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Reso 1986-12453
2309 86 192751 -' [~nnle M. Fulas~ ~ Oerk ~5C0~ CFF!CiAL P. O. Box 1087 RESOLUTION NO 12453 : ~ Chula Vista, Cali~)rnla 92012 I~ tI~Y 15 ~ 9: 18 RESOLUTION OF THE CITY COUNCIL OF THE CItY OE r ~ERA L LYLE CHULA VISTA APPROVING MAP O? CflULA VISTA ~l~0~TY~Cn~fi~ 84-7, UNIT NO. 1, EASTLAKE VILLAGEL AND BUSINESS CENTER, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND APPROVING SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR NON MAP ACT REQUIREMENTS 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 84-7, Unit No. 1 (EASTLAKE VILLAGE AND BUSINESS CENTER), and more particularly described as follows: Being a subdivision of Parcel 1 of Parcel Map No. 13697, filed in the Office of County Recorder of San Diego County, February 27, 1985 and a portion of Parcel 2 of Parcel Map No. 13883, filed in the office of County Recorder of San Diego County, July 5, 1985, all in the City of Chula Vista, County of San Diego, State of California. Area: 132.945 acres No. of Lots: 36 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 said Council hereby accepts on behalf of the public the public streets, to-wit: Lane Avenue, Kuhn Drive, Hale Place, Miller Drive, Fenton Street, Boswell Road, Eastlake Parkway and Otay Lakes Road and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the easements with the right of ingress and egress for the construction of sewer and drainage facilities and street tree planting and maintenance easements and abutters rights of access along Eastlake Parkway, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. -1- 2310 BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as heretofore stated and that those certain easements with the right of ingress and egress for the construction and maintenance of sewer and drainage facilities and street tree planting and maintenance easements and abutters rights of access as granted thereon and shown on said map within said subdivision and offsite are accepted on behalf of the City of Chula Vista as hereinabove stated. 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 Subdivider shall provide the bonds specified by the Subdivision Improvement Agreement prior to execution of the Agreement and transmittal of the Final Map for execution. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the 22nd day of April, 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 22nd day of April, 1986, providing for approval of the Final Map for Chula Vista Tract 84-7 Unit No. 1 Eastlake Village and Business Center 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 ~lic Wo~kPsP~yD~nr~nte°err°f Charles R. Gill, Assistant City Attorney 1476a 2311 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 6~h day of May 19 86 , by the following vote, to-wit: AYES: Councilmembers Cox, Malcolm, Moore, Campbell, McCandltss NAYES: Counci l members None ABSTAIN: Counci lmembers None ABSENT: Council members None 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 (3 full, true and correct copy of RESOLUTION NO. 12453 ,and that the same has not been amended or repealed DATED ~.~-~~;j City Clerk OF CHUIA CC-660 SUBDIVISION ~/~/~ THIS AGREEMENT, made and entered into this~,~ day of , 19,~, by and between THE CITY OF CHULA VISTa, a municipal corporation, hereinafter called "City", and EASTLAKE DEVELOPMENT COMPANY, 701 B Street, Suite 730, San Diego, California 92101 hereinafter called "Subdivider"; · W ITNES SETH : 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 EASTLAKE BUSINESS CENTER, UNIT NO. 1 pursuant to the provision 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 maps, 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 thereof, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and 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 improve- ment 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.11960 , approved on the 19th day of March , 1985 , and Form No. CA-410 Revised 12/82 WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared, submitted to and approved by the City Engineer as shown on Drawings No. 85-656 through 85-699 inclusiv~ on file in the Office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City, in the amount of THREE MILLION ONE HUNDRED TWENTY THREE THOUSAND, ONE HUNDRED S~XTY TWO DOLLARS AND NO CENTS ($3,123,162.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider agrees to c~ply with all of the require- ments of the tentative map resolution; to do and perform or cause to be done and performed, at its own expense, without cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvements and/or land development work required to be done in and adjoining said subdivision; and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the required improvements, 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 Subdi- vider will cause all necessary materials to be furnished and all improvements required under the provisions of this contract to be done on or before the third anniversary date of the recordation of the map of said subdivision. 4. It is expressly understood and agreed that Subdi- vider 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 certi- fied 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. *Excepting the work on those drawings which will be financed through formation of an assessment district. --2-- 5. It is expressly understood and agreed to by Subdi- vider 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 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 in the sum of ONE MILLION FIVE HUNDRED SIXTY TWO THOUSAND DOLLARS AND NO CE~TS ($1,562,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 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 in the sum of ONE MILLION FIVE HUNDRED SIXTY TWO THOUSAND DOLLARS AND NO CENTS ($1,562,000.00) 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. 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 in the sum of EIGHTEEN THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($18,400.00) 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 public improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the comple- tion of the public improvements within said subdivision in accordance with the specifications contained herein. Upon certi- fication 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. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. -3- ,,, 315 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 plans and installation of public improvements 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 have deposited with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alley, 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 omissions 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 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 harmless City, its officers and employees, 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. Said indemnification and agreement to hold harmless shall extend to damages or taking of property resulting 'from the construction of said subdivision and the public improvements as provided herein, to adjacent property owners as a consequence of the dive~sion of waters in the construction and maintenance of drainage systems and 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 bec~e 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. -4- 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 SUBDIVIDER: EASTLAKE DEVELOPMENT COMPANY ApPeal as t~i;~212;k 0 City Attorney "! (Attach Notary Acknowledgment) -5- ,?,317 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance: Form: Bond Amount: $1,562,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $1,562,000.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $18,400.00 Securities approved as to form and amount by ssistant City Attorney Improvement Completion Date: Three years from date of Council approval of the Subdivision Improvement Agreement. SUPPLEMENT TO CHULA VISTA SUBDIVISION IMPROVEMENT AGREEMENT This Supplement is made and entered into this ~ day of ~ ~ 1986 by and between the City of Chula Vista, a municipa corporation, hereinafter called the "City" and EastLake Development Company, a California limited partnership, hereinafter called the "Subdivider;" W I TNES S ET H : 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 EastLake Business Center, Unit No. 1, 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 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 parties 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 document. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. For purposes of this Supplement and the City's Standard Form Subdivision Improvement Agreement, "Subdivider" shall be EastLake Development Company, a California general partnership comprised of corporations or upon approval of the City, (not to be unreasonably withheld, 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 Subdivider' s authorized Assignee contemplate that the subdivision maps, for the aforementioned subdivision shall be approved for filing and recordation prior to City final approval of the completion of subdivision improvement plans for all public improvements required as a condition of this division of real property. The parties agree that neither Subdivider nor Subdivider's authorized Assignee shall be authorized to proceed and construct the public improvements as a condition to this map prior to City Engineer's approval of such subdivision improvement plans in accordance with the procedures and standards of the City of Chula Vista. ..... 319 3. It is further agreed by the parties hereto that the principle amounts of the labor and materials, and faithful performance bonds affixed hereto as Exhibits A, B and C, are based upon the current estimates of the parties of the cost of completion of the public improvements contemplated by this subdivision. Subdivider or Subdivider's authorized Assignee shall be authorized, following approval of all improvement drawings for the subject property to seek a reduction in the improvement security based upon revised estimates. City, upon request of Subdivider or Subdivider's Assiggee shall not unreasonably withhold agreement to such a reduction in improvement security as may reasonably reflect the revised cost estimates of the works of improvement following approval of all improvement drawings. 4. Notwithstanding any provisions to the contrary in the City's Form No. CA-410 Subdivision Improvement Agreement, the City shall not, by authorization for the approval of the filing or recordation of the above-mentioned subdivision map, be estopped from denying or conditioning the approval of subdivision improvement drawings in accordance with adopted procedures or standards of the City of Chula Vista. 5. Certain public improvements are contemplated to be built or financed in whole or in part by Subdivider or Subdivider's Assignee in conjunction with the development of the property contained within the aforementioned map pursuant to the Development Agreement and Public Facilities Financing Plan approved by the City of Chula Vista on February 26, 1985. The parties agree that a prorata contribution towards the facilities contemplated in such agreements shall be paid by Subdivider pursuant to an agreement entitled "Interim Facilities Financing Agreement" with respect to payment of EastLake Hills and Shores impact fees which is attached hereto and incorporated by reference as if fully set forth herein. The Bonds attached as Exhibits A, B and C shall not secure the performance of the parties to the Interim Facilities Financing Agreement. 6. Notwithstanding any provision to the contrary in the City's Standard Subdivision Improvement Agreement Form CA-410, Subdivider shall be authorized to finance certain of the above public improvements (sewer, water, streets, etc.) through special assessment proceedings under the provisions of the "Municipal Improvement Act of 1913" (Division 12 of the Street and Highways Code of the State of California), with bonds to issue pursuant to the provisions of the "Improvement Bond Act of 1915" (Division 10 of said Code). This authorization is pursuant to the provisions of Section 66462(A)(2) of the Government Code of the State of California. -2- .!' 2320 7. The City reserves the right, upon adequate notice to 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 gravity sewer line in Bonita Long Canyon where the City determines that the then 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 Development Company's provision of security for the completion of the works of improvements contemplated by various agreements between EastLake Development Company and McMil~in Bonita Long Canyon Development with respect to oversizing the sewer lines in the sewer basin. 8. To the extent that this Addendum to the City's standard Subdivision Improvement Agreement Form No. CA-410 is consistent with said standard form, it shall take precedent over any provision therein to the contrary. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SUBDIVIDER // city clerk' Approved as to form by: Assistant City Attorney (Attach Notary Acknowledgement) 1088a -2- 2321 STATE OF CALIFORNIA ) ) s.s. COUNTY OF SAN DIEGO ) ON THIS ,<~..~ DAY OF/ ( //~'///' , 19 ~(~.~ BEFORE ME, THE~IGNED, A ~OTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED Robert Santos KNOWN TO ME (OR PROVED TO ME ON T~-IE BASIS OF SATISFACTORY EVIDENCE) TO BE THE Sr. Vice President OF EastLake Development Co. , A PARTNERSHIP, THE PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT SUCH PARTNERSHIP EXECUTED THE SAME, PURSUANT TO ITS BY-LAWS. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. 'NOTAI~,Y-PUBLIC AND AND 'F'oR SAID COUNTY AND STATE MY COMMISSION EXPIRES / 2322 INTERIM FACILITIES FINANCING AGREEMENT This Interim Facilities Financing Agreement ("Agreement") is entered into on the ~ day of , 1986 between EastLake Development Company, a California general partnership l Developer", and the City of Chula Vista, a municipal corporation City"), with reference to the recitals set forth below: Recitals WHEREAS, the City and Developer have previously agreed to an EastLake 1 Public Facilities Financing Plan dated February 7, 1985 ("Financing Plan") and entered into a Development Agreement dated February 26, 1985 ("Development Agreement") with respect to the provision of public infrastructure required for the develop- ment of the EastLake 1 SPA; and WHEREAS, the Financing Plan, SPA and Development Agree- ment contemplate the dedication of certain lands and various mechanisms for financing various public improvements pursuant to Articles VII, VIII and IX of the Financing Plan; and WHEREAS, the parties to this Agreement are presently formulating various financing programs to implement the methods of financing for capital improvement projects for the construction of public infrastructure contemplated by the Financing Plan; and WHEREAS, notwithstanding the ongoing work on said Financing Plan and the various mechanisms authorized for financing certain capital facilities thereunder, Developer (on behalf of itself or its merchant builders) wishes to seek City approval of various final subdivision maps for the areas commonly known as the EastLake Hills and EastLake Shores, lying to the west of the proposed Route 125 on both sides of East "H" Street within the EastLake 1 SPA area; and WHEREAS, the parties to this Agreement acknowledge that Developer's responsibility towards providing certain public facilities for the EastLake Hills and EastLake Shores area may be discharged prior to the completion of various financing options and structures contemplated under the Financing Plan by the contractual pledge to dedicate land and the payment of certain fees as conditions to the issuance of building permits for the construction of residential dwelling units within the EastLake Hills and EastLake Shores area; and WHEREAS, the parties acknowledge that they are in the process of completing their work with respect to the formation of various public facility financing options under the Financing Plan. -1- NbW, 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 Hills and EastLake Shores bear towards Financing Plan Projects Nos. 29, 30, 34, 36, 39, 41, 46, 48, 49, 50, 51 and 52. 2. The parties to this Agreement have not established, where impact fees are contemplated, the exact fee to be paid by Developer as a condition to the issuance of building permits. An interim fee shall be established and agreed 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 forth 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 EastLake Shores development. Exhibit "A" shall also indicate either what percentage of each fee is attributable to the listed project referenced numbers set forth above, or the means for calculating such percentage. 3. Developer agrees to allow City to withhold residential building permits for any and all Final Map areas within the EastLake Hills and EastLake Shores area unless and until the fees established in Exhibit "A" are paid either at the time of or prior to the issuance of building permits or until one or more financing option(s) contemplated within Article X of the Financing Plan is in effect. Developer further agrees that prior to issuance of residential building permits for EastLake 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, Developer agrees at the times set forth herein below to: (i) make an irrevocable offer of dedication of a one (1) acre site for a public library in such location as is satisfactory to the City Manager pursuant 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 EastLake Village 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 space for four to five (4-5) busses and 120 automobiles in accordance --2-- " 2324 with the City's parking standards in conjunction with the approval of the first Final Map for the EastLake Village Center;(iv) make an irrevocable offer of dedication of a 15-acre community park site in the location shown on the approved EastLake SPA upon City approval of either a Supplemental SPA or a new SPA for the areas of EastLake 1 currently within the jurisdiction of the City of Chula Vista south of Otay Lakes Road (Telegraph Canyon extension); and (v) make an irrevocablee 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 Business 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 Hills 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 Council by an amount not to exceed the percentage increases or decreases set forth in the Engineering News Record for the types of construction contemplated for the referenced capital projects. 7. Nothing contained herein shall be deemed to modify, abrogate or constitute a waiver by either party of one another's obligation set forth in the Development Agreement. 8. This Agreement shall not in any way modify the City's obligations with respect to the formation of financing programs and insuring that benefitted parties provide their fair-share, prorata contributions towards the cost of facilities that benefit projects other than EastLake pursuant to Section 6.3.2 of the Development Agreement. 9. Such funds as are paid by Developer or others in conjunction with this Agreement shall be placed in an interest-bearing account and may be expended only for the purposes of providing the public facilities set forth in the project Reference numbers set forth hereinabove in Paragraph 1. 10. The interim fees payable as a condition to the issuance of building permits for development within the EastLake Hills and EastLake Shores area shall be for the referenced project numbers; provided, however, that to the extent the equivalent dwelling unit fees are determined to be in excess of the fees established by the City in the Facility Financing Plan, the Developer shall be entitled to a credit. Such credit may be applied at the option of the Developer to other obligations in --3-- 2325 accordance with the terms of an adopted financing mechanism or may be taken as a one-time lump sum reimbursement due within thirty (30) days after the effective date of said City action. Should the interim fees paid by the Developer be less than the amount set in the Facility Financing Plan, the Developer agrees to pay the difference to the City. 11. Where Developer builds or causes to be build facil- ities of excess or supplemental size, capacity, length or where Developer builds facilities prior to the time the facilities are required under Articles XIII and IX of the ~inancing Plan, Developer shall be granted a credit to the extent that such facilities are of excess or supplemental size, capacity or length or are constructed early. Said credit may be applied by Developer against the payment of fees for the issuance of building permits for additional dwelling units in accordance with the equivalent dwelling unit fee structure to be established in accordance with Paragraph 2 above. 12. If any material provision of this Agreement is held invalid, this Agreement will be automatically terminated unless within 15 days after such provision is held invalid the party holding rights under the invalidated provision affirms the bal- ance of this Agreement in writing. This provision will not affect the right of the parties to modify or suspend this Agree- ment by mutual consent. 13. Developer may transfer its rights and obligations under this Agreement if such transfer or assignment is made as part of a transfer, assignment, sale, or lease of all or a por- tion of the Property and the City consents to said transfer. Said consent shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. CITY: DEVELOPER: CITY OF CHULA VISTA, EASTLAKE DEVELOPMENT COMPANY, a municipal corporation a California general partner- s~ ~.~ ship comprised of corporations By: By: ~~ It Approved as to form. Assistant City Attorney -4- 1089a - Bond NO: 921259S 2326 '~rem±um: $1~,~ BOND FOR FAITHFUL PERFORMANCE WHEI~EAS, The City Council of the City of chula Vista, State of California, and EASTkAKE DEVELOPMENT COMPANY. a Californfa General Partnership (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 ~ , and identified as project Tra¢~ $4-7 / ..- - ~ , is hereby referred to and made a part hereof; and W~HEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and DEVELOPERS INSURANCE COMPANY , as surety, are held and firmly bound unto the 'City of Chula Vista, hereinafter called "City", in the penal Sure of QN~ MIl.LIbel FIVE HUND~ED~SIXTY 'THOUSAND AND N0/100 3~ollars ($2~ 562.000.00 ) lawful money of the United States, for the pay~e~ht of which susa well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presentS. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, adminis- trators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any altera- tion thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Chula Vista, its officers, agents and employees, as therein stipulated, then this obligati°n shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and in-' cluded in any j~dgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement ~r to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the speci- fications. In addition to the acts bonded for pursuant to the agreement incorporated above, the following acts and performances are additionally subject to the terms of this agreement: In witness whereof, this instrument has been duly executed by the principal and surety above named, on ^pril 4th , 19 86 EASTLAKE DEVELOPMENT COMPANY, a ,C~ornia General Partnership DEVELOPERS INSURANCE COMPANY ~q WSlshire Av~, A~h~im, C~ Q~NI Contractor Surety David C. Banfer,Attorney-in-Fact APPROVED AS TO FORM: City Attorney PW-E-34 s~^~ o~ c^,mo~N,^ Orange Iss. 2358 COUNTy OF _) Sa}U S(a~e, peFsooaBy appeare~ David B. Kuhnj Jr. Df satisfacto~ evidence) to be the persons who execuled the within instrument a& - -- President and - Secreta~. on behalf off,Vid [y~ Inc. he corporation therein named, and ackoowledge~to me that ~nown to me to be one of the pa~ners o~ EastLake ~ ~, ~, .... owledged to me that SUCh corporation executed the same as /iTN ESS my hand and official al. (This area for official notarial seal) ~TE OF CALIFORNIA } SS. R ~ ~ggG , before me. the undersigned, a Notary Public in and for said uAViO C. BANFER mn~ly appeared ~on~y known to me (or proved to me on the basis of satisfactory- ence) to be ~e person who executed the within instrument as Attorney- 'act on bek~f of Developers Insurance Company, &e corporation therein ~ed, ~d acknowledged to me that the corporation executed it. [~,~%~ ~ ~ ~~ / Bond No: 921259S Premium: incl in performance BOND FOR MATERTAL AND LABOR WHEREAS, the City Council of the City of Chula vista, State of California, and EASTLAKE DEVELOPMENT COMPANY~ a California General Partnership (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated /~ 19 ~ , and identified as project_. Tract 84-7 ' , is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chula Vista to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THE.PJEFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Chula Vista and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ONE MILLION FIVE NUNDRED SIXTY TWO THOUSAND AND NO/100 dollars (St ~,nqO ND ), for materials furnished or labor thereon of an~-k~hd,- Or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Chula Vista in successfully enforcing such obligation, to be awarded and fixed by the court, and to be. taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 2330 The surety-hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instruament has been duly executed by the principal and surety above named, on April 4th 19 EASTLAKE DEVELOPMENT COMPANY,a California General Partnership DEVELOPERS INSURANCE COMPANY ~ ~g~dBe~t~uhn, Jr. / ~33 Wilshire Ave, Anaheim, Ca 9280! Contractor APPROVED AS TO FORM: , City Attorney PW-E-34 , 2331 STATE OF CALIFORNIA Orange }ss. COUNTY OF On ~r i '{ 7_, 19 8 {~ , before me, the undersigned, a Notary Public in and for ! said State, personally appeared David B. Kuhn, Jr. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as _ President and __Secreta~, on behalfofDavid IV, Inc. the corporation tberein named, and acknowledged to me that said ,'~orporat!on executed the within instrument pursuant to its daws or a resoiutio n of it s board of directo rs, said co rporation being known to me to be one of the partners ol EastLake Development Compan_y ., the partnership that executed the within instrument, and ack- nowledged to me that such corporation executed the same as such partner and that such partnership executed the same, WITNESS hand and offici seal. Signature ~'~v~$, ~ (This area for official notarial seal) · ' ORPORATION TATEOUNTY OFoF CALIFORNIA ORg~GE } SS. ,n A~ ~ i,~l~ before me, the undersigned, a Notary Public in and for said State, DAVID C. BANFER .! ersonally appea~ed ersonally known to mc (or proved to me on the basis of satisfactory vidence) to be the person who executed the within instrument as Attorney- q-Fact on behalf of Developers Insurance Company, the corporation therein amed, mad acknowledged to me that the corporation executed it. .-7.:7~ C, ~ .U,..~ {i--.~.,~ ;igna: 9re . / ~ )4 (REV. 2185) This area for Official Notarial Seal Bond No: 921370S Premium: $74.00 SURVEY MONUMENT INSTALLATION BOND KNOW ALL MEN BY THESE PRESENTS, That I/W_e 5ast/ake Development Company as the subdivider and Principal, and the Developers ir~$urance ~ompany a Corporation of the State of .. Ca form~a , as Surety, are held and firmly bound unto the City of Chula Vista, a municipal corporation, in the County of San Diego, State of California, and to and for the benefit of any and all persons who may suffer damage by reason of the breach of the con- ditions hereof, in the penal sum of £|qhtge~ lbousand Four }h]ndr~d DoHar~ ($ ~8,400 ) lawful money of the United States of America, to be paid to the said City of Chula Vista. · WHEREAS, the said Principal is presently engaged in subdividing certain lands to be known as 5ast[ake ~ Bus. Ctr.-Uni~ ~ subdivision in the City of Chula Vista, in accordance with the Contract for Completion of WHEI~EAS, the said Principal desires not to set durable monuments ~rior to the recordation of the final map of the subdivision and desires same at a later date, NOW, THEREFORE, the condition of the above obligation is that if the ipal shall have set durable monuments of the survey by Rick En¢~ineeri~g (name of , as per the final map of said subdivision, a coPy of rineer) ch is on file with the City Engineer of the City of Chula Vista, refer- :e to which said map is hereby made and same is incorporated herein as here set forth in full, and according to the ordinances of the City Chula Vista in force and effect at the time of giving of this bond, on before the expiration of thirty (30) consecutive days following completio acceptance of public improvements within said subdivision, then the 'ation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have 'hereunto set their hands, this 9th day of April , 19 86 EAS=~AKE DEVE_LO~%ENT COMPANY Day' I ~ net partner · (i~cipal) APPROVED AS TO FORM: Developers Insurance Company (Surety) . ~ Attorney-in-Fact City Attorney David C. Banfer ~W-E-34 "~ }ss. )F CALIFORNIA O ~t4 ~,~ ~., Y OF before me, the undersigned, a Notary Public in and for ~id State, DAVID C. BANFER STATE OF CALIFORNI~R~G oisatis~ac ~ ' DaVLG ~V, ~- ~nown to me to be one of the pa..ers ; 334 01 11U POWER OF ATTORNEY ', DEVELOPERS INSURANCE COMPANY P.O. Box 3343, Anaheim, Calif.. 92803 EXPIRATION DATE: December 31, 1986 KNOW ALL MEN BY THESE PRESENTS: That DEVELOPERS INSURANCE COMPANY, A corporation, duly organized and existing under the laws of the State of California. and having its Home Office in the Ci y of Anahe m, Ca fornia, does hereby make, constitute and appoint David C. Banfer its true and lawful Attorney(s)-in-Fact. to make, execute, sea[ and deliver for and on its behalf as surety, any and all bonds or undertakings in an amount not exceeding $I,500,000 in any single undertaking in accordance with its charter and to hind the corporation thereby as fully and to the same extent as if such bonds were signed by the President. sea]ed with the corporate seal of the corporation and duly attested by its Secretary. hereby ratifying and confirming the acts of Attorney(sFin-Fact may do to these presents, This power of Attorney does not cover the following: Bank deposdory bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds. ~arehouse bonds, self-insurer's bonds, fideii y bonds, ba bonds, wage law bonds, and fiduciary bonds · This power of attorney is granted pursuant to Article IV. Section I 1 and 12 of By-laws of DEVELOPERS INSURANCE COMPANY adopted on the thirtieth day of March~ 1979, and now in full force and effect. Article IV. Appointment and Authority of Resident Assistant Secretaries, and Attorney-in-Fact and agents to accept Legal Process and Make Appearances. Section 1I. The Chairman of the Board, the President. any Vice President. any Secretary or any Treasurer may appoint attorneys-in-fact or agents with power and' authority, as defined or limited to their respective power of attorney, for and on beha f of he corpora on to execute and deliver, and affix the seal of the corpora on there o, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said office~s may remove such attorney-in-fact or agent and revoke the power and authority given to him. Section 12. Any bond. undertaking, recognizance, consent of surety or written obfigation in the nature thereof shah be valid and binding upon the corporation when signed by the Chairman of the Board. the President, any Vice President or any Treasurer and duly attested and sealed, if a seal is required, by any Secretary or when signed by the Chairman of the Board, the President, any Vice President or any Treasurer and countersigned and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent and any such bond. undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the corporation when duly executed and sealed, if a seal is required by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority granted by his or their powers of attorney. This power of attorney is signed and sealed under and by authority of the following Resolution adopted by the Board of Directors of DEVELOPERS INSURANCE COMPANY at a meeting duly called and held on the third day of August. 1982. and that said Resolution has not been amended or repealed: ~RESOLVED, that the signature of any Vice-President or Assistant Secretary of this corporation, may be affixed or printed on any power of attorney, on any revocatmn of any power of attorney, or certificate bearing such facsimile signature but shall not be valid and binding upon the corporation unless the seal of the corporation is affixed on such power of attorney, revocation of any power of attorney, or certificate bearing a facsimile signature." NOTICE: 1. This Power void unless corporate seal perforates power next to signatures. 2. lhis Power ~oid if altered or erased. 3. Power of attorne.~ ~hould not be returned to Aaorne?in-Fact, but should remain a permanent part of the obligee's records. 4. This Power is *o d un ess the seal is readable, text is in brown ink, signatures are in blue ink and notice is in red ink. IN WITNESS WHEREOF, DEVELOPERS INSURANCE COMPANY has caused these presents to be signed by its Secretary. and its corporate seal to be hereunto affixed this fifth day of December, 1984. DEVELOPERS INSURANCE COMPANY On this fifth day of December, 1984, before me personally came Paul E. Griffin. Jr,, to me knov, n who being by me duly sworn, did depose and say: that he is Secretary of DEVELOPERS INSURANCE COMPANY. the corporation described in and which executed the above instrument: that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. ARY ROSEN Signed and sealed at Anaheim. California, this 9 t h day of ~ p r i 1 19 8 6. lhomas H. Tyrell, Jr,. Execu ~.vlce rreslaentw © DEVELOPERS INSURANCE COMPANY, 1985 WARNING! This is a copwzghted document. An,~ unauthorized repr0duc o pro b ed All Rights Reserved. FORM DI 001 10/85 2335 · CIIULA VISTA' TRACT NO. 84-7 AEdGTLd(E VILLAGE CENTER -~EdSTLd(E BUSINESS CENTER 2336.