to Owner at least six~' (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from City, Owner may make a " ~rfitten protest of the noti,:e. City may, at any time prior to the a~nnual renewal date of the A~"eement, w~thdraw its notice of non-renewal. If either City or Owner serves notice to th.~ other of non-renewal in any year, the Agreement shall remain in effect for the b~lance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever ma5' apply. 3. Notice. An), notice required to be given by the terms of this Agreement shall be provided at fl~e address of'the respective parties as specified below or at any other address as may be later Sl:ecified by either party_ To City: City of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chuta Vista, CA 91910 To Owner(s): Jane Dunhmn and John Crowe 2~ "I" Street Chula Vista, CA 91910 P,'u2e 5 o/'6 Mills Ac~ Contra~ 10. General Provisions. a_ None of Ibc terms, provisiorts, or conditions of this Agreement shall be deemed to create a partnership N.'tween the parties and any of their heirs, successors, or as-signs, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City. and its elected officials, olSicers, agents, and employees harmless from liability for damane or claims for dmnage for personal injuries, including de~[th, and clahns for pro~ert?: damage which may arise from the direct or indirect use of operations of Owner or those of his o.r her contractor, subcontractor, agent, employee or other person acting on his or her behalf which relate 1o thc nse~ operation, and maintenance of the Historic Site. Owner hereby agrees to mid shall de~end the Ci.ty and its elected Officials, officers, agents, and employees with respe,:t to any and all actions for damages caused b55 or alleged lo have been caused by, reasons of O~mer's actDities in connection ~4th the Historic Site. This hold harmless proviskm applies to all damages and claims for damages suffered, or :dteged to have been suffered, t~' re'ama of the opermibns referred m in this Agr:emem regardless of whether or nm the City prepared. supplied, or approved the plans, specifications, or other documents for the Historic Site. c. Ali of the agreements, fights, covenants, resen, ations, and restrictions contained in lhis .Agreement shall be binding upon and shall inure m lhe benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historical Site, whether by operation of law or in any manner ~vhatsoever. d. in the event that any cf the provisions of this Agreement are held to be unentbrceable or invalid by any court of competent jurisdiction, or by sul'mequent preemptive legislafior~, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. e. This Agreement shall not take effect unless and until Owner's slg~an~'e is notarized by a notary public. Furthermore, if'an agent or representative of Owner signs this Agreement on belmlf of Owner, the agent or representative must ti. krnish proof; to the satisthetion of City, that the agent or representative has authori .ty to act on Owner's behalt~ f. This Agreement shall be conStrUed and governed in accordance with the laws of the State of California. i t. Recordation. No later ~m twen~ (20) days after the parties execute and enter into this Agreement, CiB, shall eau.qe this Agreement m be recorded in the office of the Coanty Recorder of the County. of San Diego. t 2. Amendments. This Agreem=at m%, be amended only by a written and recorded instrument executed by the p~ies bemto P~ge 6 of 6 MiEs Ac~ Conlrm:l SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR CITY OF CHULA VISTA O~qqER(S) OF RECORD Date: Date: II ! ,,20/0.3-- Approved: ~L Shirley Horlon, Mayor By: / (Notarized Signature) Attest: Susan Bigelow, City Clerk 'v5/ - (Notarized Signature-j' Date: Approved as to fom~: John Kaheny~ City Attorney O\~qqERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEP.4a~kTE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA DATE b(AME, TITLE OF OFFICER- E.G.., "JANE DOE, NOT/ARY PUBLIC" ~ (or proved to me on ~e b~is of satishcto~ evidence) to be ~e person(s) whose nme(s) is/~e subscribed to ~e wi~ ins~ent ~d ac~oMedged m me · m he/she/~ey executed ~e sine in hs&er/~ek au~orized capaci~(ies), ~d ~m by ~s~er/~eir silage(s) on the insment ~e person(s), or ~e enti~ upon behalf of which · e person(s) acted, executed ~e ins~ent. ~ESS my h~d ~d official seal. .' / ~YO~NDA ~MOS~  PUBLI~ SI~NA~ (SEAL) ~NOT~Y PU~C-~U~ ~ NOTARY I~COMM ~P 3AN 31~2005~ OPTIONAL INFORMATION SIGNER'S NAME SIGNER'S N~ ATTACHMENT "A" SECRETARY OF THE INTER1OR STA~NDARDS FOR RESTORATION AND REtL4BILITAT[ON OF HISTORIC STRUCTURES I. A property, shall be used for its b~storic purpose or be placed in a new use that requires minimal change to the defining ci.~a~cteristics of the building and its site and env/ronment. 2. The historic character of a propelty shall be re~ained and preserved. Tile removal of historic materials or alterations o;? features and spaces that characterize a property shall be avoidc& Each property shall be recognized as a physical record of its time, place, and use. Charges ttnat create a false sense of historical development, such as adding conjectm-al features or architeaural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired histofic significance in their own fight shall be retainest and prese~rved. 5. Distinctive features, finishes, and construction tectmiques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shatl be repaired rather than replaced. Where the sevefiW of deterioration requires replacemert of a distinctive feature, the new feature shall match the old in desigt~ color, texture, and other visual qualities and. where possible, materials. 7. Chemical or physical treatments, such as sandblasting, that cma~ danmge to historic materials shall not be used. The :an'face cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. g. Sign/ficant archaeological resources affecled by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alteration.,:, or related new eonsmacfion shall not destroy historic materials that characterize the property, The new work shall be differentiated from the old and shall be compatible wi~ the massing, size, scale, and amhitectum[ f~atures to protect the historic integril3~ of the property and its emSrormaem. t 0. New additiorks and adjacent or rehtted new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the Nstoric prope~m.~ and its environment wo~d be unimpaired. ATTACHMENT "B" MILLS ACT AGREEMENT SUPPLEMENTAL (To >e completed by the 0~er) Please list, to thc Ix:st of your knowledge, the improvements that have been made over the past 10 years to maintain or rehabilitate tiffs property. YEAR IMPROVEMENT years. List them in order of your priority based upon anticipated need for proper maintenance. PRIORITY IMPROVEMENTfRESTORAT1ONS 1,~C~--¢.'~ -i-v-~r, ~t- b_~'C,* .~C-,rY', ~ ~,.d;~, V 4-~ ~ ~ ~ ~ ~ ~ ,~ ~ m ~ ~, t C I~ ~ ~-~ d- 't ,"~..~. OWh~ CtRTIHClTIO~: I certify, that I am preSently ',he legal owner of the subject Froperty. Further, I acknowledge the supplemental information on this form will be ~cd as m~ exhibit attached to ~e Mills ACt Agreement. f-'- Page 6 of 6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 209 "I" Street (APN: 573-12(~! 7-00) CITY OF CH~H.A VISTA OV~rNER(S) OF RECORD Dme: Date: Approved: By:. Shirley Horton, Mayor .(Notarized Signature) Date: Date: Attest: By:. Susan Bigelow, City Clerk (.Notarized Signature) Date; Approved as to form: John Kaheny.. City Attorney O'~¥2qERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 209 "I" Street Recording Requested by and Please Return to: CiD' C. lerk City, of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 ~ This Space for Recorder's Use Only. ~ APN(s) 573-170-18-00 MILLS ACT AGREEMENT For property located at 616 Del Mar Avenue, Chula Vista, CA 91910 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and Thomas and Marcia Salvestr/ni ("Owners"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Ac; authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical sig-aificance. WHEREAS, Owner possesses fee title in and to that certain real property., together with associated structures and improvements thereon, Assessor Parcel No. 573-170-18-00, and generally located at the street address 616 Del Mar Avenue, Chula Vista, California, 91910, (the "HIstoric Site"). WHEREAS, after a public hearing, the Chula Vista City Council declared and designated the above property as Historical Site Number(s) 60, pursuant to Chula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this A~eement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: Page 2 of 6 Mills Act Contract 1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. 2.Standards for Historical Site. During the-term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a= O~ner should preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate the property, in accordance with the rules and regulations publisbed by the Secretary of the Interior and as amended from time to time (Attachment A). Work should be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b_:. Owner should maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or u~epaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris. iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, re~gerators, cans, containers, or similar items; iv. Stagnant water or excavations, including pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c_. Owner shall allow reasonable periodic examination of the Historic Site, by prior appointment, if a request is made by representatives of the City of Chula Vista Planning Department, County Assessor, State Department of Parks and Recreation or the State Board of Equalization. d_. The owner shall allow visibility of the exterior of the structure from the public right-of-way. e__: Should owner apply to the City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled heating regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to the City. f. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City issuance of the requested permit. 3. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City which the City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement. 4. Cancellation. City, following a duly noticed public heating as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines Page 3 of 6' Mills Act Contract that Owner has breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the City's or State's standards for a qualified historic property. In addition, City may cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 5. Enforcement of Agreement. In lieu of and]or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) · days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. Ail other remedies of law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic sites are available to the City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 6. Bindine Effects orA.re'cement. The Owner hereby subjects the Historic Site ~o the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in tire or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restriction are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions, touch and concern the land by enhanelng and maintaining the historical characteristics and significance of the Historic Site for the benefit of City, the public, and Owner. 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on December 10, 2002 (but no earlier than approval of the agreement by the City Council), and shall remain in effect for a term often (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement (the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or City shall serve written notice of non-renewal on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (I) year shall automatically be added to the term of the Agreement as provided herein. Upon . receipt by Owner ora notice of non-renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City or Owner serves notice to the other of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: City of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chuta Vista, CA 91910 To Owner(s): Thomas and Marcia Salvestrini 616 Del Mar Avenue Chula Vista, CA 91910 Page 5 of 6 Mills Act Contrac! 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such termg, pr6~isions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use of operations of Owner or those ofkis or her contractor, subcontractor, agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend the City and its elected Officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Ox~mer's activities in connection with the Historic Site. This hold harmless provision applies to ail damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the part/es herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historical Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. e. Th/s Agreement shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner sigms tiffs Agreement on behalf of Owner, the agent or representative must furnish proof, to the satisfact!on of City, that the agent or representative has authority to act on Owner's behalf. f. This Agreement shall be construed and governed in accordance with the laws of the State of Califorrda. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. 12. Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto Page 6 of 6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 616 Del Mar Avenue (APN: 573-170-18-00) CITY OF CHULA VISTA OWNER(S) OF RECORD Date: Date: Approved: y.~6O Shirley Horton, Mayo. r (Not.~.~ed Signature) Date: Date: NN~'-) D-7~' Attest: Susan Bigelow, City Clerk (Notarized Signature) Date: Approved as to form: John Kaheny, City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof _.~/..~ ~..~/,,._..~ ss. On ~'~/' ~'/ 2--~¢'~... beforeme, ~,/'¢),f)C/'J~'~- ~"-../~.~/.,.~ personally appeared ~/Of)'z4t~ .../,- ..,.~)v-~..~,TL/"/~/ ~ /¢~/._/-'~¢~. proved to me on the basis of satisfactory to be the persor~ whose name~ ~;;;~%"~" ~--'~EM ~. ~ A~'~--MA~"E--E-~ subscribed ,o ,h~ within ins~n, and . acknowledged to me that hc/;.~they~xecuted ~/~2bJ~ uommiuion#1259033 II th(e'~e~..~in ~uthor. j.hT¢~ =. ~ Notary Public- Catif~mia ~: ca'paCry(]~ and that~-k~/h~their~) ~ ~ San Diego County ~' signatur~"s~on the instrument the persor'~-'6r ~ ~ ii, Corem...Expims,A~rl,2004~ the entity upon behalf of which the persor~ .......... -- ~-,,-.t.-~ 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 couJd prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~ ~L ~ Document Date: //~-'/Oq'"'--- 0'-~ Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ~ individual Top of thumb here ~ Corporate Officer-- Title(s): ~ Partner-- ~ Limited ~ General ~ Attorney-in-Fact '- Trustee ~ Guardian or Conservator ~ Other: Signer Is Representing:_ ATTACHMENT "A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF HISTORIC STRUCTURES 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Si~m~ificant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated fi.om the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. ATTACHMENT "B"' MILLS ACT AGREEMENT SUPPLEMENTAL (To be completed by the Owner) Please list, to the best of your knowledge, the improvements that have been made over the past 10 years to maintain or rehabilitate this property. YEAR IMPROVEMENT Please list the improvements and restoratim~s that you intend to make over the next l 0 years. List them in order of your priority based upon anticipated need for proper maintenance. PRIORITY IMPROVEMENT/RESTORATIONS 2 OWNER CERTIFICATION: '~ ~ ~'~c-~_ i certify that I am presently the.legal owner of the subject property. Further, I acknowledge the supplemental information on this form will be used as an exhibit attached to the Mills Act Agreement. Date: Sign at u re:~~~6~-~~ Recording Re. ques'ted by rtnd Please Return to: City Clerk City o£Chula Vista P.O. Box 1087 Chula Vista, CA 91912 ~ This. SpaceJbr Recorder's Use Only ~ APN(s) 568-350-10-00 MILLS ACT AGREEMENT For property located at 382 & 384 Del Mar Avenue, Chula Vista, CA 91910 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and Jolm and Danielle Madsen ("Owners") and Trustees of the Madsen Fmnily Trust September 7, 1994. REC1TALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures mad improvements thereon, Assessor Parcel No. 568-350-10-00, and generally located at the street address 382 & 384 Del Mar Avenue, Chula Vista, California, 91910, (the "Historic Site"). WHEREAS, after a public hearing, the Chula Vista City Council declared mad designated the above property as Historical Site Number(s) 61, pursuant to Chula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code (and as amended from thne to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: Page 2 o [ 6 Mills Act Contract 1. Compliance with Council Policy_. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. 2. Standards for Historical Site. During the term of this Agreemeut, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner should preserve and maintain the regulated characteristics of historical -- significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate the property, in accordance with the rules and regulations published by the Secretary of the Interior and as amended from time to time (Attachment A). Work should be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attaclunent B). b. Owner should maintain all buildings, structures, yards and other improvements m - a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or uurepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk. trash or debris. iii.Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, iucluding pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic exmnination of the Historic Site. by prior appointment, ifa request is made by representatives of the City of Chula Vista Planning Department, County Assessor, State Department of Parks and Recreation or the State Board of Equalization. d. The owner shall allow visibility of the exterior of the structure from the public right-of-way. e_. Should owner apply to the City tbr a pemfit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such permit, so long as such heating is completed no longer than three (3) weeks after owner submits such application to the City. f_. Notwithstandh~g the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regnlations, policies and requirements prior to City issuance of the requested permit. 3. Intbrmation of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City which the City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement. 4. Cmlcellation. City fo]lowing a duly noticed public hearing as set forth in Califbrnia Government Code Sections 50280, et seq., may cancel this Agreement if it determines Page 3 of 6 Mills Act Contrac! that Owner has breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the City's or State's standards for a qualified historic property. In addition, City may cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 2(a) of this Agreement, or has detoolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or enjoin the breach of the terms of tlfis Agreement. In the event ora default under the provisions of this Agreement by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Owne, r if City does not enforce or cancel this Agreement. All other remedies of law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic sites are available to the City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restriction are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of tie covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical characteristics and significance of the Historic Site lbr the benefit of City, the public, and Owner. 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on December 10, 2002 (but no earlier than approval of the agreement by the City Council), and shall remain in effect for a term often (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement (the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or City shall serve written notice of non-renewal on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. Upon receipt by Owner ora notice of non-renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the mmual renewal date of the Agreement, withdraw its notice ofnon~renewaI. If either City or Owner serves notice to the other of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Notice. Any notice reqt/ired to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: City of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910 To Owner(s): John and Danielle Madsen 270 Madrona Street Chula Vista, CA 91910 ' Page 5 of 6 Mills Acl Contract 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage tbr personal injuries, including death, and claims for property damage which may arise from the direct or indirect use of operations of Owner or those of his or her contractor. subcontractor, agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend the City and its elected Officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Owner's activities in connection with the Historic Site. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall'inure to the benefit nfthe parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historical Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions. or portions thereof, shall not be effected thereby. e. This Agreement shall not take effect u~fless and until Owner's signature is notarized by a notary, public. Furthermore, if an agent or representative of Owner signs this Agreement on behalf of Owner, the agent or representative must furnish proof, to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. f. This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement. City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. 12. Amendments. This Agreement may be amended only by a written and recorded insuument executed by the parties hereto Page 6 of 6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 382 & 384 Del Mar Avenue (APN: 568-350-10-00) CITY OF CHULA VISTA OWNER(S) OF RECORD Date: Date: ~\ -~_~- ~F_.~D '3~ Approved: Shirley Horton, Mayor zed Signature) Date: Date: k,\ - ~ -~ld_~3 ~_ Attest: Susan Bigelow, City Clerk (Notarized Signature) Date: Approved as to form: John Kaheny, City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. ,ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of .~',~,,~ ,,.L~v g~-o ss. Name(s) of Signe~(s) [] personally known to me ~, provecY to me on the basis of satisfactory evidence i~-,~--'~T~-V;D~C~HO~LZ-- ~ to be the person(s)whose name(s)is/are. ~?_,..,.~i~.~,~- Commission ~1213540 ~z subscribed to the within instrument and ~z ~ Notary Public - California >z acknowledged to me that he/she/they executed ,]' ~,~'~,e~_..] San Diego County ~' the same in his/her/their authorized .............. capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, WITNESS my hand and official seal. 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 rea~lachment 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(les) Claimed by Signer Signer's Name: ~ Individual ~-~ Corporate Officer -- Title(s): Top of thumb here ~ Partner-- [] Limited E~ General --~ Attorney in Fact Z Trustee ~ Guardian or Conservator ~ Other: Signer Is Representing: ATTACHMENT "A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF HISTORIC STRUCTURES 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired kistoric significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or exanaples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired ra~er than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. 7. Chemical or physical treatments, such as sandblasting, that cause danmge to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. ATTACHMENT "B" MILLS ACT AGREEMENT SUPPLEMENTAL (To be completed by the Owner) Please list. to the best of your kuowledge, the improvements that have beeo made over the past 10 ),ears to maintain or rehabilitate this property. YEAR IMPROVEMENT Pl~e list Se improvemen~ ~d resto~tions ~t you mtead to ~&e over the next 10 ye~s. List them in order ofyo~ p~o~ty b~ed upon m~ticipated need for'proper maintenauce. PRIO~TY IMPROVEMENT~STO~TIONS OWNER CERTIFICATION: I certify that I am presently the legal owner of the subject property. Further, 1 acknowledge the supplemental information on this form will be used as an exhibit attached to the Mills Act Agreement. Recording Requested by' and Please Return to: City Clerk City of Chula Vista ~ P.O. Box 1087 Chula Vista, CA 91912 ~ This Space for Recorder's Use Only ~ APN(s) 570-192-01-00 MILLS ACT AGREEMENT For property located at 7 Cresta Way, Chula Vista, CA 91910 THIS AGREE~T is entered into by and between THE CITY OF CHULA VISTA, a murfieipal corporation ("City") and Victor and Till Galvez ("Owners"). RECITALS WHEREAS, California Govemmeo. t Code Section 50280, et seq., referred to as the Mills Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and impwvements thereon, Assessor Parcel No. 570-192-01-00, and generally located at the street address 7 Cresta Way, Chula Vista, California, 91910, (the "Historic Site"). WHEREAS, after a public hearing, the Chuta Vista City Council declared and designated the above property as Historical Site Number(s) #55, pursa~ant to Chula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the prokdsions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: Page 2 of 6 Mills Act Contract 1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. 2. Standards for Historical Site. During the-term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a_. Owner should preserx,e and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate the property, in accordance with the rules and regulations published bY the Secretary of the Interior and as amended from time to time (Attachment A). Work should be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b~ Owner should maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the mediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or uraepaired structures, such as: fences,.roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris. iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, carts, containers, or similar items; iv. Stagnant water or excavafious, including pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c_. Owner shall allow reasonable periodic examination of the Historic Site, by prior appointment, ifa request is made by representatives of the City of Chula Vista Planning Depaxtment, County Assessor, State Depa~zment of Parks and Recreation or the State Board of Equalization. d_:. The owner shall allow visibility of the exterior of the structure from the public right-of-way. e_. Should owner apply to the City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issnance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to the City. f. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior alteration or ~=moval of the Historic Site, Owner shall Comply with all City and State of California environmental regulations, policies and requirements prior to City issuance of the requested permit. 3. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City which the City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement. 4. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et sec}., may cancel this Agreement if it determines Page 3 of 6 Mills Act Contract that Owner has breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the City's or State's standards for a qualified historic property. In addition, City may cancel this Agreement if it determines that the Owner has failed to r~store or rehabilitale the property in the manner specified in subparagraph 2(a) of this Agreement. or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days (,provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and ma3' bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to any court, state or federal for injunctive relief againqt ail), violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by O~xmer if City does not enforce or cancel this Agreement. All other remedies of law or in equity which are not otherwise provided for in this Agreement or ha City's regulations governing historic sites are available to the City to pursue in the event there is a breach of ~hi~ Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and resWiefions as set forth herein shall be deemed covenants rtmning with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other iustmment hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and aecepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restriction are set forth in such conffact, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Oamer hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical characteristics and significance of the Historic Site for the benefit of City, the public, and Owner. l. Effective Date and Term of Agreement. This Agreement shall be effective and commence on December 10, 2002 (but no earlier than approval of the agreement by the City Council), and shall remain in effect for a term often (10) years thereafter. Each year upon thc anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement (the "rene*val date"), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or City shall serve written notice of non-renewal on the other party in advance of thc annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. Upon. receipt by Owner ora notice of non-renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of thc Agreement, withdraw its notice of non-renewal. If either City or Oyster serves notice to the other of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: City of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910 To Owner(s): Victor and Jill Galvez 7 Cresta Way Chula Vista, CA 91910 Pa~e 5 0£6 Mills Ac! Contract 10. General Provisions. a. None of the t~rms, provisions, or conditions of this Agreemem shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall s~ch terms, previsions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. O~er agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use of operations of Owner or those of his or her contractor, subcontractor, agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend the City and its elected Officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Owner's activities in connection with the Historic Site. This hold bare, less provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their he]rs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historical Site, whether by operation of law or in any manner whatsoever. d. In the event that any 0fthe provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction~ or by subsequent preemptive legislation,, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. e. This Agreement shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner simons this Agreement on behalf of Owner, the agent or representative must furnish proof, to the satisfaction of CID,, that the agent or representative has authority to act on O~mer's behalf. f. This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. 12. Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto ATTACItlVIENT "A" S~'C'RE'!'aA.~. Y t'~ T-~. i~Tv~i~ ~i~ '<Ta,~i~aRDS ~'t m ~:~'S'roR.a.T!O~ aND REHABILITATION OF HISTORIC STRUCTURES minimal change to the defining characteristics of the building and its site and 2. The historic character ora property shall be retained and preserved. The removal of his;oric mmefials or aimrmions of features and spaces thru characterize a property shall be avoided. b'~,-I, prope~_,.,.sh~i be recognized ~ ~ ,,h,,~i,-:~ ,~,.,,,.q ,-*'it~ ,i,~,~ ,,I,,-~ o,,a ,,¢~ Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shah not be undertaken. 4. Most properties change over time; those chances that have acquired historic significance in mmr own ngnt snau D~ retamea mm preservea. 5. Distinctive features, finishes, and construction techi~iques or examples of craftsmanship that characterize a property shall be preserved. deterioration requires replacement of a distinctive feature, the new feat-are shall match the old in design, color, texture, and other visual qualities and where possible, materials. materials shall not be used. The surface cleaning of structures, if appropriate, shall be 8. Significant archaeological resources affected by a project shall be protected and preserved. J.~ such reso~ces n:,,_s~ h~ d;~t,rh~4 nMti;*alinn mr~aCnr~.* ch~ii ¼~. u. nder:n_2-'_en. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that chm'actefize the property, iq~e new work shall be differentiated from the old and shall be compatible witch the massing, size, scale, and architectural features to protect I0. New additions and adjacent or related new construction shall be undertaken in such a property and its enviromnenI would be unimpaired. t i v be compmteu by the O~ne ) Pte~se list, to !be besl o! your know edge, tbe improvements that have been made over the past l 0 },ears Io maintain or rehabilitate this property. PRIORITY IMPROVEMENT/RESTORATIONS - '- '-~ .p~.O'l,</ ,,'--"-~' o-- 0 '¢~T~.~ R CERTiFiCATiON: acknowledge ff~e supplemenla_l infom~ation on ihis form will be i~e.d a~q an exhibit attached to the Mills Act A~eemenL - ----. b f"t '_.Date: "' ' ' ~ ~. Mill:, Acl (Xmtract 5iONA ! URE PAGE TO M!LLS ACT AGP. EEMFS~',r FOR 7 Cresta Way (APN:570-192-01-00) L.~ i-Y O? CHULA VISTA OV. WER(S) OF RECORD Date: Dam- /~ Approved: ~ SbArley Ho~on, Mayor ~-~' o~ Date: Date: t//~ ///w ,~ Attest: · Susan Bigeiow, City Clerk / hat,e) Dw.e: A~oproved as to form: Jol'~i~ Kaheny, City Attorn=y ~ ~w~u ~ m ~'aS~' HAX/E NOTARY PD~L!C ATTACH A S~ NOTARY PAGE ~q~t SIGNATU~ AND SEAL. _~ ' State of } -,-~ CAPACI~ CLAIMED BY SIGNER Ooun~ of S~ ~e~o ' Though ~e d~s not r~uire me No~ to On ~o~. 22, 2~reme' ~be~ ~o ~d~11~ ~. invalu~to~o~re¥ingonthed~nt. DATE NAME, TITLE OF OFFICER. EG, "JANE DOE, NOTARY PUBLIC" ~ INDIVIDUAL Victor P. Galvez & Jill M. Galvez ~CORPORATEOFFICER(S) personally appeared ~ personally known to me - OR - ~ proved to me on the basis of satisfacto~ evidence ~ PARTNER(Si ~ UM~TED to be the person(s) whose name(s) ~/are ~ GENERAL D A~ORNEY4N-FACT subscribed to the within instrument and ac- knowledged to me that h~/they executed ~-~.~ the same in ~/their authorized ~GUARD~AN/OONSERVATOR ~ ~ .~.~ ..... ~ ~,~,~a=~3~., ) capacity(ies), and that by ~/their ~ ~ ~,j;,,t, u~.~xt-, , ~ - ~ OTHER homeowners 4~<~,::~" ~-~ ~, ~=~so= g signature(s) on the instrument the person(s), : 5-- [2~2~= ~.~:~ NOTAR~ PU~'-, - ocouNTg ~ or the entity upon behalf of which the Hadley Johnson House 7 Cresta Way ChulaVista, CA 91910 Homeowners: Jill andVictor Galvez 619/426-3256 Front View of Home (from Cresta Way) Back View of Home (from Peppertree Road) Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 ~ his Space for Recorder s Use Only ~ APN(s) 574-010-02-00 MILLS ACT AGREEMENT For property located at 415 Hilltop Drive, Chula Vista, CA 91910 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and David B. Camarata and Marguerite T. Camarata ("Owners"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor Parcel No. 574-010-02-00, and generally located at the street address 415 Hilltop Drive, Chula Vista, California, 91910, (the "Historic Site"). WHEREAS, after a public hearing, the Chula Vista City Council declared and designated the above property as Historical Site Nmnber(s) 59, pursuant to Chula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qUalify the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Ta,sation Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: Page 2 of 6 Mills Act Contract 1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. 2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a_.Owner should preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate the property, in accordance with the roles and regulations published by the Secretary of the Interior and as amended from time to time (Attachment A). Work should be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b. Owner should maintain ali buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris. iii.Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic examination of the Historic Site, by prior appointment, if a request is made by representatives of the City of Chula Vista Planning Department, County Assessor, State Department of Parks and Recreation or the State Board of Equalization. d. The owner shall allow visibility of the exterior of the structure from the public right-of-way. e. Should o~xmer apply to the City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such permit, so long as such heating is completed no longer than three (3) weeks after owner submits such application to the City. f. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California enviromUental regulations, policies and requirements prior to City issuance of the requested permit. 3. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City which the City deems necessary or advisable to determine compliance with flue tenus and provisions of this Agreement. 4. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines Page 3 o1'6 Mills Act Contract that Owner has breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point'that it no longer meets the City's or State's standards for a qualified historic property. In addition, City may cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 2(a) o£ this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies of law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic sites are available to the City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restriction are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Ovmer hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical characteristics and significance of the Historic Site for the benefit of City, the public, and Owner. 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on December 10, 2002 (but no earlier than approval of the agreement by the City Council), and shall remain in effect for a term often (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement (the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or City shall serve written notice of non-renewal on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to Ci.ty at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. Upon. receipt by Owner of a notice of non-renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice of non*renewal. If either City or Owner serves notice to the other of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: City of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910 To Owner(s): David and Terry Camarata 415 Hilltop Drive Chula Vista, CA 91910 Page 5 of 6 Mills Act Contract 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use of operations of Owner or those of his or her contractor, subcontractor, agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend the City and its elected Officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Owner's activities in connection with the Historic Site. This hold harmless provision applies to all damages and claims for damages suffered; or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historical Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. e. This Agreement shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Agreement on behalf of Owner, the agent or representative must furnish proof, to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. f. This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. 12. Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto Page 6 of 6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 415 Hilltop Drive (APN:574-010-02-00) CITY OF CHULA VISTA OWNER(S) OF RECORD Date: Date: Shirley Horton, Mayor (Notarized Signature) Date: Date: [//2.~/~72 Attest: Susan Bigelow, City Clerk (Notarized Signature) Date; Approved as to form: John Kaheny, City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of ,Y~J~"~ ,/i,~~ ss. personally appeared ~/J/~J',D ]~, ~.,~,,~_~"~'~ ~.~:~ ~~~' ~~ ~sonally known to me ~ proved to me on the basis of satisfactow evidence to be the person(s) whose name(s)~/are subscribed to the within instrument and acknowledged to me that ~e/they executed ..................... the same in ~/their authorized ]~ ~ ~ capac,ly(ios), and ,hat By h,s/hor/the,r - ~TH~EN ~ ~H~R signature(s) on the instrument the person(s), or ~~T~~IA~ the entity upon behalf of which the person(s) ~ ~M. ~. 13~1 ~' acted, executed the instrument. WITNESS my hand and official s~al. . OPTIONAL Though the ~nforma~ion below/s no~ required Dy law, it may prove valuable to persons relying on the d~ument and Caul~ prevent Description of Attached Document Title or Type of Document:~~ ~ ~ Document Date: //'~~- 0 Number of Pages: 7 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ~ Individual Top of thumb here ~ Corporate Officer-- ~tle(s): ,~ Padner--~: Limited ~ General ~ A~orney-in-Fact ~ Trustee ~ Guardian or Consewator ~ Other: Signer Is Representing:_ ATTACHMENT "A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF HISTORIC STRUCTURES 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect ;he historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. ATTACHMENT "B" MILLS ACT AGREEMENT SUPPLEMENTAL (To be completed by the Owner) Please list. to the best of your knowledge, the improvements that have been made over the past 10 years to maintain or rehabilitate this property. YEAR IMPROVEMENT Pleas~ list the m~prov~ment~ ~d r*~torations that you intend to m~e over ~e next 10 y~. List them in order o~your priority ba~d upon ~tici~at~d ne~d for ~roper maintenance. P~ORITY IMPROV~M~NT~STO~TIONS OWNER CERTIFICATION: I certify that I am presently the legal owner of the subject property. Further, I acknowledge the supplemental information on this form will be used as an exhibit attached to the Mills Act Agreement. Date: Signature: ~ Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. BOX 1087 Chula Vista, CA 91912 This Space for Recorder's Use Only ~ APN(s) 573-500-03-00 MILLS ACT AGREEMENT For property located at 190 "K" Street, Chula Vista, CA 91911 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and James and Bernadette Davis ("Owners"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor Parcel No. 573-500-03-00, and generally located at the street address 190 "K" Street, Chula Vista, California, 91911, (the "Historic Site"). WHEREAS, after a public hearing, the Chula Vista City Council declared and designated the above property as Historical Site Number(s) 53, pursuant to Chula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division I of the California Revenue and Taxation Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: Page 2 of 6 Mills Act Contract 1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. 2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a= Owner should preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate the property, in accordance with the rules and regulations published by the Secretary of the Interior and as amended from time to time (Attachment A). Work should be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b_. Owner should maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, fools, doors, walls .and windows; ii. Scrap lumber, junk, trash or debris. iii.Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c_. Owner shall allow reasonable periodic examination of the Historic Site, by prior appointment, if a request is made by representatives of the City of Chula Vista Planning Department, County Assessor, State Department of Parks and Recreation or the State Board of Equalization. d_. The owner shall allow visibility of the exterior of the structure from the public right-of-way. e_. Should owner apply to the City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled heating regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to the City. f. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of Califorrfia environmental regulations, policies and requirements prior to City issuance of the requested permit. 3. Information of C0mpliance. Owner hereby agrees to furnish City with any and all information requested by the City which the City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement. 4. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines Page 3 of 6 Mills Act Contract that Owner has breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the City's or State's standards for a qualified historic property. In addition, City may cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enfome or enjoin the breach of the terms of this Agreement. In the event ora default under the provisions of this Agreement by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (3.0) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies of law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic sites are available to the City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restriction are set forth in such contract, deed, or other instrument. City and Ox~aer hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical characteristics and significance of the Historic Site for the benefit of City, the public, and Owner. 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on December 10, 2002 (but no earlier than approval of the agreement by the City Council), and shall remain in effect for a term often (10) years thereaft&r. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement (the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or City shall serve written notice of non-renewal on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (I) year shall automatically be added to the term of the Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City or Owner serves notice to the other of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other ad&ess as may be later specified by either party. To City: City of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue ChulaVista, CA 91910 To Owner(s): Jmnes and Bernadette Davis 190 "K" Street Chula Vista, CA 91911 Page 5 of 6 Mills Act Contract 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use of operations of Owner or those of his or her contractor, subcontractor, agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend the City and its elected Officials, officers, agents, and employees with respect to any and all actions for damages ~ansed by, or alleged to have been caused by, reasons of Owner's activities in connection with the Historic Site. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operatibns referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historical Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. e. This Agreement shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Agreement on behalf of Owner, the agent or representative must furnish proof, to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. f. This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. 12. Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto Page 6 of 6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 190 "K" Street (APN:573-500-03-00) CITY OF CHULA VISTA OWNER(S) OF RECORD Date: Date: /////27/0 Z---~ Approved: Shirley Horton, Mayor ~/ - ' (Notarized'Signature) Date: Date: ////~ 7//9~*_ / /- Attest: Susan Bigelow, City Clerk (Notarized Signature) Date: Approved as to form: John Kaheny, City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ~/~ I,'~ Coun~ of . ~ m ~ O. // ~~ before me, ~ ¢ ~V ~.~ T, personally appeared NAME(S) OF SIGNER(S) personally known to me OR -~proved to me on the basis of satisfactoW evidence to be the person(s) whose name(s) ~/are subscribed to the within instrument and ac- _ _ _ knowledged to me that ~/~/they executed ~ ~c~-~ the same in ~r/their authorized ~ ~m~] [ capacity(les), and that by ~r/their ~ o~Pub~=-co~¢~a ~ signature(s) on the instrument the person(s), ~ =on D~o Coun~ - ~~~ or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (~ SIGNATURE OF N~TARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF A'n'ACHED DOCUMENT ~ INDIVIDUAL ~] CORPORATE OFFICER T~TLE(S) TITLE OR TYPE OF DOCUMENT [] PARTNER(S) [] LIMITED [] A'CrORNEY-IN-FACT NuMBERoF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: ///~ ,~ATE O¢ DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES} SIGNER(S) OTHER THAN NAMED ABOVE _~ ....... _; _-__;~ .............. ~_ ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 ATTACHMENT "A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF HISTORIC STRUCTURES 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. ATTACHMENT "B" MILLS ACT AGREEMENT SUPPLEMENTAL (To be completed by the Owner) Please list, to the best of your knowledge, the improvements that have been made over the past 10 years to maintain or rehabilitate this property. YEAR IMPROVEMENT Please list the ~mprovements and restorations that you intend to make over the next l0 years. List them in order of your priority based upon anticipated need for proper maintenance. PRIORITY IMPROVEMENT/RESTORATIONS OWNER CERTIFICATION: I certify that I am presently the legal owner of the subject property. Further, I acknowledge the supplemental information on this form will be used as an exhibit attached to the Mills Act Agreement. 190 "K" Street Recording Requested by and Please Return to: City Clerk City o£Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Space for Recorder's Use Only . ~ APN(s) 566-072-08-00 MILLS ACT AGREEMENT For property located at292 Sea Vale Street, Chula Vista, CA. 91910 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City,") and Edward L. Seefried and Brace B. Hart("Owaaers"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated slzuctures and improvements thereon, Assessor Parcel No. 566-072-08-00, and generally located at the street address 292 Sea Vale Street, Chula Vis~a, California, 91910, (the "Historic Site"). WHEREAS, after a public hearing, the Chula Vista City Council declared and designated the above property as Historical Site Number 51, pursuant to Chula Vista Municipal Code S ctmn 2.~2.070. A-F. WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: Page 2 of 6 Mills Act Contract 1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. 2. Standards for Historical Site. During the term of this A~reement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a_. Owner should preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate the property, in accordance with the rules and regulations published by the Secretary of the Interior and as amended from time to time (Attachment A). Work should be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b_. Owner should maintain all buildings, structures, yards and other improvements in a mariner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris. iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, · containers, or similar items; iv. Stagnant water or excavations, including pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c_. Owner shall allow reasonable periodic examination of the Historic Site, by prior appoinmaent, if a request is made by representatives of the City of Chuia Vista Planning Department, County Assessor, State Department of Parks and Recreation or the State Board of Equalization. d_. The owner shall allow visibility of the exterior of the structure from the public right-of-way. e_. Should owner apply to the City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to the City. f_. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City issuance of the requested permit. 3. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City which the City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement. 4. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines Page 3 056 Mills Act ContTact. that Owner has breached any of the conditions of tbJs Agreement or has allowed the property to deteriorate to the point that it no longer meets the City's or State's standards for a qualified historic property. In addition, City may cancel th_is Agreement i£it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 2(a) of tl~s Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to paymem of those cancellation fees set forth in California Goverament Code Seation 50280, et seq. 5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforCe or enjoin the breach of the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies of law or in equity which are not othenvise provided for in this Agreement or in City's regulations governing historic sites are available to the City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants nmning with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restiSction are set forth in such contract, deed;or-other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concem~th~la~d~ in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical characteristics and significance of the Historic Site for the benefit of City, the public, and Owner. 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on December 10, 2002 (but no earlier than approval of the agreement by the City Council), and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement (the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. If either Owner or City desires in any year not to rene~v this Agreement, Owner or City shall serve written notice of non-renewal on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (I) year shall automatically be added to the term of the Agreement as provided herein. Upon receipt by Owner ora notice of non-renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City or Owner serves notice to the other of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either fxom its original execution or from the last renewal of the Agreement, whichever may apply. 3. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: City of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910 To Owner(s): Edward Seefi-ied and Bruce Hart 292 Sea Vale Street Chula Vista,. CA 91910 Page 5 o£ 6 Mills Act Contract 10. General Provisions. a. None of the terms, provisions, or conditions nf this Agreement shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless fi-om liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use of operations of Owner or those of his or her contractor, subcontractor, agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend the City and its elected Officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Owner's activities in connection with the Historic Site. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historical Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, Or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. e. This Agreement shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative o~'Owner signs this Agreement on behalf of Owner, the agent or representative must furnish proof, to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. f. This Agreement shall be consumed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. 12. Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto ATTACHMENT "A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF HISTORIC STRUCTURES 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right 'shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. 7. Chemical or physical treatments, such as sandblasting, thgt cause damage to historic materials shall not be used. The surface cie&ting of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible 9dth the massing, size, ~cale, and architectural features to protect the historic integrity 6fthe property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Page 6 of 6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 292 Sea Vale Street (APN:573-120-17-00) ClW OF CmA V~STA OW~R(S) OF =CO= Date: Date: il Approved: , B Shirley Horton, Mayor ~ (i'4otarized~il~at~) Date: Date: /.~/,,~/~/~,2__ Attest: Susan Bigelow, City Clerk (Notarized Signature) Date: Approved as to form: John Kaheny, City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ J On //-,::~ ~ ~..~.-~ before me, '~,/~::::'~-~ personally appeared ~-V'~,~/'~) ~-. ,..~'~/)--.-~> ~proSOnally known to me red to me on fhe basis of satisfactory to be the person(s) whose name(s) is/are subscribed to the within instrument and. acknowledged to me that h.e~'~they executed the same in .his'fl'~ r/t heir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) WIT, NESS my hand and official sj~al. · OPTIONAL Description of Attached Document Document Date: //-¢:~..~ '~'C:>~-"/1"~ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [] Corporate Office~-- Title(s): [] Partner-- ~ Limited [] General [] Attorney-in-Fact [] Trustee [] Other: Signer Is Representing:· ATTACHMENT "B" MILLS ACT AGREE1V[ENT SUPPLEMENTAL (To be completed by the Owner) Please list, to the best of your knowledge, the improvements that have been made over the past 10 years to maintain or rehabilitate this property. WAR Im'ROWm NT Please list the improvements ~d restorations ~at you intend to m~e over the next 10 ye~s. List them in order ofyo~ priority based upon ~ticipated need for proper ma~ten~ce. P~O~TY IMPRO~NT~STO~TIONS O~R CERTIFICATION: I certify that I am presently the legal owner of the subject property. Further, I acknowledge the .supplemental information on th/.s form will be used as an e,xhi~ attached to the Mills Act Agreement. ~ ~ ~ 292 Sea Vale Street Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O, Box 1087 Chula Vista, CA 91912 This Space for Recorder's Use Only .~ APN(s) 573-500-31-00 MILLS ACT AGREEMENT For property located at 840 First Street, Chula Vista, CA 91911 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and Alberto C. Guerra Jr. ("Owner"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor Parcel No. 573-500-31-00, and generally located at the street address 840 First Avenue, Chtfla Vista, California, 91911, (the "Historic Site"). WHEREAS, after a public hearing, the Chula Vista City Council declared and designated the above property as Historical Site Number(s) 55, pursuant to Chula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: Page 2 of 6 Mills Act Contract 1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. 2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a_. Owner should preserve and maintain the regulated characteristics of historical significance of the Historic Site. and, where necessary and feasible, restore and rehabilitate the property, in accordance with the rules and regulations published by the Secretary of the Interior and as amended from time to time (Attachment A). Work should be done in accordance with the attached schedule nf potential home improvements, drafted by the Owner (Attachment B). b_: Owner should maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris. iii.Abandoned, discarded or tmused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c_: Owner shall allow reasonable periodic examination of the Historic Site, by prior appointment, if a request is made by representatives of the City of Chula Vista Planning Department, County Assessor, State Department of Parks and RecreatiOn or the State Board of Equalization. d._:. The owner shall allow visibility of the exterior of the structure from the public right-of-way. e_. Should owner apply to the City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to the City. f. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City issuance of the requested .permit. 3. Information of Compliance. Owner hereby agrees to fl.trnish City with any and all information requested by the City which the City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement. 4. Cancellation. City, fullowing a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines Page 3 of 6 Mills Act Contract that Owner has breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the City's or State's standards for a qualified historic property. In addition, City may cancel this Ag~ement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Agreement. In the event ora default under the provisions of this Agreement by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies of law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic sites are available to the City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest io the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restriction are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical characteristics and significance of the Historic Site for the benefit of City, the public, and Owner. 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on December 10, 2002 (but no earlier than approval of the agreement by the City Council), and shall remain in effect for a term often (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement (the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or City shall serve written notice of non~renewal on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (I) year shall automatically be added to the term of the Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City or Owner serves notice to the other of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: City of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910 To Owner(s): Alberto C. Guerra Jr. 840 First Avenue Chula Vista, CA 91911 Page 5 of 6 Mills Act Contract 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use of operations of Owner or those of his or her contractor, subcontractor, agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance o£the Historic Site. Owner hereby agrees to and shall defend the City and its elected Officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Owner's activities in connection with the Historic Site. This hold harmless provision applies to all damages and claims for damages snffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historical Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jm'isdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. e. This Agreement shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Agreement on behalf of Owner, the agent or representative must furnish proof, to the satisfaction of City, that the agent or representative has authority tO act on Owner's behalfi f. This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. 12. Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto Page 6 of 6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 840 First Avenue (APN:573-500-31-00) CITY OF CHULA VISTA OWNER(S) OF RECORD Date: Date:__~,-t.C~. Approved: ~~/~ Shirley Horton, Mayor By: ~ ~ Date: 0~otarized Signature) Date: Attest: Susan Bigelow, City Clerk By: (Notarized Signature) Date: Approved as to form: John Kaheny, City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ,~,,4.~/ .~ SS. On //-2-~ - ~Z.- ,beforeme, ..--%/-Z'//~ ,/-~, Date Name and Tille of Officer (ag, "Jane Dca, Notary Public"} ~' personally appeared ~.~'~-~:~ ~, ~.~_.~-~"J ..0'-~, Name(s) o[ Signer(s) [] personally known to me ~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 ~~~,rn2~_ai the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persona 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(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer--Title(s): Top of thurnb here [] Partner-- [] Limited [] General .[] Attorney in Fact [] Trustee [] Guardian or Conservator ~ Other: Signer Is Representing: ATTACHMENT "A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF HISTORIC STRUCTURES 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced] Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. 7. Chemical or physical n:eatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. ATTACHMENT "B" MILLS ACT AGREEMENT SUPPLEMENTAL (To b? completed by the Owner) Please list, to the best of your knowledge, the improvements that have been made over the past 10 years to maintain or rehabilitate this property. YEAR Yx< ''/' Please list the improvements and restorations that you intend to make over the next 10 years. List them ia order o£your priority based upon anticipated need £or proper maintenance. PRIORITy IMPROVEMENTIRESTORATIONS I certify that I am presently the legal owner of the subject property. Further, I aqknowled~e the $npplcmental information on this form will ~u'~ed as an exhibit Recording Requcxtcd by c/nd Plea. re Relur~l 1o: City Clerk City of Chula Vista P.O. Box 1087 Chu]a Vista, CA 91912 Thia' ,~pacefor Recorder 'a' Use Only APN(s) 573-231-05-00 MILLS ACT AGREEMENT For property located at 67I Fourth Avenue, Chula Vista, CA 91910 THIS AGREEMENT is eutered into by and between THE CITY OF CHULA VISTA, a municipal corporatiou ("City") and Charles Soderbery and Vickie Bentley ("Owners"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance. WHEREAS, Owner possesses fee title i'n and to that certain real property, together with associated structures and improvements thereon, Assessor Parcel No.573-231-05-00, and generally located at the street address 67I Fourth Avenue, Chula Vista, California, 91910, (the "Historic Site"). WHEREAS, afier a public hearing, the Chula Vista City Council declared and designated the above property as Historical Site Number(s) 8, pursuant to Chula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owaler, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site aud to qualify the Historical Site for an assessment of valuation pursuant to the provisions o£Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code (and as amended from time to time). NOW THEREFORE. in consideration oftbe mutual benefits and covenants, City and Owner agree as follows: Page 2 of 6 Mills Act Contract 1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. 2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner should preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate thc property, in accordance with the rules and regulations published by tile Secretary of the Interior and as amended from time to time (Attachment A). Work should be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b. Owner should maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. Tile following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls mad windows; ii. Scrap lumber, junk, trash or debris. iii.Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic exmnination of the Historic Site, by prior appointment, if a request is made by representatives of the City of Chula Vista Planning Departnaent, County Assessor, State Department of Parks and Recreation or the State Board of E. qualization. d. The owner shall allow visibility of the exterior of the structure from the public ri ght-of-way. e. Should owner apply to the City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to the City. f. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California envirom~aental regulations, policies and requirements prior to City issuance of the requested permit. 3. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City which the City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement. 4. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it deternfines'- Page 3 of 6 Mills Act Conln~ct that Owner bas breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the City's or State's standards for a qualified historic property. In addition, City may cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the mamaer specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to payment of those cancellation ikes set forth in California Government Code Section 50280, et seq. 5. Enforcement of Agreement. In Iieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or cRjoi, n.tbe breach of the terms of this Agreement. In the event of a default under the prov~smns of this Agreement by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thii'ty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. Ail other remedies of law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic sites are available to the City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver ofm~y otber subsequent breach thereof or default bereunder. 6. Binding Effects of Agreement. The Owner hereby sub. jects the Historic Site to the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrtm~ent hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to (he covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, rese~wations, and restriction are set forth in such contract, deed, or other instrument. City and Owner hereby declare their m~derstanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical characteristics and significance of the Historic Site for the benefit of City, the public, and Owner. I. Effective Date and Term of Agreement. This Agreement shall be effective and commence on December I0, 2002 (but no earlier than approval of thc agreement by thc City Council), and shall remain in effect for a term often (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement (the "rcncwaI date"), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. If either Owner or City desires in any year uot to renew this Agreement, Owner or City shall serve written notice of non-renewal on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to thc lerm of the Agreement as provided herein. Upon. receipt by Owner of a notice of non-renewal fi-om City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City or Owner serves notice to the other of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original exe, cution or fi'om the last renewal of the Agreement, whichever may apply. 3. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by eitl'ier party. To City: City of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910 'Fo Owner(s): Charles Soderbery and Vickie Bentley 671 Fourth Avenue Chula Vista, CA 91910 Page $ of 6 Mills Act Contracl = ]0. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a pa~nership between the panics and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shalI hold City and its elected officials, o~cers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for prope~y damage which may arise from the direct or indirect usc of operations of Owner or those of his or her contractor, subcontractor, agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend the City and its elected Officials, officers, agents, m~d employees with respect to any and all actions for damages caused by, or alleged ~o have been caused by, reasons of Owner's activities in connection with the Hisloric Site. This hold harmless provision applies to all damages ~d claims for damages suffered, or alleged to have been suft~red, by reason of the operations referred to in this Agreement regardless of wh~ther or not the City prepared, supplied, or approved tl~e plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, coven~ts, rese~ations, and res~ictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any pa~ or potion of the Historical Site, whether by operation of law or in any rammer whatsoever. d. In the event that ~y of the provisions of this Agreement ~e held to be unenforceable or invalid by any COU~ of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the rem~ning provisions, or portions thereof, shall not be effected thereby. e. This Agreement shall not take effect unless and until Owner's signature is not~ized by a notary public. Fuahermore, if ~ agent or representative of Owner signs this Agreement on behalf of Owner, the agent or representative must furnish proof, to the satisfaction of City, that the agent or representative has authority to act on Owner's behalL f. This Agreement shall be construed and governed in accord~ce wifl~ the laws of the State of California. 1 I. Recordation. No later than twenty (20) days after the p~ties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. 12. Amendments. This Agreement may be amended only by a written ~d recorded instrument executed by the pa~ies hereto Page 6 of 6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 671 Fourth Avenuc (APN: 573-231-05-00) CITY OF CHULA VISTA OWNER(S) OF RECORD Date: Date: Approved: By: Shirley Horton, Mayor Date: Date: Attest: Susan Bigelow, City Clerk . (Notarized S~ature) Date: Approved as to form: Jolm Kaheny, City Attorney OWNERS PLEASE HAVE NOTARY pUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. ******SEE NOTARIZED ATTACHMENT DATED ******************************* CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~,,~ D'~O ~ SS. / , before me, /, ~.~ On 18~personally known to me [] proved to me on the basis of satisfactory to be the person(s) whose name(s)---i~ii~> subscribed to the within instrument and D:~OP, A L BDE ~ acknowledged to me that-,~/sh~'['~x d ~-~'~!: :.'5 ~q~a~l'u~,~-cc~toml~ ~ capacity(ies), and that by ~.'~' ~, ~ S~n D~'~.~a Ceurdy' ~ signature(s) on the instrument the person(s), or "~:~' /,,¢~'c, am~m.~,S~p25,~O3~ the entity upon behalf of which the person(s) · -- ~ '- -- -- ~-- acted, executed the instrument. SS my hand and official seal. O~TIONAL Description of Attached Document Title er Type of Document: ~[/t ]/~q ~L.~-- ..~,~ Document Date: [~- oh~ - Oo~, Number of Pages: Signer(s) Other lhan Named ^bore: Capacity{les) Claimed by Signer Signer's Name: [] Individual [] Partner-- [] Limited [] General E3 Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: © 1997 National Notary Association · 9350 De So o Ave. RO. Box 2402 · Chatswotlh, CA 91313-2402 Prod NO. 5907 Reorder: Carl Toll-Free 1-800-876-6827 ATTACHMENT "A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REItABILITATION OF HISTORIC STRUCTURES 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character ora property shall be retaiued and preserved. The removal of historic materials or alterations of features aod spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preser;,ed. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement ora distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities mid, where possible, materials. 7. Chemical or physical treatments, such as sandblasting, that cause dmnage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be uudertaken in such a manner that if removed iii the future, the essential form and integlity of the historic property and its environment would be tmimpaired. ATTACHMENT "B" MILLS ACT AGREEMENT SUPPLEMENTAL (To be completed by the Owner) Please list, to the best of your knowledge, the improvements that have been made over the past 10 years to maintain or rehabilitate this property. YEAR IMPROVEMENT ~o~ Please list the improvements and restorations that you intend to make over the next t 0 years. List them in order of your priority based upon anticipated need for proper maintenance. PRIORITY IMPROVEMENT/RESTORATIONS ,~/;77~'. ' OWNER CERTIFICATION: I certify that I mn presently the legal owner of the subject property. Further, I acknowledge the supplemental information on this form will be used as an exhibit ' ' attached to the Mills Act Agreement. Date: Signature: COUNCIL AGENDA STATEMENT ITEM (~ MEETING DATE 12110102 ITEM TITLE: RESOLUTION Adopting the City of Chula Vista Cafeteria Benefits Plan for 2003 SUBMITTED BY: DIRECTOR OF HUMAN RESOURCES ~ REVIEWED BY: CITY MANAGER ~ ~'"' (4/5th Vote: Yes_ No X_~) The Internal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document, and that the employer adopt the plan document annually. This resolution will fulfill this requirement. RECOMMENDATION: That Council adopt the resolution. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: In June 1998, Council authorized updates to the City's flexible benefit plan in compliance with Internal Revenue Service (IRS) guidelines. The document presented here contains the health, dental, life and flexible spending account options for Plan Year 2003. The medical and dental packages have been reviewed by all of the City's recognized employee groups. FISCAL IMPACT: None with this action. Attachment: A ~ City of Chula Vista Cafeteria Benefits Plan 2003 H:\Home\Personnel\Man3arita~O01 cafetdaplanA113.doc City of Chula Vista CAFETERIA BENEFITS PLAN YEAR 2003 C:\My Documents~AGENDA STATEMENT~2003 Plan Document.doc Page 1 of 9 City of Chula Vista Cafeteria Benefits Plan This is a Cafeteria Plan of benefits for City of Chula Vista employees and is intended to qualify under Section 125 of the Internal Revenue Code. ELIGIBILITY FOR PARTICIPATION This Plan is for the exclusive benefit of employees of the City of Chula Vista. Eligible employees are defined as individuals who are: 1. Directly employed by the City of Chula Vista, and 2. Working in a half time, three quarter time or full time benefit status. Houdy employees are not eligible for this plan except for School Site Coordinators under the STRETCH Program. Covera,qe under Family and Medical Leave Act Employees who are on approved leave, with or without pay, under the provisions of the Family Medical Leave Act (FMLA), are entitled to full access to their flexible benefit plan duringtheir absence. If an employee fails to return to work after such leave for any reason other than the serious illness of the employee or the family member for whom the leave was granted or through no fault of the employee, they will be required to pay all flexible benefit plan monies paid to them, or on their behalf during the absence. Coverage While on Leave of Absence with Benefits Employees who are authorized to take leave with benefits (e.g., Military Leave as approved by the City Council and disability leave pursuant to memoranda of understanding provisions) will continue to be covered under the flexible benefit plan until expiration of leave. Employees who are on an approved unpaid leave of absence for their own disability or illness, beyond the 12 weeks allowed under the FMLA will continue to have their health insurance and their basic life insurance premiums paid by their Flexible Benefit Plan. Coverage While on Leave of Absence without Benefits The City of Chula Vista does not pay for an employee' s benefits if the employee is in an unpaid status for any reason than those indicated above. The employee may choose to continue their health, and certain optional benefits coverage at their own cost through the COBRA continuation plan until they return to work or for the designated length of time as determined by the City of Chula Vista. If the premiums are not paid, the coverage will be canceled the first day of the month following the employee's last paid time. Coverage will be reinstated immediately upon the employee' s return to work, or the first of the month C:\My Documents~AGENDA STATEMEN'IA2003 Plan Document.doc q ~ Page 2 of 9 after their return if premiums were not paid during the employee' s absence. PLAN YEAR The Plan Year is from January 1 to December 31 of each year. ELECTIONS Election of benefits must occur during the open enrollment period prior to the start of each Plan Year or, in the case of a newly hired employee, within 30 days from eligibility date. Enrollment Forms Elections must be made in writing on forms/worksheets provided by the Risk Management Division. An authorization form must be signed by employees to allow for necessary deductions from their paychecks to provide the benefit coverage selected. In addition to the benefit election form (if applicable), the employee must also complete and sign all appropriate applications and enrollment forms for the specific benefits selected. Default Enrollment If an employee fails to complete the election of benefits prior to the start of the Plan Year, that employee will automatically be enrolled in their previous year's Health Insurance Plan (including any dependent health offset). If not available, Risk Management will enroll the employee in a comparable plan. The remainder of the annual allotment will be placed in the Cash Payment. In the case of a new hire or newly eligible employee, failure to turn in the completed forms within 30 days from eligibility date will result in automatic enrollment in the least costly health plan made available by the City and the remaining funds will be placed in the taxable Cash Payment option. Effective Date of Coverage The elections are effective for the period of January 1 to December 31 of each year or, for employees hired after January 1 of a Plan Year, for the remainder of the Plan Year following eligibility date. Benefits are prorated for employees hired after January 1 of each Plan Year. Termination of Coveraqe Upon Separation Benefits terminate at the time an employee terminates employment except for health and dental, which terminate on the last day of the month in which the employee terminates his/her employment. An eligible employee who terminates and is rehired within 30 days will be reinstated to his or her prior benefit elections at termination unless another qualifying event has occurred that allows a change. An employee who is reinstated after 30 days may make new elections. C:\My Documents~AGENDA STATEMEN152003 Plan Document.doc ~..~ /~_ Page 3 of 9 Qualified Change in Family Status Elections are irrevocable except to accommodate changes in family status as defined in the Income Tax Regulations, 26 CFR Part 1, orto accommodate any significant curtailment or reduction of coverage under any given benefit plan, or in the case of any significant premium increase or decrease imposed by a third-party insurer. Participants who experience a change in family status may be allowed to change or revoke elections. Several examples, although not all inclusive, of the types of events that constitute a change in family status are as follows: ~ The marriage, legal separation or divorce of the employee The birth or adoption of a child The death of the employee's spouse or dependent Court-order with specific requirement to cover dependent Significant cost change or coverage change Termination or commencement of employment by employee's spouse Unpaid leave of absence by the employee or the employee's spouse Changes are also permitted in the event of significant changes in health coverage of the employee or the employee' s spouse that are related to the spouse' s employment or are subject to the Special Enrollment Period as described in the Health Insurance and Portability and Accountability Act (HIPAA). Changes to benefit elections will be permitted only to the extent that they are consistent with and appropriate to the reason the change is requested. Proof will be required for all changes in family status. The employee must submit the request to change plan benefits within 30 days of the change in family status to Risk Management. If the request is made after 30 days, the change must wait until the next open enrollment period. CONTRIBUTIONS Employer contributions are a fixed amount provided by the City to each eligible employee on a non-elective basis. Salary reduction agreements are provided for in this Plan for Health Insurance premiums in excess of the employer's contributions. In the event payroll deductions for reimbursement accounts are selected and subsequently stopped due to an eligible family status change, the reactivation of the account will not be permitted until the next plan year if elected during open enrollment. C:\My Documents~AGENDA STATEMENT~003 Plan Document.doc ~ ~'~ Page 4 of 9 FLEXIBLE ALLOTMENTS Eligible employees are allotted funds based on their bargaining groups. These amounts prorated for non-full-time unclassified or unrepresented employees. The allotments are as follows: UNIT AMOUNT Confidential $7,904 CVEA $6,9O4 Executive $10,804 Level 1 $2,593 IAFF Level 2 $4,830 Level 3 $6,552 Middle Managers $8,404 Level 1 $2,552 POA Level 2 $4,723 Level 3 $6,511 Senior Managers $9,404 WCE $8,404 Mayor $10,804 Councilmembers $7,202 BENEFIT PLANS All eligible employees participate in the Flexible Benefits Plan. Each employee must select one health insurance coverage, unless married to another City employee and are covered under the spouse' s policy. The Mayor and Councilmembers have the option to waive medical insurance coverage. All employees except those represented by IAFF, POA and WCE, the Mayor and Councilmembers must elect the premium for $3,000 in life insurance coverage currently $7.00 per year. The options in this plan are as follows: 1. Health Insurance a. Kaiser Permanente Health Plan b. PacifiCare PPO Plan c. PacifiCare (HMO) Low Option C:~My Documents~AGENDA STATEMENT~2003 Plan Document.doc ,,~ ? Page 5 of 9 ,? d. PacifiCare (HMO) High Option e. Spouse of City employee coverage 2. Dental Insurance a. Delta PMI (HMO) b. Delta PPO (PPO) c. AmexUs (HMO) 3. Life Insurance a. $3,000 * · Note: Does not apply to POA, IAFF, WCE, Mayor or Councilmembers 3. Remaining money may be used for: 1. Dependent health insurance 2. Employee and/or dependent group dental insurance 3. Cash Payment (taxable) 4. Dental/Medical/Vision reimbursement 5. Dependent/Child Care (daycare) reimbursement Each of these benefits is described in more detail in the Summary Highlights of Employee Benefits and in the respective Plan Documents or insurance contracts, which are incorporated here by reference. C:\My Documents~AGENDA STATEMENT~.003 Plan Document.doc ~ -- /~ Page 6 of 9 BASIC LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D) The City provides group term life insurance and AD&D at no cost to employees except for $3,000 of the group term insurance premium, which is deducted from the Flex Allotment. For employees represented by WCE, POA, IAFF, including Council Members and the Mayor, there will be no basic life premium deducted from the Flex Allotment. Basic Life Insurance coverage is based on employee groups as follows: City Paid Employee Groups Coverage City Council Members $50,000 Mayor $50,000 Confidential $20,000 CVEA $20,000 Executive Management $50,000 IAFF $10,000 Mid-Managers $50,000 POA $10,000 Senior Management $50,000 WCE $10,000 In addition to basic life insurance, an employee may elect to pumhase additional life insurance at group rates. Premiums are deducted from the employee's paycheck. FLEXIBLE SPENDING ACCOUNTS Flexible Spending Account (FSA) is a way to pay eligible health and dependent care expenses with tax-free dollars. An eligible employee may set aside money on a pre-tax basis from the Flex Allotment and/or from his/her paycheck to fund FSA accounts as follows: · Cafeteria Dental/MedicaINision (D/MN) Spending Account; · Cafeteria Dependent/Child Care Spending Account; · MyFund Dental/MedicalNision (D/MN) Spending Account; and/or · MyFund Dependent/Child Care Spending Accounts When the employee incurs an eligible expense, the employee may submit a claim form to Human Resources for reimbursement. An eligible employee may elect up to $2,500 for a Payroll Deduction (MyFund) Dental/MedicalJision (D/MN) Spending Account. Single or married (filing a joint return), eligible employees may also set aside up to $5,000, from all sources, per plan year for a Payroll Deduction (MyFund) Dependent/Child Care Reimbursement Account. A married employee filing returns separately may set aside up to $2,500 per plan year. C:\My Documents~AGENDA STATEMENT~.003 Plan Document.doc ~. ~ Page 7 of 9 CONSTRUCTION If the plan contains contradictory provisions or if there appears to be a conflict between its provisions, the following rules apply: a. The interpretation that favors the Plan as a tax-free plan over any interpretation that might render the Plan taxable. b. Subject to paragraph (a), the rules established by the Supreme Court of California for the construction of like instruments will apply. PLAN PARTICIPATION RIGHTS As a participant in the plan, you are entitled to examine, without charge, at the Plan Administrator, s office all plan documents including insurance contracts; obtain copies of all Plan Documents (at a reasonable cost) and other Plan information upon request to the Administrator. PLAN IS NOT AN EMPLOYMENT CONTRACT This plan document is not a contract of employment. Neither the creation of the Plan nor any amendment to it gives any legal or equitable right to any person against the employer. Participation in the Plan does not give any member any right to continued employment. PLAN ADMINISTRATOR The Plan Administrator is the Risk Manager of the Human Resources Department or his/her designees. The address of the Plan Administrator is: 276 Fourth Avenue Chula Vista, CA 91910 Telephone: (619) 691-5096 PLAN AMENDMENT OR TERMINATION The City of Chula Vista reserves the right to amend the Plan from time to time if deemed necessary or appropriate to meet the requirements of the Internal Revenue Code and any similar provision of subsequent revenue or other laws or pursuant to negotiations with the Employee groups; provided that no such modification or amendment shall make it possible for any benefit contributions or payment to be used for, or directed to purposes other than for the exclusive benefit of participating employees and their beneficiaries under the Plan. The City reserves the right to discontinue or terminate the Plan at the end of any Plan Year C:\My Documents~AGENDA STATEMENT~2003 Plan Document.doc (~... ~ Page 8 of 9 or in accordance with negotiations with the Employee Groups. Any such amendment, discontinuance or termination shall be effective on January 1 of any given year or such date that is agreed upon by the City and Employee Groups. No amendment, discontinuance or termination shall allow the return of funds to the City or the use of any funds for any purpose other than for the exclusive benefit or participating employees and their beneficiaries. C:~My Documents~AGENDA STATEMENT~003 Plan Document.doc ~.~'~.~ /{~) Page 9 of 9 RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPT1NG THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2003 WHEREAS, the Internal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document and that the employer adopt the plan document annually; and WHEREAS, in June of 1998, Council authorized updates to the City's flexible benefit plan in compliance with Internal Revenue Service guidelines; and WHEREAS, the document attached for formal adoption is the result of the meet and confer process and the 2003 Plan Document has been updated to reflect the 2003 beginning Flex Plan amounts, current health and dental plan options, and other changes to comply with current IRS regulations related to Section 125 Plans (i.e., definition of qualified change in family status and access to Plan while on FMLA). NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby adopt the City of Chula Vista Cafeteria Benefits Plan for 2003 as set forth in Attachment A. Presented by Approved as to form by Candy Emerson John M. Kaheny" Director of Human Resources City Attorney J:\Attomey\RESO\Cafeteria Plan 2003.doc COUNCIL AGENDA STATEMENT ITEM /© MEETING DATE 12/10/02 ITEM TITLE: Resolution Approving Extension of the Military Leave Policy Approved by Council October 9, 2001, For All Classified and Unclassified Employees through December 31, 2003. SUBMITTED BY: Candy Emerson, Director of Human Resources City Manager ~0S'~ (4/5th Vote: Yes __ No.__X~ REVIEWED BY: On September 14, 2001, President Bush signed an order authorizing the military to call up 50,000 military reservists, in the aftermath of the terrorist attacks. As a result, the City Council approved a temporary Military Leave Policy to insure that City employees who are called to active duty maintain their current level of pay and benefits. RECOMMENDATION: Approve an extension to the aforementioned Military Leave Policy through December 31, 2003. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: Recent City History On October 9, 2001, the City Council approved a temporary "Military Leave Policy" in response to the terrorist attacks on 9/11 and subsequent action by President Bush. On July 9, 2002, the City Council approved an extension of that temporary "Military Leave Policy," through December 31, 2002. This policy provides for a paid leave of absence from work for employees who were ordered to active military duty, with the paid leave offset by all gross military pay and allowances. Employees are not eligible to receive this paid leave for thc 30 days that they receive paid military leave pursuant to thc California Military & Veterans Code. State and Federal Law The City's current policy governing treatment of employees on military leave states that "such leave is granted in accordance with the provisions of applicable State and Federal laws." Public employers in California must comply with both state and federal law for employees who serve in the military. In California, the Military & Veterans Code §389 et seq. sets forth the employer obligations regarding the rights and benefits of employees serving in the armed forces. Employer must also comply with the federal Uniformed Services Employment and Reemployment Rights Act of 1994. 38 U.S.C. §§4301 etseq. ITEM / C) MEETING DATE 12/10/02 The California Military and Veterans Code defines military leave as "leave of absence from public employment to engage in ordered military duty for a period which by the order is not to exceed 180 calendar days, including travel time for purposes of active military training, encampment, naval cruises, special exercises or like activity as a member of the reserve corps or force of the armed forces of the United States, or the National Guard, or the Naval Militia." Military & Veterans Code §389(a). The federal government defines military leave as "the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty for training, full-time National guard duty, and a period for which the person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty." 38 U.S.C. §4303(13). Under federal law, employers do not have any obligation to continue to pay a salary to employees on military leave. Under California law, any public employee who is on temporary military leave, and who has been in the service of the public agency for at least one year, is entitle to receive his or her salary for the first 30 calendar days of such leave provided that the period of ordered duty does not exceed 180 calendar days. Neither federal nor state law requires an employer to continue payment for health insurance coverage for employees who are on military leave. However, employers are not restricted from voluntarily providing health care insurance for employees and their dependents while the employee is on military leave. Temporary Policy Approved by Council Definition: Military leave during this period is paid leave of absence from work granted to employees who have been ordered to active military duty as a result of the terrorist attacks in the United States on September 1 l, 2001. Eligibility: Employees who are members of the reserve corps of the Armed Forces of the United States or the National Guard or the Naval Militia who have been ordered to active military duty as a result of the terrorist attacks on the United States on September 11,2001 are eligible for paid military leave. Employees shall not be eligible for this paid leave for the 30 days that they receive paid military leave pursuant to existing MOUs, City Policy and the Califomia Military and Veterans Code. ITEM ~ C~ MEETING DATE 12/10/02 Duration: This leave is provided as temporary relief from financial hardship due to loss of pay and benefits for employees on active military duty as a result of the aforementioned terrorist attacks. This paid leave shall commence on the date which California Military and Veterans Code benefits are exhausted. This paid leave shall cease on the date the employee is officially released from active military duty on December 31, 2003, whichever occurs earlier. This policy may be extended with appropriate Council action. Calculation of Compensation: The amount of this paid leave shall be equal to the employee's normal bi-weekly gross pay (excluding any overtime pay) offset by the amount of gross military pay for such duty, including all military allowances paid to the employee. Employees will continue to receive full benefits for that period including vacation and sick leave. Condition of Payment: payments authorized under this policy shall be conditioned upon compliance with procedures established by the Finance and Human Resources Directors. FISCAL IMPACT: As many as 20 employees remain eligible for recall to active military duty. It is not possible to forecast how many will lie called in the six to twelve months or the resulting fiscal impact because most positions are not back-filled. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING EXTENSION OF THE MILITARY LEAVE POLICY APPROVED BY COUNCIL ON OCTOBER 9, 2001, FOR ALL CLASSIFIED AND UNCLASSIFIED EMPLOYEES THROUGH DECEMBER 31, 2003 WHEREAS, on September 14, 2001, President Bush signed an order authorizing the military to call up 50,000 military reservists, in the aftermath of the terrorist attacks; and WHEREAS, as a result, on October 9, 2001, the City Council approved a temporary Military Leave Policy to insure that City employees who are called to active duty maintain their current level of pay and benefits; and WHEREAS, staffrecommends extending the policy through December 31, 2003. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve an extension of the Military Leave Policy approved by Council on October 9, 2001, for All Classified and Unclassified Employees through December 31, 2003, as follows: Military Leave Policy Definition: Military leave during this period is paid leave of absence from work granted to employees who have been ordered to active military duty as a result of the terrorist attacks in the United States on September 11, 2001. Eligibility: Employees who are members of the reserve corps of the Armed Forces of the United States or the National Guard or the Naval Militia who have been ordered to active military duty as a result of the terrorist attacks on the United States on September 11, 2001 are eligible for paid military leave. Employees shall not be eligible for this paid leave for the 30 days that they receive paid military leave pursuant to existing MOUs, City Policy and the California Military and Veterans Code. Duration: This leave is provided as temporary relief from financial hardship due to loss of pay and benefits for employees on active military duty as a result of the aforementioned terrorist attacks. This paid leave shall commence on the date which California Military and Veterans Code benefits are exhausted. This paid leave shall cease on the date the employee is officially released from active military duty or December 3 I, 2003, whichever occurs earlier. This policy may be extended with appropriate Council action. Calculation of Compensation: The amount of this paid leave shall be equal to the employee's normal bi-weekly gross pay (excluding any overtime pay) offset by the amount of gross military pay for such duty, including all military allowances paid to the employee. Employees will continue to receive full benefits for that period including vacation and sick leave. Condition of Payment: Payments authorized under this policy shall be conditioned upon compliance with procedures established by the Finance and Human Resources Directors. 1 Presented by Approved as to form by Jof~n'lgl. l~ahehy 0 /J/-~, Candy Emerson Director of Human Resources City Attorney J:\AttomeyXRESO\Military Leave Ext..doc 2 COUNCIL AGENDA STATEMENT Item: Meeting Date: 12/10/02 ITEM TITLE: Resolution Approving Open Space Encroachment Permit to the YMCA of San Diego County, South Bay Branch Lot 1, Map 12341. SUBMITTED BY: Director of Building and Park Construction.~- REVIEWED BY: City Manager 6'~ ,~ (4/5thsVote: Yes No X ) RECOMMENDATION: That Council approve Encroachment Permit Number OS-02-0I and authorize the Director of Building and Park Construction to issue said permit. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: The YMCA of San Diego County, South Bay Branch applied for an open.space encroachment permit to construct an egress driveway, which occupies approximately 6,500 square feet of open space land at the south edge of Lot A, Map 12341 of Rancho Del Rey, for the YMCA site located at 1201 Pasco Magda. On July 23, 2002, the Planning and Building Department's Zoning Administrator approved Conditional Use Permit PCC-02-14 conditionally approving the YMCA's request to add temporary modular buildings, new parking lot spaces and an access road to the existing upper parking lot from Pasco Ranchero. One &the conditions of approval applied to the project was the requirement to submit a request for and obtain approval for an open space encroachment permit for the proposed access drive. The applicant is proposing to install a fully improved egress driveway and sidewalk to permit exiting of vehicles from the upper parking lot to Pasco Ranchero. Grading of nearby areas to accommodate said driveway will require the installation of landscaping and other erosion control measures associated with an improvement of this nature. The additional driveway will provide traffic congestion relief on Pasco Magda. Pursuant to Municipal Code Chapter 17.08, all encroachments into open space lots, unless specifically excluded by the mtmicipal code, shall be authorized by resolution of the City Council. The Office of Building and Parks Construction has reviewed the applicant's request and recommends approval with the following conditions: 1. The permittee shall prepare a landscaping and irrigation plan and submit to the City for approval by the Director of Building and Park Construction. ll'l 2. The permittee shall maintain landscape improvements for a minimum of three years or until accepted by the Director of Building and Park Construction. 3. The permittee shall prepare necessary grading and drainage improvement plans and submit to the City for approval by the City Engineer. 4. The permittee shall obtain necessary construction permits prior to commencement of work. 5. The permittee shall comply with the applicable insurance requirements set forth in Chula Vista Municipal Code Chapter 17.08 to the satisfaction of the City Attorney and the Director of Building and Park Construction. FISCAL IMPACT: All cost associated with this project will be borne by the applicant. Attachments: 1. Open Space Encroachment Permit 2. Open Space Encroachment Map RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CI-1ULA VISTA APPROVING OPEN SPACE ENCROACHMENT PERMIT TO THE YMCA OF SAN DIEGO COUNTY, SOUTH BAY BRANCH AT LOT 1, MAP 12341 WHEREAS, the YMCA of San Diego County, South Bay Branch applied for an open space encroachment permit to construct an egress driveway, which occupies approximately 6,500 square feet of open space land at the south edge of Lot A, Map 12341 of Rancho Del Rey, for the YMCA site located at 1201 Paseo Magda; and WHEREAS, Municipal Code Chapter 17.08 authorizes the encroachments into the open space, upon approval of the City Council, for certain private purposes where said encroachment does not interfere with or obstruct the purpose of the open space district or the continued maintenance of said district; and WHEREAS, The Office of Building and Parks Construction has reviewed the applicant's request and recommends approval subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve an Open Space Encroachment Permit (attached hereto) to the YMCA of San Diego County, South Bay Branch at Lot 1, Map 12341 in the form presented Presented by: Approved as to form by: Andy Campbell Jol~M. Kaheny Director of Building and Park Construction Coqty Attorney J:\Attorney\RESO\YMCA.doc //-5 ATTACHMENT '1 When recorded, please mail this to: J This Space for Recorder's use only City of Chula Vista Office of Building & Park Construction 1800 Maxwell Road Chula Vista, CA 91911 AUTHORIZATION FOR ENCROACHMENT IN CITY OPEN SPACE LAND Encroachment Permit No. OS-02.01 Application Fee: Receipt No.: Inspection Fee: Receipt No.: Pursuant to Chapter 17.08 of the Chula Vista Municipal Code, permission is hereby granted to: YMCA of San Dieqo County, South Bay Branch to do work within a portion of open space land belonging to the City of Chula Vista. All terms and conditions of this permit as to the permittee shall burden upon permittee's land and shall run with the land. All conditions apply to permittee and all assigns or successors in interest. Whereas, the permittee has requested the permission of the City of Chula Vista to encroach on the City open space land adjacent to and for the direct benefit of the following described property: Lot 1, Map 12341 (Assessors Parcel No. (s) 642-392-11-00) to do the following described work: Re.qrade approximately 6500 square feet of existin.q open space at the south western portion of Lot A Map 12341 and install a paved ell. rest; driveway and sidewalk and eadhen swale/refer to attached exhibits). Once improved and qreded, the adjacent to the ddveway and sidewalk shall be planted with native ve.qetaton to blend with the exisfinq plar~[ material. Temporary irfiqation will be provided to establish qrowth. ' Now, therefore, in consideration of their mutual promises, and other good valuable consideration, the parties hereto agree as follows: Permission is hereby granted to install the above-mentioned encroachment on the real property of the City described above in accordance with the following conditions: 1. Said installafion shall, in no way interfere with any existing utility, including storm drain lines owned and maintained by the City. Any changes of any utilities due to the installation of the permittee's private facilities shall be at the sole expense of the permittee. Encroachment shall be installed and maintained in a safe and sanitary manner as determined by the City. 2. Maintenance, removal or relocation of the abovementioned installation of the pdvate facilities shall be the sole responsibility of the permittee, or lessee at no expense to the City. 3. Said installation shall conform to the standard's of the City of Chula Vista and shall conform to the regulations as set forth herein: A. The permittee shall prepare a landscaping and irrigation plan and submit to the City for approval by the Director of Building and Park Construction, B. The permittee shall maintain landscape improvements for a minimum of three years or until accepted by the Director of Building and Park Construction. C. The permittee shall prepare necessary grading and drainage improvement plans and submit to the City for approval by the City Engineer. D. The permittee shall obtain necessary construction permits prior to commencement of work. E. The pem~ittee shall comply with the applicable insurance requirements set forth in Chula Vista Municipal Code Chapter 17.08 to the satisfaction of the City Attorney and the Director of Building and Park Construction. This permit is revocable upon thirty (30) days written notice to the permittee, and upon such notice, the installation must be removed, or relocated, as may be specified by the City at permittee's expense at the said time. If the permittee fails to remove or relocate the encroachment within the period allotted, the City may cause such work to be done and the cost thereof shall be imposed as a lien upon the permittee's property. Permittee hereby agrees to indemnify and hold harmless the City of Chula Vista, as indemnitee, its elective and appointed boards, officers, agents and employees, from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from this permit, whether due to operations of permittee, or by a subcontractor, or subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for permittee, or any subcontractor or subcontactors, or from indemnitee's negligence. Permittee agrees to, and shall defend the City of Chula Vista and its elective and appointed boards, officers, agents and employees, from any suits or actions by law, or inequity for damages caused, or alleged to have been caused, by reason of the aforesaid operations. The undersigned permittee hereby accepts the foregoing encroachment permit upon the terms above set forth and agrees to all of the conditions and covenants on its part to be performed. It is understood and agreed that, in addition to the above conditions, all applicable conditions of the City of Chula Vista Municipal Code are incorporated herein by reference as if set out in full. It is further agreed that if any part of this interferes with the future use of the right of way by the general public, it must be removed, or relocated, as designated by the City, at the expense of the permittee. APPLICANT DIRECTOR OF BUILDING & PARK CONSTRUCTION Signed By_ Dated Date (Applicant: Attach appropriate Notary Acknowledgement) Susan Bigelow, City Clerk Note: Permittee is to submit a check or money order payable to County of San Diego for recordation of this permit. /1-5 ATTACHMENT 2 1179 791 795 YMCA Site 1201 Paseo Magda Area of EncroaChment COUNCIL AGENDA STATEMENT Item: Meeting Date: 12/10/02 ITEM TITLE: Resolution approving the Three-Party Agreement between the City of Chula Vista and Brookfield Shea Otay LLC.,(Applicant) and Schmidt Design Group, Inc., (Consultant) for Landscape Architectural Services, and authorizing the Mayor to execute said Agreement. SUBMITTED BY: Director of Office of Building and Park Construction ~r REVIEWED BY: City Manag~er//-~'°~ (4/5ths Vote: Yes __ No X ) Brookfield Shea Otay proposes to develop a Neighborhood Park within the Otay Ranch Village Eleven Project in satisfaction of the parkland obligation for the Village Eleven project. STAFF RECOMMENDATION: That the City Council adopt a Resolution approving the Three- Party Agreement between the City of Chula Vista, Brookfield Shea Otay, LLC., (Applicant), and Schmidt Design Group, I_nc., (Consultant), for Landscape Architectural Services and authorizing the Mayor to execute the Three-party Agreement on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: Background In satisfaction of the City Parkland Dedication Ordinance, in partial satisfaction for entitlements received for the Otay Ranch Village Eleven project, and in satisfaction of Conditions of Approval for the Otay Ranch Village Eleven project Brookfield Shea Otay is providing a 'turn-key' public neighborhood park on 7.0 net-acres, (see Attachment 1). To realize this neighborhood park a landscape architectural design firm is needed to provide a neighborhood park master plan and construction documents. Page 2, Item No.: /~ Meeting Date: 12/10/02 Consultant Selection Process The Office of Building and Park Construction, following the City's Purchasing Ordinance process described within Municipal Code, having publicly advertised and receiving 24 submittals, interviewed eight firms and selected the Landscape Architectural firm of Schrnidt Design Group, Inc. as the best qualified to provide the master planning services and construction documents for the development of this Otay Ranch Village Eleven neighborhood park. This selection was based upon the firms qualifications, experience of professional staff, the project team's related expertise, demonstrated performance of similar work, the quality of proposal submitted, interview presentation, and response to questions. The Consultant represents that they are experienced and staffed in a manner such that they can prepare and deliver the required services to the City. The Office of Building and Park Construction has negotiated the details of this Agreement in accordance with the procedures set forth in Section 2.56.110 of the Chula Vista Municipal Code. Scope of Work Under the terms of this Agreement and in conjunction with City staff, Schmidt Design Group, Inc. (Consultant) will prepare a neighborhood park master plan and construction documents... The responsibilities and services will be provided as needed, but not limited to the following: · Attend pre-application meeting with Staff; · Prepare a park site analysis; · · Prepare a preliminary park master plan; · Prepare a dram park master plan; · Prepare estimates of probable cost of construction information; · Make a presentation at a Parks and Recreation Commission meeting; · Make a presentation at a City Council hearing; · Prepare preliminary construction documents through final construction documents; · Provide construction administration; and · Prepare progress reports. Contract Payment The total not-to-exceed amount to be paid to the Consultant is $191,000. The Project Applicant has previously paid monies to the City in partial satisfaction of the Project's Parkland Acquisition and Development Obligation. The City has these monies in a deposit account and will use the money to pay for the Consultant's services. The Project's Applicant will also reimburse any City staff time Page 3, Item No.: Meeting Date: 12/10/02 associated with the implementation of the Contract through a separate staff processing deposit account that has already been established. The City Attorney's Office has reviewed and approved the form of the Contract. Conclusions Staffbelieves, based upon a full understanding of the issues involved, that the City will realize an increased benefit in the recreational resources available to the residents of Chula Vista. Staff recommends, based upon the benefits of this Agreement, that the City Council approve the proposed Agreement. FISCAL IMPACT: There will be no resulting impact to the General Fund. The Applicant, Brookfield Shea Otay, Inc. will fully c6mpensate Schmidt Design Group, Inc., the Consultant. Attachments: 1. Vicinity Map 2. Three-Party Agreement ATTACHMENT 1 Vicinity Map EASTLAKE TP, JkILS & VILLAGE [~ VISTAS EASTLAKE GREENS VILLAGE ONE VILLAGESIX 3PACE om \ WEST VILLAGE TWO VILLAGE URBAN tesgrv°ir s~v~ Village 11 TWO Neighborhood Park VILLAGE VILLAGE THREE EIGHT FOUR Otay Ranch Bdy RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING APPROVING THE THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BROOKFIELD SHEA OTAY LLC., (APPLICANT) AND SCHMIDT DESIGN GROUP, INC., (CONSULTANT) FOR LANDSCAPE ARCHITECTURAL SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, the Applicant has deposited an initial sum for the necessary work and identifying scope of work for neighborhood park master plan and construction documents; and, WHEREAS, public notice of the required landscape architectural services was mailed out to over 200 landscape architects in San Diego County and Southern Orange County and publicly advertised; and WHEREAS, the Consulting firm of Schmidt Design Group, Inc. has significant expertise and experience in preparing park master plan documents and park construction documents within the San Diego and project area, and WHEREAS, the Office of Building and Park Construction has negotiated the details of this agreement in accordance with procedures set forth in the ChuIa Vista Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a Three-Party Agreement between the City of Chula Vista; Schrnidt Design Group, Inc. ("Consultant"); and Brookfield Shea Otay LLC., ("Applicant") for Landscape Architectural Services to be rendered for the Neighborhood Park within the Otay Ranch Village Eleven Project, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby authorize the Mayor to execute said Agreement for and on behalf of the City of Chula Vista. Presented by: Approved as to form by: Andy Campbell Johnb'M(.q4.~eny Director of Building and Park Construction City Attorney J:\Atlomey\RESO\Schmidt Agmt.doc THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL V (Jof~l M. Kaheny City Attorney Dated: Three Party Agreement Between City of Chula Vista, SCHMIDT DESIGN GROUP, 1NC., Consultant, and BROOKFIELD SHEA OTAY, LLC., Applicant For consulting Work to be rendered with regard to Neighborhood Park (P-1) within the Otay Ranch Village Eleven Project Three Party Agreement Between City of Chula Vista, SCHM1DT DESIGN GROUP, INC., Consultant, and BROOKFIELD SHEA OTAY, LLC., Applicant For Consulting Work to be rendered with regard to Neighborhood Park (P-l) within the Otay Ranch Village Eleven Project 1. 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 of the State of California, the person designated on the attached Exhibit A as "Consultant" SCHMIDT DES IGN GROU~P, INC. whose business form and address is indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as "Applicant" BROOKFIELD SHEA OTAY, LLC., a California limited liability corporation whose business form and address is 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 of land ("Property") commonly known as, or generally located as, described on Exhibit A, Paragraph 1, 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, Para~aph 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, Para~aph 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. Applicant will receive parkland improvement credit for payment of Consultant's fees except as provided for elsewhere in this agreement. 2.6. Additional facts and circumstances regarding the background for this agreement are set forth on Exhibit B; 3ptyagmt City of Chula Vista/Schmidt/BSO December 10, 2002 /c:>Q_ t7 Page 1 3. Agrcement. 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 Sen'ices, Consultant shall also perform to and for the benefit of City all of the services described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services reasonable 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, [)aragraph 7, and if none are set forth, within a reasbnable per/od 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 perform 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 of the 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 terms 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, 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. 3ptyagmt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 2 3.2.1. Additional Work. lfthe Applicant, with the concurrence of City, determines that additional services ("Additional Services") 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 Appricant 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. 3.2.1.1. 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. 3.2.2. 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 City may unilaterally reduce the Fixed Fee by the amount 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 herein below 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. Ail 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 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. 3ptyagmt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 3 3.3.1.1.3. Any unused balance of Deposit Amount, including any nnused interest earned, shall be returned to Applicant not later than 30 days after the termination of this Agreement and any claims resulting there from. 3.3.1.1.4. Applicant shall be notified within 30 days after 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 subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverage's, 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, Cfa.ss 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. Cormmercial 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 and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary 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 Ge. neral Liability policy. 3ptyagmt City of Chula Vista/Schmidt2BSO December 10, 2002 Page 4 4.2. Proof of Insurance Coverage. 4.2.1. Certificates of Insurance. Consultant and all sub-consultants 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. 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. 5.2. Property Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property, to take any borings, 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 Applicant harmless fi.om all loss, cost, damage, expenses,.claims, and liabilities ifa connection with or arising from any such entry and access. 3ptyagmt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 5 5.3. Communication to Consultanl. 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 to 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 of Interest 7. l. Consultant is Designated as an FPPC Filer. If Consultant is designated on k'xhibit A, Paragraph 9, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of Exhibit A, or if none are specified, then as determined by the City Attorney. 7.2. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant 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. 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 Practices 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 o£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. 3ptyagrnt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 6 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 that 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 exterioi' 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 t2 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 that may be in conflict with Consultant's responsibilities under this Agreement. 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 shall have the absolute right at any time to terminate this agreement or any work to be performed pursuant to this agreement. 9.2. In the event of termination of this agreement by the City in the absence of default of the Consultant, the City shall pay the Consultant for the reasonable value of the services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums 3ptyagmt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 7 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 tennination 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 r/ght 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 of Chula 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. 11. Hold Harmless and Indemnification 11.1. Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or the Consultant's employees, agents and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 11.3 the Consultant agrees to defend, indemnify, protect and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused 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 negligence acts or omissions of the Consultant, its employees, agents, or officers, or any third party. The Consultant's duty to defend, indemnify, protect, and hold harmless shall not include any claims or liabilities arising from the sole willful misconduct of the City, its agents, officers, or employees. This Section in no way alters, affects or modifies the Consultant's obligations and duties under Section 1 herein and Exhibit A. Pm'agraphs 4 entitled "Services - - General" and Paragraph 5 entitled "Detailed Services" 11.2. Indemnification for Professional Services 3ptyagmt City of Chula Vista/SchmidtJBSO December 10, 2002 Page 8 As to the Consultant's professional obligations, work or services involving this Project, the Consultant agrees to defend, indemnify and hold harmless the City, the Applicant, its agents, officers, and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or the Consultant's employees, agents, or officers. I 1.3. Applicant to Indemnify City re Compensation of Consultant. Applicant agrees to defend, indemnify and hold the City harmless 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 Indemnitees"), 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. 12. Business Licenses Applicant agrees to obtain a business license from 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. 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 Consultant 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. 14. Miscellaneous. 14.1. 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. 14.2. Notices. All notices, demands or requests provided for or permitted to b.e 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 ifpersonally served or deposited in the United States 3ptyagmt City of Chula Vista/SchmidtJBSO December 10, 2002 Page 9 t -t5 mail, addressed to such party, po.~tage prepaid, registered or certified, with return receipt requested, at the addresses identified for the parties in Exhibit A. 14.3. 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. 14.4. 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 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. 14.5. Capacity of Parties. Each signatory and party hereto hereby xvarrants 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. 14.6. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action ar/sing 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. 14.7. 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. 14.8. 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. 14.9. Severability. 3ptyagrnt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 10 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. 14.10. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 14.11. 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 of a payment by either party with knowledg6 of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 14.12. 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. 14.13. 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. (End of Page. Next Page is Signature Page.) , 3ptyagrnt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 11 Signature Page Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista By:. Stephen C. Padilla, Mayor Attest: Susan Bigelow City Clerk Approved as to Form: John M. Kaheny City Attorney Dated: 1}, "LT' f) ~_~ Consultant: SCHMIDT DESIGN ff~ROUP, INC. ~g~S chmi~lt, President Brookfield Shea Otay LLC, a California limited liability Company By: Shea Otay Village 11 LLC, a California limited liability company, Member By: Shea Homes Limited Partnership, a Califomia Limited partnership, its Sole Member By: J.F. Shea Co.,.]~c., a Nevada Corporation, its General Partner '"lbhn B. Vance, its Assistant ~/ecretary Paul L. Barnes, its Assistant Secretary By: Brookfiel Ot~ LLC, a Delaware limited liability company, Member 3ptyagmt City of Chula Vista/Schrnidt/BSO December 10, 2002 Page 12 Exhibit A Reference Date of Agreement: December 10, 2002 Effective Date of Agreement: December 10, 2002 City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: SCffMiDT DESIGN GROUP, INC. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 2655 Fourth Avenue, San Diego, CA 92103 Applicant: BROOKFIELD SHEA OTAY LLC., a California limited liability corporation, Business Form of Applicant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 12865 Pointe Del Mar, Suite 200, San Diego, CA 92014 1. Property (Commonly known address or General Description): The City of Chula Vista has approved a Tentative Subdivision Map (Map) known as Otay Ranch Village Eleven, Chula Vista Tract 01-11, which includes a 7 net-acre (8.9 gross acres) Neighborhood Park site (P-l). The park is located in Village Eleven village core, at the northeast comer of Windingwalk Street and Exploration Falls Drive. Situated within the central portion of Village Eleven the park is adjacent to multiple-family home sites, a future elementary school site, and the SDG&E and SDCWA easement. Intended to primarily serve the immediate neighborhoods' recreational needs the park will contain both passive and active recreational use areas and a comfort station. 2. Project Description ("Project"): Prepare a Park Master Plan, Design Development, and Construction Documents for Park P- l. 3. Entitlements applied for: Approved Tentative Map Tract 0I- 11 and future Final Maps for Otay Ranch Village Eleven.. 3ptyagmt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 13 4. General Nature of Consulting Services ("Services - - General"): 4.1 Park Master Plan - Provide professional Landscape Architectural Services as required to prepare, submit and obtain the Approval from the City Council for a Neighborhood Park Master Plan for Park P-1. Plan shall be prepared and ali Consultant services shall be performed to the satisfaction of the Director of Building and Park Construction. Plan shall consist of a Park Site Analysis, Preliminary Park Master Plan, and Draft Park Master Plan with accompanying support documents as outlined in Paragraph 5 - Detailed Scope of Work. 4.2 Design Development (Preliminary Construction Documents) and Construction Documents - Provide professional Landscape Architectural Services as required to prepare, submit and obtain the Approval from the Director of Building and Park Construction for Preliminary through Final construction documents for the Neighborhood Park. The documents shall be prepared and all Consultant services shall be performed to the satisfaction of the Director of Building and Park Construction. Documents shall be as outlined in Paragraph 5 - Detailed Scope of Work. 4.3 Construction Administration - Provide professional Landscape Architectural Services as required to represent City's interest during construction of the park improvements. The Landscape Architect shall meet with the construction contractor to ensure the design intent of the drawings is interpreted accurately. At this time questions of interpretation are to be resolved, construction industry quality standards are to be realized, and the interest of the City is to be preserved with all matters arising to question. 5. Detailed Scope of Work ("Detailed Services"): Consultant shall provide the following services all to the satisfaction of the Director of Building and Park Construction: 5.1 Pre-application Meeting with Staff: Within 10 business days of City Council approval of this agreement, the consultant shall schedule and attend a Pre-application Meeting with the City's Landscape Architecture Division and Applicant prior to preparation of the Site Analysis. This meeting will be used to familiarize the Consultant with design issues related to development of the park, identify appropriate scale, and identify the elements of the park budget. The primary purpose of the Pre-application meeting is for the consultant to gather information pertaining to the park site that would be useful in the development of a park site analysis, development of the preliminary Master Plan concepts, and completion of the Park Master Plan Application. 5.2 Preparation of Park Site Anal?sis: The Park Site Analysis process includes the inventory by Consultant of specific on-site and off-site characteristics of the park site. The Park Site Analysis documents site potentials and constraints, including those man-made, and those created by natural resources and forces. The Park Site Analysis will include: legal 3ptya~mnt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 14 and physical boundaries, holdings, and easements; roads and walks circulation elements; utilities; adjacent land uses (existing and planned); topography, gradients, and drainage patterns; sun and wind orientations; views (off-site and on-site) and; significant features, sounds, spatial patterns, and general impressions regarding the experience potential of the site and its parts. (Deliverable No. 1) 5.3 Preparation of Preliminary Master Plan: The Preliminary Master Plan Phase is the refinement of the Concept Plan (contained within the Otay Ranch Parks, Recreation, Open Space, and Trails Plan document) to bring the park design to a detail and graphic level acceptable for presentation to the City Staff and the Applicant. Park site facilities to be in the plan include a softball field, a turf area suitable for soccer field play, comfort station (standard City floor plan), on-site parking (25 spaces including disabled sPaces), tot lot (containing two age group areas), picnic tables (approximately seven), Picnic shelters for a minimum of four picnic tables, sport court facility (2 basket ball), and perimeter walking/jogging path. While the City has developed a standard comfort station floor plan for use in its parks, building elevations are typically unique to each park site and for Park P-1 are to be compatible with the park development and the surrounding neighborhoods. The park will have been graded in a manner consistent with rough grading approval for the subdivision. The Consultant is to consider whether the site's grading needs to be modified in order to accommodate desired recreation facilities. Vehicular access to the site will be from Exploration Falls Drive. Pedestrian access will occur via public walkways at Exploration Falls Drive and possibly from a trail at the east property boundary. Development of the Preliminary Park Master Plan shall take into consideration other applicable City development standards. These include the City of Chula Vista Landscape Manual, building and fire codes, site facility accessibility requirements for the disabled, zoning and planned cormnunity district regulations, grading and subdivision regulations, and the Park and Recreation Master Plan. There are also specific and precise plans and project specific design guidelines that may supplement or supercede the otherwise applicable guidelines, standards, and regulations. The Preliminary Master Plan Phase includes preparation and submission by Consultant ora construction budget cost estimate. The estimated construction budget for the park at the Preliminary Master Plan Phase shall not exceed 75 percent of the allowable park budget (including contingency). The Park Master Plan requirements are described below. Preliminary Master Plan Requirements (Deliverable No. 2): 3ptyagrnt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 15 The Master Plan shall include: ,, Existing and proposed improvements. · Park and recreational facilities clearly identified. · Open space areas. · Trail system (pedestrian, bicycling, hiking, equestrian). · Types of fencing, retaining and freestanding walls. · Walkways, pedestrian and vehicular circulation, interface, and protections and parking. · Irrigation mainline layout, with proposed and existing water meters. · Areas to receive irrigation. · Lighting concepts. · Indicate plant palette (botanical and common name), with types, locations, sizes. · Slope and erosion control treatment. · Distinguish between groundcovers or lawn areas and method of separation. · Grading design and drainage intent. · Signage · Property lines, easements, and any deed restrictions. · Paved, unpaved areas, and types of paving. 5.4 Preparation of the Draft Park Master Plan: Following review of the Preliminary Park Master Plan by the City, and a determination of acceptability of the Preliminary Park Master Plan, the consultant will be requested to proceed and shall proceed with the preparation of the Draft Park Master Plan (Deliverable No. 3). The Draft Park Master Plan essentially represents the fine-tuning of the Preliminary Park Master Plan and shall incorporate comments and direction given by City Staff. The Consultant shall submit the Draft Park Master Plan to City staff for review and com_ment and thereafter present it to the Park and Recreation Commission and the City Council for review and approval. If appro/,ed by the City Council, the Draft Park Master Plan becomes the approved Park Master Plan. Note: The following tasks pertain to the scope of work that will follow approval of the Park Master Plan. 5.5 Desi~zn Development (Preliminary Construction Documents). The Design Development phase of the Park Development Review Process will focus on the refinement of the Master Plan to a level of detail sufficient to move into the Construction Document Phase. Consultant shall prepare a preliminary set (50 percent complete) of the construction documents package and a construction budget cost estimate (Deliverable No. 4). The content and format of the preliminary construction documents shall be consistent with the requirements outlined in The Chula Vista Landscape Manual. 3ptyagmt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 16 The Landscape Manual identifies that all construction plan sheets are to be issued City sheet numbers and are to include the following types of sheets: C- Civil Engineering Sheets HC-Horizontal Control Sheets LC-Landscape Construction LI-Landscape Irrigation LP-Landscape Planting The following information further describes required content and format of the Preliminary Construction Documents. a. Grading and Drainage Plan The Grading and Drainage Plan represents a 50 percent complete grading plan as defined by the Chula Vista Subdivision Manual Section 4-200 Grading Plans. Grading and Drainage Plans shall be consistent with the requirements of the Chula Vista Landscape Manual and the Chula Vista Subdivision Manual Sections 4-100 and 4-200 as appropriate to the construction of a public park. b. Construction Plan The Construction Plan represents a 50 percent complete construction plan as defined by the Chula Vista Subdivision Manual Section 4-200 Grading Plans. ConstruCtion Plans shall be consistent with the requirements of the Chula Vista Landscape Manual and the Chula Vista Subdivision Manual Sections 4-100 and 4-200 as appropriate to the construction of a public park. c. Play Area Plan (Tot Lot Plan) The Play Area Plan (Tot Lot Plan) represents a scaled drawing that depicts in plan view the park's play area (Tot Lot area). The plan shall contain sufficient enough information to demonstrate design intent, conformance to applicable ADA requirements, and relationship of play area(s) to the park. Product literature describing play equipment components shall also be included. d. Construction Materials and Finish Schedule The Construction Materials and Finish Schedule represents a description of park paving, walkways, jogging paths, mow strips, play surfaces, monument signs, and park furnishings (benches, picnic tables, BBQ units, hot ash containers, trash receptacle, bike rack, drinking fountain, etc.). Product literature describing park furnishings and fixtures shall also be included. e. Landscape Construction Details 3ptyagmt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 17 Landscape construction details identify the manner and methods of park construction. The details should be drawn to scale and in a format suitable for inclusion in the construction documents. f. Lighting Plan and Details/Electrical Plans The Lighting Plan and Details identify the location (in plan view) of site lighting including walkway/path lighting, parking lot lighting, court facility lighting, and security lighting. Product literature describing light fixtures shall also be included. Site electrical service and metering from San Diego Gas & Electric shall also be included. g. Planting Plan The Planting Plan shall be to scale and shall include the identification of the type, size, and quantities of proposed plant materials. h. Irrigation Equipment and Details The Irrigation Equipment and Details consists of a listing of irrigation system components including irrigation heads (Manufacturer and Equipment Model numbers). Appropriate Irrigation details shall also be provided. i. Building Architecture The Building Architecture information shall be drawn to scale (typically at one inch equals four feet). Information presented shall include a floor plan and building elevation drawings and the identification of proposed construction mate-rials and colors. The plans shall contain sufficient information to demonstrate design intent, conformance to applicable ADA requirements, and relationship of use to the park. Product literature describing fixtares and equipment shall also be included. j. Specifications . Specifications shall include method of installation and set quality standards for materials and workmanship for the finished product. Once completed the Preliminary Construction Documents shall be provided to the City's Landscape Architecture Division for distribution to other City Staff members for the purpose of receiving comment. City staff will identify necessary plan corrections and provide Consultant with redtines plan check sets. The Consultant will then review the comments from staff and proceed to make changes, incorporating the changes into an 80 percent complete construction document package submittal. The 80 percent complete construction document package represents the next phase and is called "Task 5.6: Construction. Documents". 3ptyagmt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 18 5.6 Construction Documents: The Construction Document Phase consists of the preparation, review and approval of all plans necessary for ntilization by the contractor for the installation of Park P-1. Construction documents are to be prepared by Consultant in accordance with the requirements of applicable City codes, the Uniform Building Code, the City of Chula Vista Landscape Manual, and other pertinent park development standards and specifications. With each plan check submittal as described below, an updated estimate of probable cost shall be included. Construction Document submittals include a total of three separate submittals (80 percent, 90 percent, and 100 percent complete). Task 5.6 A: Construction Documents (CD's) (80 Percent Complete) The Consultant shall prepare a second plan check that incorporates City staff comments per Section 5.5 above. The Consultant shall submit the second plan check set (Deliverable No. 5) (80 percent complete construction documents) for review by City Staff. Task 5.6 B: Construction Documents (CD's'} (90 Percent Complete) The Consultant shall prepare a third plan check that incorporates City staff comments. The Consultant shall submit the third plan check set (90 percent complete construction documents) for review by City Staff (Deliverable No. 6). Task 5.6 C: Construction Documents (CD's) (100 Percent Complete) The Consultant shall prepare a fourth plan check that incorporates City staff comments. The Consultant shall submit the fourth plan check set (100 percent complete construction documents) for review by City Staff(Deliverable No. 7). 5.7 Final Construction Documents: Consultant shall work with City staff to complete the construction documents until staffdetermines that construction of the park can proceed per the construction documents (Deliverable No. 8). 5.8 Construction Administration Phase: During construction of the Park P- 1 improvements, the Consultant shall meet with the construction contractor to ensure the design intent of the drawings is interpreted accurately. At this time questions of interpretation are to be resolved, construction industry quality standards are to be realized, and the interest of the City is to be preserved with all matters arising to question. The Consultant shall complete as-built drawings following completion of park construction. 5.9 Additional Services: Potential Additional Services means services other than those set forth in this Agreement and may include but are not limited to: · Revisions and changes to City and Applicant approved drawings (not including as- builts). · Presentations to Public Agencies or meetings beyond those described below in 3ptyagmt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 19 Deliverable number 10. · Preparation of design alternatives after the completion of the Preliminary Master Plan. · Additional Services will be performed on an hourly basis only upon the prior written approval of the City at the rates set forth in Exhibit C. 6. Documents to be provided by Applicant to Consultant: Upon request from City, all legal maps, grading plans, soils reports, site survey plans (drawn to scale) indicating at a minimum - topographic contours at 1' intervals; spot elevations of existing structures, streets, curbs, walks; utility equipmentJfixtures, runs and easements; property boundaries; aerial photograph in orthographic projection printed to standard scale; all existing plant material with individual identification of all trees over 2" diameter trunk with labeling of location, trunk diameter at breast height, canopy spread and species and other support documentation necessary for the Consultant to perform the services described in Paragraph 4 and 5 above. 7. Schedule, Milestone, Time-Limitations within which to Perform Services (See "Processing Task Summary Table - Attachment D") 7.I Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement 7.2 Deliverables - The work for this phase will be in the form of scaled, dimensioned drawings as necessary to communicate the design intent, sizes and material selection for all scope items. The instruments will be prepared in AutoCAD ® Release 14 on base plans issued by the City and Applicant. The base plans will be in AutoCAD ® Release 14, and will be fully coordinated with other consultant's work prior to issuance to Consultant. · Instruments of Service / Electronic Media: o Hard copy, orig/nal drawings and specifications are the deliverable instruments of service. If work is prepared in electronic media format the Consultant will provide electronic copies for convenience only. Electronic media will be prepared in AutoCAD ® Release 14 format. Any defects the City and Applicant discover will be reported to the Consultant and shall be corrected by the Consultant. 7.3 Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Due no later than 3 weeks from Effective Date of Agreement. Task 5.2 Park S~te Analysis (Work Product): 1. Site Analysis (40 Scale) (6) copies. Deliverable No. 2: Due no later than 7 weeks from Effective Date of Agreement. 3ptyagmt City of Chula Vista/SchmidtdBSO December 10, 2002 Page 20 Task 5.3 Preliminary Master Plan (Work Products): 1. Site Plan (40 Scale) (6) copies 2. Site Cross Sections at appropriate scale (as needed to communicate design intent)(6) copies. 3. Plan view of buildings (1/4" Scale)(6) copies 4. A list of proposed construction materials and colors (6) copies 5. Preliminary Construction Budget Cost Estimate (6) copies Deliverable No. 3: Due no later than 13 weeks from Effective Date of Agreement. Task 5.4 Preparation of Draft Park Master Plan (Work Products): 1. Site Plan (40 Scale) (12) copies 2. Plan view of buildings (1/4" Scale)(6) copies 3. A list of proposed construction materials and colors (6) copies 4. Draft Construction Budget (6) copies 5. One Set'of colored renderings, mounted on foam-core board. 6. Full color, reduced (8 ~4" x 11") reproductions of the Site Plan, Sections, Elevations, and Entry drawings (12 each) Deliverable No. 4: Due no later than 24 weeks from Effective Date of Agreement. Task 5.5 Design Development Preliminary Construction Documents (CDs) (first plan check) Work Products: 1. Design Development Preliminary Construction Documents (15 Copies). 2. Construction Budget Cost Estimate (with 15% contingency) (One Copy). Deliverable No. 5: Due no later than 31 weeks from Effective Date of Agreement Task 5.6A Construction Documents (CD's) (80 Percent Complete) (second plan check) Work Products: 1. Construction Documents (CD's) (80 Percent Complete) (15 Copies) 2. Estimate of Probable Construction Costs (with 10% contingency) (One Copy). Deliverable No. 6: Due no later than 38 weeks from Effective Date of Agreement Task 5.6 B Construction Documents (CD's) (90 Percent Complete)(third plan check) Work Products: 1. Conslruction Documents (CD's) (90 Percent Complete) il0 Copies) 2. Estimate of Probable Construction Costs (with 10% contingency) (One Copy). Deliverable No. 7: Due no later than 45 week~ from Effective Date of Agreement. Task 5.6 C Construction Documents (CD's) (100 Percent Complete) (fourth plan check) Work Products: I. Construction Documents (CD's) (100 Percent Complete) (3 Copies) 2. Estimate of Probable Construction Costs (with 15% contingency) (One Copy). 3ptyagrnt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 21 Deliverable No. 8: Due no later than 49 wccks from Effeciive Date of Agreement. Task 5.7 Work Products: 1. Construction Document Mylars (CD's) (100 Percent Complete) (1 Copy) and three full size copies of CD set and three half-size copies of CD set. Deliverable No. 9: Due on or business day before the 1st and 15th of each month of the Project through task 5.7. Tasks 5.1 through 5.7 Services- Proiect Status Memorandum: 1. Consultant to provide a typewritten memorandum referred to as Project Status Memorandum to the City contract administrator or designee on a bi-monthly minimum basis. The Project Status Memorandum shall describe project status. The Memorandum is to include an inventory of issues and the status of issues (resolved or unresolved). Deliverable No. 10: Due on or before 30 days after date which City staff determines Park P-1 has been constructed to substantial conformance with Construction Documents. Task 5.8 Work Products: 1. Prepare as-built (record) drawings from redline drawings prepared by the contractor. The revisions will be computer drafted and incorporated in the record drawings to the satisfaction of the Director of Building and Park Construction. Project Meetings Task 5.1 Meetings: 1. Pre-application meeting with City Staff. Task 5.2 Meetings: 1. No Mandatory Meeting. Task 5.3 Meetings: 1. Consultant meets with City Staff and presents work products. Task 5.4 Meetings: 1. Consultant meets with City Staff and presents work products. 2. Presentation to Parks and Recreation Committee 3. Presentation to the City Council. Task 5.6A Meetings: 1. Consultant meets with City Staff to discuss/resolve questions/comments. 3ptyagrnt City of Chula Vista/Schmidt/BSO December 10, 2002 / o~,, ~, ~ Page 22 Task 5.6 B Meetings: 1. Consultant meets with City Staff to discuss/resolve questions/comments. Task 5.6 C Meetings: 1. Consultant meets with City Staff to discuss/resolve questions/comments. Task 5.7 Meetings: 1. Consultant meets with City Staff to discuss/resolve questions/comments. Task 5.8 Meetings: 1. Construction Administration Phase Meetings at project site and/or City offices. (45 Hours) · 7.4 Date for completion of all Consultant services (excluding Task 5.8 Meetings): 52 weeks from the effective date of this Agreement. Times for performance may be extended in the sole discretion of the Director of Building and Park Construction. 8. Contract Administrators. City: Mary Hofmockel Landscape Architecture Division 1800 Maxwell Road, Chula Vista, CA 91911 Phone No. (619) 397-6005 Fax No. (619) 397-6250 Applicant: John W. Norman Brookfield Shea Otay LLC. 12865 Pointe Del Mar, Suite 200, San Diego, CA 92014 Phone No. (858) 481-8500 Fax No. (858) 794-6186 Consultant: Glen Schmidt SCHMIDT DESIGN GROUP, INC. 2655 Fourth Street, San Diego, CA 92103 Phone No. (619) 236-1462 Fax No. (619) 236-8792 9. Statement of Economic Interests, Consultant Reporting Categories, per Confiict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) Category No. 1. Investments and sources of income. 3ptyagmt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 23 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. 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. 10. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000 (X) Conunercial General Liability Insurance: $1,000,000 ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage) (X) Errors and Omissions insurance: $500,000.00 (not included in Commercial General Liability coverage) 11. Califomia Business and Professions Code / Section 5616 / Disclosure: Landscape Architects are regulated by the State of California. Any questions concerning a Landscape Architect may be referred to the Landscape Architects Technical Committee at: Landscape Architects Technical Committee 400 R Street Suite 4000 Sacramento, California 95814 (916) 445-4954 3ptyagmt City of Chula Vista/Schmidt/BSO December i0, 2002 Page 24 Exhibit B Additional Recitals WHEREAS, the Applicant has deposited an initial sum for the necessary work and identifying scope of work for neighborhood park master plan as outlined in Exhibit "A" and, WHEREAS, public notice of the required architectural services was mailed to over 200 Landscape Architect Firms in San Diego and Southem Orange Counties and in a paper of general circulation, inviting prospective Consultants to submit proposals, letters of interest and/or applications to be on the list of qualified Landscape Architectural Consultants, and WHEREAS, the Consulting finn of SCHMIDT DESIGN GROUP, INC. has significant expertise and experience in preparing park master plan documents and construction documents within San Diego, and WHEREAS, the Building and Park Construction Department has negotiated the details of this agreement in accordance with procedures set forth in the Chula Vista Municipal Code. 3ptyagmt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 25 Exhibit C 1. Compensation Schedule and Deposit: Terms and Conditions. (X) 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 herein below according to the following terms and conditions: (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the General and Detailed Services herein required of Consultant for $191.000 including all Materials, and other "reimbursables" ("Maximum Compensation"). Rate Schedule Breakdown of Consultant Hourly Fees for Village 11 Neighborhood Park Staff Hourly Rate SCHMIDT DESIGN GROUP, INC. 2655 Fourth Ave. SanDiego, CA 92103 (619) 236-1462 FAX(619) 236-8792 Principal in Charge 150.00 Project Manager 95.00 Landscape Arckitect 85.00 Clerical 45.00 Permitted Subconsultants: Flores Lund Consultants 7220 Trade St. Suite 120 San Diego, Ca 92]2] (858) 566-0626 FAX(858) 566-0627 Principal in Charge 125.00 Project Manager 85.00 Architect 75.00 Clerical Support 45.00 RDA Architecture & Planning. 4339 Lomo Del Sur La Mesa CA. 9194] (619) 303-6339 Principal in Charge 150.00 Project Engineer 90.00 Civil Eng/neer 80.00 Clerical Support 45.00 3ptyagmt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 26 Turpin & Rattan 4719 Palm A venue La Mesa, CA 91941 (619) 466-6224 FAX(619) 466-6233 Principal in Charge 135.00 Project Engineer 125.00 Electrical Engineer 90.00 Clerical Support 45.00 Southland Geotechnical 1238 Greenfield Drive, Suite A El Cajon. CA 92021 (619) 442-8022 FAX (619) 442-7859 Principal in Charge 125.00 Project Engineer 90.00 Geotechnical Engineer 80.00 Clerical Support 45.00 2. Materials Separately Paid For by Applicant: All materials provided to Applicant, including: X ) Materials * Cost plus t5% Reports Copies X ) Travel Cost plus 15% X ) Printing Cost plus 15% X ) Postage Cost plus 15% X ) Delivery Cost plus 15% X ) Long Distance Telephone Charges Cost plus 15% X ) Other Actual Identifiable Direct Costs Cost plus 15% · Materials in excess of the one copy of each deliverable identified in Section 7.3, except Deliverable No. 3, Task 5.4, item 5 and Deliverable No. 8 Task 5. 7. item I. City will transmit to the Applicant a single copy at no charge of those items with the noted exceptions Applicant shall pay for the noted exceptions and all additional copies. Deposit For the purposes of this Agreement, "Deposit" shall be defined as the deposit Applicant has paid to the City in partial satisfaction of the Applicant's parkland improvement obligation. Deposits are to be replenished at City's Request. (X) Deposit Amount: $ 64,000. (X) Use of Deposit to Pay Consultant. .Notwithstanding the sole duty and liability of Applicant to pay Cohsultant, if this paragraph ~s "checked", upon City's receipt of billing by Consultant, and determination by City in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and waive any claim against City, City shall pay Consultant's billing from the 3ptyagmt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 27 amount of the 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 proprietyl ( ) 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. (X) Bill Processing: A. Consultant's Billing with original to City and a copy to Applicant to be submitted for the following period of time: (X) Monthly ( . ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: (X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: (To be determined) D. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: (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: (X) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: (X) Completion of All Consultant Services including as-builts to the satisfaction of, and as solely determined by the Director of Parks and Recreation. ( ) Other: 3ptyagmt City of Chula VistalSchmidt/BSO December 10, 2002 Page 28 Exhibit D Village Eleven Neighborhood Park Master Plan and Construction Documents Processing Task Summary Week Meet/ Staff Activity Description with Number Staff Review 1 X (Task 5.1 ) Pre-Application Meeting 2 (Task 5.2) Preparation of Park Site Analysis 3 (Task 5.2) Preparation of Park Site Analysis 4 (Task 5.3) Preparation of Preliminary Master Plan 5 (Task 5.3) Preparation of Preliminary Master Plan 6 (Task 5.3) Preparation of Preliminary Master Plan 7 ' X X (Task 5.3) Present Preliminary Site Plan & Master Plan 8 X StaffReview of(Task 5.3) Product 9 X StaffReview of(Task 5.3) Product I0 X StaffReview of(Task 5.3) Product 11 Comments back to Consultant Preparation of Draft Master Plan (Task 5.4) 12 (Task 5.4) Preparation of Draft Master Plan 13 X (Task 5.4) Present Task 5.4 Product. 14 X StaffReview of(Task 5.4) Product. 15 X StaffReview of(Task 5.4) Product. 16 X (Task 5.4) Presentation of Product to Park and Recreation Commission.* 17 No Activity 18 No Activity i9 X (Task 5.4) Presentation of Product to City Council.* 20 (Task 5.5) Design Development Preliminary Construction Documents (50% Complete) 21 (Task 5.5) Design Development Preliminary Construction Documents (50% Complete) 22 (Task 5.5) Design Development Preliminary Construction Documents (50% Complete) 23 (Task 5.5) Design Development Preliminary Construction Documents (50% Complete) 24 (Task 5.5) Submit Design Development Preliminary Construction Documents (50% Complete) 25 X Staff Review of (Task 5.5) Product 26 X StaffReview of(Task 5.5) Product 27 X StaffReview of(Task 5.5) Product 28 (Task 5.6) Return of Staff Comments to Consultant. Preparation of Construction Documents (80% 3ptyagmt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 29 Complete) 29 (Task 5.6 A) Preparation of Construction Documents (80% Complete) 30 (Task 5.6 A) Preparation of Construction Documents (80% Complete) 31 (Task 5.6 A) Submit Construction Documents (80% Complete) 32 X StaffReview of(Task 5.6 A) Product 33 X StaffRevie~v of(Task 5.6 A) Product 34 X StaffReview of(Task 5.6 A) Product 35 (Task 5.6 B) Return of Staff Comments to Consultant. Prepare Construction Documents (90% Complete) 36 (Task 5.6 B) Prepare Construction Documents (90% Complete) 37 (Task 5.6 B) Prepare Construction Documents (90% Complete) 38 (Task 5.6 B) Submit Construction Documents (90% Complete) 39 X StaffReview of(Task 5.6 B) Product 40 X StaffReview of(Task 5.6 B) Product 41 X StaffReview of(Task 5.6 B) Product 42 (Task 5.6 C) Return of Staff Comments to Consultant. Prepare Construction Documents (100% Complete) 43 (Task 5.6 C) Prepare Construction Documents (100% Complete) 44 (Task 5.6 C) Prepare Construction Documents (100% Complete) 45 X (Task 5.6 C) Submit Construction Documents (100% Complete) 46 X Staff Review of(Task 5.6 C) Product 47 X StaffReview of(Task 5.6 C) Product 48 (Task 5.7) Return of Staff Comments to Consultant. Construction Document Mylars Submit. 49 X X (Task 5.7) Construction Document Mylars Submitted 50 (Task 5.7) Construction Document Mylars Signed by City. 51 (Task 5.7) Construction Document Prints made. 52 X (Task 5.8) Commencement of Construction Administration Phase. Task to continue through construction. · Hearing Dates are subject to change. Actual week occurrence is dependent on agenda and meeting availability. Delays in hearing scheduling will extend processing weeks described above. 3ptyagmt City of Chula Vista/Schmidt/BSO December 10, 2002 Page 30 COUNCIL AGENDA STATEMENT Item No. I ~ Date December 10, 2002 ITEM TITLE: RESOLUTION Supporting Renewal of the South San Diego Recycling Market Development Zone SUBMITTED BY: Michael T. Meacham, Conservation Coordinator .~ REVIEWED BY: City ManagerfT~t~ 4/Sth Vote: Yes No X BACKGROUND: City Council approved the City's participation in a regional Recycling Market Development Zone (RMDZ) as part of the City's Soume Reduction and Recycling Element in 1990. In December of 1998 the City Council Approved the application to the CA Integrated Waste Management Board and the City was subsequently annexed to the South San Diego RMDZ in 1999. RECOMMENDATION: That the City Council adopt the resolution re-anthorizing the City's Participation in the South San Diego RMDZ. BOARDS AND COMMISSIONS: The Resource Conservation Commission (RCC) reviewed the RIVlDZ proposal in August 1997 and recommended that Council support the application. The RCC also reviewed the Initial Study and Negative Declaration regarding this item on November 16, 1998. RMDZ expansion was also reviewed and supported by the Economic Development Commission. DISCUSSION: The City and County of San Diego, and Chula Vista are the only members of the South San Diego RMDZ. The RMDZ technical assistance and Iow interest loan benefits are limited to qualified businesses that are located within the Zone. The City and County of San Diego Zone area covers the general Otay Mesa industrial areas. Chula Vista's Zone area covers all appropriate, Industrial, Light Industrial and Commercially zoned areas within the City. The RMDZ process does not supersede local planning authority or the state environmental review process. The expansion of any current business or the siting of any new business would be subject to the same case-by-case land use and environmental review process as any proposed project. An RMDZ loan can be used to assist an existing business with the transition from virgin feedstock to post- consumer feedstock or to reduce the amount of waste generated in their current process. The loans can also be used to attract new businesses that will use post-consumer feedstock in their manufacturing process. By providing businesses with incentives and financial assistance, the businesses in turn provide the community with increased employment, an increased tax base and additional markets for materials generated by the region's residential and commercial recycling programs. Page 2, Item ~ Meeting Date 12/10/02 There are a number of existing Chula Vista businesses that could benefit fi.om RMDZ loans and services. The RMDZ loan package also provides one additional tool for staff when they are working with businesses that are considering Chula Vista as a future site. One potential, future Chula Vista business currently has an application before the board. The RMDZ program also provides technical assistance and training opportunities for the City Recycling and Community Development staff. The state requires a resolution with specific language to extend the RMDZ designation for an additional five years. The resolution also includes a provision that requires the City administer the RMDZ program in a manner consistent with state laws regarding environmental justice. The City of San Diego and the County of San Diego are processing resolutions similar to the resolution proposed by staff. FISCAL IMPACT: There is no fiscal impact as a result of submitting the resolution to re-authorize the City's participation in the RMDZ. The state provides the Zone Administrator (City of San Diego) with up to $5,000 per year to help promote the Zone program. If the state approves the re-authorization, RMDZ program costs not covered by the $5,000 fi.om the state will be funded through the Special Operations budget approved by Council. The Special Operations budget is funded by grants and a surcharge on the recycling and trash service billings (AB 939 fees). RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING RENEWAL OF THE SOUTH SAN DIEGO RECYCLING MARKET DEVELOPMENT ZONE WHEREAS, the California Public Resoumes Code Section 42010 provides for the establishment of the Recycling Market Development Zone (RMDZ) program throughout the State to provide incentives to stimulate development of post-consumer and secondary materials markets for recyclables; and WHEREAS, the South San Diego RMDZ includes the Cities of San Diego and Chula Vista and the County of San Diego; and WHEREAS, cities and counties must meet a 50 percent reduction in landfill waste disposal as mandated in the California Integrated Waste Management Act; and WHEREAS, the South San Diego RMDZ is dedicated to establishing, sustaining and expanding recycling-based manufacturing businesses, which is essential for market development and to assist local jurisdictions to meeting the established landfill reduction goals; and WHEREAS, the South San Diego RMDZ designation will expire in March 2003 unless re-designated by the California Integrated Waste Management Board; and WHEREAS, the City of Chula Vista still desires existing and new recycling-based manufacturing businesses locating within the region to be eligible for the technical and financial incentives associated with the RMDZ program; and WHEREAS, the renewal of the South San Diego RMDZ is still necessary to facilitate local and regional planning, coordination, support of existing recycling-based manufacturing businesses, as well as attract private sector recycling business investments to the region; and WHEREAS, the current and proposed waste management practices and conditions are favorable to the development of post-consumer and secondary waste materials markets; and WHEREAS, the California Legislature has defined environmental justice as "the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies" [Government Code section 65040.12(e)], and has directed the California Environmental Protection Agency to conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state [Public Resources Code section 71110(a)]; and WHEREAS, the California Integrated Waste Management Board, in its Strategic Plan, has adopted a goal to continuously integrate environmental justice concerns into all of the Board's programs and activities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY: 1. Approve the submittal o£ a Recycling Market Development Zone renewal application to include the Cities o£ San Diego and Chula Vista and the County of San Diego. 2. Agree to administer the PdViDZ program in a manner consistent with state laws applicable to local jurisdictions regarding environmental justice. Presented by Approved as to form by J:/attorney/reso/recycling market development zone Page 1, Item lZ~- Meeting Date 12/10/02 COUNCIL AGENDA STATEMENT ITEM TITLE: A. Resolution Adopting a boundary map showing the boundaries of the territory proposed for the inclusion in proposed Community Facilities District No. 08-I (Otay Ranch Village Six). B. Resolution Declaring its intention to establish Community Facilities District No. 08-I (Otay Ranch Village Six) and to authorize the levy of a special tax to finance the acquisition or construction of certain public facilities. C. Resolution Ordering and directing the preparation of a report for proposed Community Facilities District No.08-I (Otay Ranch Village Six) D. Resolution Declaring its intention to issue bonds of Community Facilities District No. 08-I (Otay Ranch Village Six) to be secured by special taxes levied within such district to pay for the acquisition or construction of certain facilities. SUBMITTED BY: Director of Public Workshop./ REVIE~VED Manager (~/~~ (4/5ihs Vote: Yes_No~ BY: City The Otay Project, LP has requested the City initiate proceedings to form Community Facilities D/strict No.08-I (Otay Ranch Village Six) (CFD-08-I) for the purpose of financing the acquisition or construction of public facilities serving their properties within Village Six. Tonight's action will approve a boundary map of CFD-08-I; declare the intent of the City Council to form CFD-08-I and to designate the Improvements therein, describe the Improvements authorized to be financed by CFD-08-I, declare the intention of the City Council to authorize the levy of special taxes pursuant to the rate and method of appm'tionment of such special taxes to finance such Improvements, declare the intention of the City Council to authorize CFD-08-I to incur a bonded indebtedness, direct the speciaI tax consultant to prepare the Special Tax Report and set the public hearing for this Community Facilities District for January 14, 2003. RECOMMENDATION: That Council: 1) Approve the Resolution adopting the boundary map for CFD-08-I; 2) Approve the Resolution declaring the intention to establish CFD-08-I and to levy the speciaI taxes of CFD -08-I to finance certain authorized types of public facilities; 3) Approve the Resolution ordering and directing the preparation of the "Special Tax Report" lbr CFD -08-I, and 4) Approve the Resolution declaring intention to issue bonds of CFD -08-I for the purpose of financing the acquisition or construction of authorized facilities. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. Page 2, Item Meeting Date 12/10/02 DISCUSSION: The Otay Project, LP has formally petitioned the City to form Community Facilities District No. 08-I (Otay Ranch Village Six) pursuant to the Mello-Roos Community Facilities Act of 1982 for the pm'pose of financing the construction and/or acquisition of certain public improvements serving Village Six of' the Olay Ranch project, as well as selected "Traffic Enhancement" facilities within the greater eastern ter6tories of Chula Vista. This application was received and accepted by the City Council action on August 27, 2002. Community Facilities Districts provide the necessary funding for the acquisition or construction of public improvements by levying an annual "special tax", which is collected from the property owners in conjunction with the property taxes, and by issuing bonds of such community facilities district secured by snch special taxes. There is no direct cost to the City. All expenses related to the administration ora community facilities district (including levying and collecting the special taxes) are to be funded by such district from the proceeds of special taxes. The ultimate security for the bonds are the properties located within the community facilities district, not the City's General Fund or its ability to tax prope~ty within its jurisdiction. The bonds of a community facilities district are limited obligations of such community facilities district secured by and payable from the special taxes levied within such district. CFD -08-I will be formed in conformance with the "City of Chula Vista statement of goals and policies regarding the establishment of Community Facilities Districts" (CFD Policy). District Boundaries Exhibit 1 presents the boundaries of CFD -08-I as proposed that include certain parcels located within Otay Ranch Village Six (1 $9 gross acres). Village Six is comprised of property owned by McMillin Otay, LLC and Olay Project, LP. In general the entire Village Six is bounded by Olympic Parkway to the North, Birch Road to the South, La Media Road to the West and the Proposed SR 125 to the East. This will be the second Community Facilities District to be formed for Village Six. Community Facilities District 2001-2 (McMillin Otay Ranch Village Six) has already been formed on their particular property and CFD-08-1 will comprise the remainder of Village Six. The property within Village Six that is owned by Otay Project, LP and which will be included in CFD-08d is divided into two distinct sections, one in the Southwest Quadrant and another in the Northeast Quadrant of Village Six. At this time Otay Project, L? is anticipating that only 93 acres will be developed for commercial and residential development with the remaining acres to be reserved for other uses. At buildout there are proposed to be 1,353 residential units, a 2.9 acre commercial development, two Community Public Facilities Parcels, a Park and an elementary school. The Improvements The special tax consultant has prepared a preliminary "2% Maximum Tax" analysis based on estimated house sizes and prices (see Exhibit 2). It is the request of Otay Ranch, LLC that CFD-08-I be authorized to sell bonds to be secured by the special taxes levied within CFD-08-I. The size of the proposed bond authorization will depend upon the facilities requirements, appraisal status, and special taxing capacity of the Rate and Method of Apportionment (RMA). The bonds will be based upon its own characteristics including proposed unit mix, unit pricing and facilities requirements. Page 3, Item f~ Meeting Date 12/10/02 The 2% tax analysis sets the amount of the maximum special tax that may be levied by CFD-08-I. The proposed taxes are discussed below in the section "Proposed Special Taxes". Calculations show that the maximum special tax revenue (using the proposed special taxes) from ail the taxable properties within CFD-0$-I would support a total bonded indebtedness of approximately $18.5 million(assuminga6.5%interestrateanda30-yeartermonthebonds). A bond sale amount of$18.5 million will finance approximately $14.7 million in facilities (i.e. grading, landscaping, streets, utilities, drainage, sewer, etc). The balance of the proceeds of the bonds proposed to be issued would ftmd the reserve fund and capitalized interest and the payment of district formation and bond issuance costs. The developer is proposing the financing by CFD -08-I of backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping, and utilities), TDIF Facilities, the "Traffic Enhancement Program". Exhibit 3 shows a preliminary list of facilities, including the "Traffic Enhancement" facilities, with a total cost estimate of $30 million. Tonight, Council would only be approving the types of the improvements proposed to be financed by CFD-08-I. A final priority list and cost estimates for each of the eligible improvements tbr CFD -08-I will be brought later to Council in conjunction with the City Council's consideration of the approval of an Acquisition/Financing Agreement between the City and Otay Project, LP and other bond documents. Ultimately, as subdivision exactions, the developer will finance required improvements that CFD-08-I cannot finance. In addition, CFD-08-I lies within the City ofChula Vista's Transportation Development Impact Fee (TDIF) benefit area that places a cap on the ability of CFD-08-I to finance TDIF improvements. It should be noted that the portion of the proposed bonded indebtedness intended to finance TDIF improvements (the "TDIF Indebtedness") to be secured by the levy of the special taxes throughout CFD-08-I is not identical to the TDIF obligation of each particular land use within the district. For residential use, the TDIF obligation is based on the Equivalent Dwelling Unit ("EDU") designation for each residential type, while the special tax rate itself is based on building square footage. The portion of the TDIF Indebtedness proposed to be secured by the levy of special taxes on residential properties is higher than the TDIF obligation for such properties. Conversely, the portion of the TDiF Indebtedness proposed to be secured by the levy of special taxes on commercial properties is lower than the TDIF obligation for such properties. This special tax structure is intended to enhance the financial viability of developing the commercial land within CFD-08-I which will be necessary to provide convenient and essential commercial services to the residential properties within CFD-08-I. However, residential rates including all other taxes would still be below the Council Policy of 2% of market value of the house per year. Notwithstanding how the debt is apportioned by the R~A, the generated TDIF credits will be allocated within the CFD-08-I between the commercial and residential uses proportionate to the TDIF obligation for these uses and assigned to each use. The actual amount to be financed within CFD-08-I will depend upon a number of factors including final interest rate on the bonds and value to lien ratio of the taxable properties within for ~vhich the bonds are issued and may be higher or less than the potential bond costs mentioned above. Thas, staff recommends that tonight, Council declare its intention to authorize CFD -08-I to incur a proposed bonded indebtedness of not to exceed $25 million. These bond authorizations are specified in the "Resolution of Intention to Issue Bonds" that is before Council tonight. The developer concurs with staff's recommendation. Page 4, Item I ~- Meeting Date 12/10/02 Proposed Special Taxes Tonight, Council would be declaring its intention to authorize the levy of special taxes pursuant to the "Rate and Method of Apportionment" ("RMA") that establish the procedure for levying the special taxes within CFD-08-I. (Exhibit 4). There are two tax zones within CFD-08-I, Tax Zone A and Tax Zone B as illustrated on Exhibit A. The taxes for developed property for both Tax Zones will both use the same tax rate, but the backup Special Tax, Provisional Undeveloped Property Tax and Undeveloped Property Tax Rates will be different between Tax Zone A and Tax Zone B. Residential Developed Properties (single and multi family residences) are taxed based on a flat unit rate, plus a square footage calculation based upon the size of the unit. Non-Residential Properties are taxed based on an acreage basis. Developed Properties are those parcels for which a building permit has been issued. The tax rate for residential Developed Properties has been determined by a preliminary "2% Maximum Tax" analysis. Such analysis, which is based on estimated house sizes and prices, sets the amount of the maximum special tax that may be levied by CFD-08-I on residential parcels. It should be noted that a final test would be required at escrow closing using actual house sale prices. If the 2% limit is exceeded, the developer is required to buy down the lien to an amount sufficient to meet the 2% criteria. The proposed Developed Property Special Tax rates are as follows: Tax Rate Area Maximum Annual Tax Rate Residential Property $800 per unit and $.27 per square toot Non-Residential Proper~y $6,000 per acre For example -a typical 2,500 square foot detached residential unit would have an Annual Special Tax of approximately $1,475. The proposed Undeveloped Property is taxed based on the acreage of the parcel. The RMA proposes that the backup special tax rates for Undeveloped Property would be $14,981 per acre for Zone A and $ 24,418 per acre ibr Zone B. The Undeveloped Property category includes all the taxable parcels for which a building permit has not been issued. During buildout, the special tax revenues that may be collected from Developed Properties alone will not be enough to cover the annual debt service, and the Undeveloped Property special taxes will cover the difference. The City Administrator will determine whether the levy of the special tax on Undeveloped Property is needed to meet the annual debt service requirement and cost of administration of CFD -08-I. Even if no development occurs and the whole property remains undeveloped, the proposed RMA will nevertheless authorize the levy of sufficient special taxes on the Undeveloped Property within CFD-08-1 to cover the debt service on the bonds and pay for costs of administration of CFD -08-1. The RMA includes a Backup Special Tax where when each Final Subdivision Map is recorded the Backup Special Tax sha}l be determined based on the. acreage of the Residential Property and Page 5, Item 12~ Meeting Date 12/10/02 Undeveloped Property proposed to be Residential Property or Non-Residential Property and Undeveloped Property proposed to be Non-Resident/al Property and the lots in such final Subdivision Map area. The Backup Special Tax formula includes the Undeveloped Property Tax times the acreage (Final Subdivision Map), divided by the number of lots (Final Subdivision Map). Thc RMA provides that no special tax shall be levied on (i) Public Property, (ii) Property Owner Association Property, (iii) all Assessor's Parcels defined as Community Purpose Facility Property, (iv) Open Space and (v) 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 exempt classification shall reduce the sum of all Taxable Property to less than 42.43 acres in Tax Zone A and 42.43 Acres in Tax Zone B. These acreages include all the parcels projected to be conveyed to a Property Owner Association or dedicated to thc City. Any dedication or other transfer of property to a public agency that would cause the aggregate exempt acreage to exceed the maximum limit would require the prepayment of the special tax obligation for such public property such that no public lands would be taxed. The RMA provides that Assessor's Parcels (other than Public Property) which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less then the previously stated quantities will be classified as Provisional Undeveloped Property and shall be taxed as such. These categories were created to provide additional assurance to prospective bond purchasers that the collectible tax will always cover the annual debt service. In addition, the special tax rates reflected in the RMA would enable CFD -08-I to finance a variety of public facilities as described within the City's DIF program. The estimated costs for these eligible DIF facil!ties have been assembled, aggregated, and allocated to various types of land uses within the district through the RMA according to Exhibit 3 (i.e. residential, non-residential, etc.). The method of allocation by land use category (which is a common way of allocating special tax) takes into account many variables, such as the City's 2% Maximum Tax level, a minimum 4:1 value to lien ratio for bonds, market conditions, appraised value, and other agency special taxes or assessments that maybe levied upon property within this CFD-08-I. Given these variables, each land use has been assigned a special tax rate on a per square foot or acreage basis. Not withstanding the RMA, the generated Transportation Development Impact Fee TDIF credits will be allocated, within the development and between non- residential and residential use, proportionate to the TDIF obligation for these uses and assigned to each use. For CFD-08-I, the projected aggregate rate of tax and assessments (including ad valorem taxation and special taxes and assessments tbr thcilities) has an annual percentage of less than 1.95 % ibr the projected sales price of the residential properties. Otay Project projects have a range of housing prices from $212,500 (attached) to $413,500(detached). The overall value to lien ratio will be determined upon the completion of the appraisal, which is slated to be done by January 2003. Collection of Taxes Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement i.e., that amount of special tax revenue required to pay scheduled debt service for bonds issued, to replenish the reserve fund established for such bonds, to pay administrative expenses and to pay directly for authorized facilities, and shall levy the Special Tax until the amount of Special Tax equals the Special Tax Requirement. The Special Tax shall be levied for each Fiscal Year as follows: Page 6, Item 1 ~ Meeting Date 12/10/02 First, the maximum special taxes will first be levied on the Developed Property within Zone A and Zone B. S~cond, if this pool of funds is not enough to meet the annual debt service, as may be t~he case in the early years of development, the City Administrator will levy a tax on the Undeveloped Property within Zone A and Zone B. Third~ if additional monies are needed aRer the first two steps have been completed, the special tax shall be levied proportionately on each parcel from the Assigned Specia~ Tax to the Maximum Annual Special Tax by the application of the Backup Special Tax within Zone A and Zone B. If after these three steps are exhausted and there is still a need for additional monies, then the special tax shall be levied proportionately on Provisional Undeveloped Property up to the Maximum Annual Special Tax. After buildout, if determined by the City Administrator that the annual tax need is less than the collectible tax from the Developed Parcels, the special taxes to be levied in that specific year will be reduced proportionally. Since the Special Tax rates are based on the square footage of the home or acreage for non-residential property the bondholders require protection in the event that the developer builds less than projected. A 10% contingency has been used in calculating the expected developed Final Subdivision Map acreage which is incorporated into the Backup Special Tax Formula and the Undeveloped Tax Rate formula. The RMA also include provisions for the full or partial prepayment of the special taxes in the event the developer or a future property owner decides to do so. Value to Lien Ratio Policy Council policy requires a minimum 4:1 value-to-lien ratio. A ratio of less than 4:1, but equal to or greater than 3:1, may be approved, in the sole discretion of Council, when it is determined that a ratio of less than 4:1 is financially prudent under the circumstances of a particular CFD. A final appraisal and lien ratio analysis will be available for Council consideration prior to the sale of bonds for each Improvement Area. The bond sale is planned for early 2003. If the final analysis shows parcels which fail to meet the 4:1 or 3:1 ratio, one or more of the following actions would be required: The Developer could provide cash or letters of credit to maintain the lien ratio within the City criteria; or, The principal amount of the bonds to be issued for CFD-08-I will be reduced to comply with City policy; or, The Developer may provide sufficient information to convince Council that a lesser lien ratio is still prudent. Maximum Tax Policy Council Policy establishes that the maximum annual CFD special taxes applicable to any newly developed residential property shall be no more than 1% of the sale price of the house. In addition, the aggregate of all annual taxes and assessments is limited to 2% of the sale price of the house. A preliminary calculation of the maximum tax, using estimated house prices, has been completed and all homes fall within the 2% limit (~ee Exhibit 2). A final test will be performed at escrow closing using the actual sale price of the house. Council Policy requires that at or prior to each closing of escrow, the escrow company shall apply a "calculation formula" previously approved by the City Engineer to determine the aggregate of regular County taxes, special taxes and assessment installments. If the 2% Page 7, Item. I/4- Meeting Date 12/10/02 limit were exceeded, thc developer would be required to provide cash to buy down the lien to an amount sufficient to meet thc 2% tax ceiling. Compliance with this procedure would ensure that thc aggregate special tax to bc paid by the initial purchaser of the house meets thc City s criteria, since thc 2 % imlt is a City policy and the limit itself is not included in thc rate and method of thc district. Resolutions There are four resolutions on today's agenda that, if adopted, will accomplish the following: The RESOLUTION ADOPTING THE BOUNDARY MAP is the formal action adopting the map and setting forth the boundaries of the proposed CFD-08-I. The RESOLUTION OF INTENTION is the jurisdictional resolution declaring the intention of the City Council to establish CFD-08-I, authorize the levy of special taxes, set the time, and place for the public hearing for January 14, 2003. The RESOLUTION ORDERING THE "RE .... . PORT is the formal action of the City Council directing the preparation ora detailed report containing a description of the facilities and their estimated costs. The RESOLUTION DECLARING INTENTION TO ISSUE BONDS is the formal declaration of the City Council determining that the public convenience and necessity requires that a bonded indebtedness of CFD-08-I be incurred to finance certain public facilities proposed by CFD-08-I. The proposed maximum bond indebtedness is $25 million. The actual amount of the bond sale will depend upon a number of factors including interest rate on the bonds and compliance with the value-to-lien ratio criteria. Future Actions Adoptions of tonight's resolutions will set the district's public hearing for January 14, 2003. There will be an election following the public hearing for the landowners to vote on the authorization to levy speciaI taxes, the authorization to incur a bonded indebtedness of CFD-08-I and to establish an appropriations limit. Once the votes are cast, Council will be requested to certify the election and, iftbe ballot measures are approved by 2/3 of the qualified electors voting on the measures, CFD-08-I will be authorized to levy such special taxes and incur such bonded indebtedness. Fiscal Impacts None, the developer will pay ail 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 tull cost recovery for staff time involved in district formation and administration activities. Staff anticipates that most of the CFD-08-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 sale. Said requirement will be memor/alized in the Acquisition/Financing Agreement that will be brought to Council for approval at a later date. Based on the proposed bond sizing of $18.5 million, said monetary compensation would be approximately lq-'7 Page 8, Item I~ Meeting Date 12/10/02 $185,000. Said amount shall be paid prior to each bond sale based on the principal amount of each such sale and will be deposited into the General Fund. The CFD Policy also stipulates that said compensation is not eligible for financing by CFD-08-I. Attachments: Exhibit 1: Proposed Boundary Map - CFD-08-I Exhibit 2: 2% Maximum Tax analysis Exhibit 3: Proposed - List of facilities Exhibit 4: Rate and Method of Apportionment J:\engineer~AGENDA\CAS lbr12*10-02 prep on 11-21 02 revised.doc EXHIBIT 2 CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 08-1 (Otay Ranch Village Six) 2% Maximum Tax Analysis Planning Land Use /4 Units or Ave. House Projected Total Annual Tax Area Acres Square Feet Home Price Annual Tax Rate % R-2A SFD 92 3010 $413,500 $7,953 1.92 R-2B SFD 106 2394 $384,000 $7,083 1.84 R-5A/B SFD 106 1986 $352,500 $6,379 1.81 R-9A SFD 139 1582 $283,000 $5,275 1.86 R-9B2 SFD 73 1400 $257,500 $4,839 1.88 R-9D/7A SFA 141 1357 $247,500 $4,694 1.90 R-7B SFA 201 1285 $237,500 $4,523 1.90 R-9BI SFA 159 1150 $212,500 $4,135 1.95 R-8 Apt 336 1013 N/A N/A N/A C- 1 Comm 2.95 N/A N/A N/A N/A J:\F~ngineer\AGENDA\Attachments\CAS EXHIBIT 2 - 2% analysis, 12-10-02.doc I¥-/0 EXHIBIT 3 CITY OF CHULA VISTA COMMU1NITY FACILITIES DISTRICT NO. 08-I (OTAY RANCH VILLAGE SIX) LIST OF PROPOSED FACILITIES The developer is proposing the financing of backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping, utilities), and certain "Traffic Enhancement" facilities. Following is a general description of the proposed facilities: La Media Road · West Olympic Parkway (Portion) · Otay Lakes Road · Birch Road · East Palomar Street · ViewPark Street · Magdalena Avenue · Santa Venetia Street In addition to the above improvements, this CFD's bonding capacity maybe used for certain "Traffic Enhancement "fhcilities within the greater eastern territories of Chula Vista. These transportation facilities will be traffic capacity adding improvements and could include the following projects: · Telegraph Canyon Road East of 1-805 · 1-805/Telegraph Canyon Road an additional on-ramp lane to 1-805 · Heritage Road(Olympic Parkway to Main Street) In addition to the above improvements, this CFD's bonding capacity maybe used to finance other Development impact Fees. J:\Engineer\AGENDA\Attachments\CAS EXHIBIT 3 - List of Facilities, 12-10-02.doc EXHII IT.. , RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 08-I (Otay Ranch Village Six) 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. 08-I (Otay Ranch Village Six) 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", "Undeveloped Property", and "Provisional Undeveloped Property" as described below. All of the Taxable Property in CFD-08-I, 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 tero]s hereinafter set forth have the following meaning: "'A' Map" shall mean a master final subdivision or pamel map, filed in accordance with the Subd. ivision Map Act and the Chula Vista Municipal Code, which subdivides the land or a porhon thereof shown on a tentative map into "super block" lots corresponding to units or phasing ora combination of units as shown on such tentative map and which may further show open space lot dedications, backbone street dedications and utility easements ' required to serve such "super block" lots. "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 lbr a land area are not available, the Acreage of such land area shall be deterufined 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 Fees and Expenses" means the actual or reasonably estimated costs directly related to the administration of CFD-08-I 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-08-I, or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD-08-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-08-I, or any designee thereof related to any appeal of the levy or application of the Special Tax; and the City of Clmla Vista I 1-25-02 Community Facil/ties District No. 08-1 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-08-I, lbr any other administrative purposes of CFD-08-I, including, but not limited to attorney's fees and other costs related to commencing and pursuing to completion any foreclosure on an Assessor's Parcel with 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 designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Class of Developed Property as determined in accordance with Section C. 1.a. "Available Funds" means (a) 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, (b) delinquent Special Tax payments not required to fund the Special Tax Requirement for any preceding Fiscal Year,(c) that portion of Special Tax prepayments allocated to the payment of interest on Bonds, and (d) 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.l.b. "Boods" means any bonds or other debt (as defined in the Act), whether in one or more series, issued or incmTed by CFD-08-I 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-08-1" means City of Chula Vista Community Facilities District No. 08-][. "City" means the City of Chula Vista. "Community Purpose Facility Property" means all Assessor's Parcels which are (a) classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2002-2883 as amended on November 5, 2002 or (b) designated with specific boundaries and acreage on an 'A' Map or Final Subdivision Map as a community purpose facility. "Council" means the City Council of the City, acting as the legislative body of CFD-08-1. City of ChuM Vista 11-25-02 Community Facilities District No. 08-1 "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 in which the Special Tax is being levied. "Exempt Property" means property not subject to the Special Tax due to its classification as either Public Property, Property Owner Association Property, Community Purpose Facility Property, public or utility easements in accordance with section E.1. "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. "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 Table 1 of Section C.l.a. "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. "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. "Non-Residential Property" means all Assessor's Parcels of Developed Property, for which a building permit(s) was issued for a non-residential use, excluding Community Purpose Facility Property. "Open Space" means property within the boundaries of CFD 08-I which (a) has been designated with specific boundaries and acreage on an 'A' Map or Final Subdivision Map as open space, (b) is classified by the County Assessor as open space (c) has been irrevocably offered for dedication as open space, prior to June 1st of the preceding Fiscal Year, to the federal government, the State of California, the County, the City, any other public agency or (d) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space. "Outstanding Bonds" means all Bonds, which remain outstanding as defined in the Indenture. City of Chula Viata 1 ! 25-02 Communi(¥ Facilities District No, 08-1 OtayRanch!/iHageSix Iq'lC ?age3 "Property Owner Association Property;' means any property within the boundaries of CFD-08-I which is (a) owned by a property o~vner association or (b) is designated with specific boundaries and acreage on an 'A' Map or Final Subdivision Map as property owner association property. As used in this definition, a Property Owner Association Property includes any master or sub-association. "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Special Tax or Backup Special Tax is equal for all Assessors' Parcels of Developed Property within CFD-08-I. For Undeveloped Property or Provisional 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 and equal for all Assessor's Parcels of Provisional Undeveloped Property within CFD-08-I. "Provisional Undeveloped Property" means all Assessor's Parcels of Public Property, Property Owner Association Property, Community Purpose Facility Property, Open Space or other property that would otherwise be classified as Exempt Property pursuant to the provisions of Section E, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum acreage as set lbrth in Section E.1 for Zone A or Zone B as applicable. "Public Property" means any property within the boundaries of CFD-08-1 that which (a) is owned by a public agency, (b) has been irrevocably offered for dedication, prior to .lane 1st of the preceding Fiscal Year, to a public agency or (c) is designated with specific boundaries and acreage on an 'A' Map or Final Subdivision Map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State of California, the County, the City or any other public agency. "Residential Property" means all Assessor's 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 thc City's Building Department. Residential Floor Area for a residential structure will be based on the initial 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 amount of Special Tax revenue required in any Fiscal Year for CFD-08-I to: (i) pay annual debt service on all Outstanding Bonds 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; (iii) pay Ci(v of Chula ~ista l 1-25-02 Community b2tcilities District No. 08-1 OtayRanc~hl/illageSix /¢~ J5 Page4 Administrative Fees and 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-08-I provided that the inclusion of such mount does not cause an increase in the levy of Special Tax on the Undeveloped Property; (vi) less a credit tbr Available Funds. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD-08-I 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. "Zone A" means a specific geographic area as depicted in Exhibits A and B attached hereto. "Zone B" means a specific geographic area as depicted in Exhibits A and B attached hereto. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Assessor's Parcels of Taxable Property within CFD-08-I shall be (a) categorized as being located in either Zone A or Zone B, (b) classified as Developed Property, Undeveloped Property or Provisional Undeveloped Property and (c) subject to the levy of annual Special Taxes determined pursuant to Sections C and D. Furthermore, all Developed Property shall then be classified as Residential Property or Non-Residential Property. C. MAXIMUM ANNUAL SPECIAL TAX RATE 1. Developed Property The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property or Non-Residential Property shall be the greater of(l) the Assigned Special Tax described in Table 1 which follows or (2) the Backup Special Tax computed pursuant to b. which follows. a. Assigned SpecialTax The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in Table 1. City of Chuta Vista Community £acilit~e3 District No. 08-I I 1-25-02 Otay Ranch l/iIlage S'x / q - / ¢ Page5 TABLE 1 Assigned Special Tax for Developed Property within Zone A and Zone B: Land Use Class Description Assigned Special Tax I $800 per unit plus $.27 per square foot of Residential Property Residential Floor Area 2 Non-Residential $6,000 per Acre Property b. Backup SpeciaITax When a Final Subdivision Map is recorded within Zone A or Zone B the Backup Special Tax for Residential Property, Non-Residential Property and Undeveloped Property shall be determined as follows: For each Assessor's Parcel of Residential Property or 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 A $ 14,981x A L Zone B $ 24,418 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 classi fled as Residential Property. For each Assessor's Parcel of Non-Residential Property or Undeveloped Property to be classified as Non-Residential Property upon the development thereof within the Final Subdivision Map area, the Backup Special Tax shall be determined by multiplying $14,981 for Zone A and $24,418 for Zone B by the total Acreage of all City of Chula Vista ! 1-25-02 Cornmunity Facilities District No. 08-I / q Otay Ranch I/illage Stay '*' Pttg¢ 6 Non-Residential Property and Undeveloped Property to be classified as Non- Residential Property upon the development thereof within the Final Subdivision Map area. Notwithstanding the foregoing if an Assessor's Parcel of Residential Property, Non- Residential 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 Parcel 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 and Provisional Undeveloped Property The Maximum Annual Special Tax for each Assessor's Parcel of Undeveloped Property or Provisional Undeveloped Property shall be $14,981 per Acre for Zone A and $24,418 per Acre for Zone B. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall detemfine 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 all Developed Properly within Zone A and Zone B 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 all Undeveloped Property within Zone A and Zone B, at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. In determining the Acreage of an Assessor's Parcel of Undeveloped Property for purposes of determining the annual Special Tax to be levied on such Assessor's Parcel, the CFD Administrator shall not include any Acreage shown on any applicable tentative subdivision map or other land use entitlement approved by the City that designates such Acreage for a use that would be classified as Open Space, Property Owner Association Property, Community Purpose Facility or Public 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 Developed Property.. City of Chula ~/ista I 1-25-02 Com~ u ~l't3' Facilt'tie,~ D~'strict No. 08-1 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 all Provisional Undeveloped Property 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 Taxable Property. E. EXEMPTIONS 1. The CFD Administrator shall classify the following as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Conmmnity Purpose Facility Property, (iv) Open Space and (v) 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 40.98 Acres in Zone A and 42.43 Acres in Zone B. Property which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 40.98 Acres in Zone A and 42.43 Acres in Zone B will be classified as Provisional Undeveloped Property and shall be taxed pursuant to the fourth step of Section D. 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. 2. 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 is classified as Provisional Undeveloped Property pursuant to paragraph l of Section E shall be prepaid in full by the seller pursuant to Section H. 1, prior to the transfer/dedication of such property to such public agency. Until the Maximum Annual Special Tax obligation for any such Public Property is prepaid, the property shall continue to be subject to the. levy of the Special 'Fax as Provisional Undeveloped Property. 3. If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in paragraph 1 that would make such Assessor's Parcel eligible to be classified as Exempt Property, such Assessor's Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable 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 City of Chula ~ista 11-25-02 CommunitY, I:*acilitie~s Di,~trict No. 08-1 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 Pamel. 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-08-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 persous. 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-08-I, may directly bill the Special Tax, may collect Special Taxes at a different time or in a different rammer 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 those public facilities authorized to be financed by CFD- 08-1. "CFD Public Facilities Costs" means either $19 million, or such lower number as shall be determined either by (a) the CFD Administrator as sufficient to finance the CFD Public Facilities, or (b) the Council concurrently with a covenant that it will not issue any more Bonds to be secured by Special Taxes levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct the CFD Public Facilities. "Future Facilities Costs" means the CFD Public Facilities Costs minus that (a) portion of the CFD Public Facilities Costs previously funded (i) from the proceeds of all previously issued Bonds, (ii) from interest earnings on the Construction Fund actually earned prior to City of Chula l/iata Community Facih'tie.~ Diatrict No. 08-1 11-25-02 Otay Ranch Fillage Sl~,, / ~ ~ ~ 0 Pctg¢ 9 the date of prepayment and (iii) directly from Special Tax revenues and (b) the amount of the proceeds of all previously issued Bonds then on deposit in the Construction Fund. "Outstandiug Bonds" means all previously issued Bonds which will remain outstanding afier 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 for an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit has been issued, or Provisional Undeveloped Property. The Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of such 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 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 Parcel. The CFD Administrator may charge a reasonable fee for providing this figure, which can be collected prior to preparing such calculation. The prepayment amount shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Prepayment Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Step No.: 1. For Developed Property, compute the Maximum Annual Special Tax for the Assessor's Parcel to be prepaid. For 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 Provisional Undeveloped Property to be prepaid, compute the Maximum Annual Special Tax for City of Chula Vista I 1-25-02 OtayC°mmuniO' b'acilit~e3 Di~trict N°' O84Ranch Village Six lq' ~Q~/ Pc, ge I 0 such Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped Property. 2. Divide the Maximum Annual Special Tax computed pursuant to step 1 by the sum of the total expected Maximum Annual Special Tax revenues which may be levied within CFD-08-I excluding any Assessor's Parcels for which the Maximum Annual Special Tax obligation has been previously prepaid. 3. Multiply the quotient computed pursuant to step 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"). 4. Multiply the Bond Redemption Amount computed pursuant to step 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"). 5. If all the Bonds authorized to be issued for CFD-08~I have not been issued, compute the Future Facilities Costs. 6. Multiply the quotient computed pursuant to step 2 by the amount if any, determined pursuant to step 5 to compute the amount of Future Facilities Costs to be allocated to such Assessor's Parcel (the "Future Facilities Amount'). 7. Compute the amount needed to pay interest on the Bond Redemption Amonnt fi'om the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 8. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year, which have not yet been paid. 10. Determine the fees and expenses of CFD-08-I, including but not limited to, the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds from the proceeds of such prepayment, and the cost of recording any notices to evidence the prepayment and the redemption (the "Prepayment Fees and Expenses") 11. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the prepayment amount less the Prepayment Fees and Expenses, as determined pursuant to step 10, from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 12. Add the amounts computed pursuant to steps 7 and 9 and subtract the amount computed pursuant to step 11 (the "Defeasance Amount"). City of Chula Vista 11-25-02 Community Facilities District No. 08-I Otay Ranch Village &~r 13. 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 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 step 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 steps 3, 4, 6, 10, and 12, less the amounts computed pursuant to steps 13 and 14 (the "Prepayment Amount"). 16. From the Prepayment Amount, the mounts computed pursuant to steps 3, 4, 12,.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 step 10 shall be retained by CFD-08-I. The amount computed pursuant to step 6 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 deten-nined under step 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 CFD-08-I, both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. City of Chttltt I/i3ta l 1-25-02 Community F, wilitie~ Di~trict No. 08-I il~ Otay Ranch I/t'll~tge Sir ~ ]~tgc' 12 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 =(PEx F)+A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H.1, minus Prepayment Fees and Expenses determined pursuant to step 10. F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Annual Special Tax. A= the Prepayment Fees and Expenses determined pursuant to step 10. 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-08-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 attthorized to be levied on such Assessor's Parcel pursuant to Section D. I. 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 2039-2040 Fiscal Year. J:\Enghleer\A(}[ N DA\Altachments\RM A I 1-25-02 clean.doc City of Chula Vista Community Facilities Dh'trict No. 08-1 l ] -25-02 OZ . ~< o> o~ 0 %00 < N z o  N 0Y08 VI03~ Vq RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTiNG A BOUNDARy MAP SHOWiNG THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 08-I (OTAY RANCH VILLAGE SIX) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA ("City Council"), desires to initiate proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Famht~es 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 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 designated as COMMUNITY FACILITIES DISTRICT NO. 08-I (VILLAGE SIX) (the "District"); and, WHEREAS, there has been submitted a map showing the boundaries of the territory proposed for inclusion in the District including properties and parcels of land proposed to be subject to the levy of a special tax by the District. NOW, THEREFORE, IT IS HEREBY RESOLVED: SECTION 1. The above recitals are all true and correct. SECTION 2. The map designated as "BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 08-I ( OTAY RANCH VILLAGE SIX)" showing the boundaries of the territory proposed for inclusion in the District including the parcels o£1and proposed to be subject to the levy ora special tax by the District is hereby approved and adopted. SECTION 3. A certificate shall be endorsed on the original and on at least one (1) copy ofthe map of the District, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the heating on the formation or extent of such District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Sections 3110 and 3111 of the Streets and Highways Code of the State of California. PREPARED BY: APPROVED AS TO FORM BY: John P. Lippitt John Kaheny Director of Public Works City Attorney JSAttomey\RESO\CFD 08-I Approve Map.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 08-I (OTAY RANCH VILLAGE SIX) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX TO FINANCE THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC FACILITIES WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), at this time desires to initiate proceedings to create a Community Facilities District pursuant to the terms dprov~s~onsofthe Mello-RoosCommun~tyFacd~t~esActof1982",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 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. 08-1 (OTAY RANCH VILLAGE SIX) (the "District"); and, WHEREAS, this City Council desires to proceed to adopt its Resolution of Intention to initiate the proceedings to cbnsider the establishment of such District, to set forth the proposed boundaries for such District, to indicate the type of public facilities proposed to be financed by such District, to indicate the proposed rate and apportionment of a special tax sufficient to finance the acquisition of such facilities and the administration of the District and any indebtedness incurred by the District, to set a time and place for a public hearing relating to the establishment of such District; and WHEREAS, the Community Facilities District Law provides that the City Council may initiate proceedings to establish a community facilities district only if it has first considered and adopted local goals and policies concerning the use of the Community Facilities District Law; and WHEREAS, this City Council has adopted local goals and policies as required pursuant to the Community Facilities District Law. NOW, THEREFORE, IT IS HEREBY RESOLVED: RECITALS SECTION 1. The above recitals are all tree and correct. 1NITIATION OF PROCEEDiNGS SECTION 2. These proceedings are initiated by this City Council pursuant to the authorization of the Community Facilities District Law. BOUNDARIES OF DISTRICT SECTION 3. It is the intention of this City Council to establish the boundaries of the proposed District. A description of the proposed boundaries of the tenitory to be included in the District including the properties and parcels of land proposed to be subject to the levy ora special tax by the District is as follows: All that property as shown on a map as previously approved by this City Council, such map designated by the name of this District, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. NAME OF DISTRICT SECTION 4. The name of the proposed District shall be Community Facilities District No. 08-I ( OTAY RANCH VILLAGE SIX). DESCRIPTION OF FACILITIES SECTION 5. It is the intention of this City Council to finance the acquisition of certain facilities authorized to be acquired pursuant to the provisions of the Community Facilities District Law. A general description of the type of facilities proposed to be authorized to be acquired is set forth in Exhibit A attached hereto and incorporated herein by this reference (the "Facilities"). The Facilities are facilities which this legislative body is authorized by law to contribute revenue to or to construct, own or operate. It is hereby .further determined that the proposed Facilities are necessary to meet increased demands and needs placed upon the City as a result of development within the District. The cost of acquiring the Facilities includes Incidental Expenses as such term is defined in Government Code Section 53317(e) and may include, but not be limited to, the costs of planning and designing the facilities; all costs associated with the establishment of the District, the issuance and administration of bonds to be issued for the District, including the payment of any rebate obligation due and owing to the federal government, the determination of the amount of any special taxes to be levied, the costs of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District, together with any other expenses incidental to the acquisition, construction, completion and inspection of the Facilities. 2 SPECIAL TAX SECTION 6. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to pay for such Facilities and related Incidental Expenses authorized by the Community Facilities District Law, secured by recordation of a continuing lien against all non- exempt real property in the District, will be levied annually within the boundaries of the District. Under no circumstances will the special tax levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than 10 percent. For further particulars as to the rate and method of apportionment of the proposed special tax (the "Rate and Method of Apportionment") reference is made to the attached and incorporated Exhibit B, which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed District to clearly estimate the maximum amount that such person will have to pay. The Rate and Method of Apportionment also set forth the tax year after which no further special tax shall be levied or collected against any parcel used for private residential purposes. A parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit or the equivalent for private residential use is issued for such parcel. The special taxes herein proposed, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner at this City Council shall determine, including without limitation, direct billing of the affected property owners, and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Chula Vista (the "City"), acting for and on behalf of the District. The special tax obligation for any parcel may be prepaid and permanently satisfied in whole or in part pursuant to the provisions therefor contained in the Rate and Method of Apportionment. PUBLIC HEARING SECTION 7. NOTICE IS GIVEN THAT ON JANUARY 14, 2003, AT THE HOUR OF 6:00 O'CLOCK P.M., 1N THE REGULAR MEETING PLACE OF THE CITY COUNCIL BEING THE COUNCIL CHAMBERS, CITY HALL, LOCATED AT 276 FOURTH STREET, CHULA VISTA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS CITY COUNCIL WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED DISTRICT, THE RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX PROPOSED TO BE LEVIED WI~THIN THE DISTRICT, AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING ANY PERSONS INTERESTED, INCLUDING TAXPAYERS AND PROPERTY OWNERS MAY APPEAR AND BE HEARD. THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT OF THE DISTRICT, 3 THE EXTENT OF THE DISTRICT, OR THE FINANCING OF THE FACILITIES, WILL BE HEARD AND CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR1N WRIT1NG, HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK OF THE CITY ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. IF A WRITTEN MAJORITY PROTEST AGAINST THE ESTABLISHMENT OF THE DISTRICT IS FILED, THE PROCEEDINGS SHALL BE ABANDONED. IF SUCH MAJORITY PROTEST IS LIMITED TO CERTAIN FACILITIES OR PORTIONS OF THE SPECIAL TAX, THOSE FACILITIES OR THAT PORTION OF THE SPECIAL TAX SHALL BE ELIMINATED BY THE CITY COUNCIL. ELECTION SECTION 8. If, following the public hearing described in the Section above, the City Council determines to establish the District and proposes to levy a special tax within the District, the City Council shall then submit the levy of the special taxes to the qualified electors of the District. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within an the District for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of the District, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of District who were the owners of record at the close of the subject hearing, with each such landowner or the authorized representative thereof, having one (1) vote for each acre or portion o f an acre o f land owned within the District. NOTICE SECTION 9. Notice ofthe time and place ofthe public hearing shall be given bY the City Clerk bY causing the publication of a Notice of Public Heating in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing. The City Clerk shall also cause notice to be given by first-class mail to each registered voter, if any, and to each landowner as defined in the Community Facilities District Law within the proposed boundaries of the District. Such notice shall be mailed at least 15 days before the public hearing and shall contain the same information as is required to be contained in the notice published pursuant to the preceding paragraph. RESERVATION OF RIGHTS TO AUTHORIZE TENDER OF BONDS 4 SECTION 10. The City Council reserves to itself, in its capacity as the legislative body of the District if formed, the right and authority to allow any interested owner of property within the District, subject to the provisions of Government Code Section 53344.1 and to such conditions as this City Council may impose, and any applicable prepayment penalties as may be described in the bond indenture or comparable instrument or document, to tender to the Treasurer, acting for and on behalf of the District, in full payment or part payment of any installment of the special taxes or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, the bond or other obligation to be taken at par and credit to be given for the accrued interest shown thereby computed to the date of tender. ADVANCES OF FUNDS OR WORK-iN-KIND SECTION 11. At any time either before or after the formation of the District, the City Council may accept advances of funds or work-in-kind from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds or that work-in- kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the District. The City may enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds so advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council. The City has entered into a Community Facilities District Reimbursement Agreement with Otay Project LP (the "Company") to provide for such advances for the payment of all initial consulting and administration costs and expenses related to the proceedings to consider the formation of the District and to subsequently authorize, issue and sell bonds for the District. Such advances are subject to reimbursement pursuant to the terms of such agreement. No such agreement shall constitute a debt or liability of the City. In addition, it is proposed that the City enter into an agreement with the Company pursuant to which the Company shall construct and install the Facilities and the District shall repay the funds expended by the Company for such purpose or value or cost of the work in-kind, whichever is less. PREPARED BY: APPROVED AS TO FORM BY: John P. Lippitt John Kaheny Director of Public Works City Attorney J:\Attorney\RESO\CFD 08-I Intent.doc EXHIBIT A DESCRIPTION OF TYPES OF FACILITIES The types of public facilities authorized to be financed by the levy of special taxes within each Improvement Area shall include streets, landscaping within public rights-of-way, sewers and public utilities and other public improvements authorized to be financed from the proceeds of the Public Facilities Development Impact Fee as may be authorized by the goals and policies of the City Council pertaining to the use of the Community Facilities District Law. A-1 EXHIBIT B RATE AND METHOD OF APPORTION OF SPECIAL TAXES ]attach a copy of the Rate and Method for the District] B-! /~/-~¢ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 08-1 (OTAY RANCH VILLAGE SIX) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has declared its intention to initiate proceedings to create a Community Facilities District 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 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 designated as COMMUNITY FACILITIES DISTRICT NO. 08-I ( OTAY RANCH VILLAGE SIX) (the "District ) and, WHEREAS, this City Council directs, pursuant to the provisions of Section 53321.5 of the Government Code of the State of California, the preparation of a report to provide more detailed information relating to the proposed District, the proposed facilities to be financed through the District, and estimate of the cost of providing such facilities (the "Community Facilities District Report"). NOW, THEREFORE IT IS HEREBY RESOLVED: SECTION 1. The above recitals are all true and correct. SECTION 2. The Director of Public Works is hereby directed and ordered to prepare or cause to be prepared the Community Facilities District Report to be presented to this City Council, generally setting forth and containing the following: FACILITIES: A full and complete description of the public facilities the acquisition or construction of which are proposed to be financed through the District. COST ESTIMATE: A general cost estimate setting forth costs of acquiring or constructing such facilities. SPECIAL TAX: Further particulars and documentation regarding the rates and methods of apportionment of the special taxes proposed to be levied within the District. SECTION 3. The Community Facilities District Report, upon its preparation, shall be submitted to this City Council for review, and such report shall be made a part of the record of the public hearing on the Resolution of Intention to establish such District. PREPARED BY: APPROVED AS TO FORM BY: John P. Lippitt John Kaheny Director of Public Works City Attorney J:~Attomey\RESO\CFD 08-I Ordering Report.doc 2 1¥-30 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS iNTENTION TO ISSUE BONDS OF COMMUNITY FACILITIES DISTRICT NO. 08-I ( OTAY RANCH VILLAGE SIX) TO BE SECURED BY SPECIAL TAXES LEVIED WITHIN SUCH DISTRJCT TO PAY FOR THE ACQUISITION OR CONSTRUCTION OF CERTAIN FACILITIES WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has initiated proceedings to create a Community Facilities District pursuant to the terms and provisions of the "MeIlo-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 Constitution of the State of California (the "Ordinance") (the Act an~,~the ~3ttlinance may be referred to collectively as the "Community Facilities District Law") to finance the acquisition of certain authorized facilities. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 08-I (OTAY RANCH VILLAGE SIX) (the "District"); and, WHEREAS, it is the intention of this legislative body to finance the acquisition of all or a portion of such facilities through the issuance of bonds to be issued by the District, such bonds to be secured by special taxes to be levied on taxable property within the District, all as authorized pursuant to the Community Facilities District Law. NOW THEREFORE IT IS HEREBY RESOLVED: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council declares that the public convenience and necessity requires that a bonded indebtedness be incurred by the District to contribute to the financing of all or a portion of the authorized facilities. SECTION 3. The purpose for the proposed debt ~)f the District is to contribute to the financing of the acquisition or construction of authorized facilities consisting of the types of public facilities described in Exhibit A attached hereto and incorporated herein by' this reference (the "Facilitie.s"). SECTION 4. The amount of the bonded indebtedness of the District may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the indebtedness is proposed to be incurred as authorized pursuant to the Community Facilities District Law. The amount of the indebtedness proposed to be authorized for the District is $25,000,000. SECTION 5. NOTICE IS GIVEN THAT ON JANUARY 14, 2003, AT THE HOUR OF 6:00 O'CLOCK P.M. IN THE REGULAR MEETiNG PLACE OF THE LEGISLATIVE BODY, BEiNG THE COUNCIL CHAMBERS, CITY HALL, LOCATED AT 276 FOURTH STREET, CHULA VISTA, CALIFORNIA, A HEARING WILL BE HELD ON THE INTENTION OF THIS LEGISLATIVE BODY TO INCUR A SEPARATE BONDED INDEBTEDNESS OF THE DISTRICT TO CONTRIBUTE TO THE FINANCING OF THE FACILITIES, SUCH INDEBTEDNESS TO BE SECURED BY THE LEVY OF SPECIAL TAXES WITHiN THE DISTRICT. AT THE TIME AND PLACE FIXED FOR SAID PUBLIC HEARING ANY PERSONS INTERESTED, INCLUDING PERSONS OWNING PROPERTY WITHIN THE DISTRICT, MAY APPEAR AND PRESENT ANY MATTERS RELATiNG TO THE PROPOSED iNTENTION AND NECESSITY FOR INCURRING A BONDED iNDEBTEDNESS OF THE DISTRICT WHICH WILL CONTRIBUTE TO THE FINANCING OF ALL OR A PORTION OF THE FACILITIES AND WHICH WELL BE SECURED BY A SPECIAL TAX TO BE LEVIED WITHIN THE DISTRICT. SECTION 6. Notice of the time and place ofthe public hearing shall be given by the City Clerk by publishing a Notice of Public Heating in a legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public heating. PREPARED BY: APPROVED AS TO FORM BY: John P. Lippitt John Kaheny Director of Public Works City Attorney J:\Attomey\RESO\CFD 08-I Intent Bonds.doc 2 EXHIBIT A DESCRIPTION OF TYPES OF FACILITIES The types of public facilities authorized to be financed by the levy of special taxes within the District shall include streets, landscaping within public rights-of-way, sewers and public utilities and other public improvements authorized to be financed from the proceeds of the Public Facilities Development Impact Fee as may be authorized by the goals and policies of the City Council pertaining to the use of the Community Facilities District Law. A-1 COUNCIL AGENDA STATEMENT Item [~ Meeting Date 12/10/02 ITEM TITLE: Resolution Approving the Final "B" Maps of Chula Vista Tract No. 02-05, Otay Ranch Village Six, Neighborhoods R-2A Unitl/R-2B Unit 1, R-5, R-gA Unit 1. Accepting on behalf of the City of Chula Vista, the easements granted on said Map within said Subdivisions, Accepting on behalf of the public Hillsborough Street, Wind Chime Drive, Glendora Drive, Bradbury Drive, Lokoya Drive, San Anselmo Street, San Pascual Street, Golden Gate Avenue, Mount Tamalpais Street, Mount Bnilion Drive, Little Lake Street, Wooden Valley Street, Vallejo Mill Street, Sutter Buttes Street and Polo Peak Drive, approving the Subdivision Improvement Agreements for the completion of improvements required by said subdivisions, and authorizing the Mayor to execute said agreements. Resolution Approving the Final "B" Map Supplemental Subdivision Improvement Agreements for Chula Vista Tract No. 02-05, Otay Ranch Village Six, Neighborhoods R-2A Unitl/R-2B Unit 1, R-5, R-gA Unit 1, and authorizing the Mayor to Execute Said Agreements. SUBMITTED BY: Director of Public Works/~/ City Manager 6[cr,~F, REVIEWED BY: .~d ~'1,/ (4/5ths Vote: Yes No X ) On March 26, 2002, by Resolution No. 2002-089, the City Council approved a Tentative Subdivision Map for Chula Vista Tract 02-05, Otay Ranch Village 6. On August 27, 2002, by Resolution No. 2002-344, the City Council approved Village Six "A' Maps in Units 1 and 2. Tonight, Council will consider the approval of the first three Final "B" Maps within Otay Ranch Village Six, Neighborhoods R-2A Unitl/R-2B Unit 1, R-5, R-9A Unitl, three Subdivision Improvement Agreements and three Supplemental Subdivision Improvement Agreements. RECOMMENDATION: That Council adopt the following: 1. Resolution approving the Final "B" Maps and Subdivision Improvement Agreements. 2. Resolution approving the Supplemental Subdivision Improvement Agreements. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The project is generally located south of Olympic Parkway and East of La Media Road within the Otay Ranch Village 6 SPA area. The Final Map for R-2A Unitl/R-2B Unit 1 consists of 98 numbered lots and 20 lettered lots with a total area of 21.890 acres (see Exhibit 1). The Final Page 2, Item J Meeting Date 12/10/02 Map for R-5 consists of 106 numbered lots and 12 lettered lots with a total area of 16.383 acres (see Exhibit 2). The Final Map for R-9A Unitl consists of 99 numbered lots and 10 lettered lots with a total area of 11.652 acres (see Exhibit 3). 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 easements within the Subdivision as shown on the map. The Developer has executed three Subdivision Improvement Agreements, which addresses the improvements related to each Map. The Developer has also executed three Supplemental Subdivision Improvement Agreements (SSIA) addressing on-going conditions of approval that will remain in effect and run with the land for both maps. Staff has reviewed said Agreements and determined that they satisfy all the applicable tentative map conditions for final map approval and recommends Council approval. The Developer has bonded for and agrees to complete all on and off-site street improvements required for the approval of these Maps within two years following map approval, or sooner if construction permits for the required improvements have been issued. The City Council has adopted a resolution approving the new Park Acquisition and Development Fees. The Developer has paid its share of the updated PAD fees and has agreed to provide an Irrevocable Offer of Dedication of Fee Interest or pay PAD fees, at the discretion of the Director Building and Park Construction, for its portion of the land acquisition obligation for community parks. These maps have a preserve conveyance obligation which is met through a conveyance of open space land and the Conveyance Settlement Agreement with Otay Project which was approved on August 27, 2002 by Resolution No. 2002-341. FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed "B" Maps and the Agreements. Exhibits and Attachments: Exhibit 1: Plat - Chula Vista Tract 02-05, Otay Ranch, Village Six, Neighborhood R-2A Unitl/R-2B Unit 1 Map. Exhibit 2: Plat - Chula Vista Tract 02-05, Otay Ranch, Village Six, Neighborhood R-5 Map. Exhibit 3: Plat - Chula Vista Tract 02-05, Otay Ranch, Village Six, Neighborhood R-9A Unit 1 Map. Exhibit 4: Developer's Disclosure Statement. Anachment A: Village Six R-2A Unitl/R-2B Unit 1 SIA Attachment B: Village Six R-5 SIA Attachment C: Village Six R-9A Unit 1 SIA Attachment D: Village Six R-2A Unitl/R-2B Unit 1 SSIA Attachment E: Village Six R-5 SSIA Attachment F: Village Six R-9A Unit 1 SSIA J:\Engineer\LANDDEV\Projeets\Otay Ranch Village 6\OR's Village 6\B Maps\OR912OR915OR919A113R2ul-RS- R9.doc 10/24/2082 15:82 619~415910 LUNDSTROM PAGE ~2 15-S TFIE 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 financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. 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. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/parmership) entity. 3. If a~¥ person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person se-tying as director oftbe non-profit organization or as trustee or b~efi¢im-y or trus~or of the 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. 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this con:ract within the past 12 months? Yes No ~ If 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? 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 $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes__No ,~-- 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? SignatUre of C~ntra~rfApplicant Print or ~e name of Comractorl^pplican~ Person ~s defined as: any ~nd~v~du~, finn, co-p~rmersh~p, joint venUn-e, ~so¢~ation, social club, fm~ern~ o~gan~z~fion, corporation, estate, nmst, receiver, syndicate, any other county, ¢~n], municipality, d~s~, or other political sub. vision, -or any other ~roup or comb~na~on acting a~ a m~3t. ** Offic~a~ includes, but ~s not l~mited to: Mayor, Council member, Plann~.g ~onuniss~oner, ~ember H:x&IO.MEXENGINEEK'~DMD~CONqXACT',DIS CLO SE.DOC ~in ~P ~ fw~cial mtcm~, pa~, ~ ~l~ conmO~o~s z~ a ut~ z elec~o~ ~us~ be filed ~c follo~g info, on m~t bc ~sclo~: 1. Lis~ ~c ~ of ~1 perso~ ~n~ a ~ci~ ~st in ~ ~op~ ~st is ~e s~ject of ~e appllcatio~ or ~e con~ c.g., o~r, appB~K o~r, su~on~, m~al supplier. ,. 3. ~ny ~son' i~a~fied ~su~l lo (1) a~e is a ~n-profit ~mton ~ ~, llst tc ~s of ~y p~son ~c~ing as ~ctor of ~e non-profit o~ ~ ~ ~ ~ b~d~ or ~stor of ~n~utors you hav~ ~si~ed to r~r~ you b~ thc Ci~ ~ ~is ~. 12-D~-ZO02 Q9 :O~r,! F,'om- T-479 p 0n3/003 F-515 :las any person* associated with this conlract had any ilmmuial clealings with an of~qial** of the 5. ,~it~ of Chuls Vista as it relates to this contra= within thc past 12 if't'os, b;~;eSY ~c~orib~ thc n&rarc of the ~m~l ~t~st.~e official~* may have in tbi~ con,act. ~ve y~ ~dc ~ con~b~on ofmo~ ~an ~250 ~ ~e p~ ~clve (12) mon~ to member of ~ ~a Vista Ci~ ~cil? Yes No~ If Y~, w~oh Co.oil 7. ~ Hav~, you or my member of yo~ gorging ~d (i.e. Co~ Board ' · ~f D~c~ m~d~ oonm%u~s ~g mom than $1,0~ ov~ the past fo~ (4) ~av~ 5,~ pro~d m~c ~a~ iS00 (or ~ it~ of cquival~l ~luc) to ~ official Chuia V!s~ ~ ~ p~t t~elve (12) months? ~is ~olud~ b~g a so.ce of ~comc, mon~ to nstu~ o~i~ ~ovid~d? ~ _ ~t or ~c n~c of C~todAppH~t dis~ or o~r ~h~l ~bdi~sio~ ~ ~Y ~m ~oup ~ c~ a~ng as a ~r of a bb=~ co~tzmon, ~ comml~ of ~c CiW, ~pl~ee, or s~ m~b~. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAPS OF CHULA VISTA TRACT NO. 02-05, OTAY RANCH VILLAGE SIX, NEIGHBORHOODS R-2A UNIT1/R-2B UNIT 1, R-5, R-9A UNIT I. ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISIONS, ACCEPTING ON BEHALF OF THE PUBLIC HILLSBOROUGH STREET, WIND CHIME DRIVE, GLENDORA DRIVE, BRADBURY DRIVE, LOKOYA DRIVE, SAN ANSELMO STREET, SAN PASCUAL STREET, GOLDEN GATE AVENUE, MOUNT TAMALPAIS STREET, MOUNT BULLION DRIVE, LITTLE LAKE STREET, WOODEN VALLEY STREET, VALLEJO MILL STREET, SUTTER BUTTES STREET AND POLO PEAK DRIVE, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS. WHEREAS, on March 26, 2002, by Resolution No. 2002-089, the City Council approved a Tentative Subdivision Map for Chula Vista Tract 02-05, Otay Ranch Village 6; and WHEREAS, on August 27, 2002, by Resolution No. 2002-344, the City Council approved Village Six "A" Maps in Units 1 and 2; and WHEREAS, Council will consider the approval of the first three Final "B" Maps within Otay Ranch Village Six, Neighborhoods R-2A Unitl/R-2B Unit 1, R-5, R-9A Unitl, and three Subdivision Improvement Agreements; and WHEREAS, Council has adopted a resolution approving the new Park Acquisition and Development Fees and the Developer has paid its share of the updated PAD fees and has agreed to provide an Irrevocable Offer of Dedication of Fee Interest or pay PAD fees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approves the Final "B" Maps of Chula Vista Tract No. 02-05, Otay Ranch Village Six, Neighborhoods R-2A Unitl/R-2B Unit 1, R-5, R-9A Unit 1. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public Hillsborough Street, Wind Chime Drive, Glendora Drive, Bradbury Drive, Lokoya Drive, San Anselmo Street, San Pascual Street, Golden Gate Avenue, Mount Tamalpais Street, Mount Bullion Drive, Little Lake Street, Wooden Valley Street, Vallejo Mill Street, Sutter Buttes Street and Polo Peak Drive. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the 2-foot wall maintenance easement as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the Dedication of the Fee Interest of Lot A for open space and other public purposes. BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista 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 Assignable and Irrevocable General Utility and Access Easements as granted thereon and shown on said map within said subdivision are accepted on behalf of the City ofChula Vista as hereinabove stated. BE IT FURTHER RESOLVED that City CJerk is hereby directed to transmit said map to the CJerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that those certain three Subdivision Improvement Agreements dated the for the completion of improvements in said subdivision, copies of which are on file in the office of the City Clerk, are hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and is hereby authorized to execute said agreements for and on behaJf of the City ofChuJa Vista. Presented by Approved as to form by ~~~ í Joruf . aheny' City Attorney John P. Lippitt Director of Public Works J:\Anomey\RESOlVillage 6 Final 8 Maps.doc 2 /5-1/ Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 DRAFT 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 SEVEN, LLC, a California limited liability company, 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 SIX, NEIGHBORHOOD R-2A, UNIT I/R-2B, UNIT 1 (CVT 02-05) 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- / 5 -/~ 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, subject to certain requirements and conditions, as contained in Resolution No. 2002-089, approved on the 26th day of March, 2002 ("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. 02057-01 through 02057-012 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 EIGHT HUNDRED EIGHTY-THREE THOUSAND THIRTY-EIGHT DOLLARS AND NO CENTS ($1,883,038.00). 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- /5 - /8 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 NINE HUNDRED FORTY-ONE THOUSAND FIVE HUNDRED NINETEEN DOLLARS AND NO CENTS ($941,519.00) 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- 15 - If 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 NINE HUNDRED FORTY -ONE THOUSAND FIVE HUNDRED NINETEEN DOLLARS AND NO CENTS ($941,519.00) 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 FOURTEEN THOUSAND SEVEN HUNDRED NINETY-EIGHT DOLLARS AND NO CENTS ($14,798.00) 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 securi ties 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- 15 - /5 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- j5-/(P 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 describ'ed 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- /'5-11 SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH, VILLAGE SIX, NEIGHBORHOOD R-2A, UNIT 1/R-2B, UNIT 1 (CVT 02-05) 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 SEVEN, LLC, a California limited liability J(¥cv¿~/ Mayor of the City of Chula Vista ATTEST City Clerk Approved as to form by City Attorney (Attach Notary Acknowledgment) -7- /5-/'8 CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT State of California } ss. County of Or.:::lngø On November 15, 2002 Date before me, Nicole L. Reich~tein. Notary Public Name and TIUe of Officer (e.g., "Jane Doe, Notaly Public") personally appeared Karyl e A. Kell y Name(s)of Signer(s) ~ personally known to me o proved to me on the basis of satisfactory evidence ~@- - ~ ~ ;IC~L;L~E~H-;T;IN- ~ Commission. 1331084 ~ z ~. Notary Public - California ~ ~ Orange County f ..- - - ~~:..~.._~,~~ to be the person~ whose name~ is/_ subscribed to the within instrument and acknowledged to me that .....she~executed the same in f>isIIler/1IIeif authorized capacity(~ and that by flis/her/tl>ei< signature~ on the instrument the person(e¡, or the entity upon behalf of which the person¡.j acted, executed the instrument. WITNESS my hand and official seal. ~~-f,,",~1I~ 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 Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee D Guardian or Conservator o Other: Signer Is Representing: © 1999 National Notary Association" 9350 De Solo Ave P_O. Box 2402. Chatsworth. CA 91313·2402' www.nationatnotary.orQ Prod. No. 5907 Reorder: Call Toll-Free 1·800-676.6627 / :) - Ie¡ LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $941,519.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $941,519.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $14,798.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. J:\Attorney\SIA\OR V6 N R-2A Unit 1 R-2B Unit 1 -8- 15-~O 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 VI-I, LLC, a California limited liability company, 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 p~esent 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 SIX, NEIGHBORHOOD R-5 (CVT 02-05) 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- /5-~ 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 AttQrney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 2002-089, approved on the 26th day of March, 2002 ("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. 02058-01 through 02058-08 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of construGting 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 FIFTY -SIX THOUSAND ONE HUNDRED SEVENTY -FOUR DOLLARS AND NO CENTS {$1,156,174.00}. 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- J 5 -~~ 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 FIVE HUNDRED SEVENTY-EIGHT THOUSAND EIGHTY-SEVEN DOLLARS AND NO CENTS ($578,087.00) 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- J 5 -;23 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 SEVENTY-EIGHT THOUSAND EIGHTY-SEVEN DOLLARS AND NO CENTS ($578,087.00) 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 EIGHTEEN THOUSAND DOLLARS AND NO CENTS ($18, 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 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 requirements of the State Subdivision Map Act and the provisions -4- /5 'd- i 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, change in the volume of flow, modification of the velocity of -5- /5 -;).5 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 t9 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- / t5 -d-.f,P SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH, VILLAGE SIX, NEIGHBORHOODR-5 (CVT 02-05) 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 California company ~ VI-I, LLC, a limited liability ¡~hl /-' Mayor of the City of Chula Vista ;<0<' ha I d,.,,; l'r.. . ! ;J t ¡ (<., tie 'S (¿;¿/I(- ATTEST City Clerk Approved as to form by City Attorney (Attach Notary Acknowledgment) -7- 15 -;)7 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $578,087.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $578,087.00 Exhibit "c" Improvement Security - Monuments: Form: Bond Amount: $18,000.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. J,\Attorney\SIA\OR V6 N R-S -8- ) :5 -d '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 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 NINE, LLC, a California limited liability company, 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 SIX, NEIGHBORHOOD R-9A, UNIT 1 (CVT 02-05) 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- 15-;;)~ 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 thi~ 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. 2002-089, approved on the 26th day of March, 2002 ("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. 02059-01 through 02059-10 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 SIX THOUSAND SEVEN HUNDRED NINETY-TWO DOLLARS AND NO CENTS ($1,006,792.00) 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- 15-30 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, 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 THREE THOUSAND THREE HUNDRED NINETY-SIX DOLLARS AND NO CENTS ($503,396.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. -3- 15 - 31 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FIVE HUNDRED THREE THOUSAND THREE HUNDRED NINETY-SIX DOLLARS AND NO CENTS ($ 5 0 3, 396 . 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 SEVENTEEN THOUSAND DOLLARS AND NO CENTS ($17,000.00) 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 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 - /5- 3;)..; 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, change in the volume of flow, modification of the velocity of -5- 15~~ 33 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- /5- 3f SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANNCH, VILLAGE SIX, NEIGHBORHOOD R-9A (CVT 02-05) 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 NINE, LLC, a California limited liability Mayor of the City of Chula Vista corre75a¿ja.¿ ~' ATTEST City Clerk Approved as to form by City Attorney (Attach Notary Acknowledgment) -7- J 5-35 CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT State of California } ss. County of OrRngp On November 15, 2002 Date before me, Nicole L. Reichstein. Notarv Public Name and Title of Officer (e_g., "Jane Doe, Notary Public") personally appeared Karv1e A. Kel1y Name{s)ofSigner(s) ~ personally known to me o proved to me on the basis of satisfactory evidence ~G- - - - ;IC~LI;L.~E~CH-;T;IN- ~ CommiBsion#1331084 ~. Notary Publîc - California ~ ~ Orange County f ..... __ _ ~~:...~"_NO:1~~ to be the person¡&¡ whose name(~ is/_ subscribed to the within instrument and acknowledged to me that fleIshe/tMo¡-executed the same in J>islher/1IMIi<- authorized capacity(~ and that by l1ieIher/tAait signature(~ on the instrument the person('¡" or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. q.L d ~A~ Signature of Notary ubi OPT.IONAL 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 Signer's Name: . Top of thumb here o Individual o Corporate Officer - Title(s): D Partner - 0 Limited 0 General o Attorney-in-Fact D Trustee D Guardian or Conservator o Other: Signer Is Representing: © 1999 National Notary Assoclatjof\.· 9350 De Soto Ave., P.O, Box 2402' Chalsworth, CA 91313·2402 . www.nalionalnotary.org Prod. No, 5907 Reorder:CaUToli-Free 1-800-B76-6B27 15 ~:3~ LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $503,396.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $503,396.00 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 date of City Council approval of the Subdivision Improvement Agreement. J,\Attorney\SIA\OR V6 N R-9A Unit 1 -8- /5'-~7 RESOLUTION NO. 2002-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENTS FOR CHULA VISTA TRACT NO. 02-05, OTAY RANCH VILLAGE SIX, NEIGHBORHOODS R-2A UNITI/R-2B UNIT 1, R-5, R-9A UNIT I, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS. WHEREAS, on March 26, 2002, by Resolution No. 2002-089, the City Council approved a Tentative Subdivision Map for Chula Vista Tract 02-05, Otay Ranch Village 6; and WHEREAS, on August 27, 2002, by Resolution No. 2002-344, the City Council approved Village Six "A" Maps in Units 1 and 2; and WHEREAS, Council will consider the approval of three Supplemental Subdivision Improvement Agreements; and WHEREAS, the Developer has executed three Supplemental Subdivision Improvement Agreements (SSIA) addressing on-going conditions of approval that will remain in effect and run with the land for both maps; and WHEREAS, staff has reviewed said Agreements and determined that they satisfy all the applicable tentative map conditions for final map approval. NOW, THEREFORE, BE IT RESOLVED that Council approves the finaJ "B" Map Supplemental Subdivision Improvement Agreements for Chula Vista Tract No. 02-05, Otay Ranch Village Six, Neighborhoods R-2A Unit I/R-2B Unit 1, R-5, R-9A Unit I. BE IT FURTHER RESOLVED that the Mayor of the City of Chu1a Vista be, and is hereby authorized to execute said agreernents for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~l)1~ Jo ény City Attorney John P. Lippitt Director of Public Works J:\Attomey\RESOlVillage 6 Final 8 Maps Supp,doc Is~38 RECORDING REQUEST BY: City Clerk ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Above Space for Recorder's Use 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 SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTA Y RANCH VILLAGE SIX NEIGHBORHOOD R-2A UNIT llR-2B UNIT I (Conditions: 1,2,3,4,5,8,10, II, 12, 13, 17,20,22,24,25,28,31, 34,48,50,51,53,60,62,63,64,66,69, 70,81,93,95,99,100,104, 107,110,111,123,129,134, 135, 142,154,155,156,157,158,165, 166, 170, 174, 179,180,181, 182, and 183 of Resolution No. 2002- 089) This SuppIernental Subdivision Improvement Agreement ("Agreement") is made this_day of 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 Delaware Limited Liability Company, ("Developer" or "Grantor"), 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 ChuIa Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part ofOtay Ranch Village 6, a master planned development. For purposes of this Agreement the term "project" shall also mean "Property". Developer has applied for a final map for the Property, more specifically known as Otay Ranch, Village Six, Neighborhood R-2A UNIT llR- 2B UNIT I. B. Otay Project L.P. conveyed title to Neighborhood R-2A UNIT IIR-2B UNIT I to Otay Ranch Seven, LLC on September 25, 2002. 1 15~3'f 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 02-05 ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution No. 2002-089 ("Resolution") on March 26,2002, pursuant to which it has approved a 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 the fmal map of the property known as Otay Ranch, Village Six, Neighborhood R-2A UNIT I/R-2B UNIT I 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 the final map for Otay Ranch, Village Six, R-2A UNIT 1/R-2B UNIT I. 2. "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. 3. "guest builder" rneans those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. 4. "PFFP" means the Otay Ranch Village Six SPA Plan Public Facilities Finance Plan adopted by Resolution No. 2002-022 as may be amended ITom time to time. 5. "RMI' 2" means the Otay Ranch Resource Management Plan, Phase 2, approved by the City Council on June 4, 1996, as may be amended ITom tirne to time. 6. "Preserve/Owner Manager" is the entity or entities defmed by the RMP 2 with the duties and responsibilities described therein. 7. "Lots CPF-Ix and R-2bx" refers to the Common Useable Open Space lot on the Tentative Subdivision Map. 8. "Village Six SPA" means the Village Six Sectional Planning Area Plan as adopted by the City Council on January 22, 2002 pursuant to Resolution No. 2002-022. 2 /5 -¥-o 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 all obligations of this Agreement. Notwithstanding the foregoing, all parties to this agreement acknowledgé 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. Tills 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 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 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, 3 IS-Ifl the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirernents of this Agreement to the satisfaction of the City and such partial release will not, in the opinion ofthe City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release oflndividual 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 lot or parcel shall be automatically released from the encwnbrance hereof. 3. Condition No.1 - (General Preliminary) In satisfaction of Condition No.1 of the Resolution, Developer hereby agrees that all of the terms, covenants and conditions contained herein shaH 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 docwnent the term "Developer" shall also mean "Applicant". 4. Condition No.2 - (General Preliminary). In satisfaction of Condition No.2 of the Resolution, Developer agrees to comply with all requirements and guidelines of the City ofChula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual; ChuIa Vista Design Manual; Otay Ranch General Development Plan, Otay Ranch Resource Managernent Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Second-Tier Environmental Irnpact Report (EIR 98-0 I); Otay Ranch Village Six Sectional Planning Area (SPA) Plan and supporting docwnents including: Public Facilities Finance Plan; Parks, Recreation, Open Space and Trails Plan; SPA 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 appropriate department head, with the approval of the City Manager, 4 I '5-'1-~ however, any material modifications shall be subject to approval by the City Council. S. Condition No.3 - (General Preliminary). In satisfaction of Condition No.3 of the Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over tirne, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived rrom the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer agrees to 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 the City. 6. Condition No.4 - (General Preliminary). In satisfaction of Condition No.4 of the Resolution, Developer agrees to indemnify, protect, defend and hold the City harmless rrqm and against any and all claims, liabilities and costs, including attorney's fees, arising rrom challenges to the Environmental Impact Report and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 7. Condition No.5 (General Preliminary). In satisfaction of Condition No.5 of the Resolution, Developer agrees to comply with all applicable Village Six SPA conditions of approval, (PCM 99- I 5) as may be amended rrom time to time. 8. Condition No.8 - (General Preliminary). In satisfaction of Condition No.8 of the Resolution, a reserve fund program has been established by Resolution No. 18288 for the funding of the Fiscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project. The Developer agrees to provide funds to the Reserve Fund as required by the Reserve Fund Program. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Developer agrees to participate in the funding of the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs in the Project and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP. 9. Condition No. 10 - (General Preliminary). In satisfaction of condition No. 10 of the Resolution, the Developer agrees to comply with the terms of the Conveyance Agreement, as may be amended rrom time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of Planning and Building. 5 /5-4-3 10. Condition No. 11- (General Preliminary). In satisfaction of condition No. I I of the Resolution, Developer agrees that should any of these conditions conflict with the Olympic Parkway Financing and Construction Agreement approved by Council Resolution 19410, the Olympic Parkway Financing and Construction Agreement shall control 11. Condition No. 12 - (Environmental). In satisfaction of condition No. 12 of the Resolution, the Developer agrees to implement, to the satisfaction of the Director of Planning and Building, all environmental impact mitigation measures identified in Final EIR 98-01 (SCH#200I041033), the candidate CEQA Findings and Mitigation Monitoring and Reporting Program (Final EIR 98-0 I) for this project. 12. Condition No. 13 - (Environmental). In satisfaction of condition No. 13 of the Resolution, the Developer agrees to comply with all applicable requirements of the California State Water Resources Quality Control Board. The Developer further agrees that prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the Developer shall comply with all applicable requirements prescribed in the Otay Ranch Village Six Second-Tier Environmental Irnpact Report (EIR 98-0I)(SCH#200I04I033), and Mitigation Monitoring and Reporting Program. 13. Condition No. 17 - (Environmental). In satisfaction of condition No. 17 of the Resolution, the Developer agrees that simultaneously with conveyance of land to the Preserve Owner/Manager (POM) in fee title or by easement, the Developer agrees to cease all cattle grazing on the land to be conveyed. In addition, the Developer agrees to ensure through the maintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle from adjacent areas cannot access the land being conveyed. In addition, Developer agrees to comply with the requirernents of the RMP, Phase Two, Range Management Plan to the satisfaction of the Director of Planning and Building. 14. Condition No. 20 - (Environmental). In satisfaction of condition No. 20 of the Resolution, upon request of the Director of Planning and Building, the Developer agrees to execute a maintenance agreement with the City or its designee for the Otay Ranch Preserve. 15. Condition No. 22 - (Noise Barrier Plan). In satisfaction of condition No. 22 of the Resolution, the Developer agrees that the approved noise barrier plan shall be incorporated into the wall and fence plan, a component of the Landscape Master Plan. Should the Developer request modification of the approved wall and fence plans, Developer agrees to provide additional acoustical analysis if required by the Director of Planning and Building. The Developer further agrees that the noise barriers shall be constructed within dedicated open space lots and shall not be constructed on private property. 16. Condition No. 24 - (Noise Barriers). In satisfaction of condition No. 24 of the Resolution, the Developer agrees that unless required noise barriers are constructed, no building 6 /5-Lf{- permits shall be issued for those lots within the noise contour of 65 CNEL or greater as described in the Noise Technical Report for Otay Ranch Village Six, dated September 24,2001, unless earlier modified by agreement with the City of Chula Vista, CTV or its successor in interest, and Applicant. All noise barrier design and construction adjacent to SR-I25 shall be coordinated with the City of Chula Vista, CAL TRANS, and CTV or its successor in interest. Noise barrier design and construction adjacent to SR-125 may be modified should a subsequent acoustical study demonstrate to the satisfaction of the Director of Planning and Building that the applicable noise standards will be achieved by a modified design. 17. Condition No. 25 - (Good Faith Coordination). Insatisfaction of condition No. 25 of the Resolution, the Developer agrees to make a good-faith effort to coordinate development and implementation of the Village Six SPA Plan Area with all other developers within Village Six including phasing, grading, improvements and dedication of right-of-way. 18. Condition No. 28- (Multi-Family Lots). In satisfaction of condition No. 28 of the Resolution, the Developer agrees that the subsequent development of a multi-family lot which does not require the filing of a "B" map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer. 19. Condition No. 31 - (Sign Plans). In satisfaction of condition No. 31 of the Resolution, prior to issuance of the first building permit, Developer agrees to submit for review and approval a sign program to the director of Planning and Building. Prior to issuance of the first building permit, Developer agrees to post temporary signs on all neighborhoods within the Project indicating the future land use(s) for said sites with signage consistent with the sign program. Temporary signs shall be maintained in place until such time as a project is approved for any such future land use site. 20. Condition No. 34 - (Street Trees). In satisfaction of condition No. 34 of the Resolution, the Developer agrees to install all street trees in accordance with Section 18.28.1 0 of the Chula Vista Municipal Code. AIl street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Street trees, which have been selected nom the revised list of appropriate tree species described in the Village Six Village Design Plan, Village Six SPA Plan and Landscape Master Plan, shall be approved by the Director of Planning and Building and Director of Public Works. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Developer agrees to complete preliminary street improvernent plans that show the location of all future street trees, which will be subject to the review and approval of the Director Building & Park Construction and the Director of Planning & Building. Prior to any utility installation, wood stakes shall be placed by the Developer on site according to approved preliminary street tree plans and shall be painted a bright color and labeled as future street tree location. Developer further agrees to provide City documentation, acceptable by the Director Building & Park Construction and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in 7 ¡S-¥5 any direction. Developer will maintain street tree identification stakes in location as shown on approved preliminary plans until all dry utilities are in place. A street tree improvement plan, including mailbox locations, shall be submitted for review and subject to the approval of the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvemeht plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. 21. Condition No. 48 - (public Facilities). In partial satisfaction of condition No. 48 of the Resolution, the Developer agrees to construct and secure in accordance with Section 18. I 6.220 of the Municipal Code, the required street improvements for facilities 9 & 10, which consists of Birch Road fÌom Magdalena A venue to La Media Road, and La Media Road fÌom Santa Venetia Street to Birch Road. (The bonds descriptions and amounts are listed in Exhibit "B" attached.) 22. Condition No. 50 - (PFDIF). In satisfaction of condition No. 50 of the Resolution, the Developer agrees to participate in the funding of revisions of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the City Manager or his designee and subject to the approval of the City Council. The Developer will receive appropriate credit for such participation. 23. Condition No. 51- (Traffic Signals). In partial satisfaction of condition No.5 I of the resolution, the Developer agrees to construct and secure fully activated traffic signals, including interconnected wiring intersections of Magdalena Avenue and Birch Road, and Birch Road and La Media Road. The Developer agrees to fully design the aforementioned traffic signal in conjunction with the improvement plans for the related streets. The developer agrees to install underground improvements, standards and luminaires in conjunction with the construction of the applicable street improvements. The Developer further agrees to install mast ann, signal heads, and associated equipment when traffic signals warrant as determined by the City Engineer. 24. Condition No. 53 - (Fire Dept. Codes). In satisfaction of condition No. 53 of the resolution, the Developer agrees to comply with the Fire Department's codes and policies for Fire Prevention, as may be amended fÌom time to time. The Developer agrees to provide the following items either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project, whichever occurs earlier; 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. b. Emergency vehicle access consisting of a minimum fust layer of hard asphalt surface or concrete surface, with a minimum standard width of20 feet. 8 j'5-1-Þ c. Street signs installed to the satisfaction of the Department of Public Works. Temporary street signs shall be subject to the approval of the Department of Public Works and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the Department of Public Works and Fire Department. 25. Condition No. 60 - (Transit Facilities). In satisfaction of condition No. 60 of the Resolution, the Developer agrees to not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. 26. Condition No. 62 - (ADA). In satisfaction of condition No. 62 of the Resolution, the Developer agrees to construct sidewalks and construct pedestrian ramps on all walkways to rneet "American 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 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 by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 27. Condition Nos. 63 & 64 - (pedestrian Bridge Funding Mechanism). In partial satisfaction of condition No. 63 & 64 of the Resolution, Developer agrees that no production home building permits shall be issued for the project until an Ordinance, establishing a Pedestrian Bridge Development Impact Fee (DIF) for Village 6 is in full force and effect. Developer shall provide, contemporaneously with this Agreement, sufficient security in an amount equal to the Developer's fair share contribution of the construction cost of the Village 6 Pedestrian Bridges. The security shall be in a form approved by the City Attorney (the bond description and amount are listed in Exhibit B attached). Said security shall be released when the mF is established and in full force and effect. Notwithstanding the requirement that the mF for the pedestrian bridges be in full force and effect, building permits may be issued upon the payment of a deposit in an amount per each dwelling W1Ît to be determined in the sole discretion of the City Engineer. 29. Condition No. 66 - (private Facilities). In satisfaction of condition No. 66 of the Resolution, the Developer agrees to not install privately owned water, reclaimed water, or other utilities crossing any public street. The installation of sleeves for future construction of privately owned facilities may be allowed subject to the review and approval of the City Engineer if the following is accomplished: a. The developer enters into an agreement with the C,ity where the developer agrees to the following: i. Apply for an encroachment permit for installation of the private facilities within the public right-of-way; and, 9 IS-¥1 II. Maintain membership in an advance notice such as the USA Dig Alert Service; and, II\. Mark out any private facilities owned by the developer whenever work is performed in the area; and, IV. 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 at those locations where private facilities traverse public streets. 30. Condition No. 69 - (Street Names). In satisfaction of condition No. 69, of the Resolution, prior to approval of each final map, Developer agrees to install permanent street name signs, and agrees to install such signs prior to the issuance of the first building permit for production homes for the applicable final map. 31. Condition No. 70. - (fraffic Count Stations). In satisfaction of condition No. 70 of the Resolution, Developer agrees to construct and secure the installation of permanent traffic count stations, subject to the approval of the City Engineer, as indicated as follows, one count station at the following streets: La Media Road, Olympic Parkway, and Birch Road. The traffic count stations shall be installed at such specific locations as determined by the City Engineer during processing of the applicable improvernent plans. 32. Condition No. 81 - (NPDES). In satisfaction of condition No. 81 of the Resolution, the Developer agrees to the following: a. That 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 (NPDES) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of ChuJa Vista pursuant to the NPDES regulations or requirements; b. To 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; 10 /5-'-18 c. That 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; d. To comply with all the provisions of the NPDES 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; e. To design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer; f. That the San Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01) and that the permit includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development; and g. To comply with all relevant City regulations and policies including, but not limited to, incorporation into the design and implementation of the Project temporary and permanent structural Best Managernent Practices and non- structural mitigation measures that would reduce pollution of storm water runoff to the maximum extent practicable. 33. Condition No. 93 - (Grading and Drainage). In satisfaction of condition No. 93 of the Resolution, prior to the approval of the fIrst map for the Project, or issuance of the fIrst grading permit for the Project, whichever occurs earlier, 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. Indemnify, 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 Applicant, any agent or employee, subcontractors, or others. The applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. 11 /5~¥q c. That the City Engineer may require incorporation of Standard Urban Storm 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. d. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. Such Developer obligation may be reassigned to a Master Homeowner's Association or other appropriate Maintenance District subject to the approval of the City Engineer. 34. Condition No. 95- (Sewer). In satisfaction of condition No. 95 of the Resolution, the Developer agrees to participate and shall thereafter participate in any necessary funding for implementing and updating the Poggi Canyon sewer trunk monitoring program, as determined by the City Engineer. 35. Condition No. 99 - (parks and Open Space). In satisfaction of condition No. 99 of the Resolution, the Developer agrees that the Village Six Project shall satisfY the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres oflocal parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. The Project's Neighborhood Park portion of the local park requirement shall be satisfied through the provision of a 7.0 net-acre Neighborhood Park (P-I). The remaining requirement shall be satisfied in a future Community Park through the payment of fees, dedication ofland, or a combination thereof in a marmer acceptable to the Director Building and Park Construction. Common useable open space (CUOS) Lots CPF-Ix and R-2bx shall not receive park credit. 36. Condition No. 100 - (Community Parkland Obligation). In satisfaction of condition No. 100 of the Resolution, the Developer shall satisfY its community parkland obligation in a marmer consistent with Chula Vista Municipal Code Chapter 17. The community parkland obligation will be included within a proposed community park to be located within a service radius of Village Six. The location of the community parkland obligation is subject to the approval of the Director Building and Park Construction. 37. Condition No. 104 - (Landscape Master Plan). In partial satisfaction of condition 12 1'5~'5D No. 104, upon request of the Director Building and Park Construction, the Developer agrees to update the Project's Landscape Master Plan to conform to any substantial changes made subsequent to the initial approval of the Plan. 38. Condition No. 107 - (Erosion Control). In partial satisfaction of condition No. 107 of the Resolution, the Developer agrees to install landscape, trail and irrigation slope erosion control in accordance with approved plans no later than six months from the date of issuance of the grading permit. If the work cannot be completed within the specified time, the Developer may request an extension, which may be granted at the discretion of the Director of Planning & Building. Such a request shall be submitted for approval in writing to the Planning & Building Department sufficiently in advance of the end of the six-month timeframe to allow processing of the extension. Notwithstanding the time of installation of landscape, trail and irrigation slope erosion control, Developer agrees to remain in compliance with NPDES. 39. Condition No. 110 - (Certificate of Deposit). In satisfaction of condition No. I 10 of the Resolution, prior to the issuance of a building permit for the 250'h dwelling unit for the Project, the Developer agrees to provide the City with either a letter of credit or a certificate of deposit naming the City as beneficiary in the sum equal to two-thirds of the full cost of park P- I construction, pursuant to the PAD Fees in effect at that time. The letter of credit or certificate of deposit shall be in a form acceptable to the City. The letter of credit or certificate of deposit shall be released upon applicant's fulfillment of its obligation for the park pol but may, upon request, be incrementally reduced in value as park construction progresses in the discretion of the Director Building and Park Construction. 40. Condition No. 111- (lOD of Park P-l). In satisfaction of condition No. I I I of the Resolution, the Developer agrees that Park site (P- I) shall include public access to the satisfaction of the Director Building and Park Construction. The park net acreage and the park Parkland Dedication Ordinance (PLDO) credit to be received by the Developer is based on net usable park acreage as determined solely by Director Building and Park Construction. Upon request from the Director Building and Park Construction, Developer agrees to provide an all weather access road to the park site to the satisfaction of the Fire Marshal and Chief of Police and at no cost to the City. 41. Condition No. 123 - (Landscape and Irrigation Plans). In satisfaction of condition No. 123 of the Resolution, the Developer agrees to prepare and secure, to the satisfaction of the City Engineer and the Director Building & Park Construction, for parkway and median Iandscápe and irrigation plans. All plans shall be prepared in accordance with the current ChuIa Vista Landscape Manual and the Village Six SPA Plan, as may be amended from time to time. The Developer further agrees to install all improvements in accordance with approved plans to the satisfaction of the Director of Building & Park Construction and the City Engineer. 42. Condition No. 129 - (Common Usable Open Space). In satisfaction of condition No. 134 ofthe Resolution, the Developer agrees that Lot CPF-6, Common Usable 13 /5-51 Open Space areas as described in the Chula Vista Design Manual, shall be landscaped, graded and contain amenities to the satisfaction of the Director of Building and Park Construction. Construction shall be completed prior to the issuance of the final building permit in either Neighborhoods R-5 or R-9a for CPF-6, whichever occurs earlier. 43. Condition No. 134 - (Maintenance District). In satisfaction of condition No. 134 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. 44. Condition No. 135 - (Open Space Deposit). In satisfaction of condition No. 135 of the Resolution, prior to issuance of any grading permit which includes permanent Landscaping and Irrigation (L&I) improvernents to be installed in an open space lot to be maintained by the Community Facility District (CFD), the Developer agrees to place a cash deposit, or other funding mechanism acceptable to the City, in the City's sole discretion, with the City which will guarantee the maintenance of the L&I improvements until the City accepts said improvements. In the event the improvements are not maintained to City standards as determined by the City Engineer and the Director of Building & Park Construction, the deposit shall be used to perform the maintenance. The amount of the deposit shall be equivalent to the estimated cost of rnaintaining the open space lots to City standards for a period of six months, ("Minirnum Deposit Amount"), as determined by the City Engineer. Any unused portion of said deposit may be incorporated into the CFD's Reserve Account, or returned to the Developer, according to the following: a. If, six months prior to the scheduled date of acceptance of Landscape and Irrigation improvements for maintenance by the CFD, the Reserve Account is less than the Minimum Deposit Amount, the difference between these two amounts shall be incorporated into the Reserve Account, or; a. If the Reserve Account is at or above the Minimum Deposit Amount, the unused portion of the deposit may be returned to the Developer in 6 equal monthly increments over the last six month's of the maintenance period if the maintenance is being accomplished to the satisfaction of the Director Building & Park Construction. 45. Condition No. 142 - (Easements). In satisfaction of condition No. 148 of the Resolution, the Developer agrees to design landscape and irrigation plans such that street tree placement is not in conflict with the visibility of any traffic signage. The Developer shall be responsible for the removal of any obstructions of said traffic signs to the satisfaction of the City Engineer. 46. Condition No. 154 - (Supplemental Agreement). In satisfaction of condition No. 154 of the Resolution, the developer agrees to the following: 14 15...5~ a. That the City may withhold building permits for the Project if anyone ofthe following occur; I. Regional development threshold limits set by a Chula Vista transportation phasing plan, as amended rrom 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 either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. 111. 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. The Applicant agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch Village Six SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. a. To defend, indemnify and hold hannIess the City and its agents, officers an 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 Council or 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 Applicant of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. Permit all cable television companies rranchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, 15 /5 -53 the City ofChula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies rranchised by the City ofChula Vista, the condition of such grant being that: t. Such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate the placement of such conduits; and ii. Any such cable company is and remains in cornpliance with, and promises to remain in compliance with the terms and conditions of the rranchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or rnay rrom time to ti(11e be, issued by the City ofChula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. 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 harmless rrom any liability for erosion, siltation or increase flow of drainage resulting rrom this project. 47. Condition No. 155- (Congestion Management & Regional Impact Fee Programs). In satisfaction of condition No. 155 of the Resolution, the Developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Managernent 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. 48. Condition No. 156- (previous Agreements). In satisfaction of condition No. 156 of 16 I '5..S 1- the Resolution, the Developer agrees to comply with all previous agreements as they pertain to the tentative map. 49. Condition No. 157 - (Street Sweeping). In satisfaction of condition No. 157 of the Resolution, the Developer agrees to cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after the completion of all punch list items, whichever is shorter. The developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. 50. Condition No. 158 - (Regional Impact Fee). In satisfaction of condition No. 158 of the Resolution, the Developer agrees to equitably participate in any future regional impact fee program for regional facilities should the region enact such a fee program to assist in the construction of such facilities. The Developer further agrees to not protest the formation ,of any potential future regional benefit assessment district formed to finance regional facilities. 51. Condition No. 165 - (Compliance). In satisfaction of condition No. 165 of the Resolution, the Developer agrees install all public facilities in accordance with the Village Six Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold standards adopted by the City. The City Engineer may modifY the sequence of improvement construction should conditions change to warrant such a revision. The applicant further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as may be amended ÍÌ"om time to time by the City. Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09. I 00). 52. Condition No. 166 - (Interim Facilities). In satisfaction of conclition No. 166 of the Resolution, the Developer agrees to that the maintenance and demolition of all interim facilities (public facilities, utilities and improvements) is the Applicant's responsibility, and that construction, maintenance and demolition bonds will be required to the satisfaction of the City Engineer. 53. Condition No. 170 - (Annual Report). In satisfaction of conclition No. 170 of the Resolution, Pursuant to the provisions of the Growth Managernent Ordinance (Section 19.09 of the CYMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended ÍÌ"om time to time, the Developer agrees to complete the following: (I) Fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifYing targeted submittal dates for future cliscretionary applications (SPA's and tentative maps), projected construction dates, corresponding 17 J S r '55 public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 54. Condition No. 174 - (Adjoining Walls). In satisfaction of condition No. 174 of the Resolution, prior to Developer constructing a solid masonry, view wall or like wall which will adjoin a wall constructed by a different developer, a transition wall plan shall be submitted to the City and is subject to the approval of the Director of Planning and Building. Developer agrees to work together with other developers of Village Six to the satisfaction of the Director of Planning and Building in order to construct transitions between adjoining walls. 55. Condition No. 179 - (Compliance). In satisfaction of condition No. 179 of the Resolution, the Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of ChuIa Vista Subdivision Ordinance and Subdivision Manual. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 56. Condition No. 180 - (Fees). In satisfaction of condition No. 180 of the Resolution, the Developer agrees to pay the following fees 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-I25 impact fee. e. Poggi Canyon Sewer Basin mF. Pay the amount of said fees in effect at the time of issuance of building permits. 57. Condition No. 181- (Compliance). In satisfaction of condition No. 181 of the Resolution, the Developer agrees to Comply with all relevànt Federal, State, and Local regulations, including the Clean Water Act. The developer agrees to be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 58. Condition No. 182- (Special Taxes and Assessments). In satisfaction of condition No. 182 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. The developer agrees to submit the disclosure form for approval by the City Engineer prior to Final Map approval. 18 15 ..S~ 59. Condition No. 183- (Growth Management). In satisfaction of condition No. 183 of the Resolution, the Developer agrees to comply with Chapter 19.09 of the ChuIa 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 fmance plan amendment procedures (19.09.100). 60. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes partial or full satisfaction of Developer's obligation of Conditions: (1,2,3,4,5,8, 10, 11,12,13, 17, 20,22,24,25,28,31,34,48,50,51,53,60,62,63,64,66, 69, 70, 81, 93, 95, 99,100,104,107, 110,111,123,129,134,135,142,154,155,156,157,158,165, 166, 170, 174, 179, 180, 181, 182, and 183 of the Resolution. 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. 61. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Subdivision Map, established by the Resolution and shall remain in compliance with and irnpl~ment the terms, conditions and provisions therein. 62. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Maps. 63. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits and all other permits for the entire Village Six SPA 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 defmed 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. 64. 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 . 19 /5.57 CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works Otay Project L.P. 350 W. Ash St., Suite 730 San Diego, CA 92101 Attn: Chuck Cater Fax (619) 336-3112 Otay Ranch Seven, LLC Attn: 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 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. 20 / S ...'5 &' e. 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 hislher 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 will be in a form approved by the City Attorney. f. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto are incorporated by reference into this Agreement. g. 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] 21 IS'S; [PAGE ONE OF THREE SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OT A Y RANCH VILLAGE SIX NEIGHBORHOOD R-2A UNIT 1/R-2B UNIT 1] CITY OF CHULA VISTA Mayor of the City ofChula Vista Attest: Susan Bigelow City Clerk Approved as to Form: John M. Kaheny City Attorney [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 22 15-~O DEC, 5.2002 11: 55AM THE OTAY RANCH CO NO, 4335 P,4 [PAGE TWO OF THREE SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTA Y RANCH VILLAGE SIX NEIGHBORHOOD R-2A UNIT IIR-2B UNIT I) DEVELOPERS/OWNERS: Otay Project L.P., a CaIiforIÚa limited partnership By: Dtay Ranch Development, LLC, a Delaware limited liability company, ::~~£þ DATED: IZ/7 ,2002 . (ATTACH NOTARY ACKNOWLEDGMENTS) 23 ¡S-(pl 12-04-2002 08:48am From- T-48T P,002/002 F-530 - -..- [PAGE THREE OF THREE SIGNATURE PAGES TO SUPPLEMENTAL [SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTAY RANCH i VILLAGE SIX NEIGHBORHOOD R~ZA1JNIT11R-ZB UNIT I) i I i DE~ELOPER.S/OWNBRS; [ Ot~y Ranch Seven, LLC, a California. limited liability oompll11Y i i By: Authorized Member By: [ I DiED: Ot~, Ranch R·2a, LLC a ,2002 By: Ïomia limited liability company Authorized Member - DAIfED: By: ~~..... í3Jlwl~ Iz./r /" z .2002 . (A'ITACH NOTARY ACKNOWLEDGMENTS) ~ /5-b ~ [PAGE THREE OF THREE SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SIX NEIGHBORHOOD R-2A UNIT 17R~2BUNIT 11 DEVELOPERS/OWNERS: Otay Ranch Seven, C, a California limited liability company By: By: DATED: /;J..( c..¡ ,2002 Otay Ranch R-2a, LLC a California limited liability company By: Authorized Member By: DATED: ,2002 (ATTACH NOTARY ACKNOWLEDGMENTS) - 15-"3 List of Exhibits Exhibit A Exhibit B Legal Description of Property Performance Bonds 15-&-+ EXHIBIT A LEGAL DESCRIPTIONS NEIGHBORHOOD R-2A UNIT 1/R-2B UNIT 1 Portions oflots I and 2 according to map thereof No. 14447, Chula Vista Tract No. 02-05 Otay Ranch, Village Six "A" Map Unit 2 No. I in the City of Chula Vista, County of San Diego, State ofCaIifornia, filed in the office of the County Recorder of San Diego County on September 18, 2002. /5 - ~5 EXHIBIT "B" CHULA VISTA TRACT NO. 02-05 OT A Y RANCH, VILLAGE SIX, NEIGHBORHOOD R-2A UNIT 1/R-2B UNIT 1 BOND BOND AMOUNT BOND NUMBER Tentative Map Condition No. Grading $ 2,670,350.00 3SM0452990 116 Drainage & Erosion $ 3,197,000.00 3SM0452980 116 Control Pedestrian Bridge $ 994,002.00 3SM04886000 63 & 64 Performance Bond La Media Rd. $ 538, 641.00 N/A 48 Birch Rd $ 484,791.00 N/A 48 / S - {p(p RE~J?~ING REQUEST BY: Ci~y Clerk WHÐ, RECORDED MAIL TO: CIT£ OF CHULA VISTA 276 Fourth Avenue Ch~la 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 OTA Y RANCH VILLAGE SIX NEIGHBORHOOD R-5 (Conditions: 1,2,3,4,5,8,10,1 1,12,13, 17,20,22,24,25,28,31, 34,48,50,51,53,60,62,63,64,66,69, 70,81,93,95,99,100,104,' 107,110,111,116,121,123,129,134,135,142,154,155,156,157, 158,165,166,170,174,179,180,181,182, and 183 of Resolution No. 2002-089) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this_day of ,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 DeJaware Limited Liability Company, ("Developer" or "Grantor"), 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 ChuIa Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of Otay Ranch Village 6, a rnaster planned development. For purposes of this Agreement the term "project" shall also mean "Property". Developer has applied for a final map for the Property, more specifically known as Otay Ranch, Village Six, Neighborhood R-5. B. Otay Project L.P. conveyed title to Neighborhood R-5 to Otay Ranch VI-I, LLC on December 11, 2002. 1 j5-{'7 C. Developer and/or Developer's predecessor in interest has applied for and the City ha, approved Tentative Subdivision Map commonly referred to as ChuIa Vista Tract 02-05 ("T cntativc Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution No. 2002-089 ("Resolution") on March 26, 2002, pursuant to which it has approved a 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 the final map of the property known as Otay Ranch, Village Six, Neighborhood R-5 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 rneaning set forth herein, unltiss oth~rwise specifically indicated: I. For the purposes of this Agreement. "Final Map" means the final map for Otay Ranch, Village Six, R-5. 2. "Owner or Developer" rneans 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 rnap. This includes Otay Project L.P. and any and all owners ofreal property within the boundaries of the Property. 3. "guest builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. 4. "PFFP" means the Otay Ranch Village Six SPA Plan Public Facilities Finance Plan adopted by Resolution No. 2002-022 as may be amended rrom time to time. 5. "RMP 2" rneans the Otay Ranch Resource Management Plan, Phase 2, approved by the City Council on June 4, 1996, as may be amended rrom time to time. 6. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with the duties and responsibilities described therein. 7. "Lots CPF-Ix andR-2bx" refers to the Common Useable Open Space lot on the Tentative Subdivision Map. 8. "Village Six SPA" means the Village Six Sectional Planning Area Plan as 2 15-~g adopted by the City Council on January 22, 2002 pursuant to Resolution No. 2002-022. 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 all obligations 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 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 of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and dernonstrates, 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. , ~ 15-iP'1 d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project suhject 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 ofIndividual 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 withhoJd 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 Agreernent 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 reJease 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 Agreernent, such lot or parcel shall be automatically released from the encumbrance hereof. 3. Condition No.l- (General Preliminary) In satisfaction of Condition No.1 of the Resolution, Developer hereby agrees that 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 term "Developer" shall also mean "Applicant". 4. Condition No.2 - (General Preliminary). In satisfaction of Condition No. 2 of the Resolution, Developer agrees to comply with all reqllirements and guidelines of the City of ChuIa Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual; Chula Vista Design Manual; Otay Ranch General Development Plan, Otay Ranch Resource Managernent Plan, PhaSe 1 and Phase 2; Ranch Wide AffordabJe Housing Plan; Otay Ranch Overall Design Plan; Second-Tier Environmental Impact Report (EIR 98-01); Otay Ranch Village Six Sectional Planning Area (SPA) Plan and supporting documents including: Public Facilities Finance Plan; Parks, Recreation, Open Space and Trails PJan; SPA Affordable Housing Plan; and the Non- 4 15-70 Ren::wabJe 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 appropriate department head. with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 5. Condition No.3 - (General Preliminary). In satisfaction of Condition No.3 of the Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be irnplemented 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 revoke or modify all approvals herein granted including issuance of building pennits, 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 Developer agrees to 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 the City. 6. Condition No.4 - (General Preliminary). In satisfaction of Condition No.4 of the ResoJution, Developer agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 7. Condition No.5 (General Preliminary). In satisfaction of Condition No.5 of the Resolution, Developer agrees to comply with all applicable Village Six SPA conditions of approval, (PCM 99-15) as may be amended from time to tirne. 8. Condition No.8 - (General Preliminary). In satisfaction of Condition No.8 of the Resolution, a reserve fund program has been established by ResoJution No. 18288 for the funding of the fiscal Impact of New Development (F .I.N .D.) Model for the Otay Ranch Project. The Developer agrees to provide funds to the Reserve Fund as required by the Reserve Fund Program. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Developer agrees to participate in the funding of the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services gove¡;ned by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs in the Project and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP. 9. Condition No. 10 - (General Preliminary). In satisfaction of condition No. 10 of the Resolution, the Developer agrees to comply with the terms of the Conveyance Agreement, as may be amended from time to tirne, adopted by Resolution No. 18416 by the City Council on 5 IS· '7/ October 22, J 996 ("Conveyance Agreement"). to the satisfaction of the Director of Planning and Building. ] O. Condition No. ]] - (General Preliminary). In satisfaction of condition No. 11 of the Resolution, Developer agrees that should any of these conditions conflict with the Olympic Parkway Financing and Construction Àgreement approved by Council Resolution 19410, the Olympic Parkway Financing and Construction Agreement shall control ]]; Condition No. 12 - (Environmental). In satisfaction of condition No. 12 of the Resolution, the Developer agrees to implement, to the satisfaction of the Director of Planning and Building, all environmental impact mitigation measures identified in Final EIR 98-01 (SCH#200l 04] 033), the candidate CEQA Findings and Mitigation Monitoring and Reporting Program (Final EIR 98-0 I) for this project. 12. Condition No. 13 - (Environmental). In satisfaction of condition No. 13. of the Resolution, the Developer agrees to comply with all applicable requirements ofthe California State Water Resources Quality Control Board. The Developer further agrees that prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the Developer shall comply with all applicable requirements prescribed in the Otay Ranch Village Six Second-Tier Environmental Impact Report (EIR 98-0I)(SCH#200I04J033), and Mitigation Monitoring and Reporting Program. 13. Condition No. ] 7 - (Environmental). In satisfaction of condition No. 17 of the Resolution, the Developer agrees that simultaneously with conveyance of land to the Preserve Owner/Manager (POM) in fee title or by easement, the Developer agrees to cease all cattle grazing on the land to be conveyed. In addition, the Developer agrees to ensure through the maintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle from adjacent areas cannot access the land being conveyed. In addition, Developer agrees to comply with the requirements of the RMP, Phase Two, Range Managernent Plan to the satisfaction of the Director of Planning and Building. 14. Condition No. 20 - (Environmental). In satisfaction of condition No. 20 of the Resolution, upon request of the Director of Planning and Building, the Developer agrees to execute a maintenance agreement with the City or its designee for the Otay Ranch Preserve. ]5. Condition No. 22 - (Noise Barrier Plan). In satisfaction of condition No. 22 of the Resolution, the Developer agrees that the approved noise barrier plan shall be incorporated into the wall and fence plan, a component of the Landscape Master Plan. Should the Developer request modification of the approved wall and fence plans, Developer agrees to provide additional acoustical analysis if required by the Director of Planning and Building. The Developer further agrees that the noise barriers shall be constructed within dedicated open space lots and shall not be constructed on private property. 6 I 5 - '7r:9- ] 6. Condition No. 24 - (Noise Barriers). In satisfaction of condition No. 24 of the Resolution, the Developer agrees that unless required noise barriers are constructed, no building permits shall be issued for those lots within the noise contour of 65 CNEL or greater as described in the Noise Technical Report for Otay Ranch Village Six, dated September 24, 2001, unless earlier modified by agreement with the City ofChula Vista, CTV or its successor in interest, and Applicant. All noise barrier design and construction adjacent to SR-I25 shall be coordinated with the City of Chula Vista, CALTRANS, and CTV or its successor in interest. Noise barrier design and construction adjacent to SR- 125 may be modified should a subsequent acoustical study demonstrate to the satisfaction of the Director of Planning and Buildingthat the applicable noise standards will be achieved by a modified design. 17. Condition No. 25 - (Good Faith Coordination). In satisfaction of condition No. 25 of the Resolution, the Developer agrees to make a good-faith effort to coordinate development and impJementation of the Village Six SPA Plan Area with all other developers within Village Six including phasing, grading, improvements and dedication of right-of-way. ]8. Condition No. 28 - (Multi-Family Lots). In satisfaction of condition No. 28 of the Resolution, the Developer agrees that the subsequent development of a multi-family lot which does not require the filing of a "B" map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer. 19. Condition No. 31 - (Sign Plans). In satisfaction of condition No.3 I of the Resolution, prior to issuance of the first building permit, Developer agrees to submit for review and approval a sign program to the director of Planning and Building. Prior to issuance of the first building permit, Developer agrees to post temporary signs on all neighborhoods within the Project indicating the future Jand use(s) for said sites with signage consistent with the sign program. Temporary signs shall be maintained in place until such time as a project is approved for any such future land use site. 20. Condition No. 34 - (Street Trees). In satisfaction of condition No. 34 of the Resolution, the Developer agrees to install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Street trees, which have been selected from the revised list of appropriate tree species described in the Village Six Village Design Plan, Village Six SPA Plan and Landscape Master Plan, shall be approved by the Director of Planning and Building and Director of Public Works. Prior to the installation of any dry utilities, including but not limited to cable, teJephone, gas or electric lines, Developer agrees to complete preliminary street improvement plans that show the location of all future street trees, which will be subject to the review and approval of the Director Building & Park Construction and the Director of Planning & Building. Prior to any utility installation, wood stakes shall be placed by the Developer on site according to approved preliminary street tree plans and shall be painted a bright color and labeled as future street tree 7 /5-í3 location. Developcr further agrecs to provide City documcntation, acceptable by the Director Building & Park Construction and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Developer will maintain street tree identification stakes in location as shown on approved preliminary plans until all dry utilities are in place. A street tree improvement plan, including rnaiJbox locations, shall be submitted for review and subject to the approval of the Director ofPJanning and Building and the City Enginecr prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. 21. Condition No. 48 - (Public Facilities). In partial satisfaction of condition No. 48 of the Resolution, the Developer agrees to construct and secure in accordance with Section 18.16.220 of the Municipal Code, the required street improvements for facilities 9 & 10, which consists of Birch Road from Magdalena Avenue to La Media Road, and La Media Road frorn Santa Venetia Street to Birch Road. (The bonds descriptions and amounts are listed in Exhibit "B" attached.) 22. Condition No. 50 - (PFDIF). In satisfaction of condition No. 50 of the Resolution, the Developer agrees to participate in the funding of revisions of the Public Facilities Development Impact Fee (PFmF) Program, which shall be prepared by the City, as directed and requested by the City Manager or his designee and subject to the approval of the City Council. The Developer will receive appropriate credit for such participation. 23. Condition No. 51- (Traffic Signals). In partial satisfaction of condition No. 51 of the resolution, the Developer agrees to construct and secure fully activated traffic signals, including interconnected wiring intersections of Magdalena Avenue and Birch Road, and Birch Road and La Media Road. The Developer agrees to fully design the aforementioned traffic signal in conjunction with the irnprovement plans for the related streets. The developer agrees to install underground improvements, standards and luminaires in conjunction with the construction of the applicable street improvements. The Developer further agrees to install mast arm, signal heads, and associated equipment when traffic signals warrant as determined by the City Engineer. 24. Condition No. 53 - (Fire Dept. Codes). In satisfaction of condition No. 53 of the resolution, the Developer agrees to comply with the Fire Department's codes and policies for Fire Prevention, as may be amended from time to time. The Developer agrees to provide the following items either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible rnaterials on any construction site on the Proj ect, whichever occurs earlier: 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. 8 /5'-1f b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface. with a minimum standard width of20 feel. c. Street signs installed to the satisfaction of the Department of Public Works. Temporary street signs shall be subject to the approval of the Department of Public Works and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the Department of Public Works and Fire Department. 25. Condition No. 60 - (Transit Facilities). In satisfaction of condition No. 60 of the Resolution, the Developer agrees to not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. 26. Condition No. 62 - (ADA). In satisfaction of condition No. 62 of the Resolution, the Developer agrees to construct sidewalks and construct pedestrian ramps on all walkways to meet "American 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 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 by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 27. Condition Nos. 63 & 64 - (pedestrian Bridge Funding Mechanism). In partial satisfaction of condition No. 63 & 64 of the Resolution, Developer agrees that no production horne building permits shall be issued for the project until an Ordinance, establishing a Pedestrian Bridge Development Impact Fee (DIF) for Village 6 is in full force and effect. Developer shall provide, contemporaneously with this Agreernent, sufficient security in an amount equal to the Developer's fair share contribution of the construction cost of the Village 6 Pedestrian Bridges. The security shall be in a form approved by the City Attorney (the bond description and amount are listed in Exhibit B attached). Said security shall be reJeased when the mF is established and in full force and effect. Notwithstanding the requirement that the DIF for the pedestrian bridges be in full force and effect, building permits may be issued upon the payment of a deposit in an amount per each dwelling unit to be determined in the sole discretion of the City Engineer. 29. Condition No. 66 - (private Facilities). In satisfaction of condition No. 66 of the Resolution, the Developer agrees to not install privately owned water, reclaimed water, or other utilities crossing any public street. The installation of sleeves for future construction of privately owned facilities may be allowed subject to the review and approval of the City Engineer if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: 9 1:5..15 I. Apply for an encroachment permit for installation of the private facilities within the public right-of-way; and, 11. Maintain membership in an advance notice such as the USA Dig Alert Service; and, Ill. Mark out any private facilities owned by the developer whenever work is performed in the area; and, IV. 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 at those Jocations where private facilities traverse public streets. 30. Condition No. 69 - (Street Names). .In satisfaction of condition No. 69 of the Resolution, prior to approval of each final map, Developer agrees to install permanent street name signs, and agrees to install such signs prior to the issuance of the first building permit for production homes for the applicable fmal map. 31. Condition No. 70. - (Traffic Count Stations). In satisfaction of condition No. 70 of the Resolution, Developer agrees to construct and secure the installation of permanent traffic count stations, subject to the approval of the City Engineer, as indicated as follows, one count station at the following streets: La Media Road, Olympic Parkway, and Birch Road. The traffic count stations shall be installed at such specific locations as determined by the City Engineer during processing of the applicable improvement plans. 32. Condition No. 81 - (NPDES). In satisfaction of condition No. 81 of the ResoJution, the Developer agrees to the following: a. That 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 (NPDES) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations or requirements; b. To file a Notice of Intent with the State Water Resources ControJ 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 Storm 10 / 5-1~ Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities; c. That 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; d. To comply with all the provisions of the NPDES 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; e. To design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer; f. That the San Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01) and that the permit includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development; and g. To comply with all relevant City regulations and policies including, but not limited to, incorporation into the design and implementation of the Project temporary and permanent structural Best Management Practices and non- structural mitigation measures that would reduce pollution of storm water runoff to the maximum extent practicable. 33. Condition No. 93 - (Grading and Drainage). In satisfaction of condition No. 93 of the Resolution, prior to the approval of the first map for the Project, or issuance of the first grading permit for the Project, whichever occurs earlier, 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. IndemnifY, 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 Applicant, any agent or employee, subcontractors, or others. The applicant's 11 /5-77 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 Storm 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. 200]-01, NPDES No. CASO] 08758 Municipal Permit as determined by the City Engineer. d. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessrnent, which may be irnposed due, to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. Such Developer obligation may be reassigned to a Master Homeowner's Association or other appropriate Maintenance District subject to the approval of the City Engineer. 34. Condition No. 95- (Sewer). In satisfaction of condition No. 95 of the Resolution, the DeveJoper agrees to participate and shall thereafter participate in any necessary funding for impJementing and updating the Poggi Canyon sewer trunk rnonitoring program, as determined by the City Engineer. 35. Condition No. 99 - (parks and Open Space). In satisfaction of condition No. 99 of the Resolution, the Developer agrees that the Village Six Project shalJ satisfY the reqtùrements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres oflocal parks and reJated improvernents per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. The Project's Neighborhood Park portion of the Jocal park reqtùrement shall be satisfied through the provision of a 7.0 net-acre Neighborhood Park (P-l). The remaining reqtùrement shall be satisfied in a future Community Park through the payment of fees, dedication ofland, or a combination thereof in a manner acceptable to the Director Building and Park Construction. Common useable open space (CUOS) Lots CPF-Ix and R-2bx shall not receive park credit. 36. Condition No. 100 - (Community Parkland Obligation). In satisfaction of condition No. J 00 of the Resolution, the Developer shall satisfY its community parkland obligation in a manner consistent with Chula Vista Municipal Code Chapter 17. The community parkland obligation will be included within a proposed community park to be located within a service radius of Village Six. The location of the community parkland obligation is subject to the approval of the Director Building and 12 /S-7g Park Construction. 37. Condition No.1 04 - (Landscape Master Plan). In partial satisfaction of condition No. J 04, upon request of the Director Building and Park Construction, the Developer agrees to update the Project's Landscape Master Plan to confornl to any substantial changes made subsequent to the initial approval of the Plan. 38. Conditión No. 107 - (Erosion Control). In partial satisfaction of condition No. 107 of the Resolution, the Developer agrees to install landscape, trail and irrigation slope erosion control in accordance with approved plans no later than six months from the date of issuance of the grading permit. If the work cannot be compJeted within the specified time, the Developer may request an extension, which may be granted at the discretion of the Director of Planning & Building. Such a request shall be submitted for approval in writing to the Planning & Building Department sufficiently in advance of the end of the six-month timeframe to allow processing of the extension. Notwithstanding the time of installation of landscape, trail and irrigation slope erosion control, Developer agrees to remain in compliance with NPDES. 39. Condition No. 110 - (Certificate of Deposit). In satisfaction of condition No. 11 0 of the Resolution, prior to the issuance of a building permit for the 250'h dwelling unit for the Project, the Developer agrees to provide the City with either a letter of credit or a certificate of deposit naming the City as beneficiary in the sum equal to two-thirds of the full cost of park P- I construction, pursuant to the PAD Fees in effect at that tirne. The letter of credit or certificate of deposit shall be in a form acceptable to the City. The letter of credit or certificate of deposit shall be released upon applicant's fulfillment of its obligation for the park P- I but may, upon request, be incrementally reduced in value as park construction progresses in the discretion of the Director Building and Park Construction. 40. Condition No. 111- (IOD of Park P-l). In satisfaction of condition No. III of the Resolution, the Developer agrees that Park site (P-I) shall include public access to the satisfaction of . the Director Building and Park Construction. The park net acreage and the park Parkland Dedication Ordinance (PLDO) credit to be received by the Developer is based on net usable park acreage as detennined solely by Director Building and Park Construction. Upon request ITom the Director Building and Park Construction, Developer agrees to provide an all weather access road to the park site to the satisfaction of the Fire Marshal and Chief of Police and at no cost to the City. 41. Conditions No. 116 - (Trails). In satisfaction of conditions No. 116 of the Resolution, the Developer agrees to secure and construct the following trail: A 6' wide neighborhood trail connector within a 12' easernent ITom Mount Bullion Drive in R-5 down to Olympic Parkway. Final trail design, alignment and construction details, including fencing and signage, shall be shown on grading plans and shall be subject to approval by the Director Building & Park Construction and the Director ofPIamúng & Building. Developer further agrees to construct the trail contemporaneously with installation of permanent erosion control landscaping and irrigation 13 }5-11 for the project. Developer further agrees that security for the trail shall be included as part of the grading, drainage and erosion control bonds for the project. Portions of those bonds (listed in Exhibit "B") in an amount sufficient to secure trail improvements shall not be released until compJetion of the trail. Completion of the trail improvernents and the amount of security to be withheld shall be solely determined by Director of the Office of Building and Parks Construction. 42. Condition No. 121 - (Trail Signage). In satisfaction of condition No. 121 of the Resolution, the Developer agrees to obtain the approval of the Director of Building and Park Construction for appropriate signage indicating location oftrail connections, handicap access, and bikeway locations to the Regional Trail, Village Pathway, and Chula Vista Greenbelt. Said signage shall be included on the Landscape and Irrigation Improvernent Plan. The developer agrees to install trail signage for trail connections, handicap access, and bikeway locations to the Regional Trail, Village Pathway, and Chula Vista Greenbelt upon the request of the Director Building and Park Construction and Director of Planning and Building. 43. Condition No. 123 - (Landscape and Irrigation Plans). In satisfaction of condition No. 123 of the Resolution, the Developer agrees to prepare and secure, to the satisfaction of the City Engineer and the Director Building & Park Construction, for parkway and median 1andscape and irrigation plans. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the Village Six SPA Plan, as may be amended from time to time. The Deve10per further agrees to install all improvements in accordance with approved plans to the satisfaction of the Director of Bui1ding & Park Construction and the City Engineer. 44. Condition No. 129 - (Common Usable Open Space). In satisfaction of condition No. 134 of the Res01ution, the Deve10per agrees that Lot CPF-6, Common Usable Open Space areas as described in the Chu1a Vista Design Manual, shall be landscaped, graded and contain amenities to the satisfaction of the Director of Building and Park Construction. Construction shall be completed prior to the issuance of the finaJ buiJding permit in either Neighborhoods R-5 or R-9a for CPF-6, whichever occurs earlier. 45. Condition No. 134 - (Maintenance District). In satisfaction of condition No. 134 of the Resolution, the DeveJoper agrees to not protest formation or inclusion in a maintenance district or zone for the rnaintenance of landscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. 46. Condition No. 135 - (Open Spaee Deposit). In satisfaction of condition No. 135 of the Resolution, prior to issuance of any grading permit which includes permanent Landscaping and Irrigation (1&1) improvements to be installed in an open space lot to be maintained by the Community FaciJity District (CFD), the Deve10per agrees to place a cash deposit, or other funding mechanism acceptable to the City, in the City's s01e discretion, with the City which will guarantee the rnaintenance of the L&I improvements until the City accepts said improvernents. In the event the improvements are not maintained to City standards as determined by the City Engineer and the Director of Building & 14 /5--80 Park Construction, the deposit shall be used to perform the maintenance. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months, ("Minimum Deposit Amount"), as determined by the City Engineer. Any unused portion of said deposit may be incorporated into the CFD' s Reserve Account. or returned to the Developer, according to the following: a. If, six months prior to the scheduled date of acceptance of Landscape and Irrigation improvements for maintenance by the CFD, the Reserve Account is less than the Minimum Deposit Amount, the difference between these two amounts shall be incorporated into the Reserve Account, or; a. If the Reserve Account is at or above the Minimum Deposit Amount, the unused portion of the deposit may be retumed to the Developer in 6 equal monthly increments over the last six month's of the maintenance period if the maintenance is being accomplished to the satisfaction of the Director Building & Park Construction. 44. Condition No. 142 - (Easements). In satisfaction of condition No. J48 of the Resolution, the Developer agrees to design landscape and irrigation plans such that street tree pJacement is not in conflict with the visibility of any traffic signage. The Developer shall be responsible for the removal of any obstructions of said traffic signs to the satisfaction of the City Engineer. 45. Condition No. 154 - (Supplemental Agreement). In satisfaction of condition No. 154 of the Resolution, the developer agrees to the following: a. That the City may withhold buiJding permits for the Project if anyone of the following occur: 1. Regional deveJopment threshold limits set by a Chula Vista transportation phasing plan, as amended from time to time, have been reached or in order to have the Project comply with the GTowth Management Program, as may be amended from time to time. ii. Traffic volumes, levels of service, public utiJities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective GTowth Management Ordinance, and GTowth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. 15 /5-g/ II). The required public facilities. as idcntified 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. The Applicant agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch Village Six SPA ifthe required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. a. To defend, indemnify and hold harmless the City and its agents, officers an 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 approvaJ 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 Applicant of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 16 /5-g3 c. Permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City ofChula Vista. conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista, the condition of such grant being that: 1. Such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate the placement ofsuch conduits; and \1. Any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and 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. Developer hereby conveys to the City ofChula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. 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 harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 48. Condition No. 155- (Congestion Management & Regional Impact Fee Programs). In satisfaction of condition No. 155 of the Resolution, the Developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). 17 /s-gf b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 49. Condition No. ]56- (Previous Agreements). In satisfaction of condition No. 156 of the Resolution, the Developer agrees to comply with all previous agreements as they pertain to the tentative map. 50. Condition No. ] 57 - (Street Sweeping). In satisfaction of condition No. ] 57 of the Resolution, the Developer agrees to cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after the completion of all punch list items, whichever is shorter. The developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. 51. Condition No. ]58- (Regional Impact Fee). In satisfaction of condition No. 158 of the ResoJution, the Developer agrees to equitably participate in any future regional impact fee program for regional facilities should the region enact such a fee program to assist in the construction of such facilities. The Developer further agrees to not protest the formation of any potential future regional benefit assessment district formed to finance regional facilities. 52. Condition No. ]65 - (Compliance). In satisfaction of condition No. 165 of the Resolution, the Developer agrees install all public facilities in accordance with the Village Six Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold standards adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The applicant further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as may be amended from time to time by the City. Said Chapter incJudes but is not limited to ThreshoJd Standards (19.09.040) Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.J 00). 53. Condition No. ]66 - (Interim Facilities). In satisfaction of condition No. 166 of the Resolution, the Developer agrees to that the maintenance and dernolition of a1I interim facilities (public facilities, utilities and improvements) is the Applicant's responsibility, and that construction, maintenance and demolition bonds will be required to the satisfaction of the City Engineer. 54. Condition No. ]70 - (Annual Report). In satisfaction of condition No. 170 of the Resolution, Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CYMC) and the Otay Ranch General Developrnent Plan (GDP), and as they may be amended from time to time, the Developer agrees to complete the following: (1) Fund the preparation of an annual report monitoring the development of the community ofOtay Ranch. The annual monitoring report will analyze the supply of, and dernand for, public facilities and services governed by the threshold 18 /5 -gs standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 55. Condition No. 174 - (Adjoining Walls). In satisfaction of condition No. 174 of the Resolution, prior to Developer constructing a solid masonry, view wall or like wall which will adjoin a wall constructed by a different developer, a transition wall plan shall be submitted to the City and is subject to the approval of the Director of Planning and Building. Developer agrees to work together with other developers of Village Six to the satisfaction of the Director of Planning and Building in order to construct transitions between adjoining walls. 56. Condition No. 179 - (Compliance). In satisfaction of condition No. 179 of the Resolution, the Developer agrees to comply with all applicable sections of the ChuJa Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of ChuIa Vista Subdivision Ordinance and Subdivision Manual. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 57. Condition No. 180 - (Fees). In satisfaction of condition No. 180 of the Resolution, the Developer agrees to pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Developrnent Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim 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. 58. Condition No. 181- (Compliance). In satisfaction of condition No. 181 of the Resolution, the Developer agrees to Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer agrees to be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 59. Condition No. 182- (Special Taxes and Assessments). In satisfaction of condition 19 15,'3" No. J82 of the Resolution, the Developer agrees to ensurc that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. The developer agrees to submit the disclosure form for approval by the City Engineer prior to Final Map approval. 60. Condition No. 183- (Growth Management). In satisfaction of condition No. 183 of the Resolution, the Developer 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.] 00). 61. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes partial or full satisfaction of Developer's obligation of Conditions: (1,2,3,4,5,8, ] 0, 1],12, 13, ] 7, 20,22,24,25,28,31,34,48,50,5],53,60,62,63,64,66, 69, 70, 81, 93, 95, 99, ]00, ]04, 107, ]]0,1]1,1]6,121, ]23, ]29,]34, 135,142, 154, J55, 156, 157, 158, 165,166, 170, 174, 179, 180, 181, 182, and 183 of the Resolution. DeveJoper further understands and agrees that some of the provisions herein may be required to be performed or accornplished prior to the approval of other final maps for the Project, as may be appropriate. 62. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfuJfilled conditions of approval of the Tentative Subdivision Map, established by the Resolution and shall remain in compliance with and implement the terms, conditions and provisions therein. 63. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Maps. 64. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits and all other permits for the entire Village Six SPA 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 defmed in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned, have not been cornpleted or constructed to the satisfaction of the City. 65. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by Jaw 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 20 ¡s-g7 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 L.P. 350 W. Ash St., Suite 730 San Diego, CA 92101 Attn: Chuck Cater Fax (619) 336-3112 Otay Ranch VI-I,LLC, 3820 Valley Centre Drive San Diego, CA 92130 Attn: 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 agreernent 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. 21 /~~gg c. 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 hislher 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 originaJ 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. f. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto are incorporated by reference into this Agreement. g. Attorneys' Fees. If either party commences litigation for the judicial interpretation, refonnation, enforcement or rescission hereof. the prevailing party wil1 be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevaiJing party" shal1 be deemed to be the party who is awarded substantial1y the relief sought. [NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES] 22 ) 5 ~ g~ ¡PAGE ONE OF THREE SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OT A Y RANCH VILLAGE SIX NEIGHBORHOOD R-S] CITY OF CHULA VISTA Mayor of the City ofChula Vista Attest: Susan BigeJow City Clerk Approved as to Form: John M. Kaheny City Attorney [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 23 J '5 ·'c}O J: \" '). L' "L ;!: )')1\1.1. THE OTAY RANCH CO NO.4335 P. 3 [PAGE TWO OF THREE SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEME!'I'T FOR THE OT A Y RANCH VILLAGE SIX NEIGHBORHOOD R-S) DEVELOPERS/O\VNERS: Otay Project L.P., a California limited partnership By: Otay Ranch Development, LLC, a Delaware limited liability company, A_riudLF By: ~ DATED: IZ/:3" ,2002 . (ATTACH NOTARY ACKNOWLEDGMENTS) 24 /5-9 I DEC. 4.2002 3:05PM NO.659 P.2/2 .. [pAGE THREE OF THREE SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE I SIX NEIGHBORHOO:g;ß~:;.n , I DEVELOPERS/O'!,VNERS: ! Otay Ranch VI-I, rLC, a I Authorized Member B)_f6", ~ltrJ r'~ I .. By: .. DATED: J ~ IH ~f)~ , 2002 , I . ! .. (ATTACH NOTARY ACKNOWLEDGMENTS) .. 25 .. /5-9a- List of Exhibits Exhibit A Exhibit B Legal Description of Property Performance Bonds IS",q~ EXHIBIT A LEGAL DESCRIPTIONS NEIGHBORHOOD R-5 Lots 6, 7, 8 and 9 according to map thereof No. 14446, Chula Vista Tract No. 02-05 Otay Ranch, Village Six "A" Map Unit I No. J 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 September 18, 2002. /5-ql · EXHIBIT "B" CHULA VISTA TRACT NO. 02-05 OT A Y RANCH, VILLAGE SIX, NEIGHBORHOOD R-5 BOND BOND AMOUNT BOND NUMBER Tentative Map Condition No. Grading $ 2,670,350.00 3SM0452990 J ]6 Drainage & Erosion $ 3,197,000.00 3SM0452980 116 Control Pedestrian Bridge $ 994,002.00 3SM04886000 63 & 64 Performance Bond La Media Rd. $ 538, 641.00 N/A 48 Birch Rd $ 484,791.00 N/A 48 /5-15 ¡5..q~ REC0?.DING REQUEST BY, City Clerk WHEN RECOP.DED MAIL TO, CITl 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 OTA Y RANCH VILLAGE SIX NEIGHBORHOOD R-9A UNIT I (Conditioru;: 1,2,3,4,5,8,10, I 1,12,13, 17,20,22,24,25,28,31, 34,48,50, 5J, 53, 60, 62,63, 64, 66,69, 70,81,93,95,99,100,104, 107,II~IJI,I23,129,134,I35,142,154,I55,156,I57,I58,165, 166, 170,174, 179, 180, 181, 182, and 183 of Resolution No. 2002- 089) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this_day of ,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 Delaware Limited Liability Company, ("Developer" or "Grantor"), 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, rnore particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of Otay Ranch Village 6, a master planned developrnent. For purposes of this Agreement the term "projeèt" shall also mean "Property". Developer has applied for a fmal map for the Property, more specifically known as Otay Ranch, Village Six, Neighborhood R-9A Unit 1. I /s,Q7 B. Otay Project L.P. conveyed title to Neighborhood R-9A UnitJ to Otay Ranch Nine, LLC on September 25,2002. 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 02-05 (nTentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution No. 2001-089 ("Resolution") on March 26, 2002, pursuant to which it has approved a 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 the final map of the property known as Otay Ranch, Village Six, Neighborhood R-9A UNIT I 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 the final map for Otay Ranch, Village Six, R-9A UNIT I. 2. "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 alJ owners of real property within the boundaries of the Property. 3. "guest builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. 4. "PFFP" means the Otay Ranch Village Six SPA Plan Public Facilities Finance Plan adopted by Resolution No. 2002-022 as may be amended from time to time. 5. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2, approved by the City Council on June 4,1996, as may be amended from time to time. 6. "Preserve/Owner Manager" is the entity or entities defmed by the RMP 2 with the duties and responsibilities described therein. 2 /5..9"8 7. "Lots CPF-Ix and R-2bx" refers to the Common Useable Open Space lot on the Tentative Subdivision Map. 8. "Village Six SPA" means the Village Six Sectional Planning Area Plan as adopted by the City Council on January 22, 2002 pursuant to Resolution No. 2002-022. NOW, THEREFORE, in exchange for the mutual covenants, tern1S 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 all obligations 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 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 rernain a covenant running with the land. The City shall not withhold its consent to any such request for a release so , .J J5-c¡1 long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations ofthe DeveJoper under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it reJates 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 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 ofIndividuaI Lots. Upon the occurrence' of any ofthe 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 unrler 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 wj]] 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 reJease of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, i) at the close of an individual horneowner's escrow, or ii) conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 3. Condition No.1 - (General Preliminary) In satisfaction of Condition No. I of the Resolution, Developer hereby agrees that 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 term "Developer" shall also mean "Applicant". 4. Condition No.2 - (General Preliminary). In satisfaction of Condition No.2 of the ResoJution, Developer agrees to comply with all requirements and guidelines of the City ofChuIa 4 15- /00 Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual; Chula Vista Design Manual; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase J and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Second-Tier Environmental Impact Report (EIR 98-01); Otay Ranch Village Six Sectional PJanning Area (SPA) Plan and supporting documents including: Public Facilities Finance Plan; Parks, Recreation, Open Space and Trails Plan; SPA 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 appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 5. Condition No.3 - (General Preliminary). In satisfaction of Condition No.3 of the ResoJution, Developer hereby agrees that if any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and rnaintained 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 revoke or modify all approvals herein granted including issuance ofbuiJding permits, 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 Developer agrees to 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 the City. 6. Condition No.4 - (General Preliminary). In satisfaction of Condition No.4 of the Resolution, Deve10per agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report and subsequent environmenta1 review for the Project and any or all entitJements and approvals issued by the City in connection with the Project. 7. Condition No.5 (General Preliminary). In satisfaction of Condition No.5 of the ResoJution, Developer agrees to comply with all applicable Village Six SPA conditions of approval, (PCM 99-15) as may be amended from time to time. 8. Condition No.8 - (General Preliminary). In satisfaction of Condition No.8 of the Resolution, a reserve fund program has been established by Resolution No. 18288 for the funding of the Fiscal Impact of New Developrnent (F .I.N.D.) Model for the Otay Ranch Project. The Developer agrees to provide funds to the Reserve Fund as required by the Reserve Fund Program. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Developer agrees to participate in the funding of the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential 5 /5- /01 occupancy occurs in the Project and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D ofthe GDP/SRP. 9. Condition No. 10 - (General Preliminary). In satisfaction of condition No. 10 of the Resolution, the Developer agrees to comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. ] 84] 6 by the City Council on October 22, ] 996 ("Conveyance Agreement"), to the satisfaction of the Director of Planning and BuiJding. 10. Condition No. ll- (General Preliminary). In satisfaction of condition No. I] of the Resolution, Developer agrees that should any of these conditions conflict with the Olympic Parkway Financing and Construction Agreement approved by Council Resolution ] 94] 0, the Olympic Parkway Financing and Construction Agreement shall control II. Condition No. 12 - (Environmental). In satisfaction of condition No. ]2 of the Resolution, the Developer agrees to implement, to the satisfaction ofthe Director of Planning and Building, all environmental impact mitigation measures identified in Final EIR 98-01 (SCH#200I04]033), the candidate CEQA Findings and Mitigation Monitoring and Reporting Program (Final EIR 98-0 J) for this project. 12. Condition No. 13 - (Environmental). In satisfaction of condition No. I3 of the Resolution, the Developer agrees to comply with all applicable requirernents of the California State Water Resources Quality Control Board. The Deve]oper further agrees that prior to any activity that may potentia11y impact biological resources, such as clearing and grubbing, the Developer shall comply with all applicable requirements prescribed in the Otay Ranch Village Six Second-Tier Environmental Impact Report (EIR 98-0])(SCH#200104I033), and Mitigation Morutoring and Reporting Program. 13. Condition No. 17 - (Environmental). In satisfaction of condition No. 17 of the Resolution, the Developer agrees that simultaneously with conveyance of land to the Preserve Owner/Manager (POM) in fee title or by easement, the Developer agrees to cease a11 cattle grazing on the land to be conveyed. In addition, the Deve]oper agrees to ensure through the maintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle from adjacent areas cannot access the land being conveyed. In addition, Developer agrees to comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction of the Director of Planning and Building. 14. Condition No. 20 - (Environmental). In satisfaction of condition No. 20 of the Resolution, upon request of the Director of Planning and Bui]ding, the Developer agrees to execute a maintenance agreement with the City or its designee for the Otay Ranch Preserve. 6 15-/0~ 15. Condition No. 22 - (Noise Barrier Plan). In satisfaction of condition No. 22 of the Resolution, the Developer agrees that the approved noise harrier plan shall be incorporated into the wall and fence plan, a component of the Landscape Master Plan. Should the Developer request modification of the approved wall and fence plans, Developer agrees to provide additional acoustical analysis if required by the Director of Planning and Building. The Developer further agrees that the noise barriers shall be constructed within dedicated open space lots and shall not be constructed on private property. 16. Condition No. 24 - (Noise Barriers). In satisfaction of condition No. 24 of the Resolution, the Developer agrees that unless required noise barriers are constructed, no building permits shall be issued for those lots within the noise contour of 65 CNEL or greater as described in the Noise Technical Report for Otay Ranch Village Six, dated September 24,2001, unless earlier modified by agreement with the City ofChula Vista, CTV or its successor in interest, and Applicant. All noise barrier design and construction adjacent to SR-I25 shall be coordinated with the City of ChuIa Vista, CAL TRANS, and CTV or its successor in interest. Noise barrier design and construction adjacent to SR- 125 may be modified should a subsequent acoustical study demonstrate to the satisfaction of the Director of Planning and Building that the applicable noise standards will be achieved by a modified design. 17. Condition No. 25 - (Good Faith Coordination). In satisfaction of condition No. 25 of the Resolution, the Developer agrees to make a good-faith effort to coordinate development and implementation of the Village Six SPA Plan Area with all other develQpers within Village Six incJuding phasing, grading, improvernents and dedication of right-of-way. 18. Condition No. 28 - (Multi-Family Lots). In satisfaction of condition No. 28 of the Resolution, the Developer agrees that the subsequent development of a multi-family lot which does not require the filing of a "B" map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer. 19. Condition No. 31 - (Sign Plans). In satisfaction of condition No. 31 of the Resolution, prior to issuance of the first building permit, Developer agrees to submit for review and approval a sign program to the director of Planning and Building. Prior to issuance of the flIst building permit, Developer agrees to post temporary signs on all neighborhoods within the Project indicating the future land use(s) for said sites with signage consistent with the sign program. Temporary signs shall be maintained in place until such tirne as a project is approved for any such future land use site. 20. Condition No. 34 - (Street Trees). In satisfaction of condition No. 34 of the ResoJution, the Developer agrees to install all street trees in accordance with Section 18.28. I 0 of the ChuJa Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved 7 IS" / 03 by the Director of Planning and Building. Street trees, which have been selected from the revised list of appropriate tree species described in the Village Six Village Design Plan, Village Six SPA Plan and Landscape Master Plan, shall be approved by the Director of Planning and Building and Director of Public Works. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Developer agrees to complete preliminary street improvement plans that show the location of all future street trees, which will be subject to the review and approval of the Director Building & Park Construction and the Director of Planning & Building. Prior to any utility installation, wood stakes shall be placed by the Developer on site according to approved preliminary street tree plans and shall be painted a bright color and labeled as future street tree location. Developer further agrees to provide City documentation, acceptable by the Director Building & Park Construction and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Developer will maintain street tree identification stakes in location as shown on approved preliminary plans until all dry utilities are in place. A street tree improvement plan, including mailbox locations, shall be submitted for review and subject to the approval of the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvernent plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. 21. Condition No. 48 - (Public Facilities). In partial satisfaction of condition No. 48 of the Resolution, the Developer agrees to construct and secure in accordance with Section 18. I 6.220 of the Mumcipal Code, the required street improvements for facilities 9 & 10, which consists of Birch Road from Magdalena A venue to La Media Road, and La Media Road frorn Santa Venetia Street to Birch Road. (The bonds descriptions and amounts are listed in Exhibit "B" attached.) 22. Condition No. 50 - (PFDIF). In satisfaction of condition No. 50 of the Resolution, the Developer agrees to participate in the funding of revisions ofthe Public Facilities Development Impact Fee (PFmF) Program, which shall be prepared by the City, as directed and requested by the City Manager or his designee and subject to the approval of the City Council. The Developer will receive appropriate credit for such participation. 23. Condition No. 51- (Traffic Signals). In partial satisfaction of condition No. 51 of the resolution, the Developer agrees to construct and secure fully activated traffic signals, including interconnected wiring intersections of Magdalena Avenue and Birch Road., and Birch Road and La Media Road. The DeveJoper agrees to fully design the aforementioned traffic signal in conjunction with the improvement plans for the related streets. The developer agrees to install underground improvements, standards and luminaires in conjunction with the construction of the applicable street improvements. The Developer further agrees to install rnast arm, signal heads, and associated equipment when traffic signals warrant as determined by the City Engineer. 8 /5-/0¥-- 24. Condition No. 53 - (Fire Dept. Codes). In satisfaction of condition No. 53 of the resolution, the Developer agrees to comply with the Fire Department's codes and policies for Fire Prevention, as may be amended from time to time. The Developer agrees to provide the folJowing items either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project, whichever occurs earlier; a. Water supply consisting of fire hydrants as approved and indicated by the Fire Departrnent during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicJe access consisting of a minimum first layer of hard asphaIt surface or concrete surface, with a minimum standard width of20 feet. c. Street signs installed to the satisfaction of the Department of Public Works. Temporary street signs shall be subject to the approval of the Department of Public Works and Fire Department. Locations and identification of temporary street signs shall be subject to review and approvaI by the Department of Public Works and Fire Department. 25. Condition No. 60 - (Transit Facilities). In satisfaction of condition No. 60 of the Resolution, the DeveJoper agrees to not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. 26. Condition No. 62 - (ADA). In satisfaction of condition No. 62 of the Resolution, the Developer agrees to construct sidewalks and construct pedestrian ramps on all walkways to meet "American 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 are in conflict with the standards and approvals contained herein, all such approvaIs conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federaI law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 27. Condition Nos. 63 & 64 - (pedestrian Bridge Funding Mechanism). In partiaI satisfaction of condition No. 63 & 64 of the Resolution, Developer agrees that no production home buiJding permits shaIl be issued for the project until an Ordinance, establishing a Pedestrian Bridge Development Impact Fee (DIF) for Village 6 is in full force and effect. Developer shall provide, contemporaneously with tlùs Agreement, sufficient security in an amount equal to the Developer's fair share contribution of the construction cost of the Village 6 Pedestrian Bridges. The security shall be in a fonn approved by the City Attorney (the bond description and amount are listed in Exhibit B attached). Said security shalJ be released when the mF is established and in full force and effect. Notwithstanding 9 I S -I oS the requirement that the DIF for the pedestrian bridges be in full force and effect, building permits may be issued upon the payment of a deposit in an amount per each dwelling unit to be determined in the sole discretion of the City Engineer. 29. Condition No. 66 - (Private Facilities). In satisfaction of condition No. 66 of the Resolution, tbe Developer agrees to not install privately owned water, reclaimed water, or other utilities crossing any public street. The installation of sleeves for future construction 'of privately owned facilities may be allowed subject to the review and approval of the City Engineer ifthe following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: 1. Apply for an encroachment permit for installation of the private facilities within the public right-of-way; and, 11. Maintain membership in an advance notice such as the USA Dig Alert Service; and, 111. Mark out any private facilities owned by the developer whenever work is performed in the area; and, IV. 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 at those locations where private facilities traverse public streets. 30. Condition No. 69 - (Street Names). In satisfaction of condition No. 69 of the Resolution, prior to approval of each fmal map, Developer agrees to install permanent street name signs, and agrees to install such signs prior to the issuance of the ftrst building permit for production homes for the applicable final map. 31. Condition No. 70. - (Traffic Count Stations). In satisfaction of condition No. 70 of the Resolution, Developer agrees to construct and secure the installation of permanent traffic count stations, subject to the approval of the City Engineer, as indicated as follows, one count station at the following streets: La Media Road, Olympic Parkway, and Birch Road. The traffic count stations shall be installed at such speciftc locations as determined by the City Engineer during processing of the applicable improvement plans. 10 I 6 - IOþ 32. Condition No.8] - (NPDES). In satisfaction of condition No.8 I of the Resolution, the Developer agrees to the following: a. That 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 (NPDES) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations or requirements; b. To 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; c. That 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; d. To comply with all the provisions of the NPDES 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 improvernents, and construction of dwelling units; e. To design the Project's stonn drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer; f. That the San Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01) and that the permit includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development; and g. To comply with all relevant City regulations and policies including, but not limited to, incorporation into the design and implementation of the Project temporary and permanent structural Best Management Practices and non- structural mitigation measures that would reduce pollution of storm water runoff to the maximum extent practicable. 11 /S-ID7 33. Condition No. 93 - (Grading and Drainage). In satisfaction of condition No. 93 of the Resolution, prior to the approval of the first map for the Project, or issuance of the first grading permit for the Project, whichever occurs earlier. Developer agrees to the fol1owing: a. Comply with the requirements of the new Municipal Storm Water Permit (Order No. 200I-OJ) issued by the San Diego Regional Water Quality Control Board including revision of plans as necessary. b. Indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against al1 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 Applicant, any agent or employee, subcontractors, or others. The applicant's indemnification shal1 include any and al1 costs, expenses, attorney's fees and liability incurred by the City. c. That the City Engineer rnay require incorporation of Standard Urban Storm 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 determined by the City Engineer. d. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to fmance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shal1 not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. Such Developer obligation may be reassigned to a Master Homeowner's Association or other appropriate Maintenance District subject to the approval of the City Engineer. 34. Condition No. 95- (Sewer). In satisfaction of condition No. 95 of the Resolution, the Developer agrees to participate and shall thereafter participate in any necessary funding for implementing and updating the Poggi Canyon sewer trunk monitoring program, as determined by the City Engineer. 35. Condition No. 99 - (parks and Open Space). In satisfaction of condition No. 99 of 12 IS - / D~ the Resolution. the Developer agrees that the Village Six Project shall satisfY the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres oflocal parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. The Project's Neighborhood Park portion of the local park requirement shall be satisfied through the provision of a 7.0 net-acre Neighborhood Park (P- I). The remaining requirement shall be satisfied in a future Community Park through the payment of fees, dedication o[]and, or a combination thereof in a manner acceptable to the Director Building and Park Construction. Common useable open space (CUOS) Lots CPF-Ix and R-2bx shall not receive park credit. 36. Condition No. 100 - (Community Parkland Obligation). In satisfaction of condition No. 100 of the Resolution, the Developer shall satisfY its community parkland obligation in a manner consistent with Chula Vista Municipal Code Chapter 17. The community parkland obligation will be included within a proposed community park to be located within a service radius of Village Six. The location of the community parkland obligation is subject to the approval of the Director Building and Park Construction. 37. Condition No. 104 - (Landscape Master Plan). In partial satisfaction of condition No. 104, upon request of the Director BuiJding and Park Construction, the Developer agrees to update the Project's Landscape Master Plan to conform to any substantial changes rnade subsequent to the initial approval of the Plan. 38. Condition No. 107 - (Erosion Control). In partial satisfaction of condition No. 107 of the Resolution, the Developer agrees to install landscape, trail and irrigation slope erosion control in accordance with approved plans no later than six months &om the date of issuance of the grading permit. If the work cannot be completed within the specified time, the Developer may request an extension, which may be granted at the discretion of the Director of Planning & Building. Such a request shall be submitted for approval in writing to the Planning & Building Department sufficiently in advance of the end of the six-month time&ame to allow processing of the extension. Notwithstanding the time of installation of landscape, trail and irrigation slope erosion control, DeveJoper agrees to remain in compliance with NPDES. 39. Condition No. no - (Certificate of Deposit). In satisfaction of condition No. I 10 of the Resolution, prior to the issuance of a building permit for the 250d' dwelling unit for the Project, the Developer agrees to provide the City with either a letter of credit or a certificate of deposit naming the City as beneficiary in thè sum equal to two-thirds of the full cost of park P-I construction, pursuant to the PAD Fees in effect at that time. The letter of credit or certificate of deposit shall be in a form acceptable to the City. The letter of credit or certificate of deposit shall be released upon applicant's fulfillment of its obligation for the park P- I but may, upon request, be incrernentally reduced in value as park construction progresses in the discretion of the Director Building and Park Construction. 13 /6 - / óC) 40. Condition No. 111- (lOD of Park P-I). In satisfaction of condition No. ] I] of the Resolution, the Developer agrees that Park site (P-l) shall include public access to the satisfaction of the Director Building and Park Construction. The park net acreage and the park Parkland Dedication Ordinance (PLDO) credit to be received by the Developer is based on net usable park acreage as determined soleJy by Director Building and Park Constmction. Upon request from the Director Building and Park Construction, Developer agrees to provide an all weather access road to the park site to the satisfaction of the Fire Marshal and Chief of Police and at no cost to the City. 41. Condition No. 123 - (Landscape and Irrigation Plans). In satisfaction of condition No. J 23 of the Resolution, the Developer agrees to prepare and secure, to the satisfaction of the City Engineer and the Director Building & Park Construction, for parkway and median landscape and irrigation plans. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the Village Six SPA Plan, as may be amended from time to tirne. The Developer further agrees to install all improvements in accordance with approved plans to the satisfaction of the Director of Building & Park Construction and the City Engineer. 42. Condition No. 129 - (Common Usable Open Space). In satisfaction of condition No. 134 of the Resolution, the Developer agrees that Lot CPF-6, Common Usable Open Space areas as described in the Chula Vista Design Manual, shall be landscaped, graded and contain amenities to the satisfaction ofthe Director of Building and Park Construction. Construction shall be completed prior to the issuance of the final building permit in either Neighborhoods R-5 or R-9a for CPF-6, whichever occurs earlier. 43. Condition No. 134 - (Maintenance District). In satisfaction of condition No. 134 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. 44. Condition No. 13S - (Open Space Deposit). In satisfaction of condition No. 135 of the Resolution, prior to issuance of any grading permit which includes permanent Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the Community Facility District (CFD), the Developer agrees to place a cash deposit, or other funding mechanism acceptable to the City, in the City's sole discretion, with the City which will guarantee the maintenance of the L&I improvernents until the City accepts said improvements. In the event the improvements are not maintained to City standards as determined by the City Engineer and the Director of Building & Park Construction, the deposit shall be used to perform the rnaintenance. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six rnonths, ("Minimum Deposit Amount"), as determined by the City Engineer. Any unused portion of said deposit may be incorporated into the CFD's Reserve Account, or returned to the DeyeJoper, according to the following: 14 IS-I/O a. If, six months prior to the scheduled date of acceptance of Landscape and Irrigation improvements for maintenance by the CFD, the Reserve Account is Jess than the Minimum Deposit Amount, the difference between these two amounts shall be incorporated into the Reserve Account, or; a. If the Reserve Account is at or above the Minimum Deposit Amount, the unused portion of the deposit may be returned to the Developer in 6 equal monthly increments over the last six rnonth 's of the maintenance period if the maintenance is being accomplished to the satisfaction of the Director Building & Park Construction. 45. Condition No. 142 - (Easements). In satisfaction of condition No. 148 of the Resolution, the Developer agrees to design landscape and irrigation plans such that street tree placement is not in conflict with the visibility of any traffic signage. The Developer shall be responsible for the removal of any obstructions of said traffic signs to the satisfaction of the City Engineer. 46. Condition No. 154- (Supplemental Agreement). In satisfaction of condition No. 154 of the Resolution, the developer agrees to the following: a. That the City may withhold building permits for the Project if anyone of the following occur: 1. Regional development threshold limits set by a Chula Vista transportation phasing plan, as amended ITom time to time, have been reached or in order to have the Project compJy with the Growth Management Program, as may be amended ITom time to time. 11. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. 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 15 /5-/1/ approved by the City's Director of Planning and Building and the Public Works Director. The Applicant agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch Village Six SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. a. To defend, indemnify and hold harmless the City and its agents, officers an 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 66499.37 of the State Map Act provided the City promptly notifies the Applicant of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. Permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City ofChula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of ChuJa Vista, the condition of such grant being that: 1. Such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate the placernent of such conduits; and 11. Any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and 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 tirne be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City detennines appropriate, including revocation of said grant upon detennination by the City of Chula Vista that they have violated the conditions of grant. 16 15-I/r d. That the City may withhold the issuance of building penn its 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 harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 47. Condition No. 155- (Congestion Management & Regional Impact Fee Programs). In satisfaction of condition No. 155 of the Resolution, the Developer agrees to the following: a. 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. 48. Condition No. 156- (previous Agreements). In satisfaction of condition No. 156 of the Resolution, the Developer agrees to comply with all previous agreements as they pertain to the tentative map. 49. Condition No. 157 - (Street Sweeping). In satisfaction of condition No. 157 of the Resolution, the Developer agrees to cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after the completion of all punch list items, whichever is shorter. The developer further agrees to provide the City Special Operations Manager with a copy of the rnemo requesting street sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. 50. Condition No. 158 - (RegionaIImpact Fee). In satisfaction of condition No. 158 of the Resolution, the Developer agrees to equitably piu-ticipate in any future regional impact fee program for regional facilities should the region enact such a fee program to assist in the construction of such facilities. The Developer further agrees to not protest the fonnation of any potential future regional benefit assessment district fonned to fmance regional facilities. 51. Condition No. 165 - (Compliance). In satisfaction of condition No. 165 of the Resolution, the Developer agrees install all public facilities in accordance with the Village Six Public 17 /5-1/3 Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold standards adopted by the City. The City Engineer may modifY the sequence of improvement construction should conditions change to warrant such a revision. The applicant further agrees to cornply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Managernent Ordinance) as may be amended rrom time to time by the City. Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public Facilities Plan ImpJementation (19.09.090) and Threshold Compliance Procedures (19.09.1 00). 52. Condition No. 166 - (Interim Facilities). In satisfaction of condition No. 166 of the Resolution, the Developer agrees to that the maintenance and demolition of all interim facilities (public faciJities, utilities and improvements) is the Applicant's responsibility, and that construction, maintenance and demolition bonds will be required to the satisfaction of the City Engineer. 53. Condition No. 170 - (Annual Report). In satisfaction of condition No. 170 of the Resolution, Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended from time to time, the Developer agrees to complete the following: (I) Fund the preparation of an annual report monitoring the development of the community ofOtay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shalJ adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifYing targeted submittal dates for future discretionary applications (SPA's and tentative maps), projected construction dates, corresponding public faciJity needs per the adopted threshold standards, and identifYing financing options for necessary facilities. 54. Condition No. 174 - (Adjoining Walls). In satisfaction of condition No. 174 of the Resolution, prior to Developer constructing a solid masonry, view wall or like wall which will adjoin a wall constructed by a different developer, a transition wall plan shall be submitted to the City and is subject to the approval of the Director of Planning and Building. Developer agrees to work together with other developers of Village Six to the satisfaction of the Director of Planning and Building in order to construct transitions between adjoining walls. 55. Condition No. 179 - (Compliance). In satisfaction of condition No. 179 of the Resolution, the Developer agrees to comply with all appJicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shalJ be in accordance with the provisions of the Subdivision Map Act arid the City of ChuIa Vista Subdivision Ordinance and Subdivision Manual. Underground all utilities within the subdivision in accordance with Municipal Code requirernents. 56. Condition No. 180 - (Fees). In satisfaction of condition No. 180 of the Resolution, the Developer agrees to pay the following fees in accordance with the City Code and Council Policy: 18 /s-//f a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees. incJuding but not limited to sewer connection fees. d. Interim SR-I25 impact fee. e. Poggi Canyon Sewer Basin DIF. Pay the amount of said fees in effect at the tirne of issuance of building permits. 57. Condition No. 181- (Compliance). In satisfaction of condition No. 181 :of the ResoJution, the Developer agrees to Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer agrees to be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 58. Condition No. 182- (Special Taxes and Assessments). In satisfaction of condition No. 182 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. The developer agrees to submit the disclosure form for approval by the City Engineer prior to Final Map approval. 59. Condition No. 183- (Growth Management). In satisfaction of condition No. 183 of the Resolution, the Developer agrees to compJy with Chapter 19.09 of the ChuIa Vista MunicipaJ Code (Growth Management) as may be amended fi-om 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 fmance plan amendment procedures (19.09.1 00). 60. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes partiaJ or full satisfaction of Developer's obligation of Conditions: (1,2,3,4,5,8, 10, 11, 12, 13, 17, 20,22,24,25,28,31,34,48,50,51,53,60,62,63,64,66, 69, 70, 81, 93, 95, 99,100,104,107, 110,111,123,129,134,135,142,154,155,156,157,158,165, 166, 170, 174, 179, 180, 181, 182, and 183 of the Resolution. Developer further understands and agrees that some of the provisions herein may be required to be performed or accornplished prior to the approval of other finaJ maps for the Project, as may be appropriate. 61. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Subdivision Map, established by the Resolution and shall remain in compliance with and implement the terms, 19 1 5 - / /S conditions and provisions therein. 62. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Maps. 63. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits and all other permits for the entire Village Six SPA 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. 64. 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 ]jeu 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 20 /5-I/Þ Otay Project L.P. 350 W. Ash St., Suite 730 San Diego, CA 92101 Attn: Chuck Cater Fax (6J9) 336-3J]2 ütay Ranch Nine, LLC Attn: 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 ofthis 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 from the fact that a party or his attorney prepared and/or drafted this Agreernent. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. 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 will be in a form approved by the City Attorney. f. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto are incorporated by reference into this Agreement. g. 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. 21 /5,/17 The "prevailing party" shall be deemed to be the party who is awarded substantially the reJiefsought. [NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES] 22 /5-/lf / II' AGE ONE OF THREE SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OT A Y RANCH VILLAGE SIX NEIGHBORHOOD R-9A ÙNIT 1] CITY OF CHULA VISTA Mayor of the City of Chula Vista Attest: Susan BigeJow City Clerk Approved as to Form: John M. Kaheny City Attorney [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 23 /5,//1 JoC, ,1":1 ": 54AM THE OTAY RA\C- CO NO. 4335 1. 2 [PAGE TWO OF THREE SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTA Y RANCH VILLAGE SIX NEIGHBORHOOD R-9A UNIT 1] DEVELOPERS/OWNERS: Otay Project L.P., a California limited partnership By: Otay Ranch DcveJopment, LLC, a Delaware limited liability company, AofuO",:* By: ~ DATED: Izh ,2002 (ATTACH NOTARY ACKNOWLEDGMENTS) 23 15-/~O [PAGE THREE OF THREE SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SIX NEIGHBORHOOI?,ß:?A:UNItlr.;:;:r¡· DEVELOPERS/OWNERS: Otay Ranch Nine, LL ,a California limited liability company By: By: DATED: 1:;14 ,2002 , (ATTACH NOTARY ACKNOWLEDGMENTS) 25 /5-/;J-! List of Exhibits Exhibit A Exhibit B Legal Description of Property Performance Bonds /5- /;;;27- EXHIBIT A LEGAL DESCRIPTIONS NEIGHBORROOD R-9A UNIT I Lots ]2 and 13 according to map thereof No. 14446, Chula Vista Tract No. 02-05 Otay Ranch, Village Six "A" Map Unit I No. I 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 September 18, 2002. /5-/'d3 EXHIBIT "B" CHULA VISTA TRACT NO. 02-05 OTAY RANCH, VILLAGE SIX, NEIGHBORHOOD R-9A UNIT 1 BOND BOND AMOUNT BOND NUMBER Tentative Map Condition No. Grading $ 2,670,350.00 3SM0452990 116 Drainage & Erosion $ 3, 197,000.00 3SM0452980 116 Control Pedestrian Bridge $ 994,002.00 3SM04886000 63 & 64 Performance Bond La Media Rd. $ 538, 641.00 N/A 48 Birch Rd $ 484,791.00 N/A 48 IS--/'d-i- /5-/dS COUNCIL AGENDA STATEMENT Page 1, Item \ b Meeting Date: 12/10102 ITEM TITLE: A. A PUBLIC HEARING TO CONSIDER ADOPTION OF URGENCY ORDINANCE NO. 2886-B AMENDING CHAPTER 17.10 OF THE CHULA VISTA MUNICIPAL CODE, RELATING TO UPDATES IN THE PARKS ACQUISITION AND DEVELOPMENT (PAD) FEES TO PAY FOR VARIOUS PARK FACILITIES WITHIN THE CITY OF CHULA VISTA. B. A PUBLIC HEARING TO CONSIDER ADOPTION OF URGENCY ORDINANCE NO. 2887-B AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA. C. AN URGENCY ORDINANCE NO. 2886-B OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING CHAPTER 17.10 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PARKS ACQUISITION AND DEVELOPMENT (PAD) FEES TO PAY FOR PARKLAND ACQUISITION AND VARIOUS PARK FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY. D. AN URGENCY ORDINANCE NO. 2887-B OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY. REVIEWED BY: Director of Budget and Analysis ~ /1 [./ th City Manager;:'" 9\" (4/5 S Vote: Yes..lL.. No-1 SUBMITTED BY: BACKGROUND: On November 12, 2002, Council approved Urgency Ordinances No. 2886-A and 2887-A, which are effective for thirty days only. Ordinance 2886-A amended Chapter 17.10 of the Chula Vista Municipal Code, as detailed in the "Park Acquisition and Development Fee, 2002 Update" report, contributing to an increase in the in-lieu fees for park development and land acquisition. Ordinance 2887-A amended Chapter 3.50 of the Municipal Code, as detailed in the "Public Facilities DIF, November 2002 Amendment', adding a new recreation component to the Public Facilities DIF, updating the impact fee structure and increasing the overall fee. Ordinances 2886 and 2887 were adopted by Council on November 19, 2002 and will become effective 60 days thereafter. Adoption of the proposed Urgency Ordinances 2886-B and 2887 -B will enable the City to continue to collect the updated fees during the 60-day waiting period. RECOMMENDATION: That City Council adopt Urgency Ordinances 2886-B and 2887- B amending Chapters 17.10 and 3.50, respectively, of the Chula Vista Municipal Code, to be effective for a period of thirty (30) days from the date of adoption. I (P-( Page 2, Item \ b Meeting Date: 12/10/02 BOARDS AND COMMISSIONS: A formal presentation was provided to the Parks and Recreation Commission. Commissioners understood the necessity for the proposed increase. DISCUSSION: Chapter 17.10 of the Chula Vista Municipal Code, first adopted in 1971, details requirements for parkland dedication, park improvements and the collection of in-lieu fees (i.e., PAD fees) from developers of residential housing in subdivisions or in divisions created by parcel maps, both east and west of Interstate 805. PAD fees cover parkland acquisition and the cost of related capital items associated with parkland development, including: · Drainage Systems · Street Improvements · Lighted Parking Lots · Concrete Circulation Systems · Security Lighting · Park Fixtures (drinking fountains, trash receptacles, bicycle racks, etc.) · Landscaping (including disabled accessible surfacing) · Irrigation Systems · Restrooms and Maintenance Storage · Play Areas (tot lots, etc.) · Picnic Shelters, Tables, Benches · Utilities · Outdoor Sports Venues (tennis courts, baseball/softball fields, basketball courts, soccer fields, skateboard and roller blade venues) In addition to parks-related items, a 1987 revision called for the dedication, within community parks, of major recreation facilities to serve newly developing communities, including: · Community centers · Gymnasiums · Swimming pools Historically, however, PAD fees have not been sufficient to construct these additional large capital items. At this time, attempting to cover the estimated $31.8 million construction cost to build the City's planned major recreation facilities as required in the Parks and Recreation Master Plan would prohibitively increase the PAD fee, andlor make it necessary to finance one or more of the projects. It is recommended instead that, henceforth, major recreation facilities be funded not with PAD fees but through an alternative mechanism - a newly created component of the Public Facilities DIF for major recreation facilities. This arrangement will create a number of benefits. Utilizing available PFDIF fund balances, the likelihood is greater that the City will be able to build, as currently phased, planned major recreation facilities. In addition, it is less likely that those facilities will incur financing charges due to the availability of PFDIF fund balances. J to ' ¡;., Page 3, Item I Þ Meeting Date: 12/10/02 The development community also benefits. The proposed arrangement would reduce developers' initial capital outlays by allowing developers to defer payment of applicable dwelling unit fees from the final map to the much later permit stage. PAD fees would continue to be utilized to pay for parkland acquisition and development of the parks- related facilities listed above, for which they were originally intended. Proposed PAD Fee Increase The current PAD fee schedule has been in effect since 1991, with a single adjustment by City Council on April 3, 2001. The 2001 adjustment was based on a 10-year Building Cost Index (BCI) percentage increase, as allowed for in Municipal Code Chapter 17.10. Such an adjustment, however, could not account for actual increases in construction costs, actual land values, and other local growth conditions. As detailed in the Park Acquisition and Development Fee, 2002 Update, the proposed increase in the PAD fee is prompted by changes to those three factors. First, the in-lieu fee for land acquisition has not been adjusted since 1991. The underlying land value has remained at $217,800 per acre and only recently revalued by appraisal to $412,857 per acre. Second, the construction cost estimate for basic neighborhood and community park development (excluding major recreation facilities), has increased from $302,253 to $334,679 per acre since 2001 (assuming a single family dwelling unit base). Third, the current PAD fee is based on a persons per household (PPH) estimate established in 1987 and based on the 1980 census. Since that time, SANDAG data indicates that PPH has increased from 3.22 to 3.52 to account for the greater proportion of 4- and 5-bedroom single family homes in the City and the resultant larger average household size per dwelling unit. The City has seen a similar increase in multi-family PPH. The current and proposed PAD fees are detailed in Table 1 below. Table 1. Single Familv Multi-Familv FEE Current ProlJosed Current ProlJosed Land $2,115 $4,346 $1,440 $3,225 Acquisition Site $2,935 $3,523 $2,013 $2,615 Development TOTAL $5,050 $7,869 $3,453 $5,840 Development projects which have received tentative map approval as of November 12, 2002 shall not be required to contribute additional park acreage based on the revised persons per household factors cited above. Proposed PFDIF Increase On March 26, 2002, City Council adopted a new ordinance increasing the Public Facilities DIF (PFDIF) from $2,618 to $4,888 per equivalent dwelling unit. Since that time, staff have followed through on a Council directive to study the feasibility of creating separate PFDIF allocations for four primary land use categories, similar to the Transportation DIF - single family residential, multi-family residential, commercial, and /1.," J; Page 4, Item \ (0 Meeting Date: 12/10/02 industrial. Principally utilizing service demand factors from the recently updated Fiscal Impact of New Development (FIND) model, PFDIF fees were recalculated for the ten existing project components plus a new fee calculated for the new recreation component which will fund major recreation facilities situated within community parks. The current and proposed PFDIF is detailed in Table 2 below. It is noteworthy is that the fee for industrial land uses declined significantly, from $20,860 per acre to $3,848 per acre. Also, despite the addition of the new recreation component, overall fees for residential and commercial land uses had only modest increases or actually decreased. This resulted from a combination of factors, including higher than expected cash balances (leading to higher earned interest offsets) and reductions in some component costs (such as police) due to lower than anticipated financing costs. Table 2. Cu"ent Proposed Land Use T e Fee Fee SinQle Family DwellinQ $4,888 $5,048 Multi-Family DwellinQ $4,888 $4,726 Commercial Acre $20,860 $20,764 Industrial Acre $20,860 $3,848 The fees, facility phasing schedules, and PFDIF cash reserves detailed in the Public Facilities OfF, November 2002 Amendment are based on a specific rate of growth which, if lower than projected, will require a reevaluation of those fees, facility phasing schedules and cash reserves. It is staff's intent to provide Council with an analysis in early 2003 of the impacts of varying rates of growth on fees, facility phasing and operating revenues. Prepayment of (PFDIF) fees Developers will continue to have the opportunity to prepay Civic Center Expansion component fees, at a reduced rate. Terms remain unchanged except for the final prepayment date which has been moved to March 31, 2003. Funding for the police facility project was obtained earlier this year and, thus, developers can no longer opt to prepay this component. The new recreation component of the PFDIF The major capital items to be included in the new component are: community centers, gymnasiums, swimming pools, and senior/teen centers. Based on the Parks and Recreation Master Plan, 140,595 square feet of major recreation facilities will be required to meet new development growth through buildout at a gross construction cost of $31.8 million. Since the demand for major public recreation facilities is created by residential development, facilities costs will not be spread to commercial/industrial development I &r If Page 5, Item I~ Meeting Date: 12/10/02 FISCAL IMPACT: The PAD fee increase will provide the funds necessary to construct the planned 70-acre community park in the Otay Ranch as well as funds for various neighborhood parks. The revised fee will have only a minimal effect on the funding for the Sunbow, Eastlake Trails, Rolling Hills and San Miguel Ranch community parks since these projects have already paid all or most of their PAD fee obligation. It is important to re-emphasize that the PFDlF program fees, facility phasing schedules, and cash reserves are based on a specific rate of growth. If the actual rate of growth is lower than projected, fee levels, facility phasing and cash reserves will need to be reevaluated. Facilities included in the new recreation component total $31.8 million, of which $29.9 million will come from fees collected through the PFDIF program and from direct developer funding required by past agreements. The City and its major developers have agreed to establish January 1, 2000 as the date for determining new development's remaining obligation for recreational facilities. As part of the overall agreement with developers concerning the new recreation component, the City will contribute $912,549 toward construction of the requisite facilities. In addition, under the terms of an agreement originally entered into with the Eastlake Development Company in 1996, the City will be providing $1,015,043 to be used specifically for construction of the new Eastlake gymnasium. Lastly, as previously mentioned, the reduction in the financing costs for the new police facility not only reduces the PFDIF debt obligation but the City's debt obligation as well. /I.e-S ORDINANCE NO. 2886-B URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 17.10 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PARKS ACQUISITION AND DEVELOPMENT FEES TO PAY FOR PARKLAND ACQUISITION AND VARIOUS PARK FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY WHEREAS, on November 19, 2002 the City Council adopted Ordinance 2886 which will increase the Park Acquisition and Development fee to finance public parks within the City of Chula Vista; and WHEREAS, pursuant to Government Code Section 66017(a), the fees increased by that ordinance will not become effective until sixty (60) days after adoption; and WHEREAS, developments in the City which will impact various parks will be applying for final map approval during the interim period before the development impact fee increase becomes effective; and WHEREAS, Government Code Section 66017(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, state law requires said urgency ordinance to be adopted by a four-fifths vote; and WHEREAS, cost estimates to develop the needed public parklands and park facilities have been updated; and WHEREAS, the cost to acquire suitable parkland has been updated; and WHEREAS, the average number of people occupying new households has increased, placing a greater impact on parks and recreation usage; and WHEREAS, the City Council adopted the Parks and Recreation Master Plan on November 12, 2002; NOW, THER~FORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1: Findinqs The City Council finds that developers of land within Chula Vista's General Plan area boundary should be required to mitigate the burden created by development through the payment of an impact fee for acquisition of public 7 C:IMy DocumentslP F D I F 20021Council Docs Nov 20021PAD Urgency Ord 2.doc j&-(, !~ parkland and development of public park facilities within the boundaries of the development and for public facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards; and The City Council finds, after consideration of the evidence presented to it including the "Park Acquisition & Development Fee, 2002 Update", that certain amendments are necessary in order to assure that there are sufficient funds available to finance the facilities necessary to maintain public service levels; and The City Council finds, based on the evidence presented at the meeting, the City's General Plan, the City's Parks & Recreation Master Plan, and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of park acquisition and development fees on all development for which final map approval has 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 public park facilities. SECTION 2: Findinq of Urqency That the City Council of the City of Chula Vista finds that it is necessary that its development impact fee for public parks go into effect immediately in order that all developers of properties in the City pay their fair share of the cost of public parks improvements relating to the impacts caused by their development. Immediate implementation of this fee is necessary due to the current and immediate threat to the public welfare that will result should there be a shortfall in the amount of money necessary to pay for the various public park facilities thereby resulting in a decline in service levels. The City Council finds that the prospect of a shortfall, inadequacy of park facilities for the public welfare 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 Sections 17.10.020, 17.10.040, 17.10.050, 17.10.060 and 17.10.100 of the Chula Vista Municipal Code shall be amended to read as follows: 17.10.020 Determination of park and recreational requirements benefiting regulated subdivisions. The park and recreational facilities for which dedication of land and improvements thereon and/or payment of a fee is required by this chapter shall be those facilities as herein set forth in CVMC /0-7 ./-- 17.10.050 and as generally set forth in the Parks and Recreation Master Plan and in the park and recreational element of the general plan of the city adopted by Resolution No. 3519 on September 22, 1964, and as thereafter amended. (Ord. 2243 § 1, 1987; Ord. 1668 § 1, 1976). 17.10.040 Area to be dedicated - Required when -Amounts for certain uses. The amount of parkland dedication required, in accordance with CVMC 17.10.010 through 17.10.110, is based on a standard of three acres per 1,000 people and shall be offered at the time of filing of the final map. The area to be dedicated shall be as follows: A. Single-family dwelling units, including single family detached homes and detached condominiums, 3.52 persons per dwelling unit, 460 square feet per unit, or one acre per 95 units; nit, or one acre per 134 units; B. Multiple-family dwelling units, including attached condominiums, townhouses, duplexes, triplexes and apartments, 2.61 persons per dwelling unit, 341 square feet per unit, or one acre per 128 units; C. Mobilehomes, 1.64 persons per dwelling unit, 214 square feet per unit, or one acre per 203 units; D. Residential and transient motels/hotels, 1.50 persons per dwelling unit, 196 square feet per unit, or one acre per 222 units. (Ord. 2243 § 1, 1987;Ord. 1806 § 1, 1978; Ord. 1668 § 1, 1976). Development projects which have received tentative map approval as of November 12, 2002, shall not be required to contribute additional acreage based on the revised persons per dwelling factors as set forth above. 17.10.050 Park development improvements -Specifications. In addition to the dedication of land as required in CVMC 17.10.040, it shall be the responsibility of the subdivider to develop all or a portion of such land for neighborhood or community park purposes to the satisfaction of the director of building and park construction. All parks shall include, to the satisfaction of the city, the following elements; meet the following minimum standards; and will be designed, developed, and maintained in accordance with the requirements of the city landscape manual and the Chula Vista Parks and Recreation Master Plan: A. Grading shall be in accordance with the grading ordinance, street design manual, the Chula Vista Parks and Recreation Master Plan, and the city landscape manual. B. Improvements that may be required by the city may include: I~-f( 1. Drainage system. 2. Street improvements. 3. Parking lot with lighting. 4. Concrete circulation system. 5. Security lighting system. 6. Park fixtures, including, but not limited to identification and informational signage, picnic tables, benches, trash receptacles, hot ash containers drinking fountains and bike racks, shall be provided and installed. 7. Landscaping, including trees, shrubs, ground cover, and turf. 8. Automatic irrigation system. 9. Restroom/maintenance facility. 10. Play areas, with equipment for preschoolers and primary school-age children, shall be installed. Disabled individual accessible surfacing shall be installed. 11. One picnic table shall be provided for every 600 people. Half of required number of picnic tables shall be provided under a shelter. 12. The following sports facilities (night lighting may be required for all of the following): a. One tennis court shall be provided for every 3,200 people. b. One baseball (Orqanized Adult) field shall be provided for every 12,200 people. c. One baseball (Orqanized Youth) field shall be provided for every 4.400 people. d. One baseball (Practice/Informal) field shall be provided for every 3,300 people. e. One softball field (Orqanized Adult) shall be provided for every 7.900 people. f. One softball field (Orqanized Youth) shall be provided for every 12.700 people. q. One softball field (Practicellnformal) shall be provided for every 2.850 people. e. h. One basketball court shall be provided for every 2,150 people. €I. i. One soccer field (Organized Games) shall be provided for every 5.400 people. i. One soccer field (Practicelinformal) shall be provided for every 2.450 people. C. All utilities shall be extended to the property line. D. (Ord. 2616 § 2,1994; Ord. 2243 § 1,1987; Ord. 1668 § 1, 1976). 17.10.060 Criteria for area to be dedicated. Acceptance of land for parkland is at the city council's discretion, and in exercising its discretion, the council may consider //ø-1 < , ¡ the following criteria, in addition to any other the council considers _ relevant: A. Topography, soils, soil stability, and drainage location of land in subdivision available for dedication. B. Size and shape of the subdivision and land available for dedication. C. Physical relationship of the site to the surrounding neighborhood. D. Location of the site with regard to accessibility to the residents of the neighborhood and its contribution to neighborhood security. E. The amount, usability, and location of publicly owned property available for combination with dedicated lands in the formation of public park and recreation facilities. F. Recommendation of the parks and recreation commission. An ofter of dedication may be accepted or rejected by the city council. G. Consistencv with the qoals and policies contained in the Chula Vista Parks and Recreation Master Plan. (Ord. 2243 § 1, 1987; Ord. 1961 § 1, 1982; Ord. 1668 § 1, 1976). 17.10.100 Collection and distribution offees. A. Prior to the recordation by the city of a final subdivision map or recordation by the city of a parcel map or release of either a final subdivision map or parcel map to a developer for recordation, any required fees shall have been paid to the city unless an agreement has been entered into between city, approved by the city cO,uncil, and the map applicant providing for the subsequent payment of the fee, but in no event later than 60 days after map approval. Said agreement shall provide that such payment shall be, to the satisfaction of the city manager and city attorney, adequately secured by sufficient surety or letter of credit, and shall further provide for interest from date of final map approval at city's average earnings rates, computed and compounded quarterly, experienced by the city on its average investments (as determined by the city) ("base interest rate"), for the first 60 days after map approval, and thereafter at the base interest rate plus two percentage points until paid, together with any attorney fees and costs incurred in enforcing said agreement. Notwithstanding any other provision of law, the city may withhold final or interim inspection of units for which bUilding permits may have been issued and may withhold issuance of additional building permits, certificates of occupancy if applicable, or any other processing of entitlements on any property or improvements included within the territory of the map so approved or otherwise owned by applicant, until the required fees are received by the city. Any land to be contributed for the purposes outlined in this chapter shall be dedicated to the city and shown on the final subdivision or parcel map at the time of approval. The director of finance shall be II; ~ /IJ · , responsible for the collection and distribution of fees as set forth in this chapter. B. Planned developments shall be eligible to receive a credit as determined by the city council, against the amount of land required to be dedicated, or the amount of the fee imposed, for the value of private open space within the development which is usable for active recreational uses. Such credit, if given, shall be determined on a case-by-case basis. (Ord. 2592 § 1, 1994; Ord. 2243 § 1, 1987; Ord. 1668 § 1, 1976). SECTION 5: Expiration of this ordinance This ordinance shall be of no further force and effect 30 days after its adoption. SECTION 6: Time limit for protest and judicial action Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall 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 of this ordinance. Section 7: Effective Date This Ordinance shall become effective immediately upon four-fifths vote. Presented by Approved as to form by ru r of Budget and Analysis elL YV~~t--..¡ {ih. John M. Kaheny City Attorney I & -II ORDINANCE NO. URGENCY ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY WHEREAS, the City Council is placing an ordinance on its first reading which will increase the development impact fee to finance public facilities within the City of Chula Vista; and WHEREAS, pursuant to Government Code Section 660I7(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 public facilities will be applying for building permits during the interim period before the development impact fee increase becomes effective; and WHEREAS, Government Code Section 660 I 7 (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, state law requires said urgency ordinance to be adopted by a four- fifths vote; and WHEREAS, cost estimates for the current list of needed public facilities have been updated; and WHEREAS, a new Recreation component of the PFDIF will include funding for major recreation facilities such as community centers, gymnasiums, and swimming pools; and WHEREAS, separate PFDIF allocation factors have been derived for four land use categories; and WHEREAS, the City Council adopted the Parks and Recreation Master Plan by Resolution , on November 12, 2002; NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follQWs: //ø-/J- SECTION I: Findings. The City Council finds that developers of land within Chula Vista's General Plan area boundary should be required to mitigate the burden created by development through the payment of an impact fee for construction of public facilities within the boundaries of the development and for public facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards; and The City Council finds that the legislative findings and determinations set forth in Ordinance No. 2855 continue to be true and correct; and The City Council finds, after consideration of the evidence presented to it including the "Public Facilities DIF, November 2002 Amendment", that certain amendments are necessary in order to assure that there are sufficient funds available to finance the facilities necessary to maintain public service levels; and The City Council finds, based on the evidence presented at the meeting, the City's General Plan, the City's Parks & Recreation Master Plan, and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of public facilities impact fees on all development 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 public facilities. 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 public facilities go into effect immediately in order that all developers of properties in the City pay their fair share of the cost of public facilities 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 that will result should there be a shortfall in the amount of money necessary to pay for the various public facilities thereby resulting in a decline in police and fire service levels. The City Council finds that the prospect of a shortfall, inadequacy of public safety facilities 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 Sections 3.50.010, 3.50.020, 3.50.030,3.50.050, 3.50.060, 3.50.090,3.50.140 and 3.50.150 of the Chula Vista Municipal Code shall be amended to read as follows: 2 /&-/3 3.50.010 General Intent. The city's general plan land use and public facilities elements require that adequate public facilities be available to accommodate increased population created by new development within the city ofChula Vista. The city council has determined that new development will create adverse impacts on the city's existing public facilities which must be mitigated by the financing and construction of certain public facilities which are the subject of this chapter. New development contributes to the cumulative burden on these public facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development. The city council has determined that a reasonable means of financing the public facilities is to charge a fee on all developments in the city of Chula Vista. Imposition of the public facilities development impact fee on all new development for which building permits have not yet been issued is necessary in order to protect the public safety and welfare thereby ensuring effective implementation of the city's general plan. 3.50.020 Definitions. For the purposes of this chapter, the following words or phrases shall be construed as defined in this section, unless rrom 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 as adopted by reference by this city. B. "Developer" means the owner or developer of a development. C. "Development permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the city. D. "Development project" or "development" means any activity described as the following: o Any new residential dwelling unit developed on vacant land; o Any new commercial/office or industrial development constructed on vacant land; o Any expansions to established developments or new developments on non-vacant land in those land use categories listed above, if the result is a net increase in dwelling units. The fee shall be based solely on this net dwelling unit increase. 3 liP - ¡if o Any new or expanding special land use project; o Any special purpose project developed on vacant land or non- vacant land, or expanded within a pre-existing site, if the result is a net increase in dwelling units. The fee shall be based solely on this net dwelling unit increase. o Any other development proj ect not listed above but described in Section 65927 and 65928 of the State Government Code. E. "Cornmunity purpose facility" means a facility which serves one of the following purposes: I. Social service activities, including such services as Boy Scouts and Girl Scouts, Boys and Girls Club, Alcoholic Anonymous and services for the homeless; 2. Public schools; 3. Private schools; 4. Daycare; 5. Senior care and recreation; 6. Worship, spiritual growth and development; F. "Special land use" means any non-residential, non-commercial/office or non-industrial development project (e.g., Olympic Training Center, hospitals, utilities), or non-special purpose project. G. "Special purpose project" means any for-profit community purpose facility (e.g. daycare). H. "Engineer report" refers to the April 20, 1993 "development impact fees for public facilities" report. 1. "Extraordinary proj ect cost increases" means increases resulting from costs that could not have been reasonably foreseen at the time a project budget was established. J. "Extraordinary dwelling unit change" means an increase or decrease in the number of remaining planned residential dwelling units or commercial/industrial acres for which building permits have not yet been pulled, which changes the existing total by more than 2,000 dwelling units or 200 commerciallindustrial acres. (Ord 2855'1, 2002). 4 I~- /S 3.50.030 Public Facilities to be Financed by the Fee. A. The public facilities ("facilities"), which are the subject matter of the fee, include buildings, equipment and related one-time start-up costs or portions thereof, as detailed in Subsection C below and in the engineer report on file in the office of the city clerk. B. The city council may modify or amend this list of facilities by written resolution in order to maintain compliance with the city's general plan or the capital improvement program. C. The facilities are as follows: 1. Civic Center Expansion 2. Police Department Facilities and Equipment 3. Corporation Yard Relocation/Expansion 4. Library System Expansion 5. Fire Suppression System Expansion 6. Geographic information system expansion; 7. Computer system expansion; 8. Telecommunication system expansion; 9. Records management system expansion. 10. Major recreation facilities (community centers, gymnasIUms, swimming pools). (Ord 2855'1, 2002). 3.50.050 Establishment of Fee. A developrnent impact fee ("fee"), is hereby established to pay for the facilities within the territory. The fee shall be paid upon the issuance of building permits for each development project within the city of Chula Vista, except that, at the discretion of the city manager, a developer may prepay all or part of civic center expansion fees that would be applicable to the developer's future development projects. Prepayment would occur at the then current rate; however, the developer has sole responsibility for paying subsequent fee increases resulting from (1) "extraordinary project cost increases", (2) normal annual adjustments in the Consumer Price Index (CPI) or Building Construction Index (BCI), or (3) "extraordinary dwelling unit changes". COrd 2855'1,2002). 3.50.060 Determination of Fees by Land Use Category. Development impact fees for single family, multi-family, commercial and industrial land uses shall be based on the demand for service generated by that land use, for each public facility set forth in CVMC 3.50.030: 5 /fø-/~ SERVICE DEMAND GENERATED BY LAND USE Single Multi- family family dwelling dwelling Commercial Industrial PUBLIC FACILITY unit unit Acre Acre Police Department Facilities and .1725 .4125 .3825 .0325 Equipment Corporation Yard .395 .288 .225 .092 Relocation/Expansion Library System Expansion .524 .476 .000 .000 (residential only) Fire Suppression System Expansion .380 .370 .200 .050 Major Recreation Facilities - .524 .476 .000 .000 (residential only) GENERAL GOVERNMENT Civic Center Expansion .357 .408 .201 .034 Geographic Information System .357 .408 .201 .034 Expansion Computer System Expansion .357 .408 .201 .034 Telecommunication System .357 .408 .201 .034 Expansion Records Management System .357 .408 .201 .034 Expansion Administration .357 .408 .201 .034 The rate for each special land use development project, as defined in Section 3.50.020, shall be equivalent to the commercial/office rate per gross acre of land. The Olympic Training Center shall be equivalent to the industrial rate per gross acre of land. The rate for each special purpose project, as defined in Section 3.50.020, shall be equivalent to one-half the commercial/office rate per gross acre of land. The charges shall be those outlined in Section 3.50.090.C. The fee multiplied by the total number of dwelling units or acres within a given development project represents a developer's fair share ("fair share") for that development project. 3.50.070 Time to Determine Amount Due. The fee for each development shall be calculated at the time of buiJding permit issuance and shall be the amount as indicated at that time, and not when the tentative map or final map were granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit, except that a developer of a development project providing low and/or moderate-income housing in accordance with Section Ill, Objective I of the 1991 housing element of the general plan may request authorization to prepay or defer the fee for up to 500 EDUs and said request may be approved at the sole discretion of the city manager. In order to facilitate those low and/or moderate-income projects which are planned for construction through March 24, 2005, 6 I ¿, -17 the fee for said projects shal1 be the fee existing as of March 25, 2002. (Ord 2855'1, 2002). 3.50.090 Amount of Fee. A. The fee shal1 be the amounts set forth in Section 3.50.090.B and C. The city council may adjust the amount of this fee as necessary to reflect changes in the costs of the facilities as may be reflected by such index as the council deems appropriate, such as the Engineering-News Record Construction Index, or such other basis; changes in the type, size, location or cost of the facilities to be financed by the fee, changes in land use designation in the city's general plan, and upon other sound engineering, financing and planning information. Adjustments to the fee may be made by resolution amending this section. B. The fee shal1 have portions which are, according to the engineer report, al10cated to a specific facility ("fee components") which correspond to the costs of the various facilities, plus the administration cost for the fee, which is a percentage of the fee components' total cost. C. The fee shal1 be the fol1owing, depending on land use: Land Use Residential- Single family dwel1ings Residential- Multi-family dwel1ings Commercial/Office Industrial Special Land Use Olympic Training Center Public Purpose Nonprofit community purpose facility Special purpose proj ect 3.50.100 Fee $5,048/DU $4,726/DU $20,764/acre $3,848/acre $20,764/acre $3,848/acre Exempt Exempt $10,382/acre Development Projects Exempt from the Fee. A. Development projects by public agencies shal1 be exempt from the provisions of the fee if those projects are designed to provide the public service for which the agency is charged ("public purpose"). B. Community purpose facilities which are not operated for profit ("non- profit community purpose facilities") are also exempt inasmuch as these institutions provide benefit to the community as a whole including al1 land use categories which are the subject matter of the fee. The city council hereby determines that it is appropriate to spread any impact such non-profit community purpose facilities might have to the other land use categories subject to the fee. In the event that a court determines that the exemption herein extended to community purpose facilities shal1 for any reason be invalid, the city council 7 /tø~/g hereby allocates the non-profit community purpose facilities' fair share to the city of Chula Vista and not to any of the land use categories which are the subject matter of the development impact land use categories. C. Development projects which are additions or expansions to eXlStmg dwelling units or businesses, except special land use proj ects, shall be exempt if the addition or expansion does not result in a net increase in dwelling units or commercial/industrial acreage. 3.50.140 Developer Construction of Facilities. A. Whenever a developer of a development project would be required by application of city law or policy as a condition of approval of a development permit to construct or finance a facility, or if a developer proposes to design and construct a portion of a facility in conjunction with the prosecution of a development project within the territory, and follows the procedure for doing same hereinbelow set forth, the city council shall, in the following applicable circumstances, tender only the credit or reimbursement hereinbelow identified for that circumstance. 1. If the cost of the facility, incurred by the developer and acceptable to the city, is less than or equal to that portion of the developer's fair share related to the fee component for that facility, the city may only give a credit ("developer credit") against that portion of the developer's fair share reJated to the fee component for that facility ("fair share of the fee component"); or, 2. If the cost of the facility, incurred by the developer and acceptable to the city, is greater than that portion of the developer's fair share related to the fee component for that facility, but less than or equal to the developer's total fair share, the city may give a credit which credit shall first be applied against that portion of the fair share related to the fee component for that facility, and the excess costs for the facility shall then be applied as credits against such other fee components of the developer's total fair share as the city manager, in his sole and unfettered discretion, shall determine; or, 3. If the cost of the facility, incurred by the developer and acceptable to the city, is greater than the developer's total fair share, the city may give a credit against the developer's total fair share as the city manager, in his sole and unfettered discretion, shall determine; and/or, the city may tender to the developer a reimbursement agreement to reimburse said developer only from the fund as monies are available, over time, with interest at the fair market value of money, at the option of the city. B. Unless otherwise stated herein, all Developer Credits shall be calculated on a dollar basis and converted into dwelling units or commercial/industrial 8 /iJ?,¡1 acreage equivalents at the time building permits are pulled, based on the then current Fee. 3.50.150 Procedure for Issuance of Credits or Tender of Reimbursement Offer. The city's extension of credits or tender of a reimbursement offer to a developer pursuant to Section 3.50.140 shall be conditioned on the developer complying with the terms and conditions of this section: A. Written authorization shall be requested by the developer fÌ"om the city and issued by the city council by written resolution before developer may incur any costs eligible for reimbursement relating to the facility. B. The request for authorization shall contain the information listed in this section and such other information as may fÌ"om time to time be requested by the city. C. If the council grants authorization, it shall be by written agreement with the developer, and on the following conditions among such other conditions as the council may fÌ"om time to time impose: I. Developer shall prepare all plans and specifications and submit same for approval by the city. 2. Developer shall secure and dedicate any right-of-way required for the facilities. 3. Developer shall secure all required permits and environmental clearances necessary for construction of the facilities. 4. Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the city (where the developer intends to utilize provisions for immediate credit; the performance bond shall be for 100 percent of the value of the project). 5. Developer shall pay all city fees and costs; 6. The city shall be held harmless and indemnified, and upon tender by the city, defended by the developer for any of the costs and liabilities associated with the construction of the facilities. 7. The city will not be responsible for any of the costs of constructing the facilities. The developer shall advance all necessary funds to construct the facilities. 8. The developer shall secure at least three qualified bids for work to be done. The construction contract shall be granted to the lowest qualified 9 /i.,-é}O bidder. If qualified, the developer may agree to perform the work at a price equal to or less than the low bid. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction of the director of public works. 9. The developer snail provide a detailed cost estimate which itemizes those costs of the construction attributable to the facilities and excludes any work attributable to a specific subdivision project. The estimate is preliminary and subject to final determination by the director of public works upon completion of the facilities. 10. The city may grant partial credit for costs incurred by the developer on the facility upon determination of satisfactory incremental completion of a facility, as approved and certified by the director of public works, in an amount not to exceed 75 percent of the cost of the construction completed to the time the partial credit is granted, thereby retaining 25 percent of such credits until issuance by the city of a notice of completion. II. When all work has been completed to the satisfaction of the city, the developer shall submit verification of payments made for the construdion of the facility to the city. The director of public works shall make the final determination on expenditures which are eligible for credit or reirnbursement. 3.50.155 Developer Transfer of Credits A developer who, in accordance with the provisions of Sections 3.50.140 and 3.50.150, receives credits against future payments of the Fee for one or more Fee Components may transfer those credits as provided herein to another Developer. (a) The Developer shall provide the City with written notice of such transfer within thirty (30) days. The notice shall provide the following information: · The name of the Developer to whom the credits were transferred: The dollar value of transferred credits: The Fee Component(s) against which the credits will be applied: and The projected rate, by Fiscal Year, that the credits will be applied, until said credits have been fully redeemed. · · · (b) Credits received by a Developer of a low-and/or moderate-income project, in accordance with Section 3.50.070, can only be transferred to another Iow- and/or moderate-income Development Project. 10 /(,.,;/ 3.50.160 , Procedure for Fee Modification or Reduction. Any developer who, because of the nature or type of uses proposed for a development proj ect, contends that applic~tion of this fee is unconstitutional or unrelated to mitigation of the burdens of the deveiopment, may apply to the city council for a modification or reduction of the fee. The; application shall be made in writing and filed with the city clerk not later than ten days after notice of the public hearing on the development permit application for the project is given, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of modification or reduction. The city council shall make reasonable efforts to consider the application within sixty days after its filing. The decision of the city council shall be final. If a reduction or modification is granted, any change in use within the project shal! subject the development to payment of the fee. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging this fee. 3.50.170 Fund Loans. A. Loans by the city. The city may loan funds to the fund to pay for facilities should the fund have insufficient funds to cover the cost of said facility. Said loans, if granted, shall be approved upon the adoption of the annual city budget and shall carry interest rates as set by the city council for each fiscal year. A schedule for repayment of said loans shall be established at the time they are made and approved by the council, with a maximum term not to exceed the life of the fund. B. Developer loans. A developer may loan funds to the city as outlined in Sections 3.50.140 and 3.50.150(c)(l4). The city may repay said developer loans with interest, under the terms listed in A. above. SECTION 5: Expiration of this ordinance. This ordinance shall be of no further force and effect 30 days after its adoption. SECTION 6: Time limit for protest and judicial action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by law. In accordance with Government Code Section 66020(d)(I), the ninety day approval period in which parties may protest begins upon the effective date of this ordinance. II l/ø-,f);)- SECTION 7: Effective Date. This Ordinance shall become effective immediately upon four-fifths vote. SECTION 8. Exempt Projects. Development projects of a total of 12 units or less, who have received first plan check approvals for such units as of November 12, 2002, and who will receive second plan check approvals within 14 days of November 12, 2002, shall be exempt from provisions of this Urgency Ordinance. Presented by Approved as to form by r U\ ÎH 1.91.9'- 0 John M. Kaheny City Attorney 4v"- Ii Cheryl Fruchter Director of Budget and Analysis J:\Attorney\Ordínance\PFDIF Urgency rev.doc 12 / !;p -;).3 COUNCIL AGENDA STATEME¡.qT Item 7 Meeting Date 12/10/02 ITEM TITLE: Public Hearing Consideration of establishing Utility Undergrounding District No. 134 along East "L" Street fÌ"Om Monserate Avenue to Nacion Avenue Resolution Establishing Utility Undergrounding District No. 134 along East "L" Street fÌ"Om Monserate Avenue to Nacion Avenue and authorizing the expenditure of Utility Allocation Funds to subsidize private service lateral conversion SUBMITTED BY: Director of Public Work~ REVIEWED BY: City Manager ~~<" (4/5thsVote: Yes_No-X.) On November 12, 2002, the City Council approved Resolution No. 2002-441 and ordered a Public Hearing to be held on December 10, 2002 to determine whether the public health, safety or general welfare requires the formation of a utility undergrounding district along East "L" Street fÌ"om Monserate A venue to Nacion Avenue (See Exhibit A). The purpose of forming the district is to require the utility companies to underground all overhead lines and to remove all existing wooden utility poles within the proposed district. The proposed utility undergrounding district is about 2,050' feet long and is estimated to cost approximately $400,000. SDG&E's allocation funds (Rule 20-A) will be used to cover the cost of the project including reimbursements to affected property owners for their respective trenching cost. RECOMMENDATION: That Council: 1. Conduct a Public Hearing on the formation of Utility Underground District No. 134; 2. Approve a resolution forming the district and authorizing the use of approximately $400,000 in utility allocation funds to cover the cost of pole removal, undergrounding overhead facilities, and private property conversion reimbursements. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Underground Utility Advisory Committee (UUAC), consisting of representatives ofSDG&E, Pacific Bell, Cox Communications, ChuIa Vista Cable and the City, agreed to propose to the City Council the formation of a district for the conversion of overhead utilities to underground along East 1'7 -I Page 2, Item /1 Meeting Date 12/10/02 East "L" Street, fÌ"om Monserate Avenue to Nacion Avenue. The proposed utility undergrounding district along East "L" Street is about 2,050 feet long, running fÌ"om Monserate Avenue to Nacion A venue (See Exhibit A). The estimated cost for undergrounding the utilities is $400,000. The Average Daily Traffic (ADT) count on East "L" Street between Monserate Avenue to Nacion Avenue is approximately 22,500. The residences on NoIærWay, Monterey Court, Melrose Avenue, Maria Way, and Myra Avenue, included in this undergrounding district (Exhibit A), were determined during a field investigation conducted by representatives of Cox Communications, Pacific Bell, SDG&E, and City of ChuIa Vista staff. In order to underground the utilities along East "L" Street fÌ"om Monserate to Nacion A venue, up-poles would have been necessary along the connecting streets. In order to avoid the installation of additional poles, City staff determined that it would be more feasible to include the entire side street in the district, resulting in completely undergrounded utilities rather than the addition of up-poles. Section 15.32.130 of the ChuIa Vista Municipal Code requires the City Council to set a public hearing to determine whether the public health, safety, and general welfare requires the undergrounding of existing overhead utilities within designated areas of the City. The intent of the public hearing is to give persons the opportunity to speak in favor of or against the formation of a proposed district to underground utilities. The formation of the district will require the utility companies to underground all overhead lines and other facilities, and to remove all existing wooden utility poles within the District. AIl property owners within the proposed district will also be required to convert their service connections to underground. The undergrounding of utilities will be coordinated with the City of ChuIa Vista street light design project. Said project, which will replace existing street lights on wooden poles with street lights on concrete poles, and the addition of street lights where applicable, is the responsibility of the City of Chula Vista. Construction for the street light design project is anticipated to begin shortly after the beginning of construction ofSDG&E's undergrounding of electrical utilities within the street right- of-way. Staff recommends the formation of this conversion district along this section of East "L" Street because: I. East "L" Street is a four-lane west/east major thoroughfare between the western and eastern portions ofChula Vista. The undergrounding of existing overhead utilities will contribute to the creation of an aesthetically pleasing major street. 2. This segrnent of East "L" Street is classified in the General Plan's Circulation Elements as a Class I Collector street The conversion work by the property owners involves trenching, backfill and conduit installation fÌ"om property line to point of connection. Chula Vista City Council Policy No. 585-1 established a mechanism that helps property owners with the cost of the conversion work fÌ"om the distribution /1-;)- Page 3, Item I Î Meeting Date 12/1Ò/02 lines to the structure. Said policy provides for the reimbursement of property owners at a rate of$35 per lineal foot of trenching, which is normally sufficient to cover total costs. Exhibit "B" shows a reimbursement schedule listing reimbursement amount for all 69 affected properties, The total reimbursement is approximately $127,000 and is included in the overall cost estimate of$400,000. A public hearing notice has been mailed to all property owners and occupants of property (see Exhibit "C"), located within the boundaries of the proposed district. FISCAL IMPACT: The cost of pole removal, undergrounding overhead facilities and private property conversion reimbursements as outlined above is estimated to be approximately $400,000. SDG&E's allocation funds (Rule 20-A) will cover the estimated cost of the project. The estimated cost for street lights project associated with the undergrounding district is estimated to be approximately $100,000. City staff will be establishing a separate CIP project for the street light work to be done in FY 03/04. The $100,000 funding source is anticipated to come from Gas Tax. All staff costs associated with the formation of this district is not reimbursable from the allocation funds and, therefore, are borne by the General Fund. Attachment: Exhibit A - Boundary Map Exbibit B - Reimbursement Schedule Exhibit C - Mailing List Exhibit D - Council Agenda Statement (Intention to Create District) J:\EngineerIAGENDA\UUDI34 Public Hearing.lal.doc /1-3 -- --~.~\ ~ of í 1œ:9 - ~I '/ I "tI 0: ,T ~e~ ~ ~_ UJ / 8 '" 00_ 7f 0J ~ ,~ ~~ ~ ~ ~ '/ ~ I ¡ @ [)¿j ~ v~ \ ~ ~ ~ ~~\.. 7~ rn rn ŒJ Þ' ~ ~~~ .v- -:...J '6 'l\s x=,GRAPH CANYON RD 7 ~ ~~O ~<Ç.\.: ~ v~~ ~ ETëI~ ~~~ ~ l' ~ IETCIIETCII ,\',501 ,,' 0.. I.~ J'\ ,,1 ~""" ~ ~ I"\ f" ETC -:' 0;;. .}"~3 '"P ETC í \. ~\ ~~~ ~~IETCL~~~~~~' ~ ~~ ~~ ~ 6 c:-\ ETcl<1ETCI ~ .. J~ erC1\.: \ ~ ~L~ ~ETCI~&3r8~8~ 31531,f C \ \.If' ETC '1(:J"'¡ III 3 "-- 8\9 \. Ere 311 Irn:I _..J.- ..--' \ ~...I;;" \ 8118 ~ETCI;b!' . ~ ETcY'l05 Þ1[æ ':¿'"},8 2~LETC 8 9\ ,á-~3-\-, ETCETC ~ .s:; \;: ETC 'â 8 41.-- ",""ET: 7 8 8 .' _ c'" ErC r~ ~~~¡,,~ ¡;J ~.~2;r.,. ~ )- \ ETcl...\ ~\ 8iZ.. ET8.-r IETc 8 'Z:.'\ ~7~ - "- 1= 6.,~ =. "~ ~ q~ . 1§!£ ~ 9 6~ 9 3'\ ETC ÚJ> ...--- - .-- ETC 9 ~ 5\.--::3Ó ~\--1Ër~9~~ ~ ~ ~ ETC 9 3:;:;-- ~ <a> ETC~~ '-.. ~ 1 ~ tI\ rr...5 ~ ~ ~ 948 ÑO :..\ S ~ \~~) ~ ~ - ------- ž y ~ Z N y -'- v--:- ~ -\ 1... :'\" E ~ ~ ~ I'-~ ~~~ ~ /'/ District Boundary . Exisiting Poles o Proposed Poles o Parcels in Underground District Utilities affected §. E: Electrtcal T: Telephone C: Cable UTILITY UNDERGROUND DISTRICT NO. 134 EAST "L" STREET, MONSERATE AVE TO NACION AVE EXHIBIT "A" /1-t ~I~ -11- =t:~~~ OTV OF CHUIA VISTA CEOGRAPHIC INFORMATION SYlTEM .... o.. - .. ~ E 8 8 8 8 8 8 8 8 8 - .. :: .c ...; ...; .,,; .,,; .,,; .,,; ...; ...; .,,; .. II:: .... .... '" .... .... '" '" a- .... . = J! 00. N 0 .... ..... <1- .... .... .... "" ..... ..... ..... ~ 0 .... .... .... .... .... .... .... .... .... ;, I- -( - E = .c 0 8 0 0 8 0 0 0 0 II:: 0 0 0 0 0 0 0 0 .c ...; ...; .,,; .,,; .,,; .,,; ...; ...; .,,; .... .... '" N .... '" '" a- N .- U '" ~ ..... .... O. a-. I;J I: ~ ~ .... .... .... .... .... .... .... .... .... Z I- 0 =- '" '" 0 N N 0 M .... .... - ... '" '" M ... M M '" M .c ~ u :: I: ~ = I- ~ ;, - -( E 8 0 0 8 0 0 0 0 8 .c 0 0 0 0 0 0 ~ II:: .,,; g .,,; g .,,; .,,; .,,; .,,; .,,; 0 0 0 0 0 0 0 - .. M M M M M M M M M .. .... .... .... .... .... .... .... .... .... ~ - .. :.. ::E ~ ~ r.fJ CQ = ~ .. 0 E-< .. ~ ~ ~ ~ ~ ~ ~ ~ ~ :it - ª UJ UJ UJ UJ UJ UJ CQ ;: .... ::I ë :: 0 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 X 00 ... N N ... <! M :!: z .... 0 0 0 N 0 W D- o ¡:: 0 M N I~ M 0 0 ... ;:!¡ .... .... ~ ... ;:!¡ :.. < N 0 0 0 N a- a- a- a- a- ,a- '" a- a- ~ M M M M M IG .... M M "" "" "" "" "" '" "" "" - 1:: 1:: ~ " " " " ;¡ " 8 " .. ;¡ ~ .. " c >. c U ~ ~ ~ ~ " >. c " >. :.. .. cñ < ~ ~ > ~ {/) ~ ~ E -< - ...¡ c " ...¡ ; c rfl " ~ ~ ë .¡¡¡ ~ ë ~ c ~ .. .. õ õ UJ ;:;: ;:;: ;:;: ;:;: ;:;: UJ Z Z - Q '" 00 ;:¡; a- a- .... .... 1:3 '" - 0 a- 00 00 0 0 ~ ::I M 00 00 00 00 "" N M M ::I - .... - ~ .... '" '" '" '" '" '" '" '" - ä: t: ä: :> ä: '" ä: ä: ä: u '" " u ;::¡ r.fJ c < ä: 0 '" c '" c '" ä: ä: u '.5 j '" '" ~ j u < ~ < < N u < '¡¡ is ~ < ,., < ~ "" >; '¡¡ u u c U .. '" " u J! u .. u .... 5 " '0 C .. ¡; -" J! ~ S 0 ~ ê < u S '" ~ s ~ ~ = .. "" .. '" .. ;:¡ u > ..J ¡; = E " ~ ~ ¿ < ~ ¡; ~ .... UJ ;> ~ :> j :> L :> u :> Æ :> õ .¡; õ :> .,; UJ co 0 "E " .,. " .. .. .. ð .. .. z .. z .. -.:t ~ ª c ~ Õ '" Õ > Õ ~ Õ Õ Õ ~ .... 'C .... Ei5 ;J ~ .... ~ '" .. Co := "" := "" "" ~ "" '" Ó '" "" '" ~ '" u u u ¡¡¡ U N ~ U ~ .. .c ..... .. ~ ~ c E c ~ .¡¡ .. E .. c > Q ~ .¡¡¡ ~ ." 'E " ~ ~ .. .. ~ ;:;: ~ã c c :z: z ;:¡ ""- .. ~ ª ¡¡¡ ~ ~ ~ !;¡ ~ ;:;: .. ~ < " ~ O>~ ~ ;:; ... ~ ~:: _0' ~ . ~ 0 ~.!J! o ~ -¡¡~ :z: {/) .5 ;.?;> liê ... .. c 1:: >. I: >. 1::¡¡ c - n .. " = ~O .c " >,.Q .- ,85 .. ~ e " .- .~ õ c ;8 a> -~iä ~ ~ " c :J -<...¡ 00:: ;:;:;;: :z:-< ;:¡ ;:;:CX ,., o~ 0::": 11-5 .... ... - .. E 8 0 8 8 8 0 8 8 8 8 8 ... 0 ~ .. .t:J <> <> ..; <> ..; '" <> ..; <> ..; <> .. D: ... N ... '" '" .... '" .... '" .. ïü "'- 0 "". '"': 0 "'- "". 0 "'- .... ""' Ñ Ñ Ñ Ñ - "" "" "" "" "" "" "" "" "" "" "" 0 ¡.... - E .t:J 8 0 0 0 0 0 0 0 0 0 8 D: 0 ~ 0 0 0 0 0 0 ~ r. <> <> '" <> ..; ..; <> ..; <> '" <> ... N ... '" '" .... '" .... '" u '" "". ..... '" ..... '" ..... '" " E "" "" "" ;;;; "" "" "" ;;;; "" "" "" ¡.... :: ... N '" ::¡ .., '" ... '" 0 '" ... - ... '" ... .., ... .., ... '" ... .., r. u " E ¡.... - E 8 0 0 0 0 0 0 0 0 0 8 .t:J 0 0 0 0 0 0 0 0 0 D: <> <> <> <> <> <> <> <> <> <> <> 0 0 0 0 0 0 0 0 0 0 0 ... .., .., .., .., .., .., .., .., .., .., .., .. "" "" "" "" "" "" "" "" "" "" "" - .. :;; .. ~ ~ ~ ~ U U ~ ~ U ~ ~ .. ~ f- f- f- UJ UJ UJ UJ UJ UJ UJ UJ ;:; ;:) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z '" '" '" ... 0 "" .... .., "" '" N N N .., .., N ~ 0 0 0 0 0 0 0 0 0 0 0 ;;¡ ;;¡ ;;¡ ;;¡ ... ... ... ... ... ... ... N N N N N N N '" '" '" '" '" '" '" '" '" '" '" .., .., .., .., .., .., I~ .., .., .., .., "" "" "" "" "" "" "" "" "" "" » '¡¡ » » '¡¡ 1<- 1Q:í 1<- » ¡ » .. 1;; ~ ~ .. .. .. '" .. .. .. ~ '" ~ ~ '" ~ ciS ~ ~ ~ .. ... c .... c c .... c .... c c ¡¡ c "C .. ~ .. .. ~ .. ~ .. .. .. ~ õ õ õ õ õ õ õ õ z UJ z z UJ z UJ z z z Z Q =: - - ;'!; ~ '" ~ ~ 0 '" '" - - N N N ;:) .., .., .., .., .., .., .., .., .., .., .., ;:) 0 0 0 0 0 0 0 0 0 0 0 õ: õ: õ: 00 õ: õ: õ: õ: õ: õ: 00 00 00 00 00 õ: 00 00 00 00 õ: 00 ,., "" "" ,., "" ¡ . "" ,., "" "" ,., "" ,., "" ¡ "" ,., "" ~ u u . u u u ~ u u ~ u -$ u u -$ u ... .. ~ '¡¡ ~ " ~ ~ '¡¡ ,; ,; ;:; ~ ~ ,; ,; ,; '" .. '" E ¡¡ ,g ¡¡ ¡¡ ,g . ¡¡ . ,g ¡¡ ¡¡ . ¡¡ . ¡¡ . ... õ > '" > õ > õ > '" > õ > '" > õ > õ > õ > õ > .,; "C Z . -' . z . z . -' . z . -' . z . z . z . z . ~ õ õ õ õ õ õ õ õ õ õ õ ... :2 - ... '" ~ ~ 00 0 '" 00 .c ;;; .c ;;; .c .c .c .c .c .c N .c N .c N .c .. M U U U .., U M U M U M U M U M U M U M U .. .Q .. !'! Õ e E c 1<- . ~ ~ ~ .. ." ~ '2 = - ;; IV . ¡¡ ~ :E [;j ~ » U Z = '" 0 0 .. ~ ~ 'ê z '" » c ò;j '" U ò;j ò;joC ò;j ö: ~ 0 ;:; .. "" » ò;j ~ ò;j u ò;j to. .. ::E ~ c .... :¡:1ã < < .".!! .. <: .E to. " <.!! .. .. ';; ¡¡ UJ= 0 .. 1::"3 ... .U 0 - . .. .::;¡ ~ . c c C " ~ u ~ t' ~'ëa .9 ~ ]::: t' ~ .. .. ~::E e Ë ~ .- . ~.!: .. ~ e::E c uO - C- .. ~ 2 .c u ~ ::E:£ ~ 0::< .. . 1.:3 ~ ~::E 0 ~~ :I: UUJ ~to. ::E Of- ....< j r¡- (p .....'..' .... - - " E :3 :3 :3 ° :3 :3 :3 :3 :3 ° :3 ... 0 J:) 0 vi 0 0 0 0 0 0 0 0 vi .. II:: g .. '" 00 N 00 N N N N '" " ¡¡ >0. "). .... '" "i "'. .... .... .... .... .... =- '" - '" '" '" '" '" '" '" '" '" '" 0 I- - lâ E J:) 0 0 0 ° :3 :3 ° ° II:: ° 0 ° :3 :3 ° 0 ° .c 0 vi 0 0 0 0 0 0 vi '" 00 N 0 N N N N '" " "). O. 00 >0. C '" '" f! '" - - '" '" '" '" '" '" '" '" '" I- - ;;:: 00 N 0 00 >0 N N N N '" - '" '" '" N ... '" '" '" ..., '" .c " c f! I- - E ° 0 0 0 0 0 0 0 ° :3 ° J:) 0 0 0 0 0 0 0 0 0 ° II:: 0 g 0 g 0 0 0 0 0 0 g 0 0 0 0 0 0 0 0 .. '" '" '" '" ..., '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" - '" :E .. ¡: ¡: ¡: ¡: ¡: ¡: u ~ ~ ¡: '" ~ U I- u.¡ u.¡ u.¡ u.¡ u.¡ u.¡ u.¡ u.¡ ::= ;:) 0 0 0 0 ° :3 ° :3 :3 :3 ° 0 0 0 ° r- ° 0 N 0 >0 r- I~ N '" N 00 Z N N N 0 :3 :3 :3 ° D. ° 0 0 N >0 0 N ... ... ... '" ... ... ... ... r- « N N N ... N N N N N 0 '" '" '" '" '" ..., '" '" '" '" '" '" ..., ..., ..., .., >0 .., .., .., .., .., .., >0 >0 >0 >0 >0 >0 >0 >0 >0 >0 1:: ... ... ... ... 1:: " " " " " " " " " " "¡¡ " ... ... ... ... " ~ ~ >, U > > > > U >, .. '" ~ >, < < < < >, '" .. ~ ~ ~ '" ~ ... ... !! ... ~ ~ f! ...., ... ~ ~ ~ ... " Ii Ii " B " " '" 't:I '" ~ ë ~ ~ ~ ë .¡: ~ õ õ õ " ü ü ü ü " '" :z :z :z u.¡ ::< ::< ::E ::E ::E ::< ::< Q ° '" '" >0 N '" '" ¡:: r- 0 N .., .., ..., ... ~ '" '" r- OO 00 ;:) ..., ..., ..., ..., 00 00 00 00 00 00 ;:) 0 0 0 0 0 0 0 0 0 0 0 õ: õ: õ: õ: õ: . õ: . õ: . õ: ... õ: t: õ: õ: õ: õ: ~ , , , 0- 0- 0- , 0- " 0- 5 0- 5 0- , 0- 0- <: ð <: <: is <: 5 <: . <: <: <: 8 <: <: " ¡ i:' -< -< -< " ~ u u u u > u u u u " u ~ U N .. ~ ,; ~. ,; ;; ~ . ~ <: ~ ~ ~ ~ ~ ~ ~ B ~ ~ co .. '" ~ co I!! . . 0 . 0 ~ ~ e e e '" N ;;: ;;: ;;: ;;: ;;: ;;: ;;: ;;: ;;: 8 ;;: .., ;;: õ ~ õ '" ;¡ ;¡ ;¡ '" .,; 't:I Z '" '" z '" ..J '" '" ~ '" ::¡ '" ::¡ '" ::¡ '" ::¡ '" ::¡ '" :ä! õ õ õ Õ '" Õ Õ Õ Õ Õ Õ Õ N 0 ~ 0- '<> r- ~ ¡:: r- :i6 N ~ .c ~ .c ~ .c '" .c 0- .c r- .c '<> .c .c r- .c .c 00 .c .. ~ u ~ u ~ u ~ u ~ u '<> u 00 u 00 u 00 u 00 u 00 u .. '" .. ... 1;; 1 ~ .. E ... ~ " :g ~ > " ... .;¡: Jg to Õ .~ " .c ;.:¡ " ~ Ii - " z ð ... B ~ ~ ~ z ~ ~ ¡z .~ .¡¡¡ .. <:~ - ... " = u.¡ ,:; .. ~Q ~"" ~] ~.£ " c:! U "\.. '" ...., ...., "¡¡ '" " '" o,,¡!¡ ~ '" u.¡ > ... 15. ... '" 0, ... ~ "" ~ " .2! a ''¡:: c Ü ... " ~tí ë.._ ~ " i::'~ "'- Õ ~ ... ë ~ E~ ~ .~ ~ ~ ., ~8 .~ 2 E ~ '" " "'~ '" " ~~ " -= -= ::s 00 0< ::E::E >1- ¡z :;;: '" 0, /1' '7 -"'--.---- - E .c iii: ¡¡ - o I- 8 .,.¡ N "1 '" Ë .c iii: J: U c: .. .. I- o o .,.¡ N "ì '" =- - '" .... J: U c: ~ I- Ë .c iii: .. .. - .. :;; o o o o .... '" ., .. ª :;:; :;) ~ UJ Z 11. < o o 00 o .... r- o "" .... '" " ~ c " > -< 1;! e -;¡ :0 N 00 00 ., ., .. .. " ~ Q :;) :;) ., ., ~ " ~ " , ¡¡ ~ " e " ::¡ N "" "" .. E .. z ., ".. .. c: ~ o B -.; a¡"" "d :a c E '" '" " - " ~~ 8:0 o 0: 00 < u ~ ;;: ~ "5 ~ U 8 .,.¡ .... r-. '" o o .,.¡ .... "'. '" '" 8 o o .... '" u ¡;¡ o o Õ r- o "" .... '" " ~ c " > < ~ :0 N 00 00 " , ¡¡ > < ~ ::¡ N "" "" ,. -= '5 " ~ "d 0.. t " .r> :;;: I I~ "'. '" o o .,.¡ '" - '" .... .... o o o o .... '" ~ UJ o o o .... r- o "" .... '" >. '" ~ '" .¡: '" :0 .... 00 00 o 0: 00 < ;>, u ~ '" ~ . ~ ;> '5 ~ ::¡ "5 ~ U ~ "" "" "d '" .~ ~ '" .- co <-< ..c '" &ê ~ 0 ..s;z o o .,.¡ r- ~ V; o e: I; '" '" '" o o o o .... '" ~ UJ o o '" o o ~ "" .... '" " " c " > < 1;! e -;¡ :0 .... 00 00 o 0: 00 < u ~ ;;: ~ "5 ~ u " , c " ~ " e " ::¡ ~ "" "" o "" 'Ë " ,. "d '" " ï:-= '" " c~ o 0: 00 " < ' u ~ 7i -< ;;: ~ ~ ::¡ "5 ~ u ~ "" "" ~ " c o "d~ ...J::E - E '" '" "'.r> c ~ '" '" 0:: a¡ 8 o N Ñ '" o o o N 00. '" N '" o o o o .... '" '0 Ie: ,8 ,.... I'" ~ UJ o o o N r- o "" .... '" " " c " > < ~ ::E .... 00 00 o 00 00 ð I; ~Iw ~ I~ :; IQO ~ I"" u "" ;>, '" "dO >.,B ..c- - " O..c E .~ ,¡::::E 8 o "" "'. '" o o o "" '" '" .... u ¡;¡ o o r- o N r- o "" .... '" >. '" ~ '" .¡: '" ::E 00 00 00 o 0: " , 0'1 : 5 ð I~ '" . '" I e j I~ U I; "d 0-'2 b g n "'" ¡j5-u ¡~ ¡~ :w;. '" o o .,.¡ N N. I'" '" .... o o o o .... '" ~ UJ o o r- o .... r- o "" .... '" " " c " > < " ~ I! 00 00 o 0: 0: < U '" . ;;: ~ "5 ~ U J1·ß 8 o '" '" 8 .,.¡ '" Ñ '" o o o "'. '" o o .,.¡ '" 00. '" '" '" .... '" o o o o .... '" o o o o .... '" ~ UJ ~ o o o o '" N "" .... '" 8 N o r- o "" .... '" t " o U >. ~ " ë o ::E 00 00 00 " " c " > < ~ ::E 00 00 00 c , 8 ;>, ~ § ::¡ "" "" "" o 0: 00 < U ~ ;;: ~ "5 ~ U " ~ c " > < ~ ::¡ "" "" "" -= Ë '" UJ " -¡; o UJ c :E o 0:: "d <-5 c '2 ..co¿;; ..s;,. I 8 .,.¡ r- ~ '" 8 .,.¡ r- "1 '" '" '" 8 o o .... '" ~ UJ o o '" o o '" N "" .... '" " " c " > -< " ~ e -;¡ ::E "" 00 00 o 0: 00 < U ~ ;;: ~ "5 '" U " , ¡¡ ~ " e " ::¡ 00 "" "" E '" ã '" "d o::~ :215 [;;:.: 0,. o ~ 00 < U '" . ;;: ~ "5 ~ U 8 o '" "1. '" o o o '" o. V; o .... o o o o .... '" ~ UJ o o '" ¡:j ~ "" .... '" t " o U >. " ~ " ë o ::E "" 00 00 c , o U ;>, ~ § ::¡ 00 "" "" o 0: 00 < c..¡ o t; ;;: ~ "5 ~ U '" .;; >, "'>. "d ~ 0.. " cO '" u :;;:::E .... ... .. .... .. .. .. "" .... ... ... .... .,; .... .. .. ~ .. > .. Z ,:; .. ... I: .. ~ Ë .Q II: ii - o I- Ë .Q II: ~ " c:: E I- :: ~ " c:: E I- - E .Q II: ~ .. - .. ::E .. .. ~ ;:; ::¡ Z D- c( .. .. .. ~ ~ ~ C ::¡ ::¡ .. .. E ~ ~ .. E .. z .. .~ .. c:: ð 8 ó '" "'. '" 8 o a- '" '" M o o o o M '" ~ o o "" o N r- o '" M "" » '" ~ .!! æ ::E N a- 00 ,., '" ~ '" 'C '" :¡ .... '" 00 ~ 2 = u.. o " c '" is , , I 8 ó '" ° Ñ '" o o o '" r-. '" o '" o o o o M '" ~ 8 ~ M r- ° '" M "" " = c " > -< 1:! 2 -¡¡ ::E N a- 00 o õ: õ: '" u 1i ;; '" ;; ð " = E ~ " Ëi ü :¡ .... '" 00 '" .§ ~ .~ U <>1! ._ ",,"" .- = 1; ~ ,0", o õ: õ: ...: u ~ ;; '" ;; .c U 8 vi N N Ñ '" i I I~ "'. - '" o o vi N a-. '" o o vi '" '" '" '" M M o o o o M '" o o o 11;] ~ ~ o a- ° o ~ '" M "" 8 M o r- ° a- M "" 1:: = o U » ~ " " o ::E ~ 00 " = '" " > -< ~ ::E N a- 00 t: = o U ,., ~ B § :¡ .... '" 00 o õ: õ: " ...: 0 u ...:~ .. ~ ~ '" :¡ ] ~ U 00 ~ ~ '" ~ u <>1! ~ 0 ..2t: ð£ <>1! ~ - """ æ~ .c 0 uOO Q2~ 8 ó "'. '" o o o "". '" "" '" o o o o M '" ~ 8 ~ o ;:1¡ a- M "" " = '" " > -< 1:! o - -¡¡ ::E M '" 00 o õ: õ: ...: U .. '" ;; '" ;; .c U ~ E ~ ~ 2 ü :¡ M '" 00 ~ .s ¡;¡ <>1! '" -Roo " .- '" " o - ~O o o Ó '" o Ñ '" o o o '" r-. '" o '" o o Ó o 'M I'" ~ o ° r- N o '" N a- M "" 1:: = o U » ~ " o ::E M a- 00 o õ: '" ...: U .. '" ;; '" ;; .c U t: o o U ,., g " § :¡ M '" 00 ~ .¡¡ " u <>1! N o " .- "" ï: ; æ 5 ::Eu.. 8 vi "" M Ñ '" o o vi :g N- '" a- '" o o o o M '" ~ o o M o N r- ° a- M "" " = '" " > -< ~ ::E M a- 00 o õ: '" ...: U .. '" ;; '" ;; .c U " o E > ...: ~ :¡ M '" 00 ¿j .¡¡ = ..¡ <>1! '" '" B o 0 æ 0 -<~ o õ: '" ð ~ .. ~ '" '" :> "5 '" :¡ ;; .c U 1'7-9 o o vi '" "'. '" 8 vi '" '" M M o o o o M '" ~ o o ;g M r- ° a- M "" ~ ~ '" .~ '" ::E r- '" 00 r- '" 00 ~ .¡; -¡¡ o ::E ~ >. -= 0.. 8 vi N N Ñ '" o o vi N a-. '" '" '" o o Ó o M '" ¡: '" o o ;g N r- ° a- M "" " = '" " > -< ~ ::E r- a- 00 o õ: '" ...: U 1i ;; '" ;; .c U " o E > ...: ~ :¡ r- '" 00 <>1!2 '" '" S~ - -= u _ " '" ;¡:~ o õ: õ: ...: ,., U '" ~ ~ :> "5 '" :¡ ;; 00 .c '" U 00 8 vi '" N Ñ '" o o vi a- a-. '" r- '" o o g M '" u !;¡ 8 M o r- ° '" M "" ~ ~ '" Ii ::E 00 '" 00 '¡;; > = o -< ~ ::E o õ: '" ...: U 1i ;; '" ;; .c U 8 ó '" '" '" o o Ó '" o. '" o M o o o o M '" ¡: '" o o '" o M r- ° a- M "" " = '" " ~ 1:! 2 -¡¡ ::E 00 '" 00 " o c " ~ ~ 2 ü :¡ 00 '" 00 o § '" ...: U 1i ;; '" ;; .c U :J -= u ; '" -¡¡ = g- o<: r- - .. or¡ .. .. " ø. N co co N '" .... .. .. ... e ~ .. :z: ;.:; " "" = .. :s - E .c a: ¡;; - o I- Ë .c a: .c " c E I- - ::: - .c " c E I- Ë .c a: ~ '" - '" ::ö .. '" ~ :¡:; =» Z !L < .. .. E "C ~ Q =» =» .. .. E "C ~ '" E .. z .. .... '" c ~ o o o o '" "' '" 8 o '" q '" o I~ ,'" I o .., o o o o .., '" ¡: UJ o o 00 o o "' '" '" .., '" t: ~ o U >. ~ ~ ë o ¿ 00 '" 00 t: ~ o U >- ~ o § ::< ~ '" ~ o ö: t: ~ '" 0 -< u c: f s 0 ~ I"§ ~ ::< "5 N .c 0 U '" " as .S: §¡¡ 5¿ Uu UJ_ " u c ~ o g- Ee>< ,;1o¡j o .E õò S o¡ CD ¿ Ij 8 o '" "'. '" 8 vi 00 "' '" o o vi 00 o. '" '" .., .., o o o o .., '" o o o o .., '" ~ ¡: UJ o o o o '" '" '" '" '" .., '" - '" '" '" .., '" t: ~ o U >. ~ ~ ~ ë o ¿ '" o '" t: ~ o U >. ~ ~ ~ ë o ::E 8 '" o ö: '" -< u ~ ;; ~ "5 .c u t: o o U >- ~ o ë o ::< M o '" >. ~ c ~ ~ o¡j ~ ",'" ~ >.= ~ ~ ~"" ~ .~ ~¿ o ö: ö: -< u ,; . ;; " "5 .c u 1 I 10 I~. '" o o o o "'- '" o "' o o o o .., '" u .... UJ o o '" - <:> '" '" .., '" t: ~ o U >. ~ ~ ë o ::E 00 o '" t: o o U >- ~ o § ::< ~ ð< " c ~.~ § "5æ¡g Õ ¿.g "O~'7 ';;.É ~ õ.Q63 o ö: '" -< U ,; . ;; " "5 .c U t: ~ o U >- ~ £ § ::< '" ð< "" u '" ~- ::r: .~ "<I~ c >. """ 't: ~ CD~ 8 o ." "' '" o o o '" q '" o .., o o o o .., '" ¡: UJ o o '" '" <:> N '" .., <:> t: ~ o U >. ~ ~ ~ ë o ::E ß '" o '" '" -< U ~ ;; " "5 .c U 8 o '" "' '" o o o ." q '" o .., o o o I~ I u .... UJ o ° lê N '" .., '" t: ~ o U >. ~ ,~ lë ,0 ::E '" '" t: o o U >- ~ o § ::< ~ ö: õ CD ::E o "'" :¡; . o >- o ö: '" -< u .; " ;; " "5 .c U o o o '" "' '" o o o '" o. '" o .., o o o o .., '" u .... UJ o o .., N <:> N '" .., '" t: ~ o U >. ~ ~ ~ ë o ¿ '" '" '" t: o o U >- ~ £ c o ::< M N '" 1ñ ~ ¡:: -;; -c ,:: o ö: '" -< U ~ ;; " "5 .c u j1'/0 8 vi N "l '" o o vi N I:: '" '" .., o o o o .., '" ¡: UJ o o "' N N '" N '" .., '" t: ~ o U ~ ~ ë o ::E "' N '" t: ~ o U >- ~ o § ::< .. N '" ~ o ~ c o II~ ~ " ~ 8 o '" ° Ñ '" o o o '" 1"-. ;;; o ." o o o o .., '" ¡: UJ o o N N '" N '" .., '" t: ~ o U >. ~ ~ ~ ë o ::E '" N '" o ö: ö: -< u ,; . ;; " "5 .c U t: ~ o U >- ~ £ § ::< '" N '" ~ " -c c ;:; o¡j -¡¡ " c "Ö6b ~ã 8 o '" ° Ñ '" o o o ." 1"-_ '" o '" o o o o .., '" u t;¡ 8 '" - '" '" '" .., '" t: ~ (3 ~ ~ ë o ::E ° .., '" o ö: '" -< u ~ ;; " "5 .c u t: ~ o U >- ~ o § ::< o M '" -¡¡ z o ~ "<I"" ~ ~ .- E i: ~ 00<: o ö: ö: -< u ,; . ;; " "5 .c u 8 o '" "' '" o o o '" q '" o .., o o o o .., '" ¡: UJ o o '" <:> '" '" .., '" t: ~ o U ~ ~ ë o ::E .., '" t: ~ o U >- ~ § ::< ~ '" '" " u ~ ;; " "5 .c u M '" ~ o ¡:: ¿ "'E- ~ "" '" ..... ... .. '" .. þ .. =- .... <= <= .... '" .... .. ~ ~ .. ,. .. z ¡;; .. -c " .. ~ ... ... - Q E :5 :5 :5 :5 :5 <:> <:> =- ... J:J <:> <:> =- " a:: 0 vi 0 vi 0 0 .; 0 .. N N '" .... N .... ~ .. '<t. '" '" "'. '<to =- "" ¡;¡ "). =- - '" ¡;:; '" '" '" It) - ....: 0 - - I- - '" N '" ..... ... - E J:J ° 0 0 0 0 <:> a:: ° c: 0 0 0 <:> J: 0 '" 0 vi 0 0 N N '" .... N .... u '"t o. '" "" t: - ..;- CD '" '" '" '" '" ... "" I- '" =- N '" 0 '" N .... - ..., ..., ..., '<t ..., <:> J: ... U N t: E I- - E ° 0 0 0 0 <:> J:J ° 0 0 0 0 0 0 0 0 0 <:> II:: ° 0 0 0 0 0 ... ..., ..., ..., ..., ..., <:> .. '" '" '" '" '" ... - Q .. ~ .... '" to ~ ~ ~ ~ ~ CD ª UJ UJ == :J .J ~ 0 0 ° :5 ° « u >- 0 0 0 ° I- Z « z ~ 0 ~ '" ..., 0 w IJ N 0 ~ ;¡; ;¡; ..., l- e! "" "" .... N N N N 0 Z '" '" '" '" '" ¡::: ..., ..., ..., ..., ..., "" "" "" "" "" Z 1:: 1:: 1:: 1:: 0 " " " " U Q 00 00 00 to U U U U '" '" '" '" '" " to ~ ~ " " ~ E ~ ~ " " " " " " -= § -= -= 'C: ~ 00 00 00 " ::E ::E ::E ::E ::E C "" .... '" '" ..., ..., ..., '<t '<t '" :J '" '" '" '" '" :J 0 0 0 ~ t: ¡;; t: a- u t: ¡;; ~ " " > ~ " N 0 a- 0 a- E 0 a- 00 U -< U -< ~ u -< .... a- ,., U ,., U -" ~ ,., U a- -< .... a- 0 to 5 ~ ~ .; ~ -< ~ If ~ u <:> to u :;; U B ~ ¡¡; <:> E § § . " .... :> :> :¡ Ê § :> 0 u .,; " ::¡ " ::¡ . ::¡ . '" is ~ õ õ ~ " õ d .... '" .... a- þ 00 c .. ~ .c ~ .c ~ " -g, .c .; . a- U a- U a- -< U '" " .. ~ E " o:¡¡ ~ " -g ~ .¡¡; ~ .. 0 "" c -' 00 z ¡;¡ '" ~ '" á! '" Z to o:¡¡ o:¡¡-' ~:§ ::E .0 .:; " .... ~ " '"~ 0 0( E .. .. "i).:§ u .s " '" " " t: -&.û ·5 ~ ~ o.c '" ~ .- " ¡¡ 00 §.c "';j~ .c !:! :;: '"~ o(~ ::E':¿ ::E 00 .- ~'" ¡rJ-11 UUD 134 - East "L" Street from Monserate to Nacion Avenue UNDERGROUNDING MAILING LIST EXHIBIT "COO AFFECTED PROPERY OWNERS Owners's Address 110024 Eubanh Lane APN 16392402800 Owner's Name ILerOY G Kuybus City, State Zip ISpring Valley, CA 9]977 UUD Address 1305 East L Street Owners's Address 11066 E J Street APN 163907]0400 Owner's Name IAlbert Jr & Maria L Vitela City, State Zip IChula Vista, CA 91910 UUD Address 1898 Myra Avenue Owners's Address 11070 Los Penos Court APN 16392401100 Owner's Name Gary D & Eleanor R Overstree I City, State Zip IChula Vista, CA 9]910 UUD Address 1884 Monterey Court Owners's Address !125 East Mountain View Drivel APN 16390730200 Owner's Name IMichael! A & Violet J Quartar 1 City, State Zip IChula Vista, CA 91910 UUD Address 1889 Maria Way ~onday,Novernber25,2002 Page 1 of 14 1'7-19- ....-. AFFECTED PROPERY OWNERS Owners's Address 11441 Bermuda Lane APN 16390720200 Owner's Name IHarry H & Linda J Arriola City, State Zip lEI Cajon, CA 9202 t UUD Address 1889 Myra Avenue Owners's Address 1183 3rd Avenue APN 16392612400 Owner's Name ILisa P Sarnu City, State Zip IChula Vista, CA 9t91O UUD Address 1917 Monterey Court Owners's Address 1207 East L Street APN 15751530400 Owner's Name IMelvin G & Barbara Vargas F I City, State Zip IChula Vista, CA 91910 UUD Address 1207 East L Street Owners's Address 1303 Nolan Way APN 16392401300 Owner's Name ¡Daniel P & Patricia J Curran City, State Zip lehula vista, CA 9t91O UUD Address 1303 Nolan Way Owners's Address 1305 Nolan Way APN 16392401400 Owner's Name IRobert & Mary Kerney City, State Zip IChula Vista, CA 91910 UUD Address 1305 Nolan Way Monday, November 25, 2002 Page 2 of 14 /1../3 AFFECTED PROPERY OWNERS Owners's Address 1310 Nolan Way APN 16392402500 Owner's Name Ijames H & Susan K McCarthy I City, State Zip IChula Vista, CA 91910 UUD Address 1310 Nolan Way Owners's Address 1311 L Street APN 16392402900 Owner's Name IMarco A & Sandra Haro City, State Zip JChula Vista, CA 91910 UUD Address 1311 East L Street Owners's Address 1311 Nolan Way APN 16392401500 Owner's Name Henry A Pino City, State Zip IChula Vista, CA 91910 UUD Address 1311 Nolan Way Owners's Address 1314 Nolan Way APN 16392402400 Owner's Name ¡Richard A & Kay A Daisiey City, State Zip IChula Vista, Ca 91910 UUD Address 1314 Nolan Way Owners's Address 1315 L Street APN 16392403000 Owner's Name ¡Carlos F & Esperanza Robles City, State Zip IChula Vista, CA 91910 UUD Address 1315 East L Street Monday, November 25, 2002 Page 3 of 14 Ir-¡-)~ AFFECTED PROPERY OWNERS Owners's Address 1315 Nolan Way APN 16392401600 Owner's Name ILaird E & Carole W Wallace City, State Zip lehula Vista, CA 91910 UUD Address 1315 Nolan Way Owners's Address 1319 L Street APN 16392403100 Owner's Name Ijames A & Kazue Franklin City, State Zip IChula Vista, CA 91910 UUD Address 1319 East L Street Owners's Address 1319 Nolan Way APN 16392401700 Owner's Name ¡Mary Jo Fowler City, State Zip IChula Vista, CA 91910 UUD Address 1319 Nolan Way Owners's Address 1320 Nolan Way APN 16392402300 Owner's Name !Davies Family Trust City, State Zip IChula Vista, CA 9t91O UUD Address 1320 Nolan Way Owners's Address 1325 Nolan Way APN 16392401800 Owner's Name Lyman M & Carol A Jeanotte City, State Zip IChula Vista, CA 91910 UUD Address 1325 Nolan Way Monday, November 25, 2002 Page 4 of14 1'7.../5 AFFECTED PROPERY OWNERS Owners's Address 1329 Nolan Way APN 16392401900 Owner's Name IRobert A McMullen City, State Zip IChula Vista, CA 91910 UUD Address 1329 Nolan Way Owners's Address 1330 Nolan Way APN 16392402200 Owner's Name IGary P & Carol Olshefsky City, State Zip IChula Vista, CA 91910 UUD Address 1330 Nolan Way Owners's Address 1335 Nolan Way APN 16392402000 Owner's Name IDaniel J & Janice A Kassab City, State Zip IChula Vista, CA 9t910 UUD Address 1335 Nolan Way Owners's Address 1339 Nolan Way APN 16392402100 Owner's Name IMark E & trene J Monteverde City, State Zip IChula Vista, CA 91910 UUD Address 1339 Nolan Way Owners's Address 1346 L Street APN 16394320600 Owner's Name ¡Arnold & Consuelo Fitch City, State Zip IChul. Vista, CA 91910 UUD Address 1346 East L Street Monday, November 25, 2002 Page 5 of 14 /1--- Ifp AFFECTED PROPERY OWNERS Owners's Address 1597 Parkside Drive APN 1639261170 Owner's Name IVignapiano Living Trust City, State Zip IChula Vista, CA 91910 UUD Address 1942 Monterey Court Owners's Address 167 Del Mar Avenue APN 16392400700 Owner's Name ITemple Revocable Trust City, State Zip IChula Vista, CA 91910 UUD Address 1899 Melrose Avenue Owners's Address 1865 Melrose Avenue APN 16392400100 Owner's Name IFickes Family Trust City, State Zi p la1Ula Vista, CA 919tO UUD Address 1865 Melrose Avenue Owners's Address 1871 Melrose Avenue APN 16392400200 Owner's Name ¡Alma P Casillas City, State Zip IChula Vista, CA 91910 UUD Address ]871 Melrose Avenue Owners's Address 1877 Melrose Avenue APN 16392400300 Owner's Name ISharon L Harvey City, State Zip IChula Vista, CA 91910 UUD Address 1877 Melrose Avenue Monday, November 25, 2002 Page 6 of 14 /1- /1 AFFECTED PROPERY OWNERS Owners's Address 1880 Monterey Court APN 16392401200 Owner's Name IphylliS LEgan City, State Zip IChula Vista, CA 9t910 UUD Address 1880 Monterey Court Owners's Address 1882 Maria Way APN 16390720800 Owner's Name IMargaret A Orranna Trust City, State Zip lehula Vista, CA 91910 UUD Address 1882 Maria Way Owners's Address 1882 Melrose Avenue APN 16390730800 Owner's Name IDonald G & Bette M Weedmarl City, State Zip lehula Vista, CA 91910 UUD Address 1882 Melrose Avenue Owners's Address 1882 Myra Avenue APN 16390710100 Owner's Name IAlbert P & Judith K City, State Zip IChu1a Vista, CA 91910 UUD Address 1882 Myra Avenue Owners's Address 1883 Maria Way APN 16390730100 Owner's Name ¡Joseph A Garcia & Norma A D I City, State Zip IChula Vista, CA 91910 UUD Address 1883 Maria Way Monday, November 25, 2002 Page 7 of 14 (Î' / F AFFECTED PROPERY OWNERS Owners's Address 1883 Melrose Avenue APN 16392400400 Owner's Name IGary S & Kumiko Wetter City, State Zip IChula Vista, CA 91910 UUD Address 1883 Melrose Avenue Owners's Address 1883 Myra Avenue APN 16390720100 Owner's Name IRandal L & Barbara M Jones City, State Zip IChula Vista, CA 91910 UUD Address 1883 Myra Avenue Owners's Address 1888 Maria Way APN 16390720700 Owner's Name ITimothy & Michelle Gray City, State Zip IChula Vista, CA 9t910 UUD Address 1888 Maria Way Owners's Address 1888 Melrose Avenue APN 16390730700 Owner's Name Spencer D & June C Samuels City, State Zip IChula Vista, CA 91910 UUD Address 1888 Melrose Avenue Owners's Address 1888 Monterey Court APN 16392401000 Owner's Name IDale E Smith City, State Zip IChula Vista, CA 91910 UUD Address 1888 Monterey Court Monday, November 25, 2002 Page 8 ofl4 /1-11 AFFECTED PROPERY OWNERS Owners's Address 1888 Myra A venue APN 16390710200 Owner's Name IJohn A & Robin E Katnich City. State Zip IChula Vista, CA 91910 UUD Address 1888 Myra A venue Owners's Address 1889 Melrose A venue APN 16392400500 Owner's Name IDavid R & Sandra K Hodge City, State Zip IChula Vista, CA 91910 UUD Address 889 Melrose A venue Owners's Address 1889 Monterrey Court APN 16392402600 Owner's Name ¡Alan P & Sylvia McGreevy City, State Zip IChula VistO,CA 91910 UUD Address 1889 Monterey Court Owners's Address 1892 Maria Way APN 16390720600 Owner's Name IDiane G Furuya City, State Zip IChula Vista, Ca 9 t 91 0 UUD Address 1892 Maria Way Owners's Address 1892 Melrose Avenue APN 16390730600 Owner's Name David & Cristina Suzuki City, State Zip IChula Vista CA 91910 UUD Address 1892 Melrose Avenue Monday, November 25, 2002 Page 9 of 14 11- :;0 AFFECTED PROPERY OWNERS Owner.'. Addre.. 1892 Monterey Court APN 16392440090 Owner's Name IRichard W & Jean E Booker City, State Zip ehul< Vista, CA 91910 UUD Addre.. 1892 Monterey Court Owner.'. Addre.. 1892 Myr< Avenue APN 16390710300 Owner's Name ICarlos & Carmen Fierro City, State Zip IChul< Vista, CA 91910 UUD Address 1892 Myra Avenue Owners's Address 1893 Me1rose Avenue APN 16392400600 Owner's Name IJoseph E & Rita J Greig City, State Zip lehula Vista, CA 919 t 0 UUD Address 1893 Melrose Avenue Owners's Address 1893 Monterrey Court APN 16392402700 Owner's Name Maurilio & Cecilia Fernandez City, State Zip lehula Vista, CA 91910 UUD Address 1893 Monterey Court Owners's Address 1893 Myra Avenue APN 16390720300 Owner's Name IA~on & Lucille Wooten City, State Zip IChul< Vista, CA 91910 UUD Address 1893 Myra Avenue Monday, November 25, 2002 Page 10 of 14 J 1- ;;.1 AFFECTEDPROPERYOWNERS Owners's Address 1897 Maria Way APN 16390730400 Owner's Name IPhylliS M Delaire City. State Zip Chula Vista, CA 91910 UUD Address 1897 Maria Way Owners's Address 1897 Myra A venue APN 16390720400 Owner's Name IHector S & Kathleen J G City. State Zip IChula Vista, CA 9t910 UUD Address 1897 Myra A venue Owners's Address 1898 Maria Way APN 16390710300 Owner's Name IMark A Duval City, State Zip Chula Vista, CA 91910 UUD Address 1898 Maria Way Owners's Address 1898 Melrose A venue APN 16390730500 Owner's Name Raquel Sanchez City, State Zip Chula Vista, CA 91910 UUD Address 1898 Melrose A venue Owners's Address 1898 Monterey Court APN 16392400800 Owner's Name IRamona E Corona & Raquel C I City, State Zip IChula Vista, CA 91910 UUD Address 1898 Monterey Court Monday, November 25, 2002 Page 11 of14 11" ~;;- AFFECTED PROPERY OWNERS Owners's Address 1902 Monterrey Court APN 16392611100 Owner's Name ¡Anne M Battaglino City, State Zip IChula Vista, CA 91910 UUD Address 1902 Monterey Court Owners's Address 1903 Monterrey Court APN 16392612600 Owner's Name IJefferey S & Michelle Sweene I City, State Zip IChula Vista, CA 91910 UUD Address 1903 Monterey Court Owners's Address 1908 Monterrey Court APN 16392611200 Owner's Name IDavid Charles Johnson, Edwin I City, State Zip IChula Vista, CA 91910 UUD Address 1908 Monterey Court Owners's Address 1909 Monterrey Court APN 163926t2500 Owner's Name IBrian & Hettich Kathy Kiel City, State Zip IChula Vista, CA 91910 UUD Address 1909 Monterey Court Owners's Address 1916 Monterrey Court APN 16392611300 Owner's Name IY oshiko M Boll City, State Zip IChula Vista, CA 91910 UUD Address 1916 Monterey Court Monday, November 25, 2002 Page 12 of 14 /1-;;;3 AFFECTED PROPERY OWNERS Owners's Address 1923 Monterrey Court APN 16392612300 Owner's Name ITodal Trust City, State Zip IChula Vista. CA 91910 UUD Address 1923 Monterey Court Owners's Address 1924 Monterrey Court APN 16392622400 Owner's Name IKaren L Monroe City, State Zip IChula Vista, CA 91910 UUD Address 1924 Monterey Court Owners's Address 1925 Monterrey Court APN 16392612200 Owner's Name IMichael & Linda J Gilgun City, State Zip IChula Vista, CA 91910 UUD Address 1925 Monterey Court Owners's Address 1930 Monterrey Court APN 16392611500 Owner's Name ¡Orville & Jo Nell Rumsch City, State Zip IChula Vista, CA 91910 UUD Address 1930 Monterey Court Owners's Address 1931 Monterrey Court APN 16392612100 Owner's Name ¡Sheryl M Thomas City, State Zip IChula Vista, Ca 91910 UUD Address 1931 Monterey Court Monday, November 25, 2002 Page 13 of 14 /1-;:J-{ AFFECTED PROPERY OWNERS Owners's Address 1936 Monterrey Court APN 16392611600 Owner's Name IDaniel J & Rhoda Schulte City, State Zip IChu]a Vista, CA 9]910 UUD Address 1936 Monterey Court Owners's Address 1937 Monterrey Court APN 16392612000 Owner's Name Ralph C & Jackelina L Dow City, State Zip IChula Vista, CA 9]9]0 UUD Address 1937 Monterey Court Owners's Address 19395 Michelle Drive APN 1639261 ]900 Owner's Name IMarie D & Ted & Anne Velingl City, State Zip IAuburn, CA 95603 UUD Address 1945 Monterey Court Owners's Address 1948 Monterrey Court APN 16392611800 Owner's Name IMaureen Macnair City, State Zip IChu]a Vista, CA 9]910 UUD Address 1948 Monterey Court Owners's Address ¡P. O. Box 530978 APN 16390730300 Owner's Name IJohn D Ruby L Birchurn City, State Zip Isan Diego, CA 92153 UUD Address 1893 Maria Way Monday, November 25, 2002 Page 14 of 14 /1;-;}5 ATTACHMENT "Ð" RESOLUTION NO. 2002-441 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITIES ALONG EAST "L" STREET FROM MONSERA TE AVENUE TO NACION AVENUE, AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 134 FOR DECEMBER 10,2002 AT 6:00 P.M. WHEREAS, Chapter 15.32 of the Chula Vista Municipal Code establishes a procedure for the creation of underground utility districts and requires as the initial step in such procedure the holding of a public hearing to ascertain whether public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or sirnilar or associated service in any such district; and WHEREAS, on March IS, 2002, Underground Utility Advisory Committee (UUAC) meetings were held at the site to determine the proposed boundary of an underground utility district for the conversion of existing overhead utilities along East "L" Street from Monserate Avenue to Nacion Avenue; and WHEREAS, it has been recommended that such an underground utility district, hereinafter called "District", be formed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. NOTICE IS HEREBY GIVEN that a public hearing will be held in the Council Chambers of the City of Chula Vista at 276 Fourth Avenue in said City on Tuesday, the lOth day of December, 2002, at the hour of 6:00 p.m., to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the District hereinabove described. At such hearing, all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time to time as may be determined by the City Council. 2. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned of the time and place of such hearing by mailing a copy of this resolution to such property owners and utilities concerned at least fifteen (IS) days prior to the date thereof. 3. The area proposed to be included in the District is as shown on Exhibit A attached hereto and made a part hereof by reference. 1 1-;)-~ ATTACHMENT "Ð" Presented by Approved as to form by John P. Lippitt Public Works Director John M. Kaheny City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 12th day of November, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Horton, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-441 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 12th day of November, 2002. Executed this 12th day of November, 2002. Susan Bigelow, City Clerk r7~;) 7 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 134 ALONG EAST "L" STREET FROM MONSERATE AVENUE TO NACION AVENUE AND AUTHORIZING THE EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE SERVICE LATERAL CONVERSION WHEREAS, by Resolution No. 2001-441, a public hearing was called for on Tuesday, the December 10,2002, in the Council Chambers of the City ofChula Vista at 276 Fourth A venue in said City, to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated service aJong East "L" Street from Monserate Avenue to Nacion Avenue. WHEREAS, notice of such hearing has been given to all affected property owners as shown on the last equalized assessment roll, and to the utility companies concerned in the manner and for the time required by Jaw, and WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City ofChula Vista hereby finds and determines that the public health, safety and welfare requires the removal of poles, overhead wires and associated structures, and the underground installation of wires and faciJities for supplying electric, communication or similar associated services, the above-described area is hereby declared an Underground Utility District, and is designated as such in the City of Chula Vista. Attached hereto, marked Exhibit "A", and incorporated herein by reference is a map deJineating the boundaries of said District. BE IT FURTHER RESOLVED that the City Council shall, by subsequent resolution, fix the date on which affected property owners must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar associated service within said Underground Utility District. BE IT FURTHER RESOLVED that the City CJerk is hereby instructed to notify all affected utilities and all persons owning real property within said Underground Utility District of the adoption of this resolution within fifteen days after the date of said adoption. Said City Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desires to continue to receive electric, communication or other similar or associated service, they, or such occupant shall, by the date fixed in a subsequent resoJution provide all necessary facility changes on their premises so as to receive such service fTom the lines of the suppJying utility J:IAnomeyIRESOIUUD establish 134.doc I j1/;}r¿' or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State ofCaJifornia as of the date of adoption ofthis resolution. Such notification shaIl be made by mailing a copy ofthis resolution to affected property owners as shown on the last equalized assessment roIl and to the affected utility compallles. BE IT FURTHER RESOLVED that the City Council hereby finds that the Underground Utility District herein created is in the general public interest for the foIlowing reasons: I. East "L" Street is a four-lane west/east major thoroughfare between the western and eastern portions ofChula Vista. The undergrounding of existing overhead utilities wiIl contribute to the creation of an aestheticaIly pJeasing major street. 2. This segment of East "L" Street is classified in the General Plan's CircuJation Elements as a Class I Collector street. BE IT FURTHER RESOLVED that the City Council does hereby authorize the use of approximately $400,000 in utility allocation funds to cover the cost of pole removal, undergrounding overhead facilities, and private property conversion reimbursements. Presented by Approved as to form by D tM- 7. ~ ...f, John M. Kaheny City Attorney John P. Lippitt Director of Public Works J:IAnomeyIRESOIUUD establish] 34,doc 2 /1" ;;e¡ COUNCIL AGENDA STATEMENT Item IF) Meeting Date 12/10/02 ITEM TITLE: Public Hearing Consideration of establishing Utility Undergrounding District No. 135 along "L" Street ITom Broadway to Third Avenue Resolution Establishing Utility Undergrounding District No. 135 along "L" Street ITom Broadway to Third Avenue and authorizing the expenditure of Utility Allocation Funds to subsidize private service lateral converSIOn SUBMITTED BY: Director of Public Works~' City Manager ~ Q~ (4/5ths Vote: Yes_No...K..) REVIEWED BY: On Novernber 12,2002, the City Council approved Resolution No. 2002-440 and ordered a Public Hearing to be held on December 10, 2002 to determine whether the public health, safety or general welfare requires the formation of a utility undergrounding district along "L" Street ITom Broadway to Third A venue (See Exhibit A). The purpose offorming the district is to require the utility companies to underground all overhead lines and to remove all existing wooden utility poles within the proposed district. The proposed utility undergrounding district is about 3,900 feet long and is estimated to cost approximately $700,000. SDG&E's allocation funds (Rule 20-A) will be used to cover the cost of the project including reimbursements to affected property owners for their respective trenching cost. RECOMMENDATION: That Council: I. Conduct a Public Hearing on the formation of Utility Underground District No. 135; 2. Approve a resolution forming the district and authorizing the use of approximately $700,000 in utility allocation funds to cover the cost of pole removal, undergrounding overhead facilities, and private property conversion reimbursements. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Underground Utility Advisory Committee (UUAC), consisting of representatives of SDG&E, Pacific Bell, Cox Communications, ChuIa Vista Cable and the City, agreed to propose to the City Council the formation of a district for the conversion of overhead utilities to underground along "L" /8-/ Page 2, Item I S Meeting Date 12/] 0/02 Street, frorn Broadway to Third Avenue. The proposed utility undergrounding district along "L" Street is about 3,900 feet 10ng running from Broadway to Third Avenue (See Exhibit A). The estimated cost for undergrounding the utilities is $700,000. The Average Daily Traffic (ADT) count on "L" Street between Broadway to Third A venue is approximately 16,500. The residences on the 900 block of Cedar Avenue incJuded in this undergrounding district (Exhibit A) were determined during a field investigation conducted by representatives of Cox Communications, Pacific Bell, SDG&E, and City ofChula Vista staff. In order to underground the utilities along "L" Street from Broadway to Third Avenue, up-poles would have been necessary along a connecting street, Cedar Avenue. In order to avoid the installation of additional poles, City staff determined that it would be rnore feasible to incJude the entire side street in the district, resulting in cornpIeteIy undergrounded utilities rather than the addition of up-poles. Section 15.32.130 of the Chula Vista Municipal Code requires the City Council to set a public hearing to determine whether the public health, safety, and general welfare requires the undergrounding of existing overhead utilities within designated areas of the City. The intent ofthe public hearing is to give persons the opportunity to speak in favor of or against the formation of a proposed district to underground utilities. The formation of the district will require the utility companies to underground all overhead lines and other facilities, and to remove all existing wooden utility poles within the District. All property owners within the proposed district will also be required to convert their service connections to underground. The undergrounding of utilities will be coordinated with the City ofChula Vista street light design project. Said project, which will replace existing street lights on wooden poles with street lights on concrete poles, and the addition of street lights where applicable, is the responsibility of the City of ChuIa Vista. Construction for the street light design project is anticipated to begin shortly after the beginning of construction of SDG&E' s undergrounding of electrical utilities within the street right- of-way. The Cedar Park subdivision is a proposed subdivision within the subject undergrounding utility district. Requirernents for the Cedar Park subdivision as well as any future development will incJude the undergrounding of any proposed utilities. Staff recommends the formation of this conversion district along this section of "L" Street because: 1. "L" Street is a four-lane west/east major thoroughfare between the western and eastern portions of Chula Vista. The undergrounding of existing overhead utilities will contribute to the creation of an aesthetically pleasing major street. 2. This segment of"L" Street is cJassified in the General Plan's Circulation Elements as a Class I Collector street. The conversion work by the property owners involves trenching, backfill and conduit installation from property line to point of connection. Chula Vista City Council Policy No. 585- I established a If-J- Page 3, Item /~ Meeting Date 12/10/02. mechanism that helps property owners with the cost of the conversion work from the distribution lines to the structure. Said poticy provides for the reimbursement ofproperty owners at arate of $35 per lineal foot of trenching, which is normally sufficient to cover total costs. Exhibit B shows a reimbursement schedule listing reimbursement amount for all 36 affected properties, two of them are schools, one church, and 33 residential properties of which 12 are within the Montgomery Annexation area. The total reimbursement is approximately $66,000 and is included in the overall cost estimate of $700,000. A public heating notice has been mailed to all property owners and occupants of property (see Exhibit "C"), located within the boundaries of the proposed district. FISCAL IMPACT: The cost of pole removal, under~'ounding overhead facilities and private property conversion reimbursements as outlined above is estimated to be approximately $700,000. SDG&E's allocatiun funds (Rule 20-A) will cover the estimated cost of the project. The estimated cost for street light project associated with the undergrounding dis~ct is estimated to be approximately $I00,000. City staff will be establishing a separate CIP project for the street light work to be done is FY 03/04. The $100,000 funding source is anticipated to come from Gas Tax. All staff costs associated with the formation of this district is not reimbursable from the allocation funds and, therefore, are borne by the general fund. Attachment: Exhibit A - Boundary Map Exhibit B - Reimbursement Schedule Exhibit C - Mailing List Exhibit D - Council Agenda Statement (Intention to Create District) J:~Engineer~AGENDA\UUD135 Public Hearing. Iai.doc UUD 135 - East "L" Street from Broadway to Third Avenue UNDERGROUNDINO MAILING LIST EXHIBIT "C" AFFECTED PROPERTY OWNERS APN [6180611000 ] Owners's Name [ALLEN GREGORY C&ANGELA S ] Owners Address [510 L ST ] City, State ~HULA VISTA, CA Zip [91911 Owners's Name [BANUELOS RICARD0&SILVIA 1 ] Owners Address ~430 L ST ] City, State [CHULA VISTA, CA Owners's Name [BUCKINGHAM REVOCABLE TRUST ] Owners Address {5966 STEEPLECHASE RD ] City, State {BONITA, CA Zip 191902 J Owners's Name ]CALLISON FAMILY TRUST ] Owners Address ]910 CEDAR AVE City, State tCHULA VISTA, CA Zip 191911 I UUD Street ~ICEDAR AVE I Monday, November 25, 2002 Page 1 of 9 18-/o AFFECTED PROPERTY OWNERS APN [6180721700 ] Owners's Name [CHAVEZ DELIA Owners Address L416 L ST City, Stata [CHULA VISTA, CA UUDStreet Owners's Name [CHULA VISTA CHURCH OF CHRIST Owners Address ~70 L ST City, State [CHULA VISTA, CA uuD Street Owners's Name LCHULA VISTA CHURCH OF CHRIST Owners Address ~70 L ST city, State LC.U~ v~sr~, C~ UUD Street ~ ~ ST Owners's Name [CHULA ~STA ELEMENT~Y SCHOOL Ownem Address [84 EAST J ST c~, S~at~ F.~ V~S~, C~ UUD Street 1350 I~LST Monday, November 25, 2002 Page 2 of 9 18-// AFFECTED PROPERTY OWNERS APN [5734502000 Owners's Name [DESSER PETER F TR Owners Address ~825 BU'ITERNUT HOLLOW LN J City, State LBON]TA, CA J Zip [91902 ] UUD Street i327 IIL ST AP" L61so72],oo Owners's Name LHARDING CHARLENE B TR Owners Address L657 MISSION CT City, State ~HULA VISTA, CA Zip ~1910 U UD Street ~-~--] IL ST ] APN t57345°16°° / Owners's Name IHARLAN MICHAEL E ] Owners Address 1347EST ] City, State ICHULA VISTA, CA Zip 191911 I A.N 16180721~00 ] Owners's Name [HARTIN FAMILY TRUST ] Owners Address [422 L ST ] City, State [CHULA VISTA, CA ] Zip [91911 J Monday, November 25, 2002 Page 3 of 9 AFFECTEO RO E.T OW~ RS APN [6180510300 Owners's Name [HERNANDEZ LOURDES S ] Owners Address [918 CEDAR AVE ] City, State [CHULA VISTA, CA ] Zip [91911 UUD Street ~ tCEDAR AVE I APN ~180510400 Owners's Name [HERRERA JOSE&TERESA l Owners Address [926 CEDAR AVE City, State LCHULA VISTA, CA Zip b91911 I UUD Street ~ fCEDAR AVE APN L618o721ooo Owners's Name ~ILDEBRAND FAMILY TRUST Owners Address ~5344 CORAL LAKE AVE City, State LeAN DIEGO, CA Zip ~2119 UUD Street [~-~ [L ST APN ~5180722800 J Owners's Name ~tOSAKA TOM M TRUST Owners Address ~t34 L ST City, State ~HULA VISTA, CA Zip ~1911 J UUD Street ~34 ][L ST Monday, November 25, 2002 Page 4 of 9 AFFECTED PROPERTY OWNERS APN [5734502300 I Owners's Name [J D L ENTERPRISES L L Owners Address L5714 FERBER ST City, State [SAN DIEGO, CA Zip [92122 UUO Street [~'~ IL ST APN [5734501900 Owners's Name LJONES BARBARA A TR Owners Address L331 L ST City, State LCHULA VISTA, CA Zip [91911 UUD Street ~[LST APN [5734504000 J Owners's Name [LALANDE GERALD R&RITA Owners Address [3808 GEORGIA ST #303 City, State [SAN DIEGO, CA Zip [92103 I UUO Street ~tLST APN L57345o39oo J Owners's Name LM~JSCAL LUZ A Owners Address I341 L ST City, State [emmA VISTA, CA Zip [91911 UUD Street ~ILST Monday, November 25, 2002 Page 5 of 9 A~FECTEO ~ROFERT~ O~V~~RS APN [5722920800 J Owners's Name IMARSHALL ROBERT N&FRANCES E Owners Address 1897 CEDAR AVE I City. State ICHULA VISTA,CA I Zip ~1911 A~N 161~o61o8oo ~ Owners's Name [MIKOL~CZYK WALTER B ] Owners Addrees 1522 L ST ] City, State ICHULA VISTA, CA ] Z'p ~91911 APN 6180721500 Owners's Name OFFE~AN CHA~ES M Owners Address 101~ ASHD~E LN City, State SAN~E, CA Zip 92071 UUD Street 428 ][LST APN [5722910800 ] Ownem's Name [OLSON EL~E~ B Ownem Address [898 CED~ AVE CRy, State [CHULA VISTA, CA Zip [91911 ~os~.~ f~ I~c~v~ Monday, November 25, 2002 Page 6 of 9 AFFECTED PROPERTY OWNERS APN 5722830800 Owners's Name OSUNA BRAULIO R&PATRICIA G*SWJT] Owners Address 897 BEECH AVE ] City, State CHULA VISTA, CA ] Zip 9191l UUD Street 897 ][BEECH AVE ] APN 6180520100 ] Owners's Name PALACIOS SARA A ] Owners Address 544 L ST ] City, State CHULA VISTA, CA Zip 91911 UUD Street 544 ]tLST ] APN 5734404200 J Owners's Name PROVENCIO PATRICIO&BEATR1CE L Owners Address 353 L ST City, State CHULA VISTA, CA ] Zip 91911 UUD Street 353 ][LST ] APN 16180721800 J Owners's Name ISHOWMAN DOROTHY REVOCABLE LI Owners Address ~410 L ST J City, State [CHULA VISTA, CA I Monday, November 25, 2002 Page 7 of 9 A FEC TEO ROP .. ow~ Rs APN [6180520200 ] Owners's Name [SILVA RONALD M&LINDA M Owners Address [540 L ST City, State [CHULA VISTA, CA Zip [91911 UUD Street [540 I[LST APN [6180611100 Owners's Name [SMAY GARY R LIVING TRUST Owners Address [500 L ST City, State [CHULA VISTA, CA Zip [91911 UUD Street [500 ][LST APN [6l 80610900 ] Owners's Name ISMAY MARIA C Owners Address [608 THORN ST City, State [IMPERIAL BEACH, CA Zip [91932 UUD Street [516 }[LST APN [6180520400 ] Owners's Name Isre , R DUANE H&MAXINE M TRS Owners Address 1925 BEECH AVE City, State ICHULA VISTA, CA Zip 191911 U U D Street ]925 ][CEDAR AVE Monday, November 25, 2002 Page 8 of 9 AFFECTED PROPERTY OWNERS APN [6180510100 I Owners's Name [TORRES VINCENT R JR&MARY Owners Address [550 L ST City, State [CHULA VISTA, CA Owners's Name [TSURUDOME PEGGY TR Owners Address [898 BEECH AVE City, State [CHULA VISTA, CA Zip [91911 ] UUDS,reet 1898 I IBEEC.~W APN L6190103200 Owners's Name [~IVERSAL CH~CH OF THE KINGDO Owners Address ~220 E 23~ ST ~509 c,,~. ~a,~ I~W ~O~. ~ Z,~ ~0o,0I UUD Street 134a ~[L ST APN 1~80~0300~ Ownem's Name ~WOODSFO~ B~ Owners Address lOG C~OL HUGHES Ci~, State [P O BOX 173 z,. ~o j U~*ree, [~0 Monday, November 25, 2002 Page 9 of 9 A TTA CHMENT "D" RESOLUTION NO. 2002-440 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITIES ALONG "L" STREET FROM BROADWAY TO THIRD AVENUE, AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UNDERGROUND UTILITY DISTRICT NUMBER 135 FOR DECEMBER 10, 2002 AT 6:00 P.M. WHEREAS, Chapter 15.32 of the Chula Vista Municipal Code establishes a procedure for the creation of underground utility districts and requires as the initial step in such procedure the holding of a public hearing to ascertain whether public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service in any such district; and WHEREAS, on April 12, 2002, Underground Utility Advisory Committee (UUAC) meetings were held at the site to determine the proposed boundary of an underground utility district for the conversion of existing overhead utilities along "L" Street from Broadway to Third Avenue; and WHEREAS, it has been recommended that such an underground utility district, hereinafter called "District", be formed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. NOTICE IS HEREBY GIVEN that a public hearing will be held in the Council Chambers of the City of Chula Vista at 276 Fourth Avenue in said City on Tuesday, the 10th day of December, 2002, at the hour of 6:00 p.m., to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the District hereinabove described. At such hearing, all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time to time as may be determined by the City Council. 2. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned of the time and place of such hearing by mailing a copy of this resolution to such property owners and utilities concerned at least fifteen (15) days prior to the date thereof. 3. The area proposed to be included in the District is as shown on Exhibit A attached hereto and made a part hereof by reference. ATTACHMENT "D" Presented by Approved as to form by John P. Lippitt John M. Kaheny Public Works Director City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of November, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Horton, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-440 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chuta Vista City Council held on the 12th day of November, 2002. Executed this 12th day of November, 2002. Susan Bigelow, City Clerk RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 135 ALONG EAST "L" STREET FROM BROADWAY TO THIRD AVENUE AND AUTHORIZING THE EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE SERVICE LATERAL CONVERSION WHEREAS, by Resolution No. 2001-440, a public heating was called for on Tuesday, the December 10, 2002, in the Council Chambers of[he City of Chula Vista at 276 Fourth Avenue in said City, to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated service ~along East "L" Street from Broadway to Third Avenue. WHEREAS, notice of such hearing has been given to all affected property owners as shown on the last equalized assessment roll, and to the utility companies concerned in the manner and for the time required by law, and WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds and determines that the public health, safety and welfare requires the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication or similar associated services, the above-described area is hereby declared an Underground Utility District, and is designated as such in the City of Chula Vista. Attached hereto, marked Exhibit "A", and incorporated herein by reference is a map delineating the boundaries of said District. BE IT FURTHER RESOLVED that the City Council shall, by subsequent resolution, fix the date on which affected property owners must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar associated service within said Underground Utility District. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within said Underground Utility District of the adoption of this resolution within fifteen days after the date of said adoption. Said City Clerk shall further notify said property owners of the necessity that, i'f they or any person occupying such property desires to continue to receive electric, communication or other similar or associated service, they, or such occupant shall, by the date fixed in a subsequent resolution provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective J:\Artorney\RESO\UUD establish 135.doc 1 utility or utilities on file with the Public Utilities Commission of the State of California as of the date of adoption of this resolution. Such notification shall be made by mailing a copy of this resolution to affected property owners as shown on the last equalized assessment roll and to the affected utility companies. BE IT FURTHER RESOLVED that the City Council hereby finds that the Underground Utility District herein created is in the general public interest for the following reasons: 1. East "L" Street is a four-lane west/east major thoroughfare between the western and eastern portions of Chula Vista. The undergrounding of existing overhead utilities will contribute to the creation of an aesthetically pleasing major street. 2. This segment of East "L" Street is classified in the General Plan's Cimulation Elements as a Class I Collector street. BE IT FURTHER RESOLVED that the City Council does hereby authorize the use of approximately $700,000 in utility allocation funds to cover the cost of pole removal, undergrounding overhead facilities, and private property conversion reimbursements. Presented by Approved as to form by John P. Lippitt John M. Kaheny Director of Public Works City Attorney J:\Attorney\RESO\UUD establish 135.doc 2 COUNCIL AGENDA STATEMENT Meeting Date: 12/10/02 ITEM TITLE: Public Itearing: Precise Plan for a 6,600-sq. ft. satellite retail building in an existing in-line retail shopping center, located at 1210 Broadway, southwest comer of Oxford Street. Resolution Of the City Council of the City of Chula Vista granting a Precise Plan to allow the development of a 6,600-sq. ft. satellite retail building in an existing shopping center, located at 1210 Broadway, southwest comer of Oxford Street. Applicant: John Ziebarth (PCM-02-22). SUBMITTED BY: Director of Planning and Buildin~ REVIEWED BY: City Manager (4/5ths Vote: Yes No X) This Public Hearing is being continued to the City Council meeting of December 17, 2002. COUNCIL AGENDA STATEMENT Item: Meeting Date: 12/10/02 ITEM TITLE: RESOLUTION APPOINTING A REPRESENTATIVE AND ALTERNATE TO THE HEARTLAND COMMUNICATIONS FACILITY AUTHORITY COMMISSION SUBMITTED BY: Fire Chief REVIEWED BY: City Manager'~''~J (4/Sths Vote: Yes No, X ) Headland Communications is requesting a member of the Chula Vista City Council be appointed to serve on the Headland Communications Facility Authority Commission. The Headland Communications Facility Authority is a regional 9-1-1 and emergency dispatch agency. RECOMMENDATION: That Council appoint a representative and alternate to the Heartland Communications Facility Authority Commission. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION In July, Council approved a joint powers agreement with Headland Communications. The Heartland Communication Facility Authority is a regional 9-1-1 and emergency dispatch agency. Member agencies consist of the cities of El Cajon, La Mesa, Lemon Grove, and Santee, and the fire protection districts of Alpine, East County, Lakeside and San Miguel. On a contractual basis, Headland Communications also dispatches fire and medical emergencies for the Cities of National City, Imperial Beach, and Coronado in addition to Bonita and several other fire agencies. In accordance with the Joint Powers agreement, Headland Communications is requesting a member of the Chula Vista City Council be appointed to serve on the Commission. The Heartland Communications Facility Authority will review and approve Heartland Communications documents and agreements and develop budget and apportionment recommendations. The Commission meets at 4:00 p.m. on the fourth Thursday of each quarter in the City of El Cajon. Meetings are held at a City of El Cajon Fire Station located at 100 East Lexington Avenue. The next regular meeting is scheduled for January 23, 2003. Commission members receive a stipend of $100 for attendance at the meetings. FISCAL IMPACT Appointing a representative and alternate results in no fiscal impact to the General Fund. RESOLUTION NO. RESOLUTION APPOINTING A REPRESENTATIVE AND ALTERNATE TO THE HEARTLAND COMMUNICATIONS FACILITY AUTHORITY COMMISSION WHEREAS, Heartland Communications is requesting a member of the Chula Vista City Council be appointed to serve on the Heartland Communications Facility Authority Commission; and, WHEREAS, The Heartland Communication Facility Authority is a regional 9-1-1 and emergency dispatch agency; and, WHEREAS, Member agencies consist of the cities of El Cajon, La Me~a, Lemon Grove, and Santee and the fire protection districts of Alpine, East County, Lakeside and San Miguel; and, WHEREAS, The Commission meets at 4:00 p.m. on the fourth Thursday of each quarter in the City of El Cajon; and, WHEREAS, Meetings are held at a City of El Cajon Fire Station located at 100 East Lexington Avenue, El Cajon, CA; and, WHEREAS, The next regular meeting is scheduled for January 23, 2003. Commission members receive a stipend of $100 for attendance at the meetings. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby appoint a representative and alternate to the Commission of the Heartland Communications Facility Authority. Presented by: ~ Approved as to form by: F'inugf'as_~. Perry .~'re Chief~ John M. Kaheny- ~ ' City Attorney ~VI$~D L~$T December Si'h, 2002 MEMO TO: The __ Ci~, Honorable Mayor & Ci Council FROM: Petty Wes: SUB~TECT: CL-TY COUNCJ:L COMMZTTEE A$$TGNMENT$ Ifs that time of year once again when Council assignments need to be confirmed. To that end, Mayor Padilla has asked that members of Council review the enclosed list (these selections were made in December 2001) so that assignments can be confirmed during the regular Council meeting of 12/]0/02. Thank You. EncJs. ~ Cc: Mayor Padilla City Clerk ~Please calendar this item for discuss/on under IHayor's Report. '<t 0> _"I ;,:l() a. ' a.~ .- 0> ..J<D c~ .c~ 0<D -:>- ~ Q '" ro c ro :2 .i':' cO 0- tC OJ!! ::I:.~ (J)~(J) roO(J) m >.« (J) ro , .....:¡:2 Q ,ro .oQ C E- ~ roQ Q) c:±::' (/) E Q; «"¡:: =±::'''Co "« C "" C......Ooe:: :::JU)0-c O.!:: 0)._ OLL(J)(J) E ci. 0"": ""a .;..:...- _"I roO> -6 :5", 5·~ EO Q c :5~ - - :01: ~ LL:J -(J) (J) ~ãf Q Q .cZ -(J) 15m (J)O -0 æ<D :2ro "2 o "iñ (J) ...1~ '" E -0 ;0 "'0 - ~ (J)- .. Q ~~ c c .. 0 -.- ::0 o (J) c,'- o E bE '" 0 :20 <f:'<t roo> ~o i!!", ~, "'~ :r0> <D "'~ co> ro~ ~<D LL_ ~ ., goO '6 E ro Q CL5 '13 C :J o o Q ro C ~ J!¡ <ë "0 C o " Q (J) ~ Q .0 E Q 5 '13 C :J cO 00 t, 0., :r_ ~ro OC >.~ roJ!¡ :2<ë ...: Q -- ~. C "m Q) .cO O. >.~ .0 a::: 0 "O~'" "Q Q =t5=æo "~ C (J),ro ro~(J) .c Q _ ëE~ °oc E "'Q ~ë«> "0 :5:20 °ev-g ~.c C Q - 0 >- ~ .,roo (/J~t) -roo '':IN Q (J)O :2:J"" '" .!:! Õ 0.. '" ~ .. 0.. ¡;¡ c o '¡;' '" a::: "'''' .!!,S 7i~ >E "'E :!o 00 o (J) 0 o "" "'''' ~ .n ëü 0> e.:> ", ~m ro ~ e.:> !£. (J) ro ëü (J) (J) ro ëü (J)(J) os; '- roQ 0.0 ~E Q Q .oE E= Q " Ec _:J .- 0 go 61 OJ!¡ 'ro _Q C -- ~ OroQ t::c±::' QêD« :J:±::,"'C ~ « C 0_ 0 >'(J)" ro~Q :2Ü:(J) 01' '?g ""0 roa::: .c"O - ~ cro 00 Em , .c~ "0 roo .,- _LL ~O~ "0 - "¡:: ãJ LLi!! .c- _(J) '<too ., .c~ . -00 c'<t '" 0_ Q ro'- J!l _0 æ Elc ~cå~ ....~ oe.:> c« 00 :.=z .!!! « "(J) 0- tJ _ tJ tJ «ë 0'" "'E .S! I: c; c> .. 0 (/)e¡ ~ o >. ro :2 ro E ro o o ¿,; ro .c ë o E. "50 ro¡¡r ~o :o~: ~ LLQ -Q tJ z ~(J) 2m Q ~ Q o :2'<t '" '" ~ E E o o '" > :¡: ::I " '" >< w e¡ « c z « (/) o tJ o 0"" "'''' "', =", roo> e.:>'" ~m ro~ e.:>!£. ~.... i!!"" Q <D E Of E'" roo> ~", tm :J~ ~!£. C o t o :r (J) ro ëü (J) ~ Q .0 E Q 5 '13 C :J o o ro E ci. o o ~ ro >. ro "0 .¡:: LL "" Q :5 c~ 0·- >.:::: 1::0 Q e.:> t« ~o oz (J)« âj(J) Q Q :2:5 , ¡;¡ c o '¡;' '" a::: o '" '" ë c ..", (/)" Iii: e¡0 «", c2' z", «c (/)W -c ., "0 Q Q C , (J) ro o E ro o "" ~ ~ - ro >. ro "0 .¡:: LL "0 C N Q :5 2 ., Q :2 ¡;¡ c .2 '" '" '" 0::", 0::: ",.- '" E ëE cO ..0 (/)- , 0 e¡o «0.. c; z~ «0 (/)0.. o o tJ '" .c'" ", ro'" (J)~ Q - >0> Q ~ -<D (/)- cO ·-0 ~'" "0'" - , ro", mo> c", ro~ (J)O> :J~ (J)!£. (J) .:; ro o õ o :2 C .c o -:> ~ Q .0 E Q 5 '13 C :J o o Q '" .9c .ro E"5 ro>. oro oE öcn ~Q ~~l gi :J Q)ï::::: ~~.3 .c "" " _ .:J v«~ 5E~ >.a::: '" - C ..c:: .__ "E'E-g 00Q Eo a. tJ .0 m§; "0:J :2c"O - c '" E ., W'" "'''' c::: ïñ ï~ g E J: 0 ,0 e¡~ «0 c (J) z':;: «'1:1 (/)« c o t o :r ~ o >. ro :2 o o N .9 ", ~ N ~ !~., Co NO .,a::: ="0 c~ ogJ >.m :¡:: ë'=: oLL E.c tJ ¡::: âj. Q E :2ci. I- W Z (/) z ~æ 1-::: I 'E S!E ....0 C" Z,Q «::I (/)(/) o o '" .,,,, ",' _", .co> ro", D..~ ,,0> ._~ ~<D W_ ª '6 ro CL ~ Q .0 cE OQ 155 I"ü ~ c O:J >.0 roo :2Q , - ~ro OC "'~ roJ!¡ :2<ë "'10 ~êD ;:« -0 ro~ .c~ ë"" o . E§ .,- .c~ -Q -.c 10~ "0'- cO oCL :2::; . "000 CLL'" N_.~ Q roo .c-c -Q eo cQ (J) 0:2 âj ./ <Ii CD E·~ :2 roO .... o '" '" =.æ: "'- .. ::I '" " -I'" >< ~w C tJ ::I '" 0;::; 0'- 0", o .. '" C).- _ CDt:~ ë:SE c: E .. .. 0 (/)00 "I .... '<t N , <D '" "" ~ ., .0 E tJ Q .!!!E (0= (J)" ~c Q :J .00 EO Q EQ =ro: "c c~ :JQ 0,", 0« E ro o '" ,:..: õí ~~ "00 (J)_ Q eo :JC 1-0 û)~ ~z Q - £1û Q c~ 0èi5 >.~ :¡::Q -> Co 00 E:r -.... Q N Q .... :2"1 " 'Ë_ 0'- c" o C ,,::I w8 ~- cC ::I'" oE oc, .c.2 -'" ::I> 0'" (/)C ~ o ~ '" ...: , .,~ :!::::: 0) Q <D ...J~ .00> o~ m!£. (J) .:; eo o (J) eo ëü (J) (;¡ Q .o c E o Q -gE ä::13 ~ C Q :J c.o 0 oEO tQ , o E ., :I:13m o c: E >':JQ roo=:: :20« E o o a::: Q " c i!! ~ c o o .¡¡ C :J o o "0 Q "0 Q Q C , tJ eo tJ âj Q :2 .!!! ::I .c o ~> .-0 Co "::J 02- :: CÞ .. " 0.. ....0 OLL ~'" ._ tJ tJ .. "I- ~ .. .- - c .!! ::I> ¿;2;t f3-3 > "0 - c '" ~ E o '" .¡ g» ~ ",cro .. .. (J) m:¡;;~ .. " g>.s Q) :a~': .2 e .-_ gc>~ .;;;"C~ ClJI:~ Q .. E - "'E ::: c E ._ 0 E c " oc.g U.!UJ .00..., ~ëõ:5 >.c.... cOO m'- - E g><ë (J)O:: . C9Q ã « :5 ïñ o -tJ z-·- «OE (J)ffiE 000 - 0 Q 0.. >-- ~U)U) ro",::I "E;e" OJ 'c c (J)::I .. ~t::..J a.0t:: f£ Q. 0 >.c,c, :=: O.~ ,,-« ~~"'C -oc rJJ .- m ro '" - Q '" '" ~o::~ m'¡o (J)CLL 0.2 ~ (J)_.. mftJ~ _z U)..:.- arlD;cri mCE~ EoG):¡::; Q) CD CD Q) ±::,CDcaQ) ra~;E -gE:¡;;e.:> roE",« wo-o rnO:z '" .""« ~Q»(/) Q)Q)""CL... -ct::cum .- -3 e.:>EI!", « E '" Q o '" ~ ZO_Q.) «0,:£ (/) ~'tJ- C) Q.):: ....f; J:: 0 ftS L... I-D..0:J m'O "'",Q .. :> C ~ '" Q ~.> ê: .- Q) 0 mo::" WESTERN PUMP, INC. petroleum & lubrication equipment specialists MEM Bf R ~PEI§ :!hWll[IJIf'MfN'I.§' ,,-..., I "f;XHIBIT 11 Highland ordering the waste oil piping to be installed "f;XHIBIT 2\ Letter from CEPIWPI stating that the waste oil piping was not included in their contract. "f;XHIBIT 31 Contract specification Section 15230 - Product Piping and Pump. "f;XHIBIT ~ Modification Proposal #5. "f;XHIBIT ~ SubContractor Change Order. "f;XHIBIT ~ Letter from Highland rejecting the Change Order. "f;XHIBIT ~ Claim against the City of Chula Vista. 3235 "F" Street· San Diego, CA 92102-3315 . (619) 239-9988 . Fax (619) 239-9925 www.westernpump.com , NOV, 29,,2001 11: 04AM H P 1 CV CORP YARD NO, 1618 p, ..~ Hi'gblan' d .~ . ' ~ .; I I' .' Thursday, November 29, 2001 Mr. Matt Broady Western pump 3235"F" Street San Diego, CA 92102-3315 RE: Immediate Notice to Proceed Document Number PCO·155 Chula Vista Corp Yard· 092 Dear Mr. Broady, This letter Is to direction to proceed with the following work: Date: Desc.ription~ 11/29/01 All Waste Oil Piping and Waste Coolant Piping per plan and spec. Please sign beiow and return a copy of this letter to indicate your acceptance of this work and proceed immediateiy. Please contact the undersigned at 619-397·0367 as SOOn as possible so as not to impact the COrlstruction schedule. Respectfully, ~~ Kurt Opsahl Accepted by: Date: . HighhmJ Pgrmer,,;h¡p, Inc. Cl)rpC'lL'3.lion Yard PtojCCt ofÎ1ct! ¡ 800 Moxw,lIltoad Ch\\I.Vi,bl,C^ 91910 Pho"': 619.397-0>67 Fax: 0 19_>97·0389 E:XH.I ßIJ . . , ,. . NOV, 29. .2001 11: 04AM H P I CV CORP YARD NO. 1618 P. 2 1}1 Highland Request for Information 589 Detall~d. RFls GroVpad by RFI Nvmber Chula Vista Corp Yard 1800 Maxwell Road Chula Vista. CA 91910 Project # 092 Highland Partnership, Ine Tel: 619.397-0367 Fax: 619·397-0369 .JS1I!......WHí;T. . I ."""""'_~'''Tr·-''''''''''''''''''·'''''''''''"'''-''=:--'''''''· """"'"""""~~~'~""~~''''''''''''''I'~''-''''''''''-' :"",,"!,,~~.::t""''''I'-.'')'':' . . ,." ,.~,,"...ø...u...y,.I"" ......, ,: '~~"'.'" "'p(þ a .<1, '. + V,,",, ",I" , ,......... _ ." "..,"'0" . ... 'w' .... ~(,.:.. . .~.J,\~._ ,...~.....__...... . ,,_..... ......-........... ....' .. RN~ Interplan, Inc Phil Allen Highland Partnership, Inc Gary Reinhold 800 Wilshire Blvd. 285 Bay Blvd. Suite 400 Chula Vista, CA 91910 ~os Angeles, CA 90017 .~~"...~¡...,..,_,..,.r--..,.""."·,..·,..,,-;'''....'..'"-r''..·.._..'''.iit""""''''''''=--- ."...... .-.........,.. .......... .. " , .....' Ii ""¡"" ¡"i"',,:," b:"¡,.':'.'~" .. ~;I·:¡·"í.1.."I',¡.· ,.;,,', ::"'" 1J.",·,..m'\'Y"''''''~ '. ,", ..," ..' ,;..,' "" .. ......._ ". .... __H"'-"-"--'-" ...._.....,..__........._.......... ............-. M'" ,...-¡,,¡........ ..-.-".. . ........-"...... ..........~".........-..". ..--' S'iJbJéët:., ..,-,.'" .....".. ". ',''''''', ,", Ori61pOrië -... ",' :.. . . ~;ì{igbrÿ , ,. Wašie Ói'i and waste Cooïani piping soopè' . '.' pÎumblng......·· -" . .. .... ., "'spëêiiìèa¡¡ön CiaÌiiicátiòn :'C'é';', 'GJ:!II\p'ãIj"',NJiií'iJj":;7" .. >', :"'.;;1:.' ,..,'eõ~""_"'ñ'!æ;;;:'-;~i',.~· c,,~~f;"':'~1 '.,;ç,,;r~;¡¡¡:r~1·"·="'."""i;';.,..T;;¡·;~; j.' ~ '.' ..:...._...... :.t__..._..' .",......~.,...._.. :" ,,,....!..4.I!~:4ù?J}:11!;.:u!:\t.r1i:._-'" _...:~.óù1.~~i£~UI::l'æIU iIiII.:.r:Mj(AM/~di¥!~uz¡¡.:.....ll :i~.. .~,.¡:,..' ; Q¡¡¡¡štrciii:-" . , --;. ,..~'''-:.. . -;',"'õ""~' i. ...., ...~. ;"; . :::;~ .. ;...~.. ,':, '", , "-:'7';1\' :;-;,:,-;:'~"" ,,;. ,:- -:.. -..:, :. :uÍl~a]~i,Äu¡¡¡,1I;7','1I:lgo'lOïf' .,.._,'..~, .._.........~. ....._._ ._... .. _....," ....... ........~~.. ....,......__....... . _,"",,_..... ......._........ . ..~"...... .__.: ._~..... ._. .. ......:1.:.,. .". Specifications do not clearly define equipment or component connec~on reqvirements in the Scope of Work for tha Waste OU Piping or Waste Coolant Piping Specifications. Which Speci~li\y Contractor J Specification did you intend to be responsible for this work? (Speciality contractor's Contract Scope of Work attached) 5\Jhg.....tlo~..'-. .. ............... ...... ....,..."""....'.,.."'r'¡" .......,",..., ..,,,,',,.. '0'"'' ,.,....' "...¡. ..... -.. ., , . >;! .. ~ .1 . ~~ .:.., ...... .... ,':. ': .:. ..: :;,,!t";:"~~C11\1!;!i,(r~1~.'.'~;' l1:f.J' '. ";'i;,~ I ,,~'.1':' , !,~ .. .....::. :'.:~':', ~!: .' . '., .:. :. ..I. 'Þ,:ffii\iläfi' ::;:",'., ''';.'' ,'" '~:..... :.. ;:',' ·,;::,,::;¡¡~;:¡;¡f1im'·::{,;~·~ ·:.:....·:r~ï."i;í:;.¡r,"~';";,\'~II"~,i';':.;,;¡¡.,,¡;f"'-'!1:ð<-~..'Ij¡".'~~'?"'(Of ...........,... ,'.'. ....,.._.._..,... ....., .,¡","_ ~,L""......,I ,..,',..,!....."f."1OC""~").:".,..,.,,~"'''~~~'!iI1¡¡~'''..I'!!"¡If.llJJl!''',.. 15230 Product Piping and pumps See' (1.01 Work included, A.5) '7540 pump. Diaphram. evacuation (wo, we)..," This section is not unclear. p~ge 1 of 1 Prolog Manager Printed on: 11/29/01 Chul~ Vista 'NOV. 29, 2001 11: 04AM H P I CV CORP YARD NO. 1618 P. 3 HOY. 16.2001 12:01PM H P I CV ÇOiP YARD TO: RNL I NTERÃHtfJEStGN 1}1 Highland NOV. 1 6 20m RECEIVED NO, 1494 P. 1 Request for Information 589 , . aoI<lK.d, RPII·Gr.~p.~ by R~I liumber ClJlIIs V'-I;\ Corp Yard 1000 Me_II "..d ehul. \/isla, çþ, 91910 Prv.f.ct" 092 t1t8hll~d 'annershlp, I~c Tel: &19.39701 367 fu: 81S.397·03Ba "".~ I r J ~.~__...II_~'''...... '1i'iii1i...'\!õ'íi(iiÿ"·~·~ "~·r··'·'M-·-rf¡l'Dr····"'"'''I'·r.nñõ1L~''''' .... ';-'--''JtIIUnII'ë- -¡r'" ". , " .!" .. ,. ~ , I ,II '7': .1...... .' ,. 10 ...'I....~_.--'O:(. ... RNllnto'P1an, Ine PWI Allen ~Iahland Pemeralllp, Ine Gary F!eI""oI~ eoo WlllhI,. Blvd. 28S Bay Blvd. Suil.400 Ohul. \I1oto, CA 81810 ~.. Jlr>\ oles, (;A 90017 :~~.-!t4.!P~!"~~_'.:. ' '...: j' .:'~'.:,.. .:',_::'.. .:::' . .: ~ .~~fi~.r~r·~~ .' :.... ::'_::. ":;" .. .. ,i'" .",,"""".... . . ,.... "'r'" .,"-- ·....,"'-,~M.__·..'-·-rr':\-.I~'.u;::-··_·c··Iñ-:.1Y.. . ~.. , . ,'....-- \.:I:."'~=LI.., ..... ';~. . .,..:'. ¡.'1'~.~¡;l~.t!t~~~~'J::aD~a:i:r~~.,~'::;"Þ.~r;,-Ulw.....~~.: ~ 11.,~r,~ I"~..... :.~ .,'.' "\h·'~::'-.: : Wa.ta Oil"nd W.ele Coolant Piping $<:00' Plumbing Spodfl...~on CI.,Ifj..Uon . c;,:.'·.con;¡;.~9 Naill" .... . . t;t;......""'''''''''''':,'.., '·Ç\¡IIJ~"""""·I~,~: .' "-'" '". ' . . . ":. .. . '...'.,. A' ,.. . "1"" .... ..,..1.,.., ... ~,_,,':':''''''..'C'2..-:n:.:;~1 I..... p"...._ _"';;¡:~~-:._I..... ,.......-.... ,....." ,.' '. ... ¡QÜe.Vòn'· .. ' . ..". -,;....:.....:: '. .,"..... "-.D"iili·'f!i¡lV:ïJ¡¡&f:;··,.""",m· ".._..~...., .... '......... ~...~ ...1.#_._.......... ......, _ ~_, ..,_. ,I. ..~,....,.......h... .'. ..,...., ......~.._...itI ._....".:J!1i~~~, Speellle.lions do nol cindy define eQuipm""t or co.,pon.n! connection I'I>Clu\t<J","nlS In \he Sa>pe o!W.rk IOr!ll8 WlI$tcI Oil Þ plng or Wasil CoOI8~\ Piping Spoçjfi""U.m.. Which SP.c!.I~y Con\r;lçlo" Speelß.aU.n dld)'9U ¡n1end to be r~p.....lb!8 for this work? (Speelallty Centrac:lor', conlnod Seepe of Wol1\ allKned) :'S'U~UOI1' .'" ......' ',\"'1 .",,\,,, "',1' ~"r~' ';-.'. .7'..-...··...·.·......-....-r.......... . "......... ..,~'. ........., ..... .. !........... ., ."_':-""". _ .... .. "" ..' ,,_ .. .._....._.... ~....,.....,L."... .., I- '. .'" ~..... .. .... .... ....,..... .. 1-' " ". .... . ...... ;.A"~1Itgr :". '..:-.: :'.,;". :.~ ~.:,:, ".: " ........:...~':'.."..~.-::~"~.:.....-:-.....:.~":.,..:#~.:.. ..4·7~...·,...·~·'.···t...~·:·q~tfM1~.tlf... 1~'230 f'TWi1Vt-T P{'M).,fb AwP ruM.P;; ~~ ).ot 'i'J~I~Vþe.P, ^.'5) 11 II¡S4o ~"^r'DI~T*'T'tr'N'\1eVfi)w~hlJ1'\ tWo, wl)... ~ ~1'O'N ~ ~ VNc..L~¡a.p.. ~ 1\/12'7/01 tJ.\;il.~ Rl'1.i ,_pod by "FI n"",blt, ",./0' "'.'''9''' Prinlod on: 1111Bi1>1' OIU'" VlsLl ----- ... .,~.... ...,...-. Þ.~.1 9/Z'd ZSS'ON 1-19153<1 lN~ ~aSI¡¡ ¡0~'se'^~ > , @Þ/WESTERN PUMP petroleum & lubrication equipment specialists alfOolBfR ~g,b· Thursday, November 29,2001 Mr. Kurt Opsahi Highland Patemership, Inc. 1800 Maxwell Road Chula Vista, CA 91910 Dear Kurt: I have received your fax dated November 29,2001. CETlWestem Pump (CETIWPI) cannot accept this wo.r..,k, a. s pa.rtoftheworkoutlined in section 15230. CET/WPI bid this section to provide-ill the pUmps oUtlined in SectÍons1523{}, 1.01, Al- A5 and A6 product piping which references Part 2.06. Part 2.06 defines the prod,lct piping in great detail. The products include engine oil, hydraulic oil, gear oil, coolàìrt,A1'F; and grease. There is no reference for waste-piping ot'ly pro.ductpiping. -, -~---- /~ It appears that the waste piping was included in another section of the specifications or was not included in the specification. I have prepared an estimate to complete this work. CET/WPI cannot accept this work as part of our contract without an approved change order. If you have any questions or require additional information, please feel free to contact me at (619) 239-9988 ex!. 208. Sincerely, ~~ , Matthew J. Bodde Project Manager 3235 "F" Street· San Diego, CA 92102-3315 . (619) 239-9988 . Fax (619) 239,9925 www.cet-westernpump.com IDiI«1 ß¡7 "Z. > ! ! SECTION 15230 . PRODUCT PIPING AND PUMPS PART 1 - GENERAL The general provisions of the contract, including general and special conditions and the requirements of Division 1 - General Requirements, apply to the work in this section. 1.01 WORK INCLUDED A. Provide materials and labor required for instailation oflubrication equipment as shown and scheduled on drawings and specified hearing, including, but not limited to the foilowing equipment. 1. 7510 Pump, air piston (CG), w/Hoist (Ref. Part 2.01) 2. 7520 Pump, air piston 10: 1 ratio (Ref. Part 2.02) 3. 7525 Pump, air piston 5:1 ratio (Ref. Part 2.03) 4. 7530 Pump, diaphragm mixing (EC) (Ref. Part 2.04) 5. 7540 Pump, diaphragm, evacuation (WO, WC) (Ref. Part 2.05) 6. Product piping (Ref. Part 2.06) 1.02 RELATED SECTIONS A. Section 11140 - Lubrication Equipment B. Section 13202 - Fluid Containment, Above Ground 1.03 SUBMITTALS A. Include certified pump curves showing pump performance characteristics with pump and system operating point plotted. Include NPSH curve when applicable. For each pump with a motor horsepower greater than 10, submit a certified shop performance test curve indicating capacity, head, horsepower and flow rates from shutoff to 125 percent of design flow. B.. Include date on pipe materials, pipe fittings, valves and accessories. C. Product Data I. Submit Product Data in accordance with Division I - General Requirements of these specifications. 2. Restrict submitted material to pertinent data. For instance, do not include manufacturer's complete catalog when pertinent information is contained on a single page D. Operation and Maintenance Manual 1. Provide complete parts, operating, and maintenance manual covering equipment at time of instailation. a. Description of system and components. b. Schematic diagrams of electrical, plumbing and compressed air systems. c. Manufacturer's printed operating instructions. © 2000 RNL DESIGN. P.c. 15230 - 1 6040-8212-02 £"kI8'IT 3 d. Printed listing of periodic preventive maintenance items and recommended frequency required to validate warranties. Failure to provide maintenance infonnation will indicate that preventive maintenance information will indicate that preventive maintenance is not a condition for validation of warranties. e. List of original manufacturer's parts, including suppliers' part numbers and cuts, recommended spare parts stockage quantity and local parts and service source. E. Shop Drawings 1. Submit Shop Drawings in accordance with of Division 1 - General Requirements of these specifications. 1.04 REFERENCES A. ANSI B31.1 - power Piping B. ANSI B31.1 - Chemical Plant and Petroleum Refinery Piping C. ANSI B31.4 _ Liquid-Petroleum Transportation Piping System D. ANSI B31.9 - Building Services Piping 1.05 QUALITY ASSURANCE A. Welding Materials and Procedures: Conform to ASME Code and applicable state labor regulations. B. Welders Certification: In accordance with ASME Section 9 1.06 WARRANTY A. Warrant work specified for one year from substantial completion against defects in materials, function ~d workmanship. B. Warranty shall include materials and labor necessary to correct defects. C. Defects shall include, but not be limited to noisy, rough or substandard operation; loose, damaged, and missing parts; and abnormal deterioration of finish. D. Submit warranties in accordance with Division 1. E. All parts shall be readily available locally in the United States. 6040-8212-02 15230 - 2 ©2000 RNL DESIGN. P.c. PART 2 - PRODUCTS 2.01 PUMP, AIR PISTON (CG), WIHOIST Equipment Identifier: 7510 A. Manufacturers Reference ~" -". .,; , , 1. Prime manufacturer; Specifications are based on equipment identified by manufacturer's name and model to establish acceptable standard of quality, perfonnance, features and construction. a. Graco, Inc., Minneapolis, MN (800) 367-4023 b. Model: 226-018 2. Alternate manufacturers, Contingent upon compliance with these specification and documentation requirements set forth in SUBMIT ALS equipment produced by other manufacturers may are considered as equal. a. AIo Corp, Bryan, OH (419) 636-4242 b. Lincoln. St. Louis, MO (314) 679-4200 B. F eatures/Perfonnance/Construction 1. Provide pneumatic operated piston pump; operable with maximum air pressure of 175 psi for piston pump size and capacity as scheduled. (Reference Drawing Sheet PP2.01, Compressed Air Product Pump Schedule.) 2. Provide with complete assembly, including adapters for mounting on or adjacent to storage tanks or wall as scheduled, combination air filter, regulator, pressure gauge, lubricator, air and product valves, and hose and fitting kit suitable for product. 3. Materials: Compatible with product being delivered. 4. Provide baseplate-mounted, elevator support system for chassis grease pump with inductor plate. 2.02 PUMP, AIR PISTON 10:1 RATIO Equipment Identifier: 7520 A. Manufacturers Reference I. Prime manufacturer: Specifications are based on equipment identified by manufacturer's name and model to establish acceptable standard of quality, perfonnance, features and construction. a. Graco, Inc., Minneapolis, MN (800) 367-4023 b. Model: President 205-626 2. Alternate manufacturers, Contingent upon compliance with these specification and documentation requirements set forth in SUBMITTALS, equipment produced by other manufacturers, may be considered as equal. a. AIo Corp, Bryan, OH (419) 636-4242 b. Lincoln. St. Louis, MO (314) 679-4200 © 2000 RNL DESIGN, P.C. 15230 - 3 6040-8212-02 · B. F eatures/Perfonnance/Construction 1. Provide pneumatic operated piston pump; operable with maximum air pressure of 175 psi for piston pump size and capacity as scheduled. (Reference Drawing Sheet PP2.01, Compressed Air Product Pump Schedule.) 2. Provide with complete assembly, including adapters for mounting on or adjacent to storage tanks or wall as scheduled, combination air filter, regulator, pressure gauge, lubricator, air and product valves, and hose and fitting kit suitable for , product. 3. Materials: Compatible with product being delivered. 2.03 PUMP, AIR PISTON 5:1 RATIO Equipment Identifier: 7525 A. Manufacturers Reference 1. Prime manufacturer: Specifications are based on equipment identified by manufacturer's name and model to establish acceptable standard of quality, performance, features and construction. a. Graco, In., Minneapolis, MN (800) 367-4023 b. Model: Fireball 203-876 2. Alternate manufacturers, Contingent upon compliance with these specification and documentation requirements set forth in SUBMITTALS, equipment produced by other manufacturers, may be considered as equal. a. ho Corp, Bryan, OH (419) 636-4242 b. Lincoln, St. Louis, MO (31 B. F eatures/Performance/Construction 1. Provide pneumatic operated piston pumps; operable with maximum air pressure of 175 psi for piston pump size and capacity as scheduled. (Reference Drawing Sheet PP2.01, Compressed Air Product Pump Schedule.) 2. Provide with complete assembly, including adapters for mounting on or adjacent to storage tanks or wall as scheduled, combination air filter, regulator, pressure gauge, lubricator, air and product valves, and hose and fitting kit suitable for product. 3. Materials: Compatible with product being delivered. 2.04 PUMP, DIAPHRAM MIXING (EC) Equipment Identifier: 7530 A. Manufacturers Reference 1. Prime manufacturer: Specifications are based on equipment identified by manufacturer's name and model to establish acceptable standard of quality, performance, features and construction. a. Graco, In., Minneapolis, MN (800) 367-4023 b. Model: 236-265 6040-8212-02 15230 -4 ©2000 RNL OESIGN. r.c. ".~', 2. Alternate manufacturers, Contingent upon compliance with these specification and documentation requirements set forth in SUBMITTALS, equipment produced by other manufacturers, may be considered as equal. a. AIo Corp, Bryan, OR (419) 636-4242 b. Lincoln. St. Louis, MO (314) 679-4200 B. Features/Performance/Construction 1. Provide UL listed dual diaphragm pumps; operable with maximum air pressure 100 psi for diaphragm pump size and capacity as scheduled. (Reference Drawing Sheet PP2.01, Compressed Air Product Pump Schedule.) 2. Provide with complete assembly, including adapters for mounting on or adjacent to storage tanks or wall as scheduled, y-strainer, combination air filter, regulator, pressure gauge, lubricator, air and product valves, and hose and fitting kit suitable for product. . 3. Materials: Compatible with product being delivered. 2.05 PUMP, DlAMPHRAGM, EVACUATION (WO,We) Equipment Identifier: 7540 A. Manufacturers Reference 1. Prime manufacturer: Specifications are based on equipment identified by manufacturer's name and model to establish acceptable standard of quality, performance, features and construction. a. Graco, In., Minneapolis, MN (800) 367-4023 b, Model: 236-265 2. Alternate manufacturers, Contingent upon compliance with 'these specification and documentation requirements set forth in SUBMITTALS, equipment produced by other manufacturers, may be considered as equal. a. AIo Corp, Bryan, OH (419) 636-4242 b. Lincoln. St. Louis, MO (314) 679-4200 B. F eatures/Performance/Construction 1, Provide UL listed dual diaphragm pumps; operable with maximum air pressure 100 psi for diaphragm pump size and capacity as scheduled. (Reference Drawing Sheet PP2.01, Compressed Air Product Pump Schedule.) 2. Provide with complete assembly, including adapters for mounting on or adjacent to storage tanks or wall as scheduled, y-strainer, combination air filter, regulator, pressure gauge, lubricator, air and product valves, and hose and fitting kit suitable for product. 3. Materials: Compatible with product being delivered. © 2000 RNL DESIGN, P.c. 15230 - 5 6040-8212-02 . 2.06 PRODUCT PIPING A. Low pressure fluid tubing; piping for engine oil, hydraulic oil, gear oil, and automatic transmission fluid: 1. Tubing: ASTM A 179, seamless steel tubing, wall thickness shall be 0.065 minimum. 2. Fittings: ANSI B31.1, Carbon steel, compression type fittings to match tubing rating and burst pressure. 3. Joints: Compression type fittings to match tubing rating and burst pressure rating. 4. Valves: ASTM A-167 carbon steel ball valve to match tubing pressure rating. B. Piping for engine coolant 1. Pipe: Copper tubing, ASTM B88, Type L, hard drawn 2. Fittings: ASME B 16.22 wrought copper and bronze 3. Joints: ASTM B32, solder, grade 95TA (lead ftee) 4. Valves: ASTM A-167, Brass ball valve C. High pressure chassis grease fluid tubing 1. Tube: ASTM A 179, seamless steel tubing, wall thickness shall be 0.120 inches minimum compression. 2. Fittings: Forged steel, compression type fittings to match tubing rating and burst pressure. 3. Joints: Compression type fittings to match tubing rating and burst pressure rating. 4. Valves: Steel valves to match tubing rating and burst pressure. PART 3 - EXECUTION 3.01 INSPECTION A. Coordinate location of rough-in work and utility stub-outs to assure match with equipment to be installed. B. Inspect equipment for damage from shipping and exposure to weather. Compare delivered equipment with packing lists and specifications to assure receipt of all equipment items and specified accessories. 3.02 INSTALLATION A. Perfonn work under direct supervision of Foreman of Construction Superintendent with authority to coordinate installation of scheduled equipment with Architect. B. Install equipment in accordance with plans, shop drawings, and manufacturer's instructions: I. Positioning: Place equipment in accordance with any noted special positioning requirements generally level (or slight slope as required by instructions), plumb, and at right angles to adjacent work. 2. Fitting: Where field cutting or trimming is necessary, perform in a neat, accurate, professional marmer without damaging equipment or adjacent work. 60040-8212-02 15230 -6 @20oo RNL DESIGN. P.c. . 3. Anchorage: Attach equipment as directed by Architect or designated representative. Installation fasteners shall be installed to avoid scratching or damaging adjacent surfaces. 4. Upon completion of work, finish surfaces shall be free oftool marks, scratches, blemishes, and stains. C. Compressed air product pumps 1. Ensure pumps operate at specified system fluid temperatures without vapor binding and cavitatiori, are non-overloading in parallel or individual operation, and operate within 25 percent of midpoint of published maximum efficiency curve. 2. Provide one set of replacement seals for each size pump. D. Product piping 1. Remove scale and dirt, on inside and outside, before assembly. 2. Prepare tubing connections to equipment with flanges or unions as required. 3. Route tubing in orderly manner. 4. Limit the use of 90 degree fitting bend tubing wherever possible. 5. Install tubing to conserve building spaçe and not interfere with use of space. 6. Group tubing whenever practical at common elevations. 7. Install tubing to allow for expansion and contraction without stressing pipe, joints, or connected equipment. 8. Provide clearance for installation of access to valves and fittings. 9. Provide access where valves and fittings are not exposed. Coordinate size and location of access doors. 10. Provide one coat of primer before painting product piping. 3.03 TESTING A. After final connections are made and prior to authorizing payment, specified equipment shall be tested for compliance with specifications in the presence of the Architect or designated representative using acceptance procedures provided by the manufacturer. B. Product piping shall be tested to 110 percent of working pressure. 3.04 CLEANUP A. Touch-up damage to painted finishes. B. Wipe and clean equipment of any oil, grease, and solvents, and make ready for use. e. Clean area around equipment installation and remove packing and installation debris from job site. D. Notify Architect or designated representative for acceptance inspection. END OF SECTION © 2000 RNL DESIGN. P.C. 15230 -7 6040-8212-02 . " <iÞ/WESTERN PUMP petroleum & lubrication equipment specialists ~,r.!tJ Novcmbc;r 29, 2001 MODPROPOSAL 115·\ 12901 To: Mr. Gary Rh(ldcs Highland 1'artl1ership, Inc. 285 Bay Blvd. Chula Visla, CA 91910 Tel: (619) 397,0367 Fax:(619) 397,0369 Project Name: Chula Vista Corporate Yard Subject: Contract R 00213202-01- Used Oil and Coolant MODIFIC.ATION PROPOSAL #5 Dear Mr. Rhodes: Th~ followlng is a detailed \,,;ark scope ami price for completing the waste oil and waste coolant piping systems as shown on Sheets 1'1'1.05, 1'1'1.06, 1'1'1.07 and 1'1'1.08. CETIWestel11 Pnmp (CET!WPI) will utilize I" cooper pipe for both the waste oil and waste coolant. Utilizing the coop~r pipe will climinak corrosion and scnling (lfthe pipe, which will minimize the disposal orsolid$. CET/WPI will compkte this work in approxinutely 2 weeks. Sc:op" o.fH,·ork: Core [he block walls as requir¡;d to complete ck¡,;tric::il work for both fueling and lubrication equipment. Provide and install all the necessary pipe supports. Run approximately 2,000 Lf. of I" cllnpcr pipe for was[t: oil and \vaste coo}¡mt I·· Install all required valves and fitting in a¡;cnrdance wilh plans to make a fully operational waste ùispo~a! systcm. Tcst sYStC"n\ Ii.n 1l:i:lks. Flush line prior to putting .system inro operation. Te$t system for leah. Clean up all trash aud debris caused by our work. TOTAL FOR ABOVE WORK SC~:~_ $23,708.00 .'--,,-,-- I[you havc any q\lt::~tions or require. additional ;nfonnaÜon please feè'1 free to contact me at (61<:1) 239- 9988, cxl. 208. Sinœrely. ~~~ Project Managel RECEIVED MAf¡ <; i -- - 3235 "F" Street. San Diego, CA 92102-3315 . (619) 239,9988 . Fax (619) 239-9925 www.cet.weslernpump.com 6vHt9.tj 4 " , 1}1 . Highland' Subcontract Change Order , Detailed, Grouped by Each Number Chuta Vista Corp Yard 1800 Maxwell Road Chula Vista, CA. .Q1910 Project # 092. Tel: 619,397-0367 Fax: 619-397-0389 Highland Partnership, Inc Date: 1/31/02 To SubcontractorlVendor: Western Pump 3235 "F" Street San Diego, CA 92102·3315 Architect's Project No: Contract Date: ·9/8/00 Contract Number: 9213202,01 Change Order Number: 005 The Contract is hereby revised by the following items: Waste Oil Piping @ Maint B!dg PCO 378 Item # 001 Description Waste Oil Piping @ Main! Bldg Amount 23.708 Specification for Waste Oil was unclear. Waste Oil piping was not specifically caned out in the specification. This was confirmed by the Architect. Specification was written by MDG who also confirmed that the piping was not clearly called out. The original Contract Value was................................. ................... Sum of changes by prior Subcontract Change Orders ............... ............. The Contract Value prior to this Subcontract Change Order was... ............. The Contract Value will be changed by this Subcontracl Change Order in the amount of....... The new Contract Value including this Subcontract Change Order will be......................... The Contract duration will be changed by................................. ................ The revised Substantial Completion date as of this Subcontract Change Order is...... . 201,425 63,201 264,626 23.708 288,334 . 0 Days ;.. City of Chula Vista CONTRACTOR 276 Fourth Avenue Chula Vista, Ca 91910 Address By Samir Nuhai!y SIGNATURE DATE Western Pump SUBCONTRACTORNENDOR 3235 "F" Street San Die90, CA 92102·3315 Address By Matt Broady SIGNATURE DATE ftfl:;;!1 """"'" '""" Chula Vista Page 1 E!/.kIOI7 5 " É~;J i.:f,;~ E: '" '" '" '" c: 0 0 ~Q)' 0 0 " "', ~" .... .... ':,=; .... .... 0 :ë "~..', ;' ..; ..; .0- ..; ..; " Cf) ~ f~ N N ;a. N N Q. I- .c U1 ":"'i :<0:' ~ [~~ aJ E '" Vr~ ::> " ~'-J -0 z 1:: \',): I- .r: " r~~ ¡~:' ,;. 0 a- ,-.c " tE' i,~;:<;; " "tJ W c ~::J1 ~'g~ '" '" aJ " Fi 0 0 >- ,,>.-, .... .... OJ .c :ë t8¡ ~o' ..; ..; C "tJ '" ~5.; N N Q) :;: a. ¡o .'D: ro ::> ,p..~ '« ..c 0 fJ;-~~ " '. 0 ð h:~ 1--,-,'., r . ~ .. ~;~:;.~ '" '" ¡~\"i .E '~:: 0 0 ro .s ~.~ .... .... "tJ :¡:; ..; ..; ,'ClI co; '" 7ñ N N 01 0 ,U1 ..... .... c ',1'1 10' " 0 ~ ..; aJ u ".D: N! N ¡,.\".j ',0, - ,:; ~\ -'0:..: i,G)) 0 ~ ,.c, 0... "tJ IE! -,. 2 ~::J . ¡Z, 'j.', ,¡; 0::: t····<'· , " ;0; '-'0 , 0 Q) 0 , 0 to?,' " j'" " E get· :; ,:.¡:¡ !1'; >- "tJ U1 ;/:t .c '" '" :UJ ¡'Q.)' 0 0 ~;;-~ '" ~ :,en .... .... " ,. E ~o ..; ..; f· 0 a- N N m '" 0 '" (.) e .~ ~ ~_~:"o; "- 0 a- 0 ?.: -~,; et: u "- I' . 00 m ,,"'. 0 " ~ k::'¡ 3 ¿, I'"~ > .~ 0 'ê ;¡; t'" Z ~ .... e "ší m " X (.;'.; N ¿ eo " .'., Q. .9 "- f';,:ì E m "5 Ë '''' ::> u 0 E .... ¡~, Q. '" ~ > (.) '" e 'õ .., " e N ~ f~: ~ " "iii '" => m 0 -:;; ~ u 2 0 0 "- " 0> "- >OJ " " >- " ~, 00 m '0::; S :; " E « => 'It '" ro ~ ¿, t:: ~. .S " '" " 'õ U1 0 u ;¡; !." "5 w ,:.p " õ '0 0 " ~ e " o' r" ~ 0; ~ 00 .£ ~ <¡¡; Q. .... .., ro "iii 3 « ::> 0 '" u u 0 .?c- e "iii '1i u '1i "tJ '" " '" 'õ ,,:; " ro Q.- 0:: 00 ro 0 -:;; õ :; " :> " ~ m ,> e ~ .., .., 0 t::! ro Ü 00 " ::> '3 ~ ro E " U1 0 ~ 3 '" 0 (.) õ '" "tJ (.) 0 e ::> ë e 0 '1i u OJ Q) 1'! 0 ::> '3 '1i 00 0 00 ð "iii Q) 0 0 Õ N 0 " ~ 0 N U -:;; 3 :> t:: !2 ro l? 0 N E 3: 0 ~ :¡ " >- " .c 0 § 'õ e " e " ::> .~ .Ë 00 ro 3 0 à: 3 " ~ 00 0; ¡¡; "tJ ð ro 0> 0 ¡ ~ 3 - ë " 0 " C '" ¡ " >- e 0; -:;; B 0 .0 :¡ ...... Co" 0; e " '" l 3: ro U1 Co @) ::c ~ ro .2 u >- U1 ~ , o 0 ¡;; ,g '" " >- ëii '¡: z 0> Uet: « 'õ ." ~ u 0 " ~ et: : e " .5 (.) !f;; " 0 " U1 W , '1i on 0; e ~ Q) ¡¡:. i ~ .2 U) b "tJ "tJ 0 0 .... iL ro (J) ~ " U) c :> ü ¡;; ~ " 'C 00 Ü " U1 ;'(U w ð " " :> u > Q) :; " :¡ e '" ~ E Q) 0 ,t:! ;'- 3: "5 " 0 'õ :ë E :> ~ ," , ~ on 0 '3 .~ Q) C' Co E I~ 00 0 .r: 0 ~ " Q. U :> Q) Co :ê 0 " è U '" (.) 0 U) ;¡o V> 0:: « (9 3: 0 <l. . , 11ft Highland Tuesday, March 19, 2002 Mr. Matt Broady Western Pump 3235 "F" Street San Diego, CA 92102-3315 RE: Prime Contract CO Correspondence Document Number PCCO-003 Chula Vista Corp Yard-092 Dear Mr. Broady, Upon further review of your Request for Change, Western Pump "Modification Proposal #5", The City has decided to reject your request. This rejection is based on the opinion of Ken Booth of Maintenance Design Group. Mr. Booth wrote the Specification for Section 15230. His opinion is attached for your review. Should you disagree with this action, you are entitled to seek redress as outlined in the applicable sections of your contract. Respectfully, /-i !2.ilJ-éÞ L3iry Rhoads RH'f I VE Ð MAR 2 1 20C2 cc: Rene Olivo, CCV Samir M. Nuhaily, CCV Richard Thompson, CCV David H. Cecii, HPI G /\\.~,.j. , . v';".1·}',,"VV" ...~...." ..~.~ "".....--,.-.- ~ 'l , U'Mai{1tenance lIi1IJ DeSign _..___ Group 216 16th Street, Suite 1600 Denver, Colorado 80202 phone 303.820.5270 fax 303.820.5272 FACS/MILE TRANSMITTAL DATE: February 15, 2002 FROM: Ken Booth TO: P. David Allen AlA PROJ. NAME: Chula Vista Corporate Yard COMPANY: RNL Design LOCATION: Chula Vista, CA FAX NO.: 213.995.9885 & 619.216.5874 PROJECT NO.: 98Z026-01J PAGES TRANSMITTED INCLUDING THIS PAGE: ". COMMENTS: Phil: 1 ORIGINAL MAILED: 0 YES ø NO I spoke to a local supplier that installs process piping equipment. He stated that they charge the same price to install copper tubing and seamless steel tubing. He did state that the copper tubing is more expensive than the seamless steel tubing, but the seamless steel tubin9 can be installed faster than the copper tubing, He also stated that he usually uses copper tubing for the waste oil piping, but it is also okay to use the seamless steel tubing for the waste oil. The seamless steel tubing should not leak at the compression fi!tings if installed correctly. There actually is some pressure when pumping the waste oil back to a tank (approximately 120 PSI). Even though the specification Section 15230 2.06 Product Piping does not indicate that the product "waste oil" is a separate and distinct fluid, it is considered a "product" and should be piped in the low pressure tubing as part of the product piping specification. In the past other installers have included this as part of the product piping. If YOLi haw.~ questions please call me at 303.B20.486-1. , Thanks, Ken Booth RECEIVED hilfl ~; ..,. Please Call 303.820.5270 If You Do Not Receive The Document Indicated Above. , ' GÐ/WESTERN PUMP petroleum & lubrication equipment specialists æ:~,L Monday, April 01, 2002 Gary D. Rhoads HIGHLAND PARTNERSHIP, INC. 285 Bay Blvd. Chula Vlsta-, CA 91910 Re: Rejection of Request for Change Order by City of Chula Vista, Your Letter of March 19, 2002 Dear Gary: Confirming emaH of March 26, 2002, i take strong issue with the City of Chula Vista's rejection of Modification Proposal #5 for installing the Waste Piping for the following reasons: 1. Refer to Section 15230, Product Piping and Pumps, Paragraph 2.06 Product Piping, A., B., & C. Paragraph A calls out piping for engine oil, hydraulic oil, gear oil, and A TF. Paragraph B calls out piping for engine coolant. Paragraph C calls out High pressure chassis grease fluid tubing. There is no reference to waste piping in the above piping specification. 2. Our bid was based on installing the piping called out in the specification. Waste piping is not called out in the specification. 3. During our meeting on December 7,2001, there was general agreement by everyone in attendance that Waste piping was not called out in the specification. Our quotation was discussed and it was considered to be fair and competitive. 4. We were given verbal approval to proceed with the Waste Piping at the meeting. 5. We proceeded to complete the installation of the waste piping based on the above discussions and quotation, and have incurred significant additional costs beyond the scope of our contract and bid. It is a significant financial hardship for a company this size to be denied payment for work that was approved and compieted. Based on the above, I hereby request that the City of Chula Vista immediately re-evaluate their rejection of Modification Proposal #5. I also formally request that this issue be submitted to arbitration per the terms and conditions of the Contract. Sincerely, iJ ¡JJ'f1) I Dennis Rethmeier President cc. Matt Bodde 3235 "F" Street· San Diego, CA 92102,3315 . (619) 239·9988 . Fax (619) 239·9925 www.cet.westernpump.com . .~I~ ~-'- --- ., -- , CLAIM AGAINST THE CITY OF CHULA VISTA ,,'~ '(For damages to persons or personal property) Cl1Y OF CHUlA VISTA -,"1 .' . ,. .... :..oeé"'ive'd bŸ" via ..J., U.S. Mail o . Inter-~ffice Mail o Over the còùnter TIME STAMP . \ FILE NO' '- . -' ~ .,. \ ,,'. '-':'-- .--. . A claim must be filed with the Personnel Department, Risk Management Division, of the City of Chula Vista within six months from the date of.incident or event occurred. Be sure your claim is against the CITY OF CHULA VISTA, not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number. Complete claims must be mailed or delivered to CITY OF CHULA VISTA, Personnel Department, Risk Management Division, 276 Fourth - Avenue, Chula Vista. CA 91910. The undersigned respectfully submits the following claim and information relative to damage to persons and lor personal property: ~ ,. NAM' OF CLAIMANT' liIe-.,,"~ ~'n:rr Y,,1?-- a. ADDRESS OF CLAIMANT: 72__~_ __(:~.t'f CITY: S~~ ~~ð. D v4 ZIP CODE: 9·) )t7.)- :?, ~I b. PHONE NO: Home: 7) ï7<J - fr J t1 c. DATE OF BIRTH: ,2 ~ 9'-14 Business: G/C}-1'3'?- 99f<1! d. DRIVER'S LICENSE NO: í,,LÌ ~ 4 7/9 J e. SOCIAL SECURITY NUMBER: ¡:; J. } - '74- - !5) (~ -2. Name. telephone and post office address to which claimant desires notices to be sent if other than above nDf1D Nò¡) J-q, :;;'001 - 3. Occurrence or event from which the claim arises: a. DATE: -1J . 04, œ.A b TIMé~~a- ~Jf+:~fì~r j~rd . () \ ¡'s+Ü {!A- q /q I D c.PLACE (exact and specific locations - d. Specify the particular occurrence, event, act or omission you claim caused the injury or damage (L' additional pa~r if;/~~SarYöÞrctChc{ * ~ { fl{l...>b,-t. 7 . . . , " ED/WESTERN PUMP petroleum & lubrication equipment specialists !pMËi~ \:.[tUNlKIIII'>~ CLAIM AGAINST THE CITY OF CHULA VISTA D. Specify the particular occurrence, event, act or omission you claim caused the injury or damage. Specification Section 15230, 2.06 Product Piping describes all the piping requirements for oil, ATF, gear oil, hydraulic oil, coolant and grease. The specifications say nothing about waste oil or waste coolant. Because the waste piping was not called out in this section, it was not included in our bid. Air piping was also omitted from our bid. Our claim is a result of an omission in the specifications. 3235 "F" Street. San Diego, CA 92102-3315 . (619) 239,9988 . Fax (619) 239,9925 www.cet-westernpump.com . \ "= '-t \,¡J\ \ ... UéHdJaS t. -'e!ra If q~ - \ 7'13 ~ ~~U~o~i~~2~~ 91912-6823 'þE£,EIìIßE1Z 10-, 'JJ)D ~ -Hi '1i 5 LETfE'P- To 'TifF J:; I tv r:DIJ N C 1L IN r;::Lu DIN öT/tE'" M l1yO/<. 1M \ _ 13 f¡1/'r'f-VsN!ftS'TNT/if EVENTfJtptLLIHS IfBSt:¡l.f(: ~~~~~ 1 . id. . , .. .", .,.. 'LV - , 1òfi C: DplYrP¡:ßft"[:\j 1/tNDE11-Jt}1~_}J1lfJt)gIt-Nf) WE N\o.sTSt6DJl F1Çjf-þJ [Y1IHfEt 7JtA:"TMltlEl-rlillff:!l.JfÇJJ , .. ' _1~}ITW!$ ,ftJo[S!JItS' W/fÞ..fDl1EifLf£XDVCW,U$Lc¿1J; n~TEE 111 L t¡ rr$~.tmfÇß1¡11.~E HoRTDNJ.I)D)LPJJtiÉ-BffJI1,saTi/VÕ:fJV1lf~/M~~l$SfirT . fi;f.If7iJFJ)1Þ£J)l."SAIJ£twtJj¡JlJffçsr.~I¿'/[JlIE/klrLTlI1;]!i'é fk¡¿fe¡ss/~N;/ ItJ$fA-.J/(J¡FJ7Jf:''Jff/1357ì!i;7Ë?'1Ë¡f£/le!!L " ' ,. ~0 TrwA$ NVTBilJJRtj /i1/J:-6J)/?":S ,r:ltt.Ls.llTiE£Vb1Ms J!EJAJíþS.TIJCE/JSEP (e;tweJ»;tßouT .:sJti.Í16:'ÐISHn¡Y.ES7Yðf¡1-J:ìt/J1fl#b7J/Ts.sv~ '. 3j)XTWJ15¡Uot1ìIÞT fltP)tt,ðW&5~t1ttN¡1/Æ[E1J jfmff.l;;:Æ¡V. -t¡,J:1T WIrS7'Î#i:_ fly--ff/£Nltlf:j)-1r/tlf:1.1l:/tP. fÈ1lYt B/34t. Jt:J7t-.s .\»110 Wft$11tE-..5¡ 6NifiClrNTf0;zEl!- ~JV¡N'C'f!iD1l1lt/t SEt:ÐNP . DilrNt:'£ 'itvÌD1}h:; ßItÇÇ' w11Jf1lt' 4'~15Tlf~lJJlS~5~Ú1-S WtJJLPJtkYE E£f: 'J .si5f[l/lfti: b.tlTtt?(f1lt¥~I.?s.seitff,.offlT/k'3-&f);"lkJlnltßY \4£lrg.tWfflfJ/£tz H<3.1 1% lEJW{U~b 9.C['vilh).wltt~.fA-1W4:S-YÞa71) O~S/C¡þ2J7ÈsJB~ ,.. Lf,,~ %CqC¡bl17JÈj\'\)\\'U~H1WbvLp tItVE 61 J/aV S¡rLJrs ó,J.,5% (I bbC¡FYv.1ß), '_ NO\JJ ll1kN¥ pf?Le- /f1ti~!JEE¡.¡1ËJiJ IYJî fl1£«lÒvTtfE!ff-f/f£¡J/fikp lItrlM! L#/V ?vT flfi)¡LiJtJN-J}t£/1JIiJ'!~~S£4:T;/fÉsI(oI/L'JBf:: ll.41JlkftJLTò. JÐI1Ife W,LLJ1!JJI'{3Ef3161tLYEJttSBi=-ç¡.{T/tf';' ~ SUBs7J1v'it: t:t1EMHGR_'\1 -ftS-fDt.S~71P?-Ecp~./JMll~JSElq¡.t ~..etB5W!li¡' f11!Þ¡;.E,ilS-J5EtJJ1I< 'j'"'£'Q_'fE1ItS;~fd~-: "]J U;rJt¡'* 1.I)¡.ur-YaLLJ1l6~~Z::JUV'Dji2~fJEL~1ì£rJfrÇ_eJ.B:T€1)_k, ."#fc¡¡¡/ l:5IJJJt.rtaft¡S~ÍI·~JfrJ;;a¡C¡?,.ft1¥-:;JAl!£kþ~/JjILL/iIJ;J;µ¡s_' , . ,E" /tV!!!J /1$ /flysdr11J ;=/f¡¿l4-11s7li ]5'1t1i11-4BJ)JIfn /f!tYEj:::¡1IPWN .. .. ~~. ~ VIi I N1~T/rR£-f6ß.-¡{fEMJ1IEfì?ofLt::L, . , .. -- - -. -- - ~--c: ~-, .~~r~c.7Ji,;m¡_:s.~~l(t/l=-j):". u - --- -- -·f'1ff:::f;lJ;;!t:;j~fii'¡i¡¡J:3n. __~-c ~ .~-~¿~t;J~fjiit-~~~-==~=- -- ...---- ",.