HomeMy WebLinkAboutReso 1986-12689 RESOLUTION NO. 12689
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL MAP FOR CHULA
VISTA TRACT 84-9, EASTLAKE I UNIT 13,
APPROVING SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION, AND APPROVING SUPPLEMENTAL
IMPROVEMENT AGREEMENT FOR NON MAP ACT
REQUIREMENTS PRIOR TO APPROVAL OF IMPROVEMENT
PLANS, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENTS
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 84-9, EASTLAKE I UNIT 15, and more
particularly described as follows:
Being a subdivision of a portion of Fractional
Section 33 and a portion of Section 34,
Township 17 South, Range 1 West, San Bernardino
Base and Meridian, in the City of Chula Vista
County of San Diego, State of California,
according to the United States Government
Survey approved October 25, 1883.
No. of Lots: 1 No. of Units: 38 Area: 2.550 acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of
land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that the City Clerk of the City
of Chula Vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council; that said
Council has approved said subdivision map.
BE IT FURTHER RESOLVED that the City Clerk be, and she
is hereby directed to transmit said map to the Clerk of the Board
of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula Vista the easement with the right
of ingress and egress for the construction and maintenance of
sewer facilities, all as granted and shown on said map within
said subdivision, subject to the conditions set forth thereon.
BE IT FURTHER RESOLVED that Subdivider hereby grants to
Otay %~ater District the easement with the right of egress and
ingress for the construction and maintenance of water facilities,
all as shown on said map within said subdivision, subject to the
conditions set forth thereon.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the 26th day of August, 1986, for
the completion of improvements in said subdivision, a copy of
which is attached hereto and by reference made a part hereof, the
same as though fully set forth herein be, and the same is hereby
approved.
BE IT FURTHER RESOLVED that that certain Supplemental
Subdivision Agreement dated the 26th day of August, 1986,
providing for approval of the Final Map 'for EastLake I Unit 13
prior to approval of improvement plans, a copy of which is
attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said Agreements for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
~ohn P. tt, Director of Ch%rles R. Gill, Assistant
· ublic Works/City Engineer City Attorney
1078a
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 26th day of Au.~ust
19 86 , by the following vote, to-wit:
AYES: Councilmembers Cox, Malcolm, Moore, Campbell, McCandliss
NAYES: Councilmembers None
ABSTAIN: Counci lmembers None
ABSENT: Counci 1 members None
Ma~ the~ity of Chulo Vista
ATTEST ~/' City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 12689 ,and that the same has not been amended or repealed.
DATED
~ City Clerk
Oily OF
CHULA VISTA
CC-660
San Diego, California 92122~ ~" .... Shoreham Place]' ~ul~ 260,
'- 339
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'., 340
5. It is expressly understood and agreed to by Subdi--
rider that, in the performance of said work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the law~ 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 executl~ of this
agreement, an approved improvement secuzity In the sum of ONE HUNDRED
SEVENTEEN TNOUSA]qD FIVE HUNDRED DOLLARS AND NO CENTS ($117,500.00)
WhiCh security shall guarantee the faithfu/ performanc~ Of this
contract by Subdivider and is attached hereto, marked Exhibit
and made a part hereof.
7. Subdivider further agrees to furnish and deliver to
the City of Chula Vista, simultaneously with the executi<~n of this
agreement, an approved improvement security i~ the sum of ONE HUNERED
SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($117,500.00~
to secure the payment of material and labor in connectio~ with the
installation of said public improvements, which security is
attached hereto, marked Exhibit "B" ar~ made a part hereof.
8. Subdivider further agrees to furnish and deliver to
the C! 2y of Chula Vista, simultaneously with the execut~o~ of this
agreement, an approved improvement security in the sum of SIX SUNDRED
DOLLARS ~ND NO CENTS ($600.00) (per private engineer's estimate)
to secure th~ installation of monuments, which security is
attached hereto, marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the public improvements
are not completed within the time agreed herein, the sums provided
by said improvement securitie~ may be used by City for the c~mple-
tion of the public improvements within said subdivision in
accordance with the specifications contained herein. Upo~ certi-
fication of COmpletion by tbs City Engineer and Lcceptance of said
work by City, and after certification by the Director of Finance
that all c~sts 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.
10. It is also expressly agreed ard 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 shal!
· any officer, his sureties or bondsmen, be liable for the payment
therefor, except to the limits established by the approved
improvement security in accord4,nce with the requirement~ of the
State Subdivision Map Act and the provisions of Title 18 of the
Chula vista Municipal Code.
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~ ~.~41
~aterials furnished and other incfdental ex.nsec) in~tr~ ~
the cost of street signs a~ street tr~e ~ regui~ by City
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IN WITNESS WHEREOF, the parties hereto h. ye caused this
agreement to be executed the day a~d year first hereinabove set
forth.
?WE CITY OF CHUI~ VISTA SUBDIVIDER : McKELLAR DEVELOpMeNT OF
L~ JOLLA
Approved as to form by
C~ Attorne~ (Attach Notary Ackn~ledg~nt)
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" ' 3~3
Exhibit #A" Improvement Security - Faithful performance-* Form ~ Bond
Amount ~ $117,500.00 /
SUPPLEMENT TO CBULA VISTA SUBDIVISION IMPROVEMENT AGREEMENT
//~This Supplement is made and entered into this
day
of ~4~,~ ~ 1986 by and between the City of Chula Vista,
a municipal corporation, hereinafter called the "City" and
EastLake Development Company, a California limited partnership,
hereinafter called the "Subdivider~"
WI TN E US E TS :
W~EREAS, Subdivider is about to present to the City
Council of the City of Chtla Vi~]ta for approval and recordation,
a final subdivision map of a proposed subdivision, to be known as
EastLake I Unit 13 {Chula Vista Tract 84-9), pursuant to the
provisions of the Subdivision Map Act of the State of California,
and in compliance with the pro',ision, of Title 18 of the Chula
Vista Municipal Code relatin% to the filing, approval and
recordation of subdivision maps, and
WHEREAS, certain provisions and agreements with respect
to the aforesaid subdivision map are agreed to by the parties in
addition to or replacement of the terms and conditions set forth
in the City's standard Subdivision Improvement Agreement Form NO.
CA-410, revised 12/82, which this Supplement is affixed to, and
WHEREAS, the pa~ties hereto agree to the filing,
approval and recordation of the subject subdivision map upon its
compliance with the terms of Form NO. CA-410 as may be revised by
this documnnt.
NOW, THEREFORE, IT IS MUTUALLY UNDSRSTOOD ANP AGREED AS
FOLLOWS:
1. For purposes of this Supplement and the Ci y'~
Standard Form Subdivision Improvement Agreement, "Subdivider'
shall be BastLeke Development Company, a California general
partnership comprised of corporations or upon approval of the
City, (not to be unreasonably witbhe]d, in accordance with
Section 5.2.2 of the Development Agreement between the City of
Chula Vista and EastLake Development Company), the Assignee of
Subdivider's interest in the aforementioned subdivision.
2. City, Subdivider and Subdivide~'s authorized
Assignee contemplate that the subdivision maps, for the
aforementioned ~ubdivi~ion shall De approved for filing and
recordation prior to city final approval of the com[ letion of
subdivi:~ion improvement plan~ for all public improvements
required as a condition of this division of ~eal property. The
parties agree that neither Subdivider nor Subdivtder's authorized
Assignee shall be authorized t~ proceed and construct the public
improvements as a condition to this map prior to City Engineer's
approval o£ such subdivision improvement plans in accordance with
the p~ocedu~es and standards of the City of Chula Vista.
'' 345
3. It is further agreed by the parties hereto that the
principle amuunts of the labor and materials, and faithful
performance bonds affixed hereto as Exhibits A, B and C, are
based upon t~e current estimates of the parties of the cost of
completion o~ the public improvements contemplated by this
subdivision. Subdivider or Subdivid.r's authorized Assignee
shall be aRthorized, following appreval of a~l improvement
drawings for the subject property to seek a reduction &n the
lmpzoYement security based upon ~evised estimates. City, upon
request of Subdivider or Subdlvtder's Assignee shall not
unreasonably withhold agreement to such a reduction in
4. Notwithstanding any pr ,visions to the contrary in
the p~ovisions of the "Improvement Bond Act of 1915" (Divislol] 10
of Section 66462(A)(2) of the Government Code Of the State Of
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II
'~ 346
7. The City re6ervss the right, upon adequate notice tJ
subdivider, to suspend the issuance of building permits for
residential dwelling units (or in the alternative sewer hook-ups)
for units which are served by a 9rarity sewer line in Bonita Long
Canyon where the City determines that the then present facilities
are inadequate to provide service to additional dwelling units
building permits of sewer hook-ups shall be lifted upon EastLake
CaNyon Development with respect to oversizing the sewer lines in
9 ,%47
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~ 346
7. The City ~ ~e issuance of! building per~it~_
for units which are served by a gravity sewer line in Bonita Long
canyon where the City determines that the t!-en present facilities
are inadequate to provide service to additional dwelling units
from this subdivision. Such suspension of the issuance of
building permits of sewer hook-ups shall be lifted upon EastLake
De elop~ent Company's provision of security for the completion of
ents contemplated by various agreements
he wcrks of improvem d McMlllin Bonita Long
re,ween EastLake Development Company &snizin the sewer lines in
~an¥on Development with respect to over g
the sewer basin.
8. To the extent that this Addendum to the City's
standard subdivision improvement Agreement Form NO. CA-410 is '
coDsistent with said standard form, it shall take precedent over
any provision therein to the contrary.
IN WITNESS W~EREOF, the parties hereto have caused this
Ii greement to be executed on the day and year first hereiaabove
set forth.
HE CITY OF CHULA VISTA SUBDIVIDER:
Chula Vista
A ~proved as to form by:
orney Acknowledgement)
.: 348
This Interim Facilities Financin~ Agreement ("Agreement'
is entered into on the ~ day of /~,.~ 1 ..... )
EastLake Development Company, a Call~nera1 Partnership
("city"), with reference to the recitals set forth below:
349
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Payment of the fees and Developer's covenants with
respect to dedication set forth herein shall be in satisfaction
of any and all prorata obligations which the residential develop-
ments and dwelling units within the EastLake ~ills and EastLake
Shores bear towards Financing Plan Projects Nos. 29, 30, 34, 36,
39, 41, 46, 48, 49, 50, 51 and 32.
2. The parties to this Agreement have not established,
where impact fees are contemplated, the exact f,s to be paid Dy
Developer as a condition to the issuance of building permits. An
interim fee shall be established and ~greed to and set forth at a
later date as Exhibit 'A" to this Agreement. City and Developer
shall utilize their best efforts to establish an interim fee
schedule as soon as possible setting forth generally the fees to
be provided for each land use on an equivalent dwelling unit Or
acreage basis and subdivided categories of land where
appropriate, such as various types of residential construction.
NO building permits shall be issued until the interim fee
schedule is agreed to by the parties. Exhibit "A" shall also
generally in form and content set f~,rth the total equivalent
dwelling units estimated for all areas benefitting from the
facilities to be financed in part by the EastLake Hills and
EastLake Shores fees, together with the total equivalent dwelling
units contemplated for the EastLake Hills and Eas~Lake Shores
development. Exhibit 'A' shall also indicate either what
percentage of each fee is attributable to the listed
referenced nu~bers set forth above, or the means foe calculatinJ
such percentage.
3. Developer agrees to allow City _o withhold
residential building permits fo~ any and all Final Map a!-as
within the EastLake Hills and EastLake Shores area unle~
until the fees established in Exhibit 'A' are paid either at the
time of or prior to fhe issuance of bH]lding permits or until one
or mute financing option(s) contemplated within Article X of the
Financing Plan is in effect. Developer further agrees that p~ior
to issuance of residential building permits for E~stLake I,
mechanisms must be established to fund the Reserve Fund for
EastLake Development in accordance with the approved Public
Facilities Financing Plan.
4. In addition to the requirements set forth in Para-
graph 3 hereinabove, Develnper agrees at the times set forth
herein below to: (i) make' an i.revocable offer of dedication of a
one (i) acre site for a public library in such location as is
satisfactory to the City Manager ~ursuant to the first Final
Subdivision Map for the EastLake Village Center area of the
EastLake 1 SPA; (ii) provide the City with a building of at least
4,000 square feet in the HastLake ' [llage Center at no cost to
the City for a period of five (5) consecutive years unless this
condition is waived upon an earlier date; (iii) provide for and
construct a transit center, including parking or loading s~ce
for four to five (4-5) busses and 120 automobiles in accord4~nce
with the City's parking standards in conjuaction with the
approval of the first Final Map for the EastLake Village
Center;(iv) make an irrevocable offer of dedication of a
community park site in the location shown on the appcoved
EastLake SPA upon City approval of either a Supplemental SP~ oc a
new SPA for the areas of EastLake 1 currently wlth!n the
jurisdiction of the City of Chula Vista south of Otay Lakes ~nad
(Telegraph Canyon extension); and (v) make an irrevocablea offer
of dedication of one (1) acre of usable land for a fire station
in conjunction with the approval of the first Final Map for
EastLake Bus. ness Center.
5. Upon compliance with the conditions set forth in
Paragraphs 2, 3 & 4 hereinabove, Developer shall be deemed to
satisfy its obligations with respect to development in the
EastLake ~Iills and EastLake Shores area.
6. Unless and until this Agreement is superceded by one
or more of the financing program(s) as authorized by the
Financing Plan, this Agreement shall remain in effect and the
fees subsequently set forth by Exhibit "A' shall remain condi~
tions of the issuance of building permits; provided, however,
that the fees set forth in Exhibit "A' shall be subject to an
annual review by the City Council and may be adjusted by the City
Conncil by an amount not to exceed the percentage increases or
decreases set forth in the Engineering News Record for tLe types
of construction contemplated for the referenced capital projects.
7. Nothing contained herein shall be deemed to modify,
abrogate or COnStitute a waiver by elthgr party Of one another's
obligation set forth in the Development Agreemel.t.
8. This Agreement shall not in any way modify the
City's obligations with reupect to the formation of financing
programs and insuring that benefitted parties provide their
fair-shace, prorata contributions towards the cost of facilities
that benefit projects other than EastLake pursuant to Section
6.3.2 of the Dev,'lopment Agreement.
9. Such funds as are paid by Developer or others in
conjunction with this Agreement shall be placed in
interest-bearing account an~ may be expended only for ~he
purposes of p~oviding the public facilities set forth in the
p~oject Reference numbers set forth hereinabove in Paragraph 1.
lO. The interim fees payabte as a condition to the
issuance of building permits for development within the EastL~ke
Hills and EastLake Sho~es area shall be for the referenced
project numbers; provided, however, that to the extent the
equivalent dwelling []nit fees are ]etermined to be in excess of
the fees established by the City .n the Facility Financing
the Developer shall be entitled to a credit. Such credit may be
applied at the option of the Developer to other obligations in
~ 351
may be taken as a one-time lump sum reimbursement due within
amount set in the Facility Financing Plan, the Developer agrees
to pay the difference to the City.
Ii. Where Developer builds or causes to be build facil-
or are constructed early. Said credit may be applied by
~ 35t
accordance with the t~rms of an a~opted financing mechanism or
Should the interim fees paid by the Developer be less than the
to pay the dif'erence to the City.
ities of excess or i.upplemental size, capacity, length or where
required under Articles XIII and IX of the Financing Plan,
or are constructed early. Said credit may be applied by
building permits fo~ additional dwelling units in accordance with
ffect the right of the parties to modify or suspe%d this Agree-
Approved as to form.
Assistant city Atto~-~
108Pa
Bond No: 9e6o311
Premt ~m~: $2,115.00
--84-') as approved on ~ 1% 19R9 , ~nd ~ by the
PWE-)O0
Bond No: 9860311
354
2 " '/
POWer of ,4.orney ~
FIDELITY AND DEPOSIT COMPANy OF MARYLAND
PERFORMANCE BOND.
BONO FOR ~TER~AL AHO ~80R
~E~AS, TH[ C~ty Council of the C~ty o( Chula Vts~. Sta~ of ~ltfo~ta ~s
r~uJres certain public drainage facilities 'q be ~nstal]~ and construct~ by
~ERE~, Under the rems o~ said p~oJect, pr~nct~l
Chula VJsta to secure the c]a~s to which reference ~s rode tn T~tle ~5 (c~e~ wJth
~n the aforesaid Code of C~v~] Procedure ~n the s~
~ ($~O~O - ), fo~ ~ter~a)s furnished ~r Ta~r ther~ of
'(c~ncing with Section 3082) of Part 4 of Division 3 of the Civil C~e,so Js to give a
~E-34 (HOD)
Bond }to: 9660~,11
i! Prmium: INCLUDED IN
BONO FOR ~TERIAL ~D ~
~E~S, ~E Ct~ ~unctl of the City of Chula Vista, Sta~ of ~ltfo~la ~
r~utres cer~ln public dral~ge facllities~ be in~ll~ and constr~c~ ~y
~ERE~, Under the te~s of said proJ~t, pKinci~l is required ~fore ent~ri~ ~
Chu)a Vista to secure the claims to which refe~enc~ is ~de in Title 15 (c~e~tng wl~
S~tton ~82) of Part 4 of Division 3 of the Civil C~e of the S~te of ~li~o~ta.
t~ ~he aforesaid Code of Civt) ProceduKe in the s~ of ~I~R ,~ [~n ~n~
.. FIDELI~ AND DEPOSIT COMPANY OF ~RYLAND
- ;'.'" ~." '-'.." '."~'.~'.~' '" ' ..: ?':-:!.:.::~,c~../.~l,~:.-. ~'7:"
TO: Finance ~par~nt
(Add~ess of Job Site or Subd.
~unt Fo~ Explana tfon
$ Subdivision Fees I~-3702
$ Street Sign Fees
~ Street Light Fees ~-3740
Cash
$ Other
for City Engineerm for Director of Finance
PU-E-33 (Bev. 4-14-83)
~-L~-'-" ': - --- EASTLAKE RESIDENTIAL