HomeMy WebLinkAboutAgenda Packet 2000/01/04
"I declare tinder penalty of perjury that I am
employed by the City of Gnula Vista in the
Office of the CH\, Glori< em; ,hat I pos¡ed
this Agenda¡rJoj~e on tl;o ßCI:ei:in Board at
AGENDA the Public ï/3f,S Building '~
DATED,}? ~ Ij!/slm~ED ..- ' .
January 4, 2000 4:00 p.m.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
1. Employee Recognition Award of the Month - Kathy Wigginton, Recreation Supervisor.
A proclamation will be presented by Mayor Horton.
CONSENT CALENDAR
(Items 2 through 8)
The staff recommendations regarding the following items listed under the Consent
Calendar will be enacted by the Council by one motion, without discussion, unless
a Councilmember, a member of the public, or City staff requests that the 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) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
2. WRITTEN COMMUNICATIONS
A Letter from the City Attorney stating that to the best of his knowledge ITom
observance of actions taken in Closed Session on December 14,1999, there were
no actions which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
B. Letter of resignation from Anthony Ciotti, Sr., member of the Mobilehome Rent
Review Commission.
Staff recommendation: The resignation be accepted with regret and the City
Clerk be directed to post immediately according to the Maddy Act in the Office of
the City Clerk and the public library.
3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING SECTION 2.31.040.B.3 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO THE APPOINTMENT OF EX-OFFICIO MEMBERS OF THE
MOBILEHOME RENT REVIEW COMMISSION
Page 1- Council Agenda 01/04/2000
On April 21, 1992, Ordinance 2502, amending Chapter 2.31 of the Chula Vista
Municipal Code relating to the Mobile Home Rent Review Commission, was approved
making certain technical changes and corrections. At such time, Council voted to retain
the Ex-Officio memberships, with one member a resident and one member a park owner.
However, the codified version does not reflect what Council approved. Staff is
recommending an amendment to Section 2.31.040.B.3 to allow Council to appoint one
Ex-Officio member who shall be a tenant of a mobilehome park and one Ex-Officio
member who shall be an owner of a mobilehome park in order to correct Chapter 2.31 of
the Municipal Code.
Staff recommendation: Council place the ordinance on second reading for adoption.
(Director of Community Development)
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING THE SUMMARY VACATION OF A 12-FOOT PUBLIC DRAINAGE
EASEMENT WITHIN ASSESSOR'S PARCEL NO. 622-111-12 AT 2620 MAIN
STREET
A request has been received to vacate a 12-foot public drainage easement within the
property located at 2620 Main Street, and owned by Louis Fernandez. In accordance
with Chapter 4, Section 8330 of the State Streets and Highways Code, this type of
vacation may be performed summarily through adoption of a resolution ordering said
summary vacation.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING FINAL "B" MAPS FOR CHULA VISTA TRACT 96-04, OTAY RANCH
SPA ONE, VILLAGE 5, UNITS 3, 5 AND 6 (pORTIONS OF NEIGHBORHOODS
R-35, R-36 AND R-38), ACCEPTING ON BEHALF OF THE CITY OF CHULA
VISTA THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND
ACCESS EASEMENTS ON SAID MAPS WITHIN SAID SUBDIVISION, AND
APPROVING THREE "B" MAP SUBDIVISION IMPROVEMENT AGREEMENTS,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS
On April 20, 1999, Council approved the "Agreement for Financing and Construction of
Olympic Parkway and Related Roadway Improvements." The approval of subject Final
Maps is consistent with the cumulative equivalent dwelling unit threshold established by
said agreement.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
Page 2 - Council Agenda 01/0412000
6A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A FINAL MAP FOR CHULA VISTA TRACT 98-04, McMILLIN OT A Y
RANCH SPA ONE, PHASE 3, UNIT 1 (R-41), ACCEPTING ON BEHALF OF THE
CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN
SAID SUBDIVISION, ACCEPTING ON BEHALF OF THE PUBLIC SIERRA VERDE
ROAD, CORRAL VIEW AVENUE, VALLEY BEND STREET, MISTY RIDGE
PLACE, AND RANCHETTE PLACE, ACKNOWLEDGING ON BEHALF OF THE
CITY OF CHULA VISTA THE IRREVOCABLE OFFER OF DEDICATION OF FEE
INTEREST IN LOT A FOR OPEN SPACE AND OTHER PUBLIC PURPOSES, ALL
AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR TRACT 98-04, McMILLIN OTAY RANCH SPA ONE, PHASE 3, UNIT 1 (R-41)
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A FINAL MAP FOR CHULA VISTA TRACT 98-04, McMILLIN OTAY
RANCH SPA ONE, PHASE 3, UNIT 2 (R-42), ACCEPTING ON BEHALF OF THE
CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN
SAID SUBDIVISION, ACCEPTING ON BEHALF OF THE PUBLIC SIERRA VERDE
ROAD, FALCON PEAK STREET, DEER PEAK COURT, AND RIDGE ROCK
COURT, ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA THE
IRREVOCABLE OFFERS OF DEDICATION OF FEE INTERESTS IN LOT A FOR
OPEN SPACE AND OTHER PUBLIC PURPOSES, ALL AS SHOWN ON SAID MAP
WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR TRACT NO. 98-04, McMILLIN OTAY RANCH SPA ONE, PHASE 3, UNIT 2
(R-42) AND AUTHORIZING THE MAYOR TO EXECUTE SAME
The approval of the Final Maps, Subdivision Improvement Agreements, and
Supplemental Subdivision Improvement Agreements will be considered for McMillin
Otay Ranch SPA One, Phase 3, Unit I (R-41). Said map contains 92 single-family lots,
public streets, and one private open space lot to be maintained by a Homeowners
Association.
Staff recommendation: Council adopt the resolutions.
Page 3 - Council Agenda 01/04/2000
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA,
McMILLIN OTAY RANCH, LLC, AND MOONEY & ASSOCIATES, FOR
PREPARATION OF CEQA-REQUIRED ENVIRONMENTAL DOCUMENTS FOR
THE OTAY RANCH VILLAGES 6, 7, FREEWAY COMMERCIAL, AND EASTERN
URBAN CENTER IN PLANNING AREA 12 SPAs, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The City's General Development Plan requires the preparation of environmental
documents in conjunction with the Otay Ranch Villages 6, 7, FC, and EUC in Planning
Area 12 SPAs. Adoption of the resolution will approve the proposed contract with
Mooney & Associates for $112,130 to provide consultant services for the preparation of
the CEQA-required environmental documents.
Staff recommendation: Council adopt the resolution
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
EXTENDING THE RETENTION AGREEMENT WITH PEGGY McCARBERG, ESQ.
FOR LEGAL SERVICES TO BE PERFORMED UNDER THE SUPERVISION OF
THE CITY ATTORNEY FOR THE REMAINDER OF THE FISCAL YEAR
For the past five years, Ms. McCarberg has assisted the Office of the City Attorney on an
hourly basis in the preparation of numerous development agreements, planning and
engineering documents, and other assorted legal documents. Due to the volume of work
accomplished this year, her compensation will soon exceed $50,000; therefore, the hourly
retention agreement needs to be extended for the remainder of the year. Ms. McCarberg
charges either $87.50 or $110 per hour, depending on the nature of the assignment. She
normally performs 25-30 hours of legal services per week, depending upon the needs of
the City.
Staff recommendation: Council adopt the resolution
ORAL COMMUNICA nONS
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial
discussions and deliberations by the Council, staff, or members of the public. The
items will be considered individually by the Council, and staff recommendations
may, in certain cases, be presented in the alternative. ff 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.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT TO DBX, INc. FOR THE FY
98/99 TRAFFIC SIGNAL LOOP DETECTOR REPLACEMENT (CIP NO. TF260)
Page 4 - Council Agenda 01104/2000
On November 24, 1999, the Director of Public Works received sealed bids ITom five
electrical contractors for the implementation of the FY 98/99 Traffic Signal Detector
Loop Replacement program at various locations. The project was approved and funded
in the City's 98/99 Capital Improvement Program and addressed various signalized
intersections experiencing some degradation due to malfunctioning vehicle detectors.
This is an on-going maintenance project which is evaluated each fiscal year.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
10. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
11. MAYOR'S REPORTS
A. Ratification of appointment to the Growth Management Oversight Commission -
Arthur M. Garcia.
12. COUNCIL COMMENTS
ADJOURNMENT to a Closed Session and thence to the Regular Meeting of January 11,
2000, at 6:00 p.m. in the Council Chambers.
*** A Joint Meeting of the Redevelopment Agency, City Council and Housing Authority will
be held immediately following the City Council Meeting. ***
Page 5 - Council Agenda 01/0412000
Tuesday, January 4, 2000 Council Chambers
4:00 p.m. Puhlic Services Building
(immediately following the City Council Meeting)
CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City
Attorney, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are permitted by law to be the
subject of a closed session discussion, and which the Council is advised should be discussed in
closed session to best protect the interests of the City. The Council is required by law to return to
open session, issue any reports of final action taken in closed session, and the votes taken.
However, due to the typical length of time taken up by closed sessions, the videotaping will be
terminated at this point in order to sUl'e costs so that the Council's return from closed session,
reports offinal action taken, and adjournment will not be videotaped Nevertheless, the report of
final action taken will be recorded in the minutes which will be available in the City Clerk's
Office.
1. CONFERENCE WITH LABOR NEGOTIA TOR PURSUANT TO GOVERNMENT
CODE SECTION 54957,6
City Negotiator: City Manager
Employee organizations: Chula Vista Employees Association, Chula Vista Mid-
Managers Association, Western Council of Engineers, Chula Vista Police Officers
Association, and Local 2180 International Association of Fire Fighters AFL-CIO.
-~~...._.~-~---~--_..._--
CllY OF
CHUIA VISTA
MEMORANDUM
December 23,1999
To: The Honorable Mayor and City CO¡:
From: David D. Rowlands, Jr., City Man r
Subject: Council meeting of January 4, 2000
This will transmit the agenda and related materials for the regular City Council meeting
of Tuesday, January 4, 2000. Comments regarding the Written Communications are as
follows:
2a. This is a letter from the City Attorney stating that to the best of his knowledge
from observance of actions taken in Closed Session on December 14, 1999,
there were no actions taken which are required under the Brown Act to be
reported.
IT IS RECOMMENDED THAT THIS lETTER BE RECEIVED AND FilED.
2b. IT IS RECOMMENDED THAT ANTHONY CIOTTI'S RESIGNATION FROM THE
MOBllEHOME RENT REVIEW COMMISSION BE ACCEPTED WITH REGRET
AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING
TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY.
DDR:mab
~~~
-.-
F~= ~~
~.='- --
CllY OF
CHUIA VISfA
OFFICE OF THE CITY ATTORNEY
Date: December 16, 1999
To: The Honorable Mayor and City council
From: John M. Kaheny, city AttorneY54'1~
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 12/14/99
The City Council of the City of Chula Vista met in Closed Session
on 12/14/99 to discuss:
. CONFERENCE WITH LEGAL COUNSEL REGARDING:
Significant exposure to litigation pursuant to Government Code
Section 54956.9(b)
One Case
. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
City Negotiator: City Manager
Employee organizations: Chula Vista Employees Association,
Chula vista Mid-Managers Association, Western Council of
Engineers, Chula Vista Police Officers Association, and Local
2180 International Association of Fire Fighters AFL-CIO
The Redevelopment Agency of the City of Chula Vista met in Closed
Session on 12/14/99 to discuss:
. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.8:
Property: Agency-owned parcels at the north-
west corner of Third Avenue and H
Street
Negotiating Parties: Redevelopment Agency (Chris
Salomone) and Chrismatt Corporation,
a California Corporation, dba pieri
Company (James V. Pieri)
Under Negotiation: Price and terms for disposition/
acquisition
;)-ft
276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910' (619) 691-5037' FAX (619) 409-5823
"""C"'"~'"'~""-'
- .-------..----------
-;;; (¿,
RECEIVED
December 9,1999 ŒC 13 roO:\1
To: City Clerk '99
City of Chula Vista
276 fourth Ave. em OF CHULA VIS 'I}
Chura Vista, CA., 91910 em CLERK'S OFFIC!'
From: Anthony Ciotti Sr.
1338 Santa Cruz Ct.
Chula Vista, CA., 91910
Effective this date, December 9, 1999, I hereby resign from the Mobllehome
Rent Review Commission.
2.~rL
ORDINANCE ~
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENþlNG
SECTION 2.31.040 B. 3 OF THE CHULA VISTAMUN!CIPAL
CODE RELATING TO THE APPOINTMENT OF. ,EX-OFFICIO
MEMBERS OF THE MOBILEHOME RENT REVIEW
COMMISSION
The City Council of the City ofChula Vista does ordain as follows:
That Section 2.31.040 B. 3 is hereby amended as follows:
3. General Ex-Officio Members.
The city council, or its designee, may appoint not greater than three (3) additional ex-officio
members of the commission, who shall not be required to be qualified elector(s) of the city, but any
such appointed ex-officio member, shall have, throughout their term, hO ;"t",.",.t ,.. ",;th(.! A 1('10"..[ ;'"
VI All o...n",. u. íhAhAg"'l of, A IIIvb;khoLlI'" 1""1., ""d ...1\0 shall 1.".(. no vote ("General Ex-Officio
Member"). The Council shall IIPPoint one ex-officio member who shall be a tenant of a mobilehome
park within the City at the time of appointment and throughout the member's term The Council
shall also IIPpoint one ex-officio member who shall be an owner of a mobilehome park within the City
at the time of IIPpointment and throughout the member' s term
Presented by: Approved as to form by:
~~ G Q9J Wj~ (ÇØ&~
Chris Salomone
John M. Kaheny
Director of Community Development City Attorney
ATTACHMENT "A"
,5
COUNCIL AGENDA STATEMENT
Item
Meeting Date 1/4/00
ITEM TITLE: Resolution Ordering the Summary Vacation of a 12-foot
public drainage easement within Assessors Parcel No. 622-111-12 at 2620
Main street
SUBMITTED BY: Director of Public Works tV
C' M (OtL-
REVIEWED BY: Ity anager !«' Ì)~ (4/5ths Vote: Yes_NoX)
A request has been received to vacate a 12-foot public drainage easement within the property
located at 2620 Main Street, owned by Louis Fernandez (see Exhibit "A").
In accordance with Chapter 4, Section 8335 of the California Streets and Highways Code, this
type of vacation may be performed summarily through adoption of a resolution ordering said
summary vacation.
RECOMMENDATION: That Council adopt a resolution ordering the summary vacation of
the 12-foot public drainage easement within Assessors Parcel No. 622-111-12 at 2620 Main street.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
On August 11, 1999, Mr. Louis Fernandez, owner of property at 2620 Main Street, submitted an
application to the City to vacate the 12-foot public drainage easement within his property (see
Exhibit "A").
The 12-foot drainage easement was granted to the County of San Diego on April 27, 1965 as File
No. 74547 of official records and was subsequently relinquished to the City after annexation of
the Montgomery area. The easement is no longer needed for drainage purposes that it was
intended for because the City has completed a Capital Improvement Project in the area which
included drainage improvements along both Main and Silvas Streets. These drainage
improvements replaced the old drainage system on Mr. Fernandez's property which consisted of
an earthen swale within the subject drainage easement.
If-I
Page 2, Item
Meeting Date 1/4/00
Chapter 4, Section 8333(c) of the California Streets and Highways Code states that an easement
may be summarily vacated if the easement has been superseded by relocation and there are no
other public facilities located within that easement. In this case the easement has been superseded
by relocation and there are no other public facilities within the easement.
All utility companies as well as the Planning and Building Division have been notified of this
vacation proposal and have no objection.
Upon vacation of the 12-foot public drainage easement the full use of the land will revert back to
the current owner since this easement was granted for drainage purposes only.
FISCAL IMPACT: The costs related to the processing of this request for vacation are being paid
for by a deposit of monies by the applicant under the City's Full Cost Recovery System.
Attachments: Exhibit" A" - Plat showing the vacation
H: IHOMEIENGINEERIAGENDA IPV 074A. BFS
4-~ ;)-
1
I
~ 2S' EAST LINE OF
~ I ~~
1 :r NE1I4, NW1I4,
~ SEC22 ALSO
E'LYROW
¡ ,~-~
~ W\
~I 'PM
m\ 4310
'SU1IJECTVACATION .
EX. l2'DRAJNAGE EASEMENT §1.
PER FiP NO 74547 JŒc. 4/27/1965 ~\
\ I ~
~ 3r:i I !
-:0 - ¡
~ ,- N!Rïrl/SDUTH ~
"" ŒNiER S3:22 ..,
,
140'C:j : 31.nn.: I
I '
. . ¡et ~ I
. U~ ~
J ~:qøiJ8: ~ 1, !
""".57 _I !. 51 ¡
MAIN I N5'û3"ZÕW ~
S'LY UHf -T--i ~ 'so;]:! 1- -
ND/4, 1(f¡1/4
OF" St.C 22-
SE COR Of 1HE .
NE1/4; tlW1/4
sa: 22-
EXHIBIT" A"
DRAINAGE EASEMENT VACATION
@ 2620 MAIN STREET
4-3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF A
12-FOOT PUBLIC DRAINAGE EASEMENT WITHIN
ASSESSORS PARCEL NO. 622-111-12 AT 2620 MAIN
STREET
WHEREAS, Mr. Louis Fernandez, owner of property at 2620
Main Street, submitted an application to the City to vacate the 12-
foot public drainage easement within Assessors Parcel No. 622-111-
12 at 2620 Main Street; and
WHEREAS, the easement is no longer needed for drainage
purposes that it was intended for because the city has completed a
Capital Improvement Project in the area which included drainage
improvements along both Main and Silvas Streets; and
WHEREAS, the original easement has been superseded and
there are no other public facilities within the easement; and
WHEREAS, in accordance with Chapter 4, Section 8335 of
the California Streets and Highways Code, this type of vacation may
be performed summarily through adoption of a resolution ordering
said summary vacation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula Vista does hereby summarily vacate a 12-foot
public drainage easement within Assessors parcel No. 622-111-12 at
2620 Main Street, as shown on Exhibit "A", attached hereto and
incorporated herein as if set forth in full.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to record this Resolution of Vacation in the office of the
San Diego County Recorder.
Presented by Approved as to form by
~Cf)1\(~
John P. Lippitt, Director of John Kaheny, Ci~
Public Works Attorney
H, \home\attorney\rs\vacate. eas
L/--Lt
- ------~~--
COUNCIL AGENDA STATEMENT
Page 1, Item
Meeting Date 1/4/00
ITEM TITLE: Resolution Approving Final "B" Maps for
Chula Vista Tract No. 96-04, Otay Ranch SPA One, Village
5, Units 3,5 and 6 (Portions of Neighborhoods R-35, R-36
and R-38), Accepting on Behalf of the City of Chula Vista
the Assignable and Irrevocable General Utility and Access
Easements on Said Maps within Said Subdivision, and
Approving three "B" Map Subdivision Improvement
Agreements and authorizing the Mayor to Execute Said
Agreements.
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager Gþ; oíl (4/Sths Vote: Yes_NoX)
Tonight, Council will consider the approval of the Final "B" Maps for Units 3, 5 and 6 of Otay
Ranch Village 5 (CVT 96-04) and associated agreements. On April 20, 1999, Council approved
the" Agreement for Financing and Construction of Olympic Parkway and Related Roadway
Improvements." The approval of subject Final Maps is consistent with the cumulative equivalent
dwelling unit threshold established by said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council approves the Resolution approving the Final "B" Maps
and the "B" Map Subdivision Improvement Agreements.
DISCUSSION:
On November 19, 1996, by Resolution No. 18398, Council approved the tentative map for Otay
Ranch, Village 1 and a portion of Village 5 (CVT 96-04). One of the conditions ofthe tentative
map required filing of an "A" map creating "superblock" lots prior to approval of any map
creating individual residential lots. On August 4, 1998, by Resolution Nos. 19124 and 19125,
Council approved the first Otay Ranch Village Five "A" Map and associated Supplemental
Subdivision Improvement Agreement ("A" Map SSIA). The Final "A" Map created the
"superblock" lots corresponding to Units 1-12 (Neighborhoods R-34, R-35, R-36, R-37, and R-38
of the Tentative Map). The "A" Map SSIA satisfied several conditions of approval of the tentative
map.
Final Maps and Subdivision Improvement Ae:reements
The land to be subdivided by the final maps for Units 3, 5 and 6 of Otay Ranch Village 5 is
generally located south ofOtay Lakes Road across from the Telegraph Canyon Estates subdivision
and west of Eastlake Greens and the proposed SR-125 route. The final map for each unit consists
of the following:
5-1
^^ --^---~----_.^^ -^-------~ -- ^-
Page 2, Item -
Meeting Date 1/4/00
Unit 3 19 0
Unit 5 15 0
Unit 6 23 0
Units 3, 5 and 6 of Otay Ranch Village 5 contain a total of 57 single family lots (9.097 acres),
8 private street lots (2.515 acres) and 12 private open space lots (1.329 acres) totaling 12.941
acres. The private lots, private open space lots and the private streets will all be maintained by
a Homeowner's Association. A plat and location map of the subdivisions are attached herewith
as Attachment A.
The final maps for the three subdivisions have been reviewed by the Departments of Public Works
and Planning and Building and have been found to be in substantial conformance with the
approved Tentative Map. Approval of the maps and associated subdivision improvement
agreements constitutes acceptance by the City of all assignable and irrevocable general access and
utility easements.
The developer has also executed Subdivision Improvement Agreements for each ofthe three maps
and has provided bonds to guarantee construction of the required onsite public improvements and
to guarantee the subdivision monumentation. The Subdivision Improvement Agreements and
bonds are on file in the office of the City Clerk. The construction and bonding of all off-site
street improvements required to serve Units 3, 5 and 6 have been addressed in the Olympic
Parkway Agreement.
Final Map Conditions/Supplemental Subdivision Improvement
The fees and/or cash deposits which are specific to the "B" maps have been collected in
satisfaction of the various Tentative Map conditions of approval. A "B" Map Supplemental
Subdivision Improvement Agreement was previously executed by the Developer encompassing
units 2 through 12 on 8131199 by Resolution No. 19592 which satisfied several conditions. All
other conditions of approval have been met.
5-?-
Page 3, Item -
Meeting Date 1/4/00
Miscellaneous
The Minutes of the 11/19/96 and 8/4/98 Council meetings and the Developer's disclosure
statements are attached as Attachments B and C, respectively.
FISCAL IMPACT: None. All costs associated with the proposed "B" Map and related
agreements are recovered in accordance with the Development Agreement for the Otay Ranch
Company.
Attachments:
Attachment A: Plat - Chula Vista Tract 96-04, Otay Ranch SPA One, Village 5, Units 3, 5 and 6.
Attachment B: Minutes of 11/19/96 and 8/4/98 Council meetings
Attachment C: Developer's Disclosure Statement
Attachment 0: Tentative Map Conditions of Approval
Attachment E: Final Map Approval Dates (Tally of EDU's)
TME H:\HOMElENGINEERIAGENDAIORV5356.WPD
December 14. 1999 (1:46PM)
File No. 0600-80-0RI20F. 122F and 126F
5-3
,}1~Ei~\;A - Ske~"1
LDT 'A J
PVT.D.S
LOT " C '
" PVT.O.S
,r.'
"-~"--
I
~r:":~;i A- Sk~-t 2-
i
,
!
MOUNT
LANGLEY
DRIVE
'~
ö=
;i~,?~~.f(MCCLO(jjj,;;
'::::>
~"
a.:
~ PARK
<:
~
5-5
E.¥.~b:f A- s~c~+3 I
~L
gs, . PINON HILL
. S
LOT 'A'
PVT. 0.$.
LOT 'E'
PVT. 0.5. ('
I
!
,:~J.
SCAlE: 1~= 150'
... " ,
,.' ",.'.',.
OT AY RMeH
VII!.~GE'ff)
5-tp UNIT NO.8
L~of:t°'M. - - - - -. -. ...
',. ,...---
ASS TES (110)"'-'-_"""'-
.'..-'--.-"..' _u,... oM"""""""""""
,") - ... ~~+,\ß
"Minutes ' EXtl{1
November 19, 1996
Page 4 --..-
competitiveoess~ because it is IiOIIIe!imes not eoough to DlllÎDIaÏn !be tale jf everyboc!ye1se lowe.s a.em. - There is
â risk of1osing ÞusineSses - òecausêit suddealy becomes c:'beapec tomóvnexÚloår. t -' , -";;,¡.::"o.5', ,tf1" ';',:i
"_~,-:,,'"_:"-':;:c.,:,,'-_:_' """'- !.,"i,""!"'" >,
Co""", 1""",,~- RiDdÓoe st&ted ~ the bUsiness liCeos..:is mai_;~, J1Ú&edor ,lowered, -!be 1:IUTCIlt scenario
limits the Coìmci1 in.realistic optiOllS. He requested bringiDg back1be master fee scbedu1o for 1998 tò reflect the
proposed J1IIe$ of 1992, -Which is the fust year it'w... abated. He tequeSIed staff Dot:œ1y Cònsider'tIÎe a1Íatement
Dext year, but to CODSÎder revamping &0 jf !here is an adjustmeot.and a sigaificant business up-tom, there is an
option for Council to reflect it in a modest tale adjustment.
-"';'-,-..:.c""""",:, ,,;.:,,;,>- -.'0,' :". ""_:';;-!\-;¡: -,;Cê',_'-:::-'Y"'..,r",l
RESOLÌJTI<m:18s01 OFFERED BY COUNCII..ME:l\IB.ERRlNDONE;reálliDg of,the tèrt ~~ed;tï~e
~~ ~,::~roVed7,n~o;J'i;',:;,~:-::' ~ .+":,:;:- .' ""~~'êV~::'~~"""';'~~,r,~!'
10. -]'IJBLIC'ßEARING ZAV-.96-12;AI'PEÅL nOMl'LANNlNG'COMMISSION;DENIÂL OF A
REQUEST FOR' A VARIANCE TO ,:lNCREASETBE1IEIGHT; OF A ROOÉroP 'SIGN FROM 3S FEET
TO 42 FEET FOR 'THE COMMERCIAL BU1Í.D:lNGLOCAn:D-ÅT'396'~'E'!,'STIŒET':lNTIŒ'C:T
THOROUGHFARE' COMMERCIAL ZONE - MARTINAL'I:BAUM--This ñrãn 1Íppea1 ~'t¡¡el'l~g
Commission 'sdenial of a request fora variance to a1Iõ"; the' cxÍnstruction of a rooftop sign to 42 feet 'in height for
the commercial building located at.396 'E~ Street, withiD1be C- T 'l'horougb1iae Commercial zôíie:' Th¡"C-T:%oDe
limits the height of rooftop signs to 35feetabOveØ. At the reouest,of the aunliamt. stafTrecommends that
the DubIic heariD!!' be CODtiDUed to the meenD!!' ofUnO/96. (Director ofPIamñng)
, , "
MSC (HortonlAlevy) to cotÍtinue to the meeting of rinO/96,2pProVed 4-0-0-1 'with RiDdODè :3bstainiog; --...,
, ," " '
1l.A. RESOUmON 18416 APPROVlNG A RESOURCE CONVEYANCE AGREEMENT FOR 'THE
OTAY RANCH SPA ONE, TRACT 9IHI4 - (This is 8 related item. but does not reouire 8 tJublic beariruO
.;:',~;.,.,;,..-."..'r:-,"'.';;'b""", ',:;',;,:D-'.\",!¡'-~"',U;,,<-,..Q:;';i""';¿f.iJ1:c(;:'
B. RESOLUl'JON 18417 APPROVlNG AN INDEMNIFICATION AGREEMENT WITH VILLAGE
DEVELOPMENT FOR TRACT 9IHI4 - !This is 8 related item. but does notreouire ~ Dublic. beariD!!') ,
".'; - '. _.; ~.....,;,- "'~"';";";'¡~~;""-~~" "",. c:'.r:.'.-., :',þ v~"'J:""fF""(:; .f¿'1'.'{~""j;,.'\"
¿'PÎJBLJCHEAlUNG PCS.96:04:CO~ERATION:OF A REVISED TENTATIVÈSÙBDIVISIONMAP
FOR TBEOTAYRANCBSPAONE, TRACT 91H14GENERALLYLOCATED SOUTH OF TELEGRAPH
CANYON ROA1iBETWEEN PASEO, RANCHERO'AND:'THE, FUTURE SR-U5"ALIGNMENT" AND
EXCLUDING2&IIACRES IN ASSESSORPARCELNUMBER(~ (;42:.Ð6O..UAND APORTION'OF APN'
642-080- n ~ ,Ad9Pt' a ~d !1~to:FEIR: ~ ì 2Dð:reœrti1ÿ FEIR 9S-Oì~ the First AdÍÌèIldlÙii iói fhi¡c,
Otay Ranch SPA'Ône and Tè,;¡tâtïve subdîVisïòn Mäp for vma'ge One and Phase l~A of Village F~e,of.the PlaY.
~,~ APne;.~Y:uíagl3Ct~;Wî.~~:'th~'~gÍI'~"'1?i&:t € thê~~~ciW#>¥:
iri.thè ' diaft; re.oluti ~7Sta1f iecõmìíiêDiIs ^1ippíovaIof tIìe~lutiÒDs. "', (OtayRàtích Ma:iÎãgér yO:: CónÔDÕèd :rrOìn',
~"i~~~" ~i'-J~~1j~,f-#~i'.\'hJ,~~:¿~;1~~~~.~1;T~:~1D~~~:::;~::i;r,:;~{ : , (
'* D~; RËSÔLUTIÕÑ 18398- AriOPnNG 'THE' SECONDADDENDbMJTOAND cÊRTI:rnNd; FINAL
ENVIRONMENTAL IMPACT REPORT ÆIR 95-01 (SCB #95021012) AND FIRST_ADDENDUM
READOPI'ING" THEiST ATEMENT ,{)F'OVERRlD:lNG' CONSIDERATIONS"AND" 'THE' MITIGATION
MONlTORING:;AND~REPORTING : PROGRAM. FOR "THE~FEIREAND~ÅPPROVING:'A'eREVISED'
TENTATIVE SDBDIVISIO~;MAP.FOR PORTIONSOF-'TBE-OTAY RÁNCIiisPA'ONE;, cm:ìi.A'VISTA ,
TRACT 96-0;4, ' , AND .. MAKING" 'THE, NECESSARY,; FINDINGS;A.Ñ'Jj coNÌ'1NUING' -AL 'Ì'E1Ú~'A TIv:E
- TENTATIVE MAP PROPOSALS ' ,-'
Jerry Jamriska, Otay Ranch Special Projects Manager; gave a presentatioù regaromg thë oìaj Ran~h deveÎopment.
Councilmember Rindone asked Why was Section?; I of the agreemeoi 'changed to reflect the B Map level, as it was
Dot recommeoded, for any other developer. - 5 - '7 ' ,
--.., ---.. \ Minuœ,.
November 19, 1996
Page 3
7. RESOLUTION 18499 APPROPRIATING $5,000 FROM UNANTICIPATED REVENUES FOR
PURCHASE OF A COMPUTER AND RELATED EQUIPMENT TO BE REIMBURSED TO THE
GENERAL FUND ,FROM THE SAN DIEGO REGIONAL AUTO THEFT TASK FORCE (RATI') - As
compeosation for the additional vthicle theft aDd reClJvery information entered by participating agencies for the
RATI Computerized Vthic1e Data Model, RATI' will i-eimbuiSe -each member agenèy mvolved with the project
up 10 $5,000 for computm' hardwm'e, software andrelatcd tn.iIüng~ Staff recommends approval of the resolution.
(Chief of Police) 415th'5 vote reqWred.., - - " - -> ' , - -
'""
-."
8. RESOLUTION 18500 AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE
COUNTY OF SAN DIEGO FOR IŒCEIl'T OF FINANCIAL ASSISTANCE IN THE-AMOUNT OF $6,500
TO SUPPORT THE DESIGNATION OF CHULA VISa HARBOR AS THE SOUTHERN HOME PORT
OF THE TALL SHIP CALIFORNIAN - The City's agreement with the Nautical Heritage Society to designate
ChuIa VISta Harbor as the soutbem home port of the, tall ship Californian requires that the City make a $27,665
grant in fiscal year 1996/97tóthesbip'sorgániiàtiåD.t :rn<cimsiðeratiiJÍ1-oftbð va1iiiòf:ílÏeès1üP:aSã shared
community asset, the County1lasaDocated$6;5oo4Ji"i~;¿;:..~,ì,;.ilyBÌìlùméemènt Funds to SuPPort tbisseìvi~
Staff recommends approvaI of the resolutíoíif .(Public ~Ón cOOrdinåtoi'j' (TIñs fum was pulÍedby Gary
Cooper, who left the meeting priOr to diSaiSSingthisitèói.) . .',. '. ,..
-- ""':":"', ",-, ':'~, ,
. John Willitt, 97 Montebello Street, commodcm of the T.d1 Ship sOciety, indicated that his ~~ consists
of volunteers, and they were requesting an open h~.[rr~~ <àys;?fthe wOek.
RESOLUTION 18500 OFFERED BY COUNCILMEMBER RlNDONE, reading of the heading, title read,
ta-t waived, and approved 4-0-1 with PadiQa'absÌ2IÌ.
. . . END OF CONSENT ClLENDAR . . .
. $.," ,- : .-,',,-, ~ ,-:"..-.
-",-"!'}-"";- _ie,S _.L-,l-,L".~,-~i~.?.~..';;-' --
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES.
":::¡i :;,:';.-;! - .-,,' J,-- j"~""-'
-", ,- ;'1;' ",", -:~:'" '::..:J:::;- -
9. PUBLIC HEARING ëÕÑSIDERING ABATING.THE CALENDAR YEAR 1997 BUSINESS UCENSE
TAX RATES TO RETAIN THEM AT THE CURRENT CALENDAR YEAR 1996 LEVELS:' The Business
License Tax ordinance is structured so that the businêsS license tax :rates increase annUally unless CouÍ,,:iÙJÙ<:es
actiOn to abate them eacli year.' Since 1991, taX. rates hàve remained tht siune dUt to annUal abaremèiitS. Since the
tax raœs hàv~ not been ñÌcreased,.1he tax"s WOuld more than double for the vast majority of businesSes on 1/1/97
unleSs abated:f" a lower leve4 Staff recI>IIÎÍÍIœ!ls,~?f the resolutioÍL- (Direc¥ of FuuiDcek
,.- ,--,--.,-- ':;:i'<',.i,':"""': ;;C~;:ì"_"':¡"~'"--" "" '-':- --
RESOLUTION 18501; ABA~G TBE:~'PSINESS UCENSETAXltATESFOR-cALENDAR YEAR 1997. ,
HOLDINGCALENDAR,YEAR1997.TAXRATES AT, THE CURRENT CAIENDAR YEAR 1996LEVELS;~
WITHmÈXCEPTÌoN O¡iNEW BuSINESSES SUBJECT TO THE FIRS!' YEAR $25T AX RATE, WHO
DO NOT APPLY FOR A BUSINESS UCENSE WlTHIN 30 DAYS OF BUSINESS COMMENCEMENT,
FOR WHIæ,THE TAX WILL BE ABATED TO $50-', - .-.-
".. . - '-I ,( - ,--- , ' -.'
Robert pm..en; Di=tor,of Finance" sWed aCtecJeCCÎving comments from the ChámbCr, staff peIToimed aSUtVey
resulting m. mO1'e ~i~Ìi d~ed <àtL;:The',<àta still shows, with the exception of Small businesSes with no
employees, the City ofch¡l1aX'ISta's,businesslicé..se taxes remain well below the regiÒÎ1's avënígë among cities,
The pro~ resolutión~o';¡d ïeàve the business license taxe. at the CIIlTCDt leVels which 1Iave been, ùì effect since
1991.
This being the time and pl!"'C as advertised, the public bearing was declared open.
. Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chula Vista Chamber of Commerce,
supported the abatemenL The Chamber asks that Council and staff look mto this issue next year in terms of
5-cg
--.., - Minutes
November 19, 1996
Page 5
~
Ann Moore, Acting City Attomey, said that condition of the development agreement was tied to the conditions of
the tentative map approval, such as Condition 108, which wori:s band in band with one anoth.... Bonding is
required when the improvements are triggered by the PFFP.
Mr. lamriska. staled the improvement phasing schedule requiœd ,~ be~mitted ~ identify all ,of the backbone
facilities, and before the City Engineer approves the first fina1 B map, that condition will identify aD the required
backbone facilities, as well as a plan for the financing. The backoone facilities would Dot be triggered by the
conveyance of. those lots to a diff=t property~,:!,{ ~'!hetrigg'" points for the backlx>ne facilities ~ when
the final B map is requested. " "
John Lippitt, Di=tor of Public Worics, gave "'" example of ~, Greens, ,that they came in""¡th an overall
A map for the backbone strécts and some of the bâclcbonè facilitiës.: Thcj, Wérc íequirêd tÒ bondfÕr thoSe, streets
,within ¥i ~ties and were ~~ :ciovJd§~,C;ff~ ~!t'.,~~'.,ï,ñê'£ilJ:w°n1d:œ~ tg:ríÏ¡ht to
withhold building p...mits if thcj -='1 dmie; and it waS tô cODform With OürJcve1 of scrvi"Úñ1inaíice and the
growtb~ ~Ce", 'Íñôìie ~uìdn'tn;n;è;;k'~m;-tìÍŠÜclÎtïmè Û t1Íey w=' ~;p~;:';"h;;'gihoSc
,thres11oIds.,-' """"';.~;:-b,~,~;:.~.:. ,""""
¥aYor Horton didn't believe there was ev... an effort to have the primary land OWDCIS or developen;'Scn JIt a
particular sta~ and.as to what.is currently being proposed, tbcrc was nev... a movement to do that ,with EastJakc
or Rancho .lei RCy,sa it may 1101 äpply:in thisSi~oñ. ~Shè' .;;;.;;;¡ ilie-.;m¡èem'Wu 8&hcssed in1ìì¡'~ ~hen
it talked ab(;ütlhcdiff...entSœgCS; however, it is1~ ';;;~cfu.£ thãï staff incorPoratCd the p;.t;Ìedions that the
facilitics;"'illbebuilt.:,,' " ,,',v~.~~~:~'.' - ,_.. ",' ... "
Ms. Moore said Section 7.1 shifts the bond requirement to the mastec build..., ,that they will be responsible .for aD
,~ the backbonÍ> faciIitiOš tÔ:gardJess of the.:oÍCrchaiii ¡,,;;id~:, 'l'hc:C would bIOi lIumber of~ and côDccruii if we
were ,to ~.mcn:haùt ~dcn;.,om¡"g iIÍ;W¡tb'~projéèištó bûi1dorcOllstruct'm.jor baCkbô'nc hcmtics,
Section 7.1 ¡;ùis it back to the n;~.;r..:¡ buiI&r foJ: thè:ir ŸëSpansibilit,Ý,and it is hëi UndèiStaûding'thåi 'bòDdiD.g for
the'baè1:hOnCÍiociliticSh2S:Ocêwrcd a{the-Am;;¡, stag~Ii this'Casc;'¡t;š~ dôDe-at'the BmapSb.g,(cxcept
fortwoi:Ìuplov~ts_~ã(~}istedinCo11ditiónl0~,::;: ",' "',," " "~'"",',~
Couocilmcmber Moot asked if the merchant builders ;:;;:Wd proVide the bonding or would Vlllage ¡)"-;ë!opmcnt
obtain th,e bonding before,~ City all?,ws a sale .~ the,~ builders.
.. "", ..." , ,>, .. -'~" '
Mr. Jamriska said.there.wCl'C four basi"items that n~ed to be bonded prior to the first phase of the backbone
facilities, and it is anticipated,it will be thè requiicment of the ,m&stc:r buildCIS. All subsequent backbone facilities
will probably fall upon the burden of cith... the master bÚilder andl,o/ the merchant bWjdcrs.
,Couocilmcmber Padilla didn't think there,was a distinction there and,as far as, breaking down what theobligatioÌ1
1eveJ-...oU)d, ~ at ,thè j:uestòuilœ.- I¿"cl., Yòü eïthci hij:é a,complc,tc obligatioü to guarÌmœe 100 pcn:cnt of the
"b.~boné:fàciliti~àt.t1ie'Aimp' Stage or you 1iaV~ 100 -~ lrandèí- or rcliefof thatòbligà!ionto, the sUcCèSsors
:i}nÍ11tércst.',~:",' '", ,;~;,;:"""~:_':~' , -" "",' "
Ms. M~;'; ~d the bond.ing is the safest guaÌ'an~' ÌIì~ citÿ ...;, have, and having the òo~ding ~ the' A map stage
is a more secure position for the City than doing it at later stages. "
Mr. Lippitt said it was staff's opinion as 10Dg asthcrc was a condition in there, they can't do any B maps or any
developmènts because this has to bè resolved, 'Ilis a shift in time, but not a shift in development Staging between
/"Maps A and B. ,," ,. , ' ,
, "L , ,
CouociliIlcm~ 'Rindon~ said if we' change th~'~'~uencc of this and there is so~ 'uestici,t~f respO~l;ility
. that when a ÌÏIêiclJant buildcd comes in and caDDOt afford tba1,the master builder docsn't have the rêspoòsibility.
He did. not hcai'.t1ié assurance that the CitY Í11cre8Sed its protection, because the mércbant bu!1dêrS will Dot have the
resources the mastec buildCIS would have, , ' ",'
5-9
MiDules ~ -
November 19, 1996
Fag. 6
Mayor Horton said it was her understanding from the staff report that it is the sole responsihility of Otay Ranch
Ltd., or its successors in intcrost, to provide or finance the cost of the bacl..i>one facilities required in any final map.
including both A and B maps.
Ms. Moore said it was com:ct and whIIt staff could do to clarify it would be 10 insert specific language in Section
7.1 th3t states they shall provide the bonding.
12. Councilmember Padilla asked whIIt were some of the potential issues if the City allowed the bonding to be at
the B map stage, as opposed to the A map stage.
Ms. Moore said if you require the bonding at the A map stage, you have the bonding up fronL If something were
to happen to the master huilder, we would have the bonding to go after m order to construct the improvements.
If we wait until1atcr stages, even though there is that provision in the agreement that deals with its successors in
mterest, there is always the potential that we might not be able to get the Ìnastcr builder to actually construct the
backbone facilities, and we won't have bonding at that point because it was done at a later stage in developmenL
We would then try to go to the men:hant huilder, which would be difficult to have the merchant builder actually
construct major backbone facilities.
COuncilmember AJevy said in reading the minutes of the Planning Commission, Councilmember-elect Mary Salas
expressed the" specific con=ns that the master builder is forever obligated to do the backbone infr3structure should
they not SUTVÌVe lienholders to become obligated io the backbone infrastructure, etc. and the timing is the issue
we're taJking about, but the reality is that the master builder is required to be able to bond to do that.
Coun~ber Rindone said the requimneD.ts. of funding the backbOOe facilities is a greater risk. In order 10 try -.
to compensate that risk, we've put other safeguards m the agreem<:nL ColDlcil has the responsibility to ens=: that
the backbone facilities are buill, He did not see Why Ìhe old rules were changed, because they worlced well and
provided adequate safeguards.. He said the bottom line is that with the size of the Otay Ranch and the projected
huildout, we don't have the assunmèë from the very fYont that the baèkbõne inñastructures are in place, and it will
set the wrong tone for this developmenL If we had required the bonding at the very beginning as done in the past,
we wouldn't have to come up with all of these conditions.
Ms. Moore said according to the development agreement, if language is added to specifica11y deal with bonding,
it would require Village Development, and its successors in interest, to provide the bonding. There is also a
provision iD the agreement th3t ta1ks about subordination so it requires the lenders to subordinate to the development
agreemenL It is not the same as having the bonding up front, but there is a provision that holds Village
Development to provide the facility and the bond.
CoIDlci1member Padilla said this issue ~ted itself at the request of Village DevelopmenL There is a reason
economica11y why they want to be able to seJl off parcels without making the guarnntees up front on this size of a
SPA or at the A Map stage, but the question is whether" that is what Council wanlS: The question nen; is this was
changed at the request of the applicant, there are reasons for that and the question for ColDlcil is whether or not
when we get to the development agreement and we look at the tentative maps, whether we will be satisfied, and
we have enough Comfort with this level of a ¡:uUan!ee. There. is no question that the manner in which staff is
recommending is less security to the City than if we required the bonds at the A map stage,
. Kim Kilkenny, 11975 E Camino Real, San Diego, CA, representing Village Developments, Stated that City staff
and Village Development staff put a lot of time to ens=: the problems !hat occurred in SL Claino are not
experienced in Otay Ranch. Village Development is seeking to provide security consistent with the PFFP, and !hat
is when a phase of development requires an improvement in order to serve !hat phase, then adequate security has
to be provided. . The development agreement states that ViI1age Development is the entity responsible. As a general
role when you bave a tentative map approved, and !hat's what Village Development is seeking in this hearing, there
is not an obligation in Stale law or Council policy that an applicant follow-up a tentative map approval with an A
map. What is diff=t about this project is through the development agreement came a proposal from staff that
Village Development be required to do an A map on the whole of the SPA, village by village. If you look at the
couditions of approval, they have to be bouded at the twice their estimate, which is $160 million. If Council were
5- / ()
,""" ~ Minutes
November 19, 1996
Page 7
-
to pursue the common pnICtice of allowing Village Developments to do A maps on a 1= area, Village
DeveloPments would be willing to provide the security on the improvements associated with that 1= area. If they
do an A map on ~whole of the village or an A map onthe'whole of the SPA, then thcbondingSCcurlty
requirements becomes bunIensome because the tentative map is SO 1argo;, If you look at the whole of ~elopment
agreement-m œnjUDClion with the tentative map requirements, the City is' assuredtliat facilities Will be òuilt in a
,timely manner. the St. Caire e:xpèrieace will not re-oc:cur, and the cost of the facilities will be equitably shared
amongst aU bcDefiting properties in the project.
.'0> ,'", ,"
Councilmember Rindone asked if staff considered Mr. Kilkenny's suggestion of the A map for a sman portiOn of
the project to ensure the backbone facilities were part of the A map.
Councilmember Moot stated staff's proposal was a better guarantee for the City.
Mr. Lippitt replied it was ~ Staff tried to come 'up with a mechanism thát would meet the developer's needs
and also assure the City's compliances.,,' ,'" ",,- ,'" ..
1ücbard Rosa1er, Senior Planner. continued staff's pr=sentation regarding the OIay lùncih project. , ,
This being the time and place as advertised, the public bearin~ was declared open.
, ,"'" '".
. William Lieberman, 852 Blackwood Road, Clula VlSta, CA, Director of Planning and Operations with the
Metropolitan Transit Development Board, supported the project.' He expressed concerns relating to 'guarded entries
and densities in the villages. '
a 1ück WJ11iams, 3130 Bonita Road, CluJa V Sa, with Point Build"",. spoke on behalf of West Coast Land Fund.,
owner of the 28S-acre, parcel'spanDÌDg Villages 1 and S. West Coast supports staff's recommendation, although
they would like to pe¡haps build the concept to defer any approva1s in Village 5 until the City, West Coast, and
Village ~e1opment have an opportunity to meet and explOIè issues:' .. ' .. '~C ,"'" '
" "H' "", " ',c":' ,,- 'c,
.. Kim~y. representing ,Village Development. supported staff's recommendation'with thè"cxœption of
modifying a portion of the tentative map in Village 5 to encompass all of their ownership in Village 5, with the
excepti~of1wo specific parceIs.' "
,- '
. . . Counålmember Padilla left the dais at 11:11 p.m. . . .
, , ,'",','," , ' '
. Kent Dayden, 11975 El Camino Real, San Diego, CA, representing Village Developments, gave a pr=sentation,
regarding OIay Ranch and referred to the report by Village Development.
" "~""""':" ,1"":'; "', r;",:c:', ,
Mr, Kilk~Y' concluded ,with the issue of theBCOpCofthe tentative map. He indiCÌied Villagè DeVe1opixÍent
supports staff recommendation with the single modification that au; scope of the tentative map should iììcludèvJ!1ägè'
Developmë..iS ~ership in Village 5, except for two parcels that immediately abut West Coast property which is ,
Pan:el R-29 and Paroel P-3. West Coast has previously indicated they would like to flip a school or park onto our
ownership. .,The portion of the property in R-29 and P-3 which should be excluded from the map is approximately
1 0 to~5 acres, an ámple size to flip those kinds of uses, not that they are accepting or advocating that, but at léast '
it provides the possibility.
There being no further speak""', the public hearing was closed.
Co~~ilmember Moot expressed concern of the, practical effects of delaying the bonding until the B map'levë!.' He
.asked what assurances were in place that the backbone infrastroctures would be constructed. '
Mr. Kilkenny answered that the development agreement contains a statement that until released by the City Council,
Village Development is obligated to provide for the backbone infrastructure. The development agreement also
5~ / I
-' \
Minutes
November 19, 1996
Page 8 -
requires the provision of - subordination agreement by the ¡...der on the property in the event they take title to the
property. they are bound by the provisions of the development agreement, including the backbone provision. There
are a coujile of lève1s of ~ in this project. The City of ChuJ- V' JSta.has - very aggressive development
impact fee prognun and each building 1!C'DIÏ~ ~ goes through the process has to pay for those development impact
fees for.- ~hole anay offacilities,and,the:City will constantly have the flow of,rcve:oue to maIœ sure each
individual parcel pays for its fair share of the facilities, What both the devdopment ~ and tentative map
have are requirements that security be in place through bonding, but there are other mechanisms to ensure
completion of the facility in -timely manner.
Councilmember Alevy asked why the project did not include speed bumps, because it was different from the policy
Council enacted in recent months.
Mr. Jamriska explained .the.speed bumps were .not provided in:response 10 requests by the FÜ'e 'Chiehnd Chief of
Police who felt any impediment to the traffic flow wouJd hinder their quick :response.
Councilmember A.1evy asked staff 10 address the impact ofMSCP on - County-wide basis on this particu1arproject,
and what are the impacts of Proposition 218 on this project.
O'
Mr. Lippitt said one impact wouJd be if we had the open space district to maintain the open space around the
village. If there are gated communities, everything private within 1he gated community wouJd be maintained by
the homeowŒrs" association, and it wouJd not be regulated at call by Proposition218. For the portion probaòly
along the slopes of Telegraph Canyon Road and Orange Avenue with issues such as dramage, thosecouJd be and
probably wouJd fall under the provisions of Proposition 218 which means the initial hearing wouJd be set up before ,-
¡>cople moved ~ .If the people had already moved:into the project before the.assessme:nts, 1he.-e would Dave 10 be
a vote. " ,.','. '
Councilmember Moot expressed concern about guarded Communities. He did not favor sta.ff's TecOmmÔDdatiÖn and
doesn't see the big difference whether it has a gate or guard, because the concept is still the same. He could not
see valid. reasons to restrict. any citizen in the City of ChuJa Vista from driving in and "::,,und thisþaÏticúJar area.
. :,..' ,'.' :
CoUIÌcilmember Rindone was concerned that guarded or gated communities sends the Ïnappropriate message of what
this project was originally conceived to be. When you have artificial bamen; and even the insinuation of those
bamers, even if they are guards that are not there during the day, it creates - difference sense of ambiance. We
want to have the presence this is - good community and all parts have good protection and safety, not just those
who can afford to be in the single-family or higher residential facility. He did not favor guarded comm.unities in
~~ c '~
Mayor Horton indicated that gated communities were common, and there were two areas in Rancho del Rey .which
Council .did not oppose., There. are mobile home paIksbehind gates, because it is thenfestyle the¡iàrtiCûlar mobile.
1Í~~'P'U'k:5;~ted. She doesn't think it is exclusive; it is a choice and marlceting toolfor this,pioj,,¥:~""" ' ,
Councilmember Alevy referred to an article 'The Next Eden, , from California Lawver magazine that talked about
the benefits of bavjpg gated communities. Earlier this evening Council spoke at length regarding section 7.1 of the
development agreement and the backbone infrnstructures; and it was clear that Council did not Want 10 create' à.
situation in this development that was not required of other developments. He indicated we need to tuÍntbat around'
with respect to gates, beCause we have allowed gates in other parts of the City. We have private single-family
residence developments with gates in both Eastlake and Rancho Del Rey, and be stated Council shouJd be consistent.
If we are going to hold Rancho del Rey and EastIake to the same requirements on other issues as Village
Development, then we should be consistent and do the same with giving them the opportunity from a marketiDg'
standpoint to aÍlow guarded portions of their development. '" :, ,;
MSC (HortoniAlevy) to allow gate closures from dusk to dawn, failed 2-2-1 with Moot and Rindone opposed
and Padilla absent.,
5- /J.
~ -
Minutes
November 19, 1996
Page 9
~
MSC (AlevylHorton) to allow some faålities guarded from dusk to dawn, approved 3-1-1, with Rindone
opposed and Padilla absent.
RESOLUTIONS 18416, 18417 AND 18398 OFFERED BY COUNCll..MEMBER RINDONE, with the
exception of taJång the issue of the bonding separate which is Item 12, approved 4-0-1 with Padilla absent.
,
13. PUBLIC HEARING ADOPTING OTAY RANCH PRE-ANNEXATION DEVELOPMENT
AGREEMENT WITH VILLAGE DEVELOPMENT - An amendment to the development agreement to further
guarantee infrastructure improvements wh- the developer wants to create parcels for sale prior to finalizing the
final subdivisiOll map, The amendment also addr=es future problems with regard to any debt payment that might
be levied to make public improvements or should development be on1y parûally completed 011 any particular project
due to any stoppage of work especia1ly due to a bankruptcy action. Staff recomme:nds. Council pIaccthe ordinance
011 fust reading. (Deputy City Manager, Planning Director, and Otay RaDchMaDa.ger) " eoñtiìiUed from the
meeting of 11112196.
ORDINANCE 2691- AMENDING OTAY RANCH PJŒ..ANNEXATION DEVELOPMENT AGREEMENT
BETWEEN OTAY RANCH, '. L.P.. Ac. CALIFORNIA, LIMITED., PAR1:NERSHIP.. ",VILLAGE
DEVELOPMENT, A CALIFORNIA GENERAL PARTNERSHIP, AND THE CITY OF CHULA VISTA (!'i,m
readill!!)
ORDINANCE 2691 OFFERED BY COUNCILMEMBER MOOT, including adding the bondinj¡ language to
section .7.1. approved 3-1-1 with Rindone opposed and Padilla absent.
-'
ORAL COMMUNICATIONS
. Bill Brasber, 1755 Old Gillette Avenue, Irvine, CA, representing Baldwin Builders; gave an update with the St.
Claire Crossing development.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS,
- -,"_.C~'"
14, RESOLUTION 18494 DISSOLVING THE COUNCIL APPOINTED INTERIM BECA BOARD - On .
8/12195 ,Council approved an Interim BECA Advisory Board represented by 11 organizationsfmdividuals. ,These
organizationsfmdividuals were recommended 'by staff to provide a mix of public and..priva\C:{entilÍes,who.are
stakeholders in the regional BECA alliance. The Board's contributions include working with staff in the areas of,
coordinating and leveraging regioual resources, enhanced progtam marketing, and providing technical advice" These
functions may be best served by the Board continuing to act in an advisory capacity to the BECA prognun and, staff.
For the purposes of legal clarification, staff is recommending the existing Interim Board, as appointed by Council,
be dissolved and the new Board membership be selected by staff. Staff recommends approval of the resolution,
(Director of Community Development) Continued from the meeting of 11112/96.
Cheryl Dye, Economic Development Manager, said staff recommends Council dissolve the Council-appointed BECA
advisory board, with the understanding that staff would appoint a board.
Councilmember Moot suggested constituting an Ad Hoc Council subcommittee on the BECA board and requested
staff research the issue of an ad hoc subcommittee with Council serving as an ex-officio non-voting member.
5-/3
.~ '"'ì " .-
Minutes \
November 19, 1996
Page 10
-
RESOLUTION 18494 OFFERED BY MAYOR BORTON, reading of the heading, title read, text waived,
passed and approved 4-Ø-l with Padilla absent.
ITEMS PUlLED FROM THE CONSENT CALENDAR
(Items pulled: 5b and 8. The minutes will reflect the published agenda order)
OTHER BUSINESS
a. Scheduling of meetings.
JOM Goss, City Managèr: indicated theie 1Ias been difficulty.in scheduling a common date for ,the priority setting
workshop, and he suggested Council bring their calendars to the next meeting.
16. MAYOR'S REPORT(s)
Mayor Horton requested staff come back at the next meeting with a -report regarding a change on the agenda to
move Oral Communications after the Consent Calendar. This would eliminate people having to wait and listen to
all of the public hearings prior to speaking on issues not on the agenda.
17. COUNCIL COMMENTS
a. Issuance of subpoenas for' public hearings regarding enforceability of Chula Vista's Campaign Ordinance.
8 Councilmember Alevy bad an item agendized relating to the issuance of subpoenas and setting a public hearing
regarding the enforceability of our campaign ordinance.
Ann Moore, Acting City Attorney, recommended that the City Council go into closed session pursuant to
Government Code section 54956.9 under anticipated litigation, because there is a claim filed against the City
alleging this particular ordinanCe is uncoDStitutional.Thec1aim was filed by Dr. Salganick on 10/29/96, so under.
the anticipated litigation provision .,?f the Brown Act she advised Council discuss this item in a closed session.
-, , '.",,;, " ,'... ' .
M (Horton) to go into a closed session for the reasons the Acting City Attorney stated, vote failed 2-2-1 with
AIevy and Rindone opposed and Padilla absent. ..' .
Ms. Moore advised the Chair has the authority to request Council go into a closed session. She suggested going
into a closed session to discuss the item first, and perhaps Council can decide what they want to do at the opened
sessIon.
Mayor Horton requested Council go into a dosed session.
.. .. .. Meeting recessed at U:20 a.m. to a dosed session and reconvened at 1:02 a.m. .. ....
5-/1./
- " "
A+~k M~ 2-Þ Minutes
August 4, 199B
CX~Krt Page 3
Councilmember Salas wanted to know if we could start right now talking about the
extension- of ,the' agreement with, Southwestern College. She felt this was, a
valuable resource for the commun~~y~
David Palmer, Library and Recreation Director, responded that he did not feel
that would be a problem. That was the intent. With the Parks Master Plan being
revised now'. th~t. would al~o be~,,~n=orpo:::ate~; in:-,o this. ,:',' ,
counci~ Rindone stated that ,~o~,the . ,f isc:l , impa-~t ._~,;at~e';t~"~~~a;~' a
better way to phrase it would be ~there is,. n'o"chanae .inthè fi'scal iDipact."
There is a fiscalimpact, but tbere- is no è¡".ngë -in it. - , .. - -
- - - ~.. - - ." -'., , .. " ,
Mayor Horton - agreed' with c;~~~r,s~-;.'s~'.";;~¡~ :..i:.;';~t~~tärÙ;;~~~J.e
negotiations' oñ thE', àênsiôn'o(th;;-joint"use"¡'-;reei'nëñt.':'shè,had', ~'..sti.åns
about the actual- programs bei';g"ófferëd._'Shè~åskèd stiàf{if" they 'had. any idea
.how' many students,are-_involved.,~'and now, do~;they ii,:" abou~advertisiñg:to the
c~unity' that'- th~-'¡ program is. ,,~,:-~able fpr; them.
c- - ~.' , - .. - - - -' - -,
sunný Shy, Assistant Director of Re.:reation, replied' that they adverti..ed through
their brochure- that comes out, about the availability for tennis_= _:Also~ Hr.
Chabbody does a good job of advertising through -the, Star News, and through the
College. On an annual basis, there are over 600 students involved.
-..- ,.-."
,k9.A. RESOLUTION 19124- APPROvING'FINAL ~A"eMAPNÔ. 1 Fóli-c:øuù( ~sTi'TUC£NO.
'&-04, D:U.Y- RANCH. S~A ONE VI~Ec 5, .' RE;'EC7ING ON, BF;BALP' OF"XBE. PUJJ!-IC,-?S:r
P~MAR STREE:r; OLYMPIC ~ARJOiAY,- JIJID :rIlE EASE:MEN:r. FOR_~ JIJID ~IC ~?SES¡
Ac:=ING ON BEHALF OF :rIlE CITY OF CB1JLA VIs:rA:rIIE PUBLIC DRAINAGE EASEMEK:rS JIJID
" . ,... ,', -.' '.' , ,"- -., ", ,..- -',,' ..'
ASSIGNABLE JIJID IRJŒVOCABLE GENEJUIL UTILITY JIJID ACCESS EASEMEN:rS GRAJaED OIl,.,SAID
MAP WI:rJ!IN SAID SUBDIVISION; ACKNOWLEDGING ON BEHALF OF :rIlE PUBLIC :rIlE
IRJŒVOCABLE,OFFERS OF DEDICATION OF FEE INTERES:r OFEAS:r PALOMAR STREET, OLYMPIC
PARKWAY JIJID :rIlE EASEMENT FOR STIIEET AND PUBLIC PURPOSES, LO:r ..~G". FOR,PUBLIC PARX
PURPOSES, LO:r ~H" FOR OPEN SPACE AND LO:r ~I" FOR PUBLIC IMPROVEMEN:rS - On
November 19, 1996, Council approved - a. portion of, the Tenta.tiv""S~J:>di:vision_;Map
for Tract 96-04, Otay Ranch SPA One (Otay Ranch Villages One and a portion of
Village Five, excluding 2BB acres, ,located in a portion of Villages One ancl Five).
On March 25, 1996, council >app£õveda .pòrtion of the Tentative Subdivision Map
96-04 (Otay Ranch Village Five, Neighborhoods 28,29,30,31 and 39). Condition
Number 117 of the resolutions, require, the. developer to submit and obtain City
approval of a master final map'-'{:'A:' .Map)-c"-ó"èr"the portion of thè tentative map
within each Village area showing "super block" lots. All "super block" lots
created are also required to have access to a dedicated public street. Per
staff's recormnendation, the resolutions were approved unanimously 5-0. (Director
of Public Works) - - - _..~ .
H. RESOL11:rION Ì9125 A}"PROVING "A" MAP "SUPPLEMEN:rAL S~DIVISION IMPRO,1IEMEN:r
AGREEMEN:r ,FOR. CBULA VISTA :I'RAFTNuMBER '9&;-04, OTAY RANCH !.PA ONEPOJcrION':OF
VILLAGE 5 JIJID AUTHORIZING.:rIIE MAYOR:r~ EJÇECUTE SAID AGREEMEN:r
10. RESOLUTION 1912& DECLARING THE, INTENT, TO ANNEX PARCEL-NUMBER 639-1&0-32
JIJID :rBE RIGB'X-OF-WAY FOR EAST NAPLES STREET ON TIlE SOUTBERNBOUNDARY TO, OPEN ..
SPACE DISTRICT NuMBER 1B AND SETTING,THE TIME AND PLACE FOR THE PUBLIC HEARING
FOR 6:00 P.M. ON SEPTEMBER 22, 199B - The final parcel map to subdivide Parcel
Number 639-160-32 is currently in process. . The parkway along East Naples Street
5-/5 - -
'-. --
Minutes
August 4, 1998
Page 4
,-
to the south of this parcel, which is part of the right~of-waY,for East Naples
Street, is adjacent to Open space District Number IS' but has not yet been
officially annexed to the District. Per staff's recommendation, the resolution
was approved unanimously 5-0. (Director of Public Works)
11. ' ,
~ CITIZEN PARXICIPA:rION ON:rHE COORS AMPHITBEA:rER EVEN:rS PLAHtUNG
1IJi1) COORDDiA:rION :rAS1C FORCE - The Events Planning a~d Co,orciination Task Force for
the Coors,Amphitheater was formed tode~elop and monitor the Events Management
Plan to insure the smooth operation of'the amphitheater änd minimize negative
impacts on the community. At the time of approval of the amphitheater project,
Council discussed citizen participation and feedback, particularly concerning
impacts to residential developments' bòrderin!1 Brandywine Jiìrenue since'they 'are
the closest residential cÒminunity to' the'amphitheater{â£leas't ÜntÜ' Den'nery
Ranch is completed). Staff proposes 'tõ'facilitate citizen'participation~by
inviting two representatives from these còmmunities to partici~~tein' 'f"i;:;re
meetings of the Events Planning and Coordination' Task' Force.' Per staff's
recommendation, Council accepted the report ,and authorized ~he Mayor,to select
two representatives from the Point Robinhood and BrandYwine' ,=!'ownhOllÍes to
represent the community on the 1:vents Planning and Coordination Task Force. Item
was pulled by Councilmember Rindone. (Director of Community Development)
Councilmember Rindone asked if the City will invite participants from Point
Rob:'-~;O;Od and, B.~andywine Townh~rnes. W~l,l, ~hey,be h~eo~~rs ,or ",~~ters?
, ž'!~d,.1tÍ1ssrDan, R';de';elopment" CoordU;;'t~r, ~ c~~ici.';;,t" s~i. at ~ this ~ p~int. " Its, a
matt~of, being nominated" by the'Mayor.' , He knew' People, who' have been' i!'terested
have been calling~ Be felt it would be best to have someone from the Home Owners
':Assoc,i~t~óri,on the Board.: , ' '"" ,',
"CÒ:úncilmÈÖnber Rindone agreed. If we have an,option and choice of,volunteers,
then ~~ hoped ,~e,: would opt for the homeowners.
MSUC (Rindone!Hòrton) to accept the report., .
* * * END OF CONSENT CALENDAR * *' *'
.... .. ,
"'ORAL COMMUJlICATIONS
There were none.
,
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
12. PUBLIC HEARING TO CONSIDER PLACING DELINQUENT SEWER' CHARGES ON THE
RESPECTIVE PROPERTY TAX BILLS FOR COLLECTION - Council shall consider placing
delinquent sewer charges on the respective property tax bills for collection at
the time set for hearing together with any objections or protests by interested
parties. At the conclusion of the hearing, Council shall either approve the
account as submitted or as modified or corrected by Council. Council shall then
approve a resolution assessing such amounts as liens upon the respective parcels
of land as they are, shown upon the last available assessment roll. The amounts
shall be charged to the property owners on the next regular tax bill. Per
staff's recommendation, the resolution was approved unanimously 5-0. (Director
of Finance) Continued from the meeting of July 2B, ~29BI ¡b
.::;- - -
THU 19: 21 FAX 819 891 5171 CBUl.A VISTA ENGINEERING Ialoo2
THE CITY OF CHtJLA VISTA D.lSCLOSURE Sl'A'IEMENr
J~ ' 4 ,-rAe: I-f M£¡.J T C.
You are required to file a St2ll:lDl:D[ of Disclosure of certain ownership or fiDaacial imaats, p&ymeIIts, or camp..... comn'butiOlll.
.. on aU mallea Which will require cUscreticllwy action on the pm of the City CouociI, PIannIn¡ Commission, and all other ot!icIaJ
bodies. The following informañon must be disclosed:
1. USE the names of all persons havin¡ a fiIIancIa InIeJcSI in the propcny which is the subject of the applicaúon or the Contract,
e.g., owtJcr, applicant, CoDlnClor, subcontraCtor, material SUPPlier., ,~J
.Î - ~ ' ll¡'
ð-l-",'î K(--,-,,",r l-y LL.C IJt'1.+ Co"",l'I,,rc:"" I ßant,. kr
~ ~ ~
()+-"'-ï ?m"yv LL. C, nkl ",c.-h. ..¡-~) L-L-C
6-rCo/\À ?r^,..~ç;,,- \=-;""'I\.t€- (""f~r"'~'~'"
2. If my person' idcmificd pwsuam to (1) above is a colpoøtÎon or parmmhip, .Iist the names of all Individuals owning more
Iban 1°" of the shares In the corporation or owning any putnenhip imerest In the pIrtnenIùp.
3. If any person. - ide:nIified punuant to (I) above is non-profit organizazion or a trUSt, list the narJ\e$ of any person serving as
director of the non-profit organizacio.n or as trustee or bencficiaJy or trUStor of the trUSt.
4. Have you had more than $250 worth of business tßDSaaed with any member of the City scaff, Boards, Commissions.
(""m'tIÏIte"~. aDd Council wilbin the past tWelve month? Yes - No ~yes, please Indicate person(s):
5- Plci.se identify each and every perso.n, including any agents, employees, consuJtaDI!I, or Independent ConIraCtOCS who you
have assigDed to represent you befate the City in this matter.
Lvn.d".:>\rOA '\ .A<::"5úC~G-~
6. Have you 8DdI0r your offiœcs or agents, in the aggregate, comributed ØIOrC than 51,000 to a Council member in the =
or preceding e!ecIion period? Yes - No~f yes, slate which Council membecs(s):
Daœ:'?:.A ç- /9 '\ * . . (NOTE: Attached additioDlll k:: -~ iL
, , SignatOR of Contractor/Applicant
Ro..-.. ~",-\ðLJ ~ -"-
Print or type name of Contractor/Applicant
. lmß4 II dtdfMd 113: "Any irulividutzl, firm, cø-pIJrrTlmhip. jDÌ,rIl -n. tWødaliDII, ß1dIJ/ dub, þtuel7llll DTgIJ/IlvIllDII,
œrpD1'IItiDII, UltIle, lnut. r«dwr, syndiCtlle. IhI.r IZIId œcy Drhu Ct)ultty. dry Dr Ct)1I1IlTY. dry mlDlldptZlily, tlhtria. Dr DIM pol/tlall
lubdivlsioll, (1r œcy DIM VtNP Dr œmb/1ItIlÌD1I tJaÛIg as IJ 1I1Úl. S-j'l
-..., A1íAl..H MeN, D
Unless otherwise specified or required by law: (a). the conditions
and Code requirements set forth below shall be completed prior to
the related final map as determined by the Director of Planning,
Parks and Recreation, and the City Engineer (b). unless otherwise
specified, "dedicate" means grant the appropriate easement, rather
than fee title. Where an easement is required the applicant shall
be required to provide subordination of any prior lien holders in
order to ensure that the City has a first priority interest in such
land unless otherwise excused by the City. Where fee title is
granted or dedicated to the City, said fee title shall be free and
clear of all encumbrances, unless otherwise excused by the City,
Should conflicting wording or standards occur between these
conditions of approval, any conflict shall be resolved by the City
Manager or designee.
GENERAL / P REL IMIN'AR. Y
1. Comply with all requirements and guidelines of the Parks,
Recreation Open Space and Trails Plan, Public Facilities Financing
Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable
Housing Plan, and the Non-Renewable Energy Conservation Plan,
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.
2. 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".
3. 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 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 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 applicant shall be notified 10 days in
advance prior to any of the above actions being taken by the City
and shall be given the opportunity to remedy any deficiencies
identified by the City,
4. Applicant shall 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 for the Project and/or any or all
entitlements and approvals issued by the City in connection with
the Project.
5. The applicant shall comply with all applicable SPA conditions
of approval.
SCHEDULE "1"
5-/8
~
6. Any and all agreements that the applicant is required to enter
in hereunder, shall be in a form approved by the City Attorney.
7. The terms, conditions and ¡:ime. limits associated with this
tentative map shall be consistent with the Development Agreement
approved by prdinance No. 2679 by the City Council on July 16, 1996
("Development Agreement") and as amended on October 22, 1996.
8. The applicant shall comply with the terms of the Conveyance
Agreement, adopted by Resolution No. 18416 by the City Council on
October 22, 1996 (" Conveyance Agreement") .
ENVIRONMENTAL
9, Prior to approval of each final "B" Map, the applicant shall
implement all applicable mitigation measures identified in EIR 95-
01, the CEQA Findings of Fact for this Project (on file in the City
Clerk's Office as Document No. CO96-056) and the Mitigation
Monitoring and Reporting Program (on file in the City Clerk's
Office as Document No. CO96-057).
10. Prior to the approval of each final "B" Map, the applicant
shall comply with all applicable requirements of the Phase 2
Resource Management Plan (RMP) as approved by the City Council on
June 4, 1996 and as may be amended from time to time by the City,
11. Prior to the approval of each final "B" Map, the applicant
shall comply with the Otay Ranch Resource Preserve in lieu fee
program to be adopted by the City Council.
12. The Applicant shall comply with any applicable requirements of
the California Department of Fish and Game, the U.S. Department of
Fish and Wildlife and the U.S. Army Corps of Engineers.
DESIGN
13, The secondary access in the southern portion of Neighborhood
R-30 shall be surfaced with "grass-crete", "turf-block" or some
other comparable material unless otherwise approved by the Planning
Director and Fire Chief. Bollards shall be provided instead of the
locking gate noted on the map. The bollards shall be located
closer to the terminus of the cul-de-sac (Parker Mountain Road),
rather than adjacent to Santa Rosa Drive.
14. Any proposed monumentation/signage shall be consistent with
the Village Design Plan and shall be reviewed and approved by the
Planning Director prior to approval of the appropriate final map.
15, In addition to the requirements outlined in the City of Chula
Vista Landscape Manual, privately maintained slopes in excess of 25
feet in height shall be landscaped and irrigated to_soften their
appearance as follows: one 5-gallon or larger size tree per each
150 square feet of slope area, one I-gallon or larger size shrub
per each 100 square feet of slope area, and appropriate
groundcover. Trees and shrubs shall be planted in staggered
clusters to soften and vary the slope plane. Landscape and
irrigation plans for private slopes shall be reviewed and approved
, SCHEDULE "1" 5~' I tj
/
-
by the Planning Director prior to approval of the appropriate final
map,
16. A comprehensive wall plan indicating color, materials, height
and location shall be reviewed and approved by the Planning
Director Prior to approval of any final "B" Map. Materials and
color used shall be compatible and all walls located in corner
side-yards or rear yards facing public or private streets or
pedestrian connections shall be constructed of a decorative masonry
and/or wrought iron material.
A revised acoustical analysis indicating if view fencing, such as
a combination of masonry and wrought iron, is allowable at the ends
of cul-de-sacs backing up to Telegraph Canyon Road, East Orange
Avenue and Paseo Ranchero, shall be prepared prior to submittal of
the wall plan indicated above. If such fencing is allowable per
the final acoustical analysis it shall be provided at the ends of
the following streets: Parker Mountain Road, Geyserville Street,
Jamestown Drive, Moss Landing Avenue, Porterville Court, Firebaugh
Court, Street C4, San Dimas Court, Hanford Court, Rocklin Court,
Colton Court, Rincon Point, Santa Inez Avenue, Traver Court, Vernon
. Court , Lindsay Street, Applegate Street, and Dunsmuir Court. View
fencing shall be provided at the ends of all other open cul-de-sacs
where a sound wall is not required.
Any combination free standing/retaL~ing walls shall not exceed 8.5
feet in height. The applicant shall submit a detail and/or cross
section of the maximum/minimum conditions for all "combination
walls" which include retaining and free standing walls. Said
detail shall be reviewed and approved by the Director of Planning
prior to the approval of the first final map. The maximum height
of all retaining walls shall be 2.5 feet in height when combined
with freestanding walls which are six feet in height. A 2-3 foot
separation shall be provided between free standing and retaining
walls where the combined height would otherwise exceed 8.5 feet.
17, Lots backing or siding onto pedestrian paseos or parks shall
be provided with view fencing, such as three feet of wrought iron
on top of a three foot masonry wall, subject to approval by the
Fire Marshal and the Planning Director.
18. Should the applicant propose an amendment to the Otay Ranch
General Development plan to reduce density within the Village Cores
at some time in the future, the provision of additional alley
product shall be analyzed and considered concurrently with said
amendment.
19, The Design Review Committee shall review and approve the
elevations of all homes backing and siding onto Telegraph Canyon
Road in Neighborhood R-5.
20. A minimum of thirty percent of all 55 x 105 feet lots in each
final map shall be provided with Hollywood driveways. The
applicant agrees to process an amendment to the Planned Community
District Regulations for SPA One to reflect said requirement.
1.---
,/ SCHEDULE "1" 5-;; ()
- ~
STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS
21. Dedicate for public use all the public streets shown on the
tentative map within the subdivision boundary. Prior to the
approval of the applicable "B" Map, the applicant shall enter into
an agreement to guarantee the construction of all street
improvements as required by the PFFP for each particular phase.
22. Secure in accordance with Section ~8.~6.220 of the Municipal
Code, as necessary, the construction and/or construct full street
improvements for all on-site and off-site streets deemed necessary
to provide service to the subject subdivision. Said improvements
shall include, but not be limited to, asphalt concrete pavement,
base, concrete curb, gutter and sidewalk, sewer, reclaimed water
and water utilities, drainage facilities, street lights, signs,
landscaping, irrigation, fencing and fire hydrants.
Street cross sections shall conform to the cross sections shown on
the Tentative Map. All other design criteria shall comply with the
current Chula Vista Design Standards, Chula Vista Street Design
Standards, and the Chula Vista Subdivision Manual unless otherwise
conditioned or approved herein. Exhibit A indicates the
relationship between the Otay Ranch SPA One roadway designations
and the approved City designations in the Circulation Element of
the General Plan for purposes of determining the appropriate design
standards for all streets within SPA One.
Should the City Engineer deem that the construction of sidewalks
along the offsite portions of East Orange Avenue and East Palomar
Street west of Paseo Ranchero is not necessary to provide service
to the subject subdivision, their construction may be delayed.
The developer shall dedicate on the appropriate final "B" Map, the
right-of-way to extend Carmel Avenue, Santa Lucia Road, Santa Flora
Drive, Gold Run Road, Applegate Street, Livingston Avenue and
Grayson Court to the easterly subdivision boundary of Village One.
The City Engineer and the Planning Director may waive this
requirement if it is demonstrated that a street does not need to be
extended to provide access to the adjacent property.
Unless otherwise approved by the City Engineer, the developer shall
provide a cul-de-sac at the end of all proposed street stubs along
the subdivision boundary. The City Engineer may approve the
installation of a temporary turnaround at the end of those streets
that might be extended in the future to provide access to the
adjacent property.
23. In accordance with the pre-annexation Development Agreement
the developer shall grant to the City fee title to the right-of-way
for SR 125. Said right-of-way shall be contained in a lot granted
to the City for open space, transportation and other public
purposes. The right-of-way shall be granted at such time as
requested by the City.
24. As part of the improvement plans associated with the final "B"
Map which triggers the installation of the related street
improvements, install a fully activated traffic signal including
interconnect wiring at the following intersections:
SCHEDULE "1" 5-;)/
~ -
a. East Palomar Street and Paseo Ranchero
b. East Palomar Street and La Media Road
c. East Palomar Street and East Orange Avenue
d. East Orange Avenue and Paseo Ranchero
e. East Orange Avenue and La Media Road
Install underground improvements, standards and luminaries with
construction of street improvements, and install mast arms, signal
heads and associated equipment as determined by the City Engineer.
25. Submit to and obtain approval by the City Engineer of striping
plans for all collector or higher classification streets
simultaneously with the associated improvement plans.
26. Design all vertical and horizontal curves and intersection
sight distances to conform to the Caltrans Highway Design Manual.
Sight visibility easements shall be granted as necessary to comply
with the requirements in the Caltrans Highway Design Manual.
27. Plant trees within all street parkways which have been
selected from the revised list of appropriate tree species
described in the Village Design Plan which shall be approved by the
Directors of Planning, Parks and Recreation and Public Works. The
applicant shall provide root control methods per the requirements
of the Parks and Recreation Director and a deep watering irrigation
system for the trees. An ,irrigation system shall be provided from
each individual lot to the adj acent parkway. The improvement plans,
including final selection of street trees, for the street parkways
shall be approved by the Directors of Planning, Parks and
Recreation and the City Engineer.
28. Enter into an agreement with the City, prior to approval of
the first final "A" Map, where the developer agrees to the
following:
a. Fund and install Chula Vista transit stop facilities when
directed by the Director of Public Works. The improvement
plans for said stops shall be prepared in accordance with
the transit stop details described in the Village Design
Plans and approved by the Directors of Planning and
Public Works.
b. Not protest the formation of any future regional benefit
assessment district to finance the Light Rail Transit.
c. Fund its fair share of the cost of construction of the
two pedestrian bridges connecting Villages One to Village
Two and Village Five to Village Six as determined by the
City Engineer based on the proportionate benefit received
from the.. improvements. The developer shall also identify
the financing mechanism to be used to fund said cost.
29. Grant in fèe to the City the right-of-way for the Light Rail
Transit as indicated on the approved Tentative Map. Said right-of-
1/ SCHEDULE "I" 5-dc9-
I I
. -...,
way shall be contained in lots granted to the City for open space,
t::-ansportation, and other public purposes. Said lots shall not
extend across street intersections unless approved by the City
Engineer. Include said lots in an open space district.
30. Guarantee the construction and enter into an agreement to
construct the pedestrian bridge connecting Village One to Village
Five in accordance with improvement plans approved by the City
prior to approval of the final map that requires construction of La
Media Road between East Palomar Street and East Orange Avenue. The
developer shall be responsible for the construction of said bridge
and may seek, with the concurrence of the City, repayment from
other benefiting property owners through a reimbursement district.
31. 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.
32. Prior to approval of any final map that requires the
construction of Santa Madera Avenue between Telegraph Canyon Road
and Morgan Hill Drive ("Temporary Roadway"), in order to access the
final map property, the developer shall accomplish the following:
a. Obtain all permits and agreements with the environmental
regulatory agencies required to construct the "Temporary
Roadway".
b. Obtain a construction permit from the City approving the
necessary modifications to the existing improvements in
Telegraph Canyon Road including the provision of a fully
activated traffic signal as directed by the City
Engineer.
c. Enter into an agreement where the developer agrees to:
(1) Perform the following:
(a) Restore the median improvements and remove the
traffic signal as directed by the City
Engineer to provide only right-injright-out
access at said intersection. This work shall
be performed at such time as La Media Road
between Telegraph Canyon Road and East Palomar
Street is opened for public use.
(b) Remove to the satisfaction of the City
Engineer the remaining "Temporary Roadway"
improvements required to close said
intersection, at such time as a permanent road
connecting Filmore Street in Village One to
East Orange Avenue is opened for public use.
,
I /" SCHEDULE "1" 5-~3
/ '
"'
(2) Restore the Telegraph Canyon Road improvements and
regrade the area to be consistent with the
streetscape of Telegraph Canyon Road and the
drainage channel as directed by the City Engineer
and Director of Parks and Recreation.
<3) Install signs as directed by the City Engineer,
indicating that the "Temporary Roadway" will be
closed once the permanent road connecting Filmore
Street in Village One to East Orange Avenue is
opened for public use.
(4) Provide a Notice in any residential disclosure
document that the "Temporary Roadway" will be
closed once the permanent road connecting Filmore
Street in Village One to East Orange Avenue is
opened for public use.
(5) Provide security acceptable to the City in the
amount determined by the City Engineer to guarantee
the following:
(a) Restoration of the median improvements and
removal of the traffic signal required to
provide only right-in/right-out access at said
intersection, Said bonds shall be provided
prior to approval of the final map requiring
the construction of La Media Road between
Telegraph Canyon Road and East Palomar Street,
(b) Removal of the remaining temporary
improvements required to close said
intersection and restoration of the area as
directed by the City Engineer and Director of
Parks and Recreation. Said bonds shall be
posted prior to approval of the final map for
Village One Core or any unit thereof.
(6) Provide for all costs associated with the vacation
of the "Temporary Roadway"
33. As part of the improvement plans associated with the first
final "B" Map which triggers the construction of Paseo Ranchero, La
Media or Santa Paula Drive, provide the necessary modifications to
the applicable existing traffic signals including interconnect
wiring at the following intersections:
a. Telegraph Canyon Road at St. Claire Drive
b. Telegraph Canyon Road at Otay Lakes Road
c. Telegraph Canyon Road at Paseo Ranchero
Install underground improvements, standards and luminaries
with construction of street improvements, and install mast
arms, signal heads and associated equipment as determined by
the City Engineer,
SCHEDULE" 1" 5' - ;;; 'i
I ¡
---..,
34. Include the right of way for the proposed "Temporary Roadway"
(Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill
Drive) in a separate lot. In the appropriate final "B" Map, as
determined by the City Engineer, grant said lot in fee to the City
for open space, transportation, and other public uses.
35. Guarantee the construction and enter into an agreement to
construct, prior to the approval of any final "B" Map for
Neighborhoods R-15, 16, 17, 18, 19, CPF-l, 2, 3, C-l or 2 or any
unit thereof, the construction of a permanent public road
connecting Filmore Street in Village One to East Orange Avenue as
depicted on the Tentative Map. This road shall have a right-of-way
width of 40 feet and be designed and constructed to City standards
for residential streets except that it shall have a width (curb to
curb) of 26 feet and sidewalk only on one side,
36. Provide (1) twenty feet setback on driveways from property
line to garage and (2) sectional roll-up type garage doors at all
properties fronting on streets where cul-de-sacs are 150 feet or
less in length except as provided for in the Planned Community
District Regulations or approved by the City Engineer and the
Planning Director.
37. Not install privately owned water, reclaimed water, or other
utilities crossing any public street. This shall include the
prohibition of the installation of sleeves for future construction
of privately owned facilities. The City Engineer may waive this
requirement if the following is accomplished:
a. The developer enters into an agreement with the City
where the developer agrees to the following:
(1) Apply for an encroachment permit for installation
of the private facilities within the public right-
of-way.
(2) Maintain membership in an advance notice such as
the USA Dig Alert Service.
(3) Mark out any private facilities owned by the
developer whenever work is performed in the area.
The terms of this agreement shall be binding upon the
successors and assigns of the developer.
b. Shutoff devices as determined by the City Engineer are
provided at those locations where private facilities
traverse public streets.
38. Grant on the final "B" Map containing the proposed connection
to EastLake Parkway (between the two existing Otay Water District
parcels) a 60-foot wide easement for street right-of-way and other
public purposes along said connection. Prior to approval of the
same map the developer shall guarantee the construction of the
following improvements within said 60-foot wide easement:
v SCHEDULE "1" 5-;;5
-
a. Pedestrian, cart and bicycle improvements as determined
by the City Enginee~ and Planning Director. The
improvement plans shall be prepared in such a way as to
not preclude the option of providing street improvements
for vehicular access in the future.
b. Vehicular access improvements to the existing Otay
Municipal Water District parcels as determined by the
City Engineer and the Otay Municipal Water District,
39. Grant on the final "B" Map containing the paseo between
Neighborhoods R-8 and R-9 a GO-wide easement for street right-of-
way and other public purposes. The pas eo improvements shall be
constructed within said easement. Prior to approval of the same
final map the developer shall accomplish the following:
a. Guarantee the construction of the paseo improvements (if
public) as directed by the Director of Planning, Director
of Parks and Recreation, and City Engineer.
b. Enter into an agreement with the City where the developer
agrees to construct street improvements for vehicular
access within the GO-foot easement in accordance with
improvement plans approved by the City Engineer if
vehicular access is needed in the future.
40. Include in separate lots the right-of-way required to
accommodate the future grade separation at the intersections of (1)
Telegraph Canyon and Otay Lakes Road, and (2) East Orange Avenue
and Paseo Ranchero. These lots shall be granted in fee to the City
for Open Space, transportation, and other public purposes on the
appropriate final "B" Map, as determined by the City Engineer.
41. Residential Street Condition A as denoted on the cover page of
the tentative map is the preferred section and shall be implemented
on all residential streets, excluding the alley product, unless
otherwise approved by the City Engineer and Planning Director.
42. The applicant shall submit a conceptual design for the bridge
connections between Village One and Village Five which indicates
materials, height, location, etc. Said design plan shall be
reviewed and approved by the Planning Director prior to approval of
the final "B" Map that requires construction of La Media Road
between East Palomar Street and East Orange Avenue.
43. Requested General Waivers 1, 2, and 3 and Specific Waiver 3,
as indicated on the cover sheet of the tentative map, are hereby
approved. Specific Waivers 1 and 2 are approved subject to the
condition that one-way circulation be provided at the.north-south
streets adjacent to parks P-4 and P-5, unless otherwise approved by
the City Engineer.
44, The applicant shall submit and obtain approval from the City
Engineer and the Planning Director of a final conceptual design of
the proposed tràffic circles prior to approval of the first final
"B" Map. The developer shall submit striping, signage and
p- 5-;J~
I SCHEDULE "1"
- --
landscape plans for all traffic circles indicated on ~he ~en~ative
map. In the event the traffic circles are not approved, some type
of alternative enhanced landscaping and/or entry statement at those
intersections acceptable to the City Engineer and the Planning
Director, shall be identified prior to approval of the first final
"B" Map.
45. Right-of-way for the light rail transit line shall provide for
spiral curves as required by MTDB and approved by the City
Engineer.
46. Unless otherwise approved by the City Engineer, the developer
shall provide sewer stubs extending to the easterly subdivision
boundary of Village One at the following locations: (1) all the
street stubs proposed along said boundary, and (2) at those
locations where right-of-way dedication is required to extend
Carmel Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run Road,
Applegate Street, Livingston Avenue and Grayson Court to said
subdivision boundary.
47. Prior to approval of the first final "B" Map the developer
shall submit and obtain the approval of the City Engineer of a
design study of the connection of the sewerline shown on the
tentative map as ending at the northerly end of Gold Run Road to an
approved public sewer system.
GRADING AND DRAINAGE
48, Provide a setback, as determined by the City Engineer, between
the property lines of the proposed lots and the top or toe of any
slope to be constructed where the proposed grading adjoins
undeveloped property or property owned by others. The City
Engineer shall not approve the creation of any lot that does not
meet the required setback,
The developer shall submit notarized letters of permission to grade
for all off-site grading.
49. Submit a list of proposed lots with the appropriate grading
plan indicating whether the structure will be located on fill, cut
or a transition between the two situations unless otherwise
approved by the City Engineer.
50. Comply with all the provisions of the National Pollutant
Discharge Elimination System (NPDES) and the Clean Water Program.
51. Provide runoff detention basins or any other facility approved
by the Ci ty Engineer to reduce the quantity of runoff from the
development to an amount equal to or less than the present lOO-year
frequency runoff.
52. Provide "as built" improvement and storm drain plans in DXF
file format to the satisfaction of the City Engineer.
53. Grant on the appropriate final "B" Map a 15 feet minimum
drainage and access easement for storm drain lines located between
/' I SCHEDULE "1" 5- ;; 1
' --
'-
residential units unless otherwise directed by the City Engineer.
All other easements shall meet City standards for required width.
54. Prior to approval of (1) the first final "B" Map or grading
permit for land draining into the Poggi Canyon or (2) the first
final "B" Map or grading permit which requires construction of
Santa Madera between Telegraph Canyon Road and Morgan Hill Drive
("Temporary Roadway"), the developer shall:
a. Guarantee the construction of the applicable drainage
facility, unless otherwise approved by the City Engineer
as follows:
(1) Runoff detentionjdesilting basin and naturalized
channel in Poggi Canyon; or
(2) Runoff detention Basin in Telegraph Canyon Channel
The City Engineer may approve that these facilities are
constructed at a later time if the developer provides
private temporary runoff detention basins or other
facilities, approved by the City Engineer, which would
reduce the quantity of runoff from the development to an
amount equal to less than the present 100 year flow.
Said temporary facilities shall comply with all the
provisions of the National Pollutant Discharge
Elimination System (NPDES) and the Clean Water Program.
Prior to issuance of any grading permit which approves
any temporary facility, the developer shall enter into an
agreement with the City to guarantee the adequate
operation and maintenance (0 & M) of said facility. The
developer shall provide security satisfactory to the City
to guarantee the 0 & M activities, in the event said
facilities are not maintained -to City standards as
determined by the City Engineer.
The developer shall be responsible for obtaining all
permits and agreements with the environmental regulatory
agencies required to perform this work.
b. Prepare a maintenance program including a schedule,
estimate of cost, operations manual and a financing
mechanism for the maintenance of the applicable
facilities. Said program shall be subject to approval of
the City Engineer, the Director of Parks and Recreation,
and the applicable environmental agencies.
c. Enter into an agreement with the City of Chula Vista and
the applicable environmental agencies (Fish and Game,
Fish and Wildlife) wherein the parties agree to implement
the maintenance program.
d. Enter into an agreement with the City where the developer
agrees to the following:
~ SCHEDULE "1" 5-;;8
~
(1) Provide for the maintenance of the proposed
detention basin in Telegraph Canyon and the
proposed naturalized channel and detention basin in
Poggi Canyon until such time as maintenance of such
facilities is assumed by the City or an open space
district.
(2) Provide for the removal of siltation in the
Telegraph and Poggi Canyon Channels (including
detention basins) until all upstream grading within
the development is completed and erosion protection
planting is adequately established as determined by
the City Engineer and Director of Parks and
Recreation.
(3) Provide for the removal of any siltation in the
Telegraph and Poggi Canyon Channels (including
detention basins) attributable to the development
for a minimum period of five years after
maintenance of the facility is assumed by the City
or an open space district.
55. Enter into an agreement with the City, prior to approval of
the first final "B" Map or grading permit for land draining into
the existing Telegraph Canyon Channel, where the developer agrees
to perform the following activities within the portion of said
existing channel extending from Paseo Ladera to the eastern
subdivision boundary:
a. Provide for the removal of siltation until all upstream
grading within the development is completed and erosion
protection planting is adequately established as
determined by the City Engineer and Director of Parks and
Recreation.
b. Provide for the removal of any siltation attributable to
the development for a minimum period of five years after
maintenance of the channel is assumed by the City or an
open space district.
56. Ensure that brow channels and ditches emanating from and/or
running through City Open Space are not routed through private
property and vice versa.
57, Provide a graded access (12 feet minimum width) and access
easements as required by the City Engineer to all public storm
drain structures including inlet and outlet structures. Improved
access as determined by the Ci ty Engineer shall be provided to
public drainage structures located in the rear yard of any
residential lot.
58. Provide a protective fencing system around (1) the proposed
detention basins at Telegraph Canyon and Poggi Canyon, and (2)
inlets and outlets of storm drain structures, as directed by the
City Engineer. The final design and types of construction
/ SCHEDULE "1"
/ 5-;;;.1
~- ~--- ~~-_.~-------~-
-..
materials shall be subject to approval of the Director of Planning
and the City Engineer.
59. Designate all drainage facilities draining private property to
the point of connection with public facilities as private.
60. Provide a 6 inch thick concrete access road to the bottom of
the proposed detention basins. This access shall have a minimum
width of 12 feet, a maximum slope of 8%, and a heavy broom finish
on the ramp as directed by the City Engineer.
61. Obtain a Letter of Map Revision (LOMR) from the Federal
Emergency Management Agency revising the current National Flood
Insurance Program maps of the Telegraph Canyon Channel to reflect
the effect of the proposed drainage improvements. The LOMR shall
be completed prior to acceptance by the City of the proposed
detention facility.
62. Provide graded maintenance access roads along both sides of
the proposed onsite and off site portions of the Poggi Canyon
.Channel. The width of said roads shall be 12 feet unless otherwise
approved by the City Engineer. The final dimensions and location
of the access roads shall be as determined by the City Engineer.
63. Obtain, prior to approval of the first final "B" Map, the
approval of the Director of Public Works to any amendment necessary
to make the Master Drainage plan consistent with the approved
Tentative Map.
64. Prior to the installation of the regional trail, install a
fence along those portions of (1) the existing maintenance access
roads along the Telegraph Canyon Channel, and (2) the proposed
maintenance access roads of the Poggi Canyon Channel, which are
proposed to be incorporated into the Regional Trail System. The
fence shall be erected only at those locations where its
installation will not interfere with the normal channel
maintenance. The specific locations where the fence will be
allowed and the fence details shall be as determined by the City
Engineer and Director of Parks and Recreation.
65. Prepare and obtain approval by the City Engineer, Director of
Planning, and Director of Parks and Recreation of an erosion and
sedimentation control plan and landscape/irrigation plans as part
of the grading plans.
66. Landform grading, similar to what has been proposed along
Telegraph Canyon Road and consistent with City policy, shall be
implemented adjacent to all off-site major roads.
67. Indicate on all affected grading plans that all walls which
are to be maintained by open space districts shall be constructed
entirely within open space lots dedicated to the City.
68. Prior to the approval of the grading plans proposing the
grading of the area that would accommodate the future grade
separated intersections at East Orange Avenue/Paseo Ranchero and
r .5 ~ 3¿J
'/ S,cHEDULE "1"
-
-----------
"" ~-,
Telegraph Canyon Road/Otay Lakes Road, the developer shall submit
a design study, acceptable to the City Engineer, of the grading
required for said grade separated intersections.
69. The grading plans for the intersection at East Orange
Avenue/Paseo Ranchero shall include a partial grading of the area
that would accommodate the eastbound on-ramp and off-ramp and the
westbound on-ramp of the future grade separated intersection. The
elevations and extent of the required grading shall be determined
by the City Engineer to,: (1) allow in the future the construction
of any additional grading necessary for the ultimate intersection
configuration, and (2) construct the Poggi Canyon Channel at its
ultimate location.
70. Prior to approval of the grading and/or improvement plans
proposing the construction of the culvert under La Media Road at
the crossing with the Telegraph Canyon Channel, the developer shall
submit a study acceptable to the City Engineer demonstrating that
the proposed culvert will be capable of handling the design flow in
the event said culvert needs to be extended in the future in
.conjunction with the grading for a grade separated intersection at
Telegraph Canyon Road/Otay Lakes Road.
71. Unless otherwise approved by the City Engineer, the developer
shall provide an underground storm drain connecting the cleanout in
Park P-9 to the Telegraph Canyon Channel Drainage easements shall
be provided as required by the City Engineer.
SEWER
72. Provide an improved access road with a minimum width of 12
feet to all sanitary sewer manholes. The roadway shall be designed
for an H-20 wheel load or other loading as approved by the City
Engineer.
73. Grant on the appropriate final "B" Map a 20 feet minimum
sewer and access easement for sewerlines located between
residential units unless otherwise directed by the City Engineer.
All other easements shall meet City standards for required width.
PARKS/OPEN SPACE/WILDLIFE PRESERVATION
General
74. The SPA one project shall satisfy the requirements of the Park
Land Dedication Ordinance (PLDO). The ordinance establishes a
requirement that the project provide three (3) acres of local parks
and related improvements per 1,000 residents. Local parks are
comprised of community parks and neighborhood parks, Pedestrian
parks are an integral component of the plan and shall receive
partial park credit as defined below, A minimum of two thirds (2
acres/l,OOO residents) of local park requirement shall be satisfied
through the provision of turn-key neighborhood and pedestrian parks
within SPA One. The remaining requirement (1 acre/l,OOO residents)
shall be satisfied through the payment of fees.
75. All local parks shall be consistent with the SPA One PFFP and
shall be installed by the Applicant. A construction schedule,
,< ¡ '7 SCHEDULE "1" 5'-3/
.
~ - ,
requiring all parks to be completed in a timely manner, shall be
approved by the Director of Parks and Recreation,
76. All local parks shall be designed and constructed consistent
with the provisions of the Chula Vista Landscape Manual and related
Parks and Recreation Department specifications and policies.
77. The applicant shall enter into a Chula Vista standard three
party agreement with the City of Chula Vista and design
consultant(s) , for the design of all aspects of the neighborhood
and community parks in accordance with the Master Plan whereby the
Parks and Recreation Director selects the design consultant(s) , to
be funded by the applicant. The cost for the consultant(s) shall
be established and said amount deposited into an account prior to
any work being initiated by the consultant. The agreement shall
include, but not be limited to, master planning, design development
phase, construction document phase and construction supervision
phase for the park sites. The construction documents shall reflect
the then current requirements of the City's Code/Landscape Manual
requirements.
78, The Applicant shall receive surplus park credit to the extent
the combined park credit for neighborhood parks, pedestrian parks,
the town square park and the community park exceeds the 3 acres per
1,000 residents standard. This surplus park credit may be utilized
by the Applicfu,t to satisfy local park requirements in future SPAs.
79. The Applicant and the City shall mutually agree on a PAD fee
reimbursement schedule in coordination with the adopted
-construction schedule. Milestones will be established for partial
reimbursement during the construction process. The City may
withhold up to 20% of the park construction funds until the park
has been completed and accepted. Reimbursement of PAD fees shall
include the interest accrued by the City on said PAD fees minus the
City's cost of processing and administering this reimbursement
program.
80. Grant in fee all designated public park lands at such time as
is necessary to implement the requirements of the PLDO and the
PFFP.
81. pedestrian Parks (also known as mini-parks): pedestrian parks
less than five acres, as identified in the SPA One Plan, shall be
maintained by a funding entity other than the City's General Fund.
Pedestrian parks shall receive a minimum of 25% and a maximum of
50% park credit, as determined by the Director of Parks and
Recreation pursuant to the Ci ty wide small park credit criteria
which shall be approved by the City Council.
82, Neighborhood Parks:
a. In addition to those PAD fees required by Condition No.
83, the Applicant shall pay PAD fees based on a formula
of 2 acres per 1,000 residents for the first 500 dwelling
units. In the City's sole discretion, PAD fees may be
r / SCHEDULE "1" 5-3J-
{/\ I
'"""\ ~
required for units in excess of the first 500 dwelling
units.
b. Prior to the approval of the first final map which
creates residential lots ("B" Map), the applicant shall
enter into a supplemental agreement where the applicant
agrees to construct the first neighborhood park in SPA
One, in a location determined by the Director of Parks
and Recreation, no later than issuance of the building
permit for the SOOth dwelling unit. The agreement shall
also provide the following:
(1) The level of amenities required in the first phase
of construction of the first neighborhood park
shall be determined by the Director of Parks and
Recreation in conjunction with the park master
planning effort required by the City of Chula Vista
Landscape Manual. Said level of amenities shall be
equivalent to five acres of neighborhood park
improvements as described in the PLDO ordinance and
the Park Master Plan as approved by the Director of
Parks and Recreation. The applicant shall complete
construction of the first phase of the first
neighborhood park within six (6) months of
commencing construction of said park.
(2) Prior to issuance of the building permit for the
HSoth dwelling unit, the Director of Parks and
Recreation shall determine the level of amenities
required for the second phase of construction of
this park consistent with the PLDO and the Park
Master Plan, or in lieu of the second phase,
require the construction of another neighborhood
park at a different location. If the applicant
cannot build a park at a different location chosen
by the Director of Parks and Recreation, the City
may require the applicant to pay PAD fees.
(3) At no time following completion of construction of
the first phase of the first neighborhood park
shall there be a deficit in "constructed
neighborhood park" based upon 2 acres/1,OOO
residents. Applicant agrees that the City may
withhold the issuance of building permits should
said deficit occur. For purposes of this
condition, the term "constructed neighborhood park"
shall mean that construction of the park has been
completed and accepted by the Director of Parks and
Recreation as being in compliance with the Park
Master Plan, but prior to the mandatory 9-12 month
maintenance period. This condition is not intended
to supersede any of the City's maintenance
guarantee requirements,
(4) The Applicant shall receive reimbursement of PAD
fees, proportionate to what has been constructed,
SCHEDULE "1" 5-33
'--.... -,
should they delive~ a turn-key park which has been
constructed in accordance with the Parks Master
Plan.
c. The applicant shall grant to the City, at the "A" Map
stage, an irrevocable offer of dedication for all
neighborhood parks shown on the Tentative Map.
83. Community Parks:
a. Prior to the approval of each final "B" Map the Applicant
shall pay PAD fees for the Community Park based upon a
formula of 1 acre per 1, 000 residents, until such time
as a turn-key facility has been accepted by the Director
of Parks and Recreation. Said turn-key facility is
subject to the reimbursement mechanism set forth below,
b. The first Otay Ranch Community Park, to satisfy SPA One
demand, shall be located in Village 2 as identified in
the GDP.
c. The Applicant shall identify the relocation, if any, of
the Village 2 Otay Ranch Community Park prior to issuance
of the building permit for the 1,150th dwelling unit,
Said relocation may require an amendment to the Otay
Ranch General Development Plan.
d. Notwithstanding that the community park requirement (1
acre/1,OOO residents) shall be satisfied through the
payment of PAD fees, the Applicant shall commence
construction of the first phase of the Community Park
prior to issuance of the building permit for the 2,650th
dwelling unit. The first phase of construction shall
include, but not be limited to, improvements such as a
graded site with utilities provided to the property line
and an all weather access road acceptable to the Fire
Department.
e. The Applicant shall commence construction of the second
phase of the Community Park prior to issuance of the
building permit for the 3,OOOth dwelling unit. Second
phase improvements shall include recreational amenities
as identified in the Park Master Plan.
f. The Community Park shall be ready for acceptance by the
Director of Parks and Recreation for maintenance prior to
issuance of the building permit for the 3,900th dwelling
unit,
g. If the Director of Parks and Recreation determines that
it is not feasible for the Applicant to commence
construction of the first phase improvements of the
community park prior to issuance of the building permit
for the 2,650th unit, then the Director of Parks and
Recreation shall have the option to utilize the PAD fees
for said improvements, or to construct another park
. . I SCHEDULE "1" 5-3'1
--..,
facility, east of the I-80S Freeway within an acceptable
service radius of SPA One, as set forth in the GDP.
h. The Applicant shall provide a maintenance period of 9-12
months in accordance with the City of Chula Vista Parks
and Recreation Department policy.
i. The Applicant shall receive reimbursement of PAD fees,
proportionate to what has been constructed, excluding the
cost of construction of the all weather access road, for
the community park should they deliver a turn-key
facility to the City in accordance with the Community
Park Master Plan.
84, Trails/Open Space:
a. All trails shall connect to adjoining existing and/or
proposed trails in neighboring development projects, as
determined by the Director of Parks and Recreation.
b. The two connector trails from Neighborhoods R-24 and R-25
in Village Five to Telegraph Canyon Road shall be
combined into one trail in Open Space Lot 37 and shall
connect to the regional trail in one location.
c. The maximum gradient for connector trails shall be 10%.
Steeper grades of up to 12% for short runs of 50 feet may
be permitted subject to the approval by the Parks and
Recreation Director.
d, The graded section upon which the connecting trails are
constructed shall be 10 feet in width. six feet shall be
provided for the trail bed, with a 2 foot graded shoulder
on either side.
e. Landscape and irrigation plans for the transit right-of-
way shall be reviewed and approved by the Parks and
Recreation Director in conjunction with the landscape
plans for East Palomar Street,
85. Communi tv Gardens:
a. Community Gardens shall be consistent with the guidelines
in the SPA One Parks, Recreation, Open Space and Trails
Master Plan, including creation of the Community Garden
Committee and their responsibilities.
b. Water lines shall be stubbed from the nearest open space
water meter to the site(s) in order to, facilitate
development of the Community Gardens.
c. Community Garden sites shall be consistent with those
identified on the tentative map.
d. Maintenance of Community Gardens shall be funded by an
Open Space Maintenance District, Homeowner's Association
SCHEDULE "1" 5-35
~ -,
Oy other funding mechanism approved by the Director of
Parks and Recreation and the City Engineer.
e. Community Gardens shall not receive park credit.
OPEN SPACE/ASSESSMENTS
86. Prior to the approval of the first final "B" Map, the
developer shall:
a. Submit and obtain approval of the SPA One Open Space
Master plan from the Director of Parks and Recreation.
The Open Space Master Plan shall be based upon the
approved Concept and Analysis Plan, the requirements of
which are outlined in the City of Chula Vista Landscape
Manual and include but are not limited to elements such
as final recreational trail alignments and fencing and
phasing.
b. Request the formation of an Open Space District pursuant
to the 1972 Landscaping & Lighting Act for the Otay
Valley Parcel of the Otay Ranch. This district formation
shall be submitted to Council for consideration prior to
approval of the first final ~~ map. Maintenance of the
open space improvements shall be accomplished by the
developer for a minimum period of one year or until such
time as accepted into the open space district by the
Director of Parks and Recreation. If Council does not
approve the open space district formation, some other
financing mechanism shall be identified and submitted to
for consideration prior to approval of the first final
map.
c. Submit evidence acceptable to the City Engineer and the
Director of Parks and Recreation of the formation of a
Master Homeowner's Association (MHOA) , or another
financial mechanism acceptable to the City Manager, which
includes all the properties within the approved tentative
map prior to approval of the first "B" Map. The MHOA
shall be responsible for the maintenance of the
improvements listed below. The City Engineer and the
Director of Parks and Recreation may require that some of
those improvements be maintained by the Open Space
District. The final determination of which improvements
are to be included in the Open Space District and those
to be maintained by the MHOA shall be made during the
Open Space District Proceedings. The MHOA shall be
structured to allow annexation of future tentative map
areas in the event the City Engineer and Director of
Parks and Recreation require such annexation of future
tentative map areas. The MHOA formation documents shall
be approved by the City Attorney.
d. Submit a list of all Otay Ranch SPA One facilities and
other items to be maintained by the proposed district,
Separate lists shall be submitted for the improvements
and facilities to be maintained by the Open Space
'/ SCHEDULE "1" ~" "., I
/' , ::7 - 5~
" ~,
District and those ~o be maintained by a Master
Homeowner's Association. Include a description, quantity
and cost per year for ~he perpetual maintenance of said
improvements. These lists shall include but are not
limited to the following facilities and improvements:
(1) All facilities located on open space lots to
include but not be limited to: walls, fences, water
fountains, lighting structures, paths, trails,
access roads, drainage structures and landscaping.
Each open space lot shall also be broken down by
the number of acres of turf, irrigated, and non-
irrigated open space to aid in the estimation of a
maintenance budget thereof.
(2) Medians and parkways along East Orange Avenue
(onsite and offsite) , Paseo Ranchero, La Media
Road, East Palomar Street (onsite and offsite) and
all other street parkways proposed for maintenance
by the open space district or Homeowners'
Association.
(3) The proposed detention basin in Telegraph Canyon
and the fair share of the maintenance of the
existing naturalized Telegraph Canyon Channel east
of Paseo Ladera as determined by the City Engineer
based on the proportional benefit received from the
improvements. This includes but is not limited to
the cost of maintenance and all cost to comply with
the Department of Fish and Game and Corps of
Engineers permit requirements.
(4) The proposed detention basin and naturalized
channel in Poggi Canyon. This includes but is not
limited to the cost of maintenance and all cost to
comply with the Department of Fish and Game and the
Corps of Engineers permit requirements.
(5) Community Gardens
(5) pedestrian Bridges.
(7) The proportional share of the maintenance of the
median and parkways along that portion of Telegraph
Canyon Road adjoining the development as determined
by the City Engineer.
(8) All proposed facilities and improvements (excepting
street improvements) within the 50-foot wide
easement to be dedicated to the City for right-of-
way at the following locations: (1) between
Neighborhoods R-8 and R-9, and (2) at the proposed
connection to EastLake Parkway (between the two
Otay Water District Parcels.
y' '.:...- SCHEDULE "1" :;;:1- 31
v'
,"'"
d. Submit an initial deposit of $~5,00O to begin the process
of formation of the open space district. All costs of
formation and other cos~s associated with the processing
of the open space relating to this project shall be
borne by the developer.
e. Provide all the necessary information and materials
(e. g ., exhibits, diagrams, etc.) as determined by the
City Engineer to prepare the engineer's report for the
proposed open space district.
87. Include in the CC&R's, if applicable, the obligation of the
Homeowners' Association to maintain all the facilities and
improvements within the open space lots rejected by the City prior
to the approval of the final map containing said lots.
88. Grade a level, clear area at least three feet wide (face of
wall to top of slope), along the length of any wall abutting an
open space district lot, as measured from face-of-wall to beginning
of slope, said area as approved by the City Engineer and the
Director of Parks and Recreation.
89. Ensure that all buyers of lots adjoining open space lots
containing walls maintained by the open space district sign a
statement, when purchasing their homes, stipulating that they are
aware that the walls are on City property and that they shall not
modify or supplement the wall or encroach onto City property.
These restrictions shall also be incorporated in the CC&R's for
each lot.
90. Agree to not protest formation or inclusion in a maintenance
district or zone for the maintenance of landscaped medians and
scenic corridors along streets within and adjacent to the subject
subdivision.
9L Grant in fee to the City on the appropriate final map, all
open space lots shown on the tentative map and execute and record
a deed for each of the lots to be maintained by the City through
the open space district. Provide on the final map a certificate,
pursuant to section 66477.2(a) of the Subdivision Map Act,
rejecting those open space lots to be maintained by the Homeowner's
Association.
92. Provide documentation, prior to the approval of the' first
final "B" Map, to the Director of Planning and the City Engineer
that an annexable Mello-Roos District, or other financing mechanism
approved by the Sweetwater High School District and the Chula Vista
Elementary School District has been established to provide for
construction of schools.
93. Fund the revision of the Public Facilities Development Impact
Fee (PFDIF) Program, which shall be prepared by the City, as
directed by the City Manager or his designee, and approved by the
City Council prior to approval of the first final "B" Map, The
developer shall receive 100% credits towards future PFDIF fees for
funding this update. Provide a deposit of $20,000 to begin this
~/ ~ SCHEDULE" 1" 5-38
"""\ -,
process. ."'-11 cost of revising the PFDIF shall be borne by the
àeveloper.
94. Prior ::0 issuance of any grading permit which includes
Landscaping and Irrigation (L & I) improvements to be installed in
an open space lot to be maintained by the open space district, the
developer shall place a cash deposit with the City which will
guarantee the maintenance of the L & I improvements, prior to City
acceptance of said improvements, in the event the improvements are
not maintained to City standards as determined by the City Engineer
and the Director of Parks and Recreation. 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 as
determined by the City Engineer. Any unused portion of said
deposit could be incorporated into the open space district's
reserve at such time as the maintenance of the open space lot is
assumed by the open space district.
WATER
95, Provide to the City a letter from Otay Municipal Water
District indicating that the assessments/bonded indebtedness for
all parcels dedicated or granted in fee to the City have been paid
or that no assessments exist on the parcel(s).
96. Present verification to the Ci ty Engineer in the form of a
letter from Otay Water District that the subdivision will be
provided adequate water service and long term water storage
facilities.
EASEMENTS
97. Grant to the City a 10' wide easement for general utility
purposes along public street frontage of all open space lots
offered for dedication to the City unless otherwise approved by the
City Engineer.
98. Indicate on the appropriate "B" Map a reservation of easements
to the future Homeowners' Association for private storm drain and
private sewer facilities within open space lots as directed by the
City Engineer.
99. Obtain, prior to approval of any final "B" Map, all off-site
right-of-way necessary for the installation of the required
improvements for that subdivision thereto. The developer shall
also provide easements for all on-site and off-site public drainage
facilities, sewers, maintenance roads, and any other public
facilities necessary to provide service to the subject subdivision.
100. Notify the City at least 60 days prior to consideration of the
final map by City if off-site right-of-way cannot be obtained as
required by the Conditions of approval. (Only off-site right-of-
way or easements affected by Section 66462.5 of the Subdivision Map
Act are covered by this condition.)
After said notification, the developer shall:
/) S-39
SCHEDULE "1"
I
""-"------------~-
'"" -
a. Pay the full cost of acquiring off-site right-of-way or
easements required by ~he Condi~ions of Approval of the
tentative map.
b. Deposit with the City the estimated cost of acquiring
said right-of-way or easements. Said estimate to be
approved by the City Engineer.
c. Have all easements and/or right-of-way documents and
plats prepared and appraisals complete which are
necessary to commence condemnation proceedings as
determined by the City Attorney.
d. Request that the City use its powers of Eminent Domain to
acquire right-of-way, easements or licenses needed for
off-site improvements or work related to the final map.
The developers shall pay all costs, both direct and
indirect incurred in said acquisition.
The requirements of a, b, and c above shall be
accomplished prior to the approval of the appropriate
Final Map.
101. Grant easements to subsequent owners pursuant to Section
18.20,150 of the City Code on any final map that proposes private
utilities or drainage facilities crossing property lines as
directed by the City Engineer.
102. Grant to City on the appropriate final iBl Map two foot access
easements along the rear and side property line of lots adjoining
walls to be maintained by the open space district. The locations
of these easements shall be as required by the Director of Parks
and Recreation and the City Engineer to provide adequate access for
maintenance of said walls.
AGREEMENTS/FINANCIAL
103. Enter into a supplemental agreement with the City, prior to
approval of each final "B" Map, where the developer agrees to the
following:
a. That the City may withhold building permits for the
subject subdivision if anyone of the following occur:
(1) Regional development threshold limits set by the
adopted East Chula Vista Transportation Phasing
Plan have been reached.
(2) Traffic volumes, levels of service, public
utilities and/or services exceed the threshold
standards in the then effective Growth Management
Ordinance.
(3) The applicant does not comply with the terms of the
Reserve Fund Program.
SCHEDULE "1" 5- LID
-..
b. 'C':.a:: the City may wi::~~~ld building pe:::mi::s f~:::- ar:y ~f
t~e phases ~:: devel~pment identified in the Publi:::
?a:::ilities Financing ?lan (PFF?) fo:::- O':ay Ranch SPA Jne
if the :::equi:::ed facili::ies, as identified in the ?FF? 0:::-
as amended by the ~~ual Monitoring Program, have ::l~t
been completed,
c. Defend, indemnify, and hold harmless the City and :.ts
agents, officers and employees, from any claim, action 0:::-
proceeding against the City, or its agents, officers or
employees to attack, set aside, void or annul any
approval by the City, including approval by its Planning
Commission, City Councilor any approval by its agents,
officers, or employees with regard to this subdivision
p:::-ovided the City promptly notifies the subdivider of any
claim, action or proceeding and on the further condition
that the City fully cooperates in the defense.
d. !told the City harmless from any liability for erosion,
siltation 0:::- increase flow of drainage resulting from
this p:::oject.
~ Snsu:r-e that all franchised cable television companies
("Cable Company") are permitted equal opportunity to
:c:,lace co::lduit and provide cable television service ~~
~"-,, lot or, public streets within the subdivisior:.
Restrict access to the conduit to only those franchised
cable television companies who are, and remain in
compliance with, all of the terms and conditions of the
franchise and which are in further compliance with all
other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable
television companies as same may have been, or may from
time to time be issued by the City of Chula Vista.
1:. Include in the Articles of Incorporation or Charter ::0:::-
the Homeowne:::-s' _"ssocia::ion (HOA)- provisions prohibitÍ!l"
the HOA from dedicating or conveying for public streets,
land used for private streets without approval of 100% of
all the HOA members.
104. Enter into an supplemental agreement with the City prior to
approval of the first final "B" Map, where the developer agrees to
the following:
a. Pa:::-t:icipate, on a fai:::- share basis, in any deficiency
plan or financial program adopted by SANDAG to comply
wi,:h 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 correctional facilities.
105, Prior to the approval of the first final map after January 11,
2000, as per Section 1 of the Telegraph Canyon Estates Affordable
Housing Agreement adopted by Resolution No. 17737, the applicant
/' 5-1.//
ùJ SCHEDüLE "1"
---. - ,
shall gran~ in fee three (3) acres of buildable land acceptable ~o
the City of Chula Vista within Village One of SPA One of the Otay
Ranch in order to satisfy the affordable housing implementation
measure contained in the approved Otay Ranch GDP (ref. GDP; Section
B.2, Pg. 242) and the terms of an existing agreement adopted by
Resolution No. 17737. In addition, said existing agreement, dated
December 1, 1995, shall be amended to permit the land dedication
within Village One.
106. Prior to approval of the first "A" Map, or as otherwise
determined by the Director of Planning, within SPA One and
consistent with the City's Housing Element, Ranch-Wide and SPA One
Affordable Housing Plans, the applicant shall enter into and
execute with the City an Affordable Housing Agreement ("SPA One
Affordable Housing Agreement") containing, but not limited to, the
following provisions: (a) The obligation to provide the total
number of low and moderate income units reqúired under the City's
Affordable Housing Program, based on the number of dwelling units
contained within the Master Tentative Map for SPA One; (b)
Identify the overall number of dwelling units within the Master
Tentative Map for which the applicant can receive final map
approval prior to the applicant selecting and guaranteeing, to the
City's satisfaction, final affordable housing site(s); (c) The
number of dwelling units within the master tentative map area which
can receive building permit authorizations prior to the applicant
obtaining building permits for a specified number of the required
low income units; and (d.) A description of what information must
be provided in subsequent Project Level Affordable Housing
Agreements. Upon its approval by the City, the terms and
conditions of the SPA One Affordable Housing Agreement shall become
conditions of this Resolution, and is hereby incorporated herein by
this reference.
107. The Applicant shall pay, prior to approval of the first "B"
Map, their proportional share, as determined by the Director of
Parks and Recreation, of a collaborative study analyzing local park
needs for the area east of the I-80S Freeway.
108. The applicant shall enter into an agreement with the City,
prior to approval of each final "B" Map, where the applicant agrees
to ensure that all insurance companies are permitted equal
opportunity to go out to bid to provide a Cooperative Homeowner's
Insurance Program (CHIP).
109, Prior to the approval of the first final "B" Map, the
developer shall submit and obtain approval by the City Engineer of
an "Improvement Phasing Schedule" which will identify the timing of
construction of all backbone facilities noted in the following
table. The Improvement Phasing Schedule shall be consistent with
the PFFP.
COST ITEM TO BE INCLUDED IN FACILITY
FINANCING PLAN
,r '/ 5 ., ')
Y , SCHEDULE "1" - If 17-
-, ---
*Acquisition/Dedication of East Palomar St::-eet between
offsite right of way Paseo Ranchero and La Media Road
*Construction of full street and between La Media Road and
improvements East Orange Avenue
*Acquisition/Dedication of the Paseos in Villages One and Five
offsite portions of open space including the paseo between
lots containing the paseos Neighborhoods R-B and R-9
*construction of full pas eo
improvements
* Payment of Telegraph Canyon For areas covered by: backbone
Basin Drainage DIF streets and all common areas
which include, but are not
limited to: parks, schools,
paseos and open space lots
*Construction of pedestrian Pedestrian bridge connecting
bridges Village One to Village Five,
Village One to Village Two and
Villaqe Five to Village six
*Removal of temporary "Temporary Roadway" (Santa
improvements Madera Avenue between Telegraph
. *Restoration of the area to Canyon Road and Morgan Hill
original conditions Drive
*Construction of full street Permanent public road connecting
improvements Filmore Street to East Orange
Avenue
*Construction of full Transit stop facilities in
improvements Villages One and Five
*Acquisition/Dedication of Poggi Canyon Channel (onsite and
offsite drainage easement offsite) and detention basin
*Construction and maintenance
(prior to City acceptance)
*Construction and maintenance Telegraph Canyon Channel
(prior to City acceptance) detention basin
*Acquisition/Dedication of Poggi Canyon Sewer Interceptor
offsite sewer easement (onsite and offsite)
*Upgrading of the existing Poggi
Canyon Interceptor required to
accommodate C,V.T, 96-04 flows
*Construction of the
improvements required to connect
C.V.T 96-04 to the existing
Poggi Canyon sewer improvements
(near I-BOS)
*Installation of interconnect Traffic signals along Telegraph
wiring Canyon Road at the intersections
with St. Claire Drive, Otay
Lakes Road and Paseo Ranchero
*Construction of full Open space lots
landscaping and irrigation
improvements
*Construction of full trail Regional trail system
improvements
,r/ 5- '1-3
, SCHEDULE "1"
~, ~
Security satisfactory to the City shall be provided for the above
backbone facilities when thei:ë construction is triggered as
identified in the approved Improvement Phasing Schedule.
In addition to the foregoing, security satisfactory to the City
shall be provided to guarantee the construction of the following
First Phase Backbone Facilities:
1) One-half of the improvements in East Palomar Street
between Paseo Ranchero and La Media including the two full traffic
circles in Village One prior to approval of the first "B" Map for
Village One.
2) The remaining improvements in East Palomar Street within
Village One at the time the trigger point is reached in the PFFP
for the corresponding "B" Map.
3) Full improvements in East Palomar Street between La Media
and East Orange Avenue in Village Five at the time the trigger
point is reached in the PFFP for the corresponding "B" Map.
4) Fair share of full improvements for the pedestrian bridge
connecting Village One to Village Five and fair share of one half
of the improvements for the pedestrian bridges connecting Village
One to Village Two and Village Five to Village Six, prior to the
approval of the first final "B" Map.
The amount of the security for the above noted improvements shall
be 110% times a construction cost estimate approved by the City
Engineer if improvement plans have been approved by the City, 150%
times the approved cost estimate if improvement plans are being
processed by the City or 200% times the construction cost estimate
approved by the City Engineer if improvement plans have not been
submitted for City review. A lesser percentage may be required if
it is demonstrated to the satisfaction of the City Engineer that
sufficient data or other information is available to warrant such
reduction.
SCHOOLS
no. Prior to the approval of the first final "B" Map, the
applicant shall prepare and submit an application for an amendment
to the Otay Ranch General Development Plan replacing the Village
Seven High School location with a site in either the area west of
Paseo Ranchero in Village One or the northern portion of Village
Two. The applicant shall enter into a supplemental agreement prior
to approval of the first final map in which applicant agrees to the
following: The City shall not issue building permits for more than
1,400 units within SPA One until the City has acted on the proposed
plan amendment unless the District consents to the further issuance
of such permits, The Applicant shall deliver to the School District
a graded high school site including utilities provided to the site
and an all weather access road acceptable to the District prior to
issuance of the 2,650th building permit (504 students) or upon
written request by the District not prior to 1,800 permits. The
all weather access road shall also be acceptable to the Fire
I SCHEDULE "I" 5 - Lff
~
Department. This schedule is subject to modification by the School
District as based on District facility needs,
111. The Applicant shall deliver to the School District, a graded
elementary school site including utilities provided to the site and
an all weather access road acceptable to the District, located
within Village One, prior to issuance of the SOOth residential
building permit (150 students). The all weather access road shall
also be acceptable to the Fire Department. This schedule is
subject to modification by the School district as based on District
facility needs.
112. The Applicant shall deliver to the School District, a graded
elementary school site including utilities provided to the site and
an all weather access road acceptable to the District, located
within Village Five, prior to issuance of the 2,500th residential
building permit (750 students). The all weather access road shall
also be acceptable to the Fire Department. This schedule is
subject to modification by the School District as based on District
facility needs.
113. The applicant shall deliver to the school District, a graded
elementary school site including utilities provided to the site and
an all weather access road acceptable to the District, located west
of Paseo Ranchero, prior to issuance of the 4,500th residential
building permit (1,350 students). The all weather access road
shall also be acceptable to the Fire Department. This schedule is
subject to modification by the School District as based on District
facility needs.
MISCELLANEOUS
114. Include in the Declaration of Covenants, Conditions and
Restrictions (CC&R's) provisions assuring maintenance of all
streets, driveways, drainage and sewage systems which are private,
The City of Chula Vista shall be named as party to said Declaration
authorizing the City to enforce the terms and conditions of the
Declaration in the same manner as any owner within the subdivision.
The CC&R's shall also include language which states that any
proposal by the HOA for dedication or conveyance for public
purposes of land used for private streets will require prior
written approval of 100% of all the Homeowners' Association
members.
115. Submit copies of Final Maps and improvement plans in a digital
format such as (DXF) graphic file prior to approval of each Final
Map. Provide computer aided Design (CAD) copy of the Final Map
based on accurate coordinate geometry calculations and submit the
information in accordance with the City Guidelines for Digital
Submittal in duplicate on 5-1/4" HD or 3-1/2" disks prior to the
approval of each Final Map.
116. Tie the boundary of the subdivision to the California System
-Zone VI (1983).
117, Prior to approval of the first final map within each Village,
the developer shall submit and obtain the approval of the City of
I
) SCHEDULE "1" 5- Lf5
,---
a master final map ("A" Map) over the portion of the tentative map
within each Village area showing "super block" lots corresponding
to the units and phasing or combination of units and phasing
thereof. Said "A" map shall also show the backbone street
dedications and utility easements required to serve the "super
block" lots. All "super block" lots created shall have access to
a dedicated public street. Said "A" map shall not be considered
the first map as indicated in other conditions of approval unless
said map contains single or multiple family lots or a subdivision
of the multiple family lots shown on the tentative map. A lot line
adjustment, if utilized in accordance with City standards and
procedures, shall not be considered the first "A" Map.
The subsequent development of a multiple 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.
Construction of non-backbone streets adjacent to multiple family
lots will not need to be bonded for with the final "A" Map which
created such lot. However, such improvements will be required to
be constructed under the Municipal Code provisions requiring
construction of street improvements under the design review and
building permit issuance processes.
In the event of a filing of a final map which requires oversizing
(in accordance with the restrictions of state law and City
ordinances) of the improvements necessary to serve other
properties, said final map shall be required to install all
necessary improvements to serve the project plus the necessary
oversizing of facilities required to serve such other properties,
118. Signage shall be provided at Bouquet Canyon Drive and the
pedestrian paseo in Village Five and at Stanislaus Drive and the
pedestrian paseo in Village One which alerts motorists to a
pedestrian mid-block crossing. A signage plan indicating the
location and content of said signs shall be reviewed and approved
by the Planning Director prior to approval of the appropriate final
"B" Map, as determined by the Planning Director and City Engineer.
119. The Applicant shall secure approval of a Master Precise Plan
for the Village One and Village Five Core Areas, prior to
submitting any development proposals for commercial, multi-family
and Community Purpose Facility areas within the SPA One Village
Cores.
120. Pursuant to the provisions of the Growth Management Ordinance
(Section 19.09 of the CVMC) and the Otay Ranch General Development
Plan (GDP) , the Applicant shall complete the following: (1) Fund
the preparation of an annual report monitoring the development of
the community of Otay Ranch, The annual monitoring report will
analrze the supply of, and demand for, public facilities and
servJ.ces 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
SCHEDULE "1" 5 - L)/¡;
I
,-,
(2) Prepare a five year development phasing forecast identifying
targeted submittal dates for future discretionary applications
(SPAs and tentative maps), projected construction dates,
corresponding public facility needs per the adopted threshold
standards, and identifying financing options for necessary
facilities.
121. The owners of each Village shall be responsible for retaining
a project manager to coordinate the processing of discretionary
permit applications originating from the private sector and
submitted to the City of Chula Vista. The project manager shall
establish a formal submittal package required of each developer to
ensure a high standard of design and to ensure consistency with
standards and policies identified in the adopted SPA Plan. The
project manager shall have a well rounded educational background
and experience, including but not limited to land use planning and
architecture.
122. The applicant shall submit copies of any proposed CC&R's for
review and approval by the Director of Planning and the City
~ngineer prior to approval of each final "B" Map.
123. Fully accessible handicap access shall be provided at the ends
of the following cul-de-sacs: Arteria Street, Glendora Court,
Calistoga Avenue, Monte Sereno Avenue, Antioch Avenue, Coalinga
Court, Westmoreland Street, Cordelia Street, Iowa Hill Court, Live
Oak Street, Marion Court, Lodi Court, Larkspur Court, Santa Lucia
Road, Parker Mountain Road, Geyserville Street, Escalon Court,
Sheep Ranch, Meeks Bay Drive, Harrills Mill Avenue and Volcano
Creek Road,
Access via stairs shall be provided at the ends of the following
cul-de-sacs: Stanislaus Drive, Amador Street, Woods ford Court,
Lockeport Court, Clovis Court, Millbrae Court, Mayfield Court,
Cache Creek Road, Jedediah Road, Kingsburg Avenue, and Lassen Peak
Street
124. The CPF-2 site located within Village One, shall be considered
a floating designation and shall be located in Neighborhood R-15,
Project design for this site will be submitted, reviewed and
approved by the Director of Planning concurrently with the Precise
Plan for this area.
125. If developer desires to do certain work on the property after
approval of the tentative map but prior to recordation of the
applicable final "B" Map, they may do so by obtaining the required
approvals and permits from the City. The permits can be approved
or denied by the City in accordance with the City's Municipal Code,
regulations and policies. Said permits do not constitute a
guarantee that subsequent submittals (Le., final "B" Map and
improvement plans) will be approved. All work performed by the
developer prior to approval of the applicable "B" Map shall be at
developer's own risk. Prior to permit issuance, the developer
shall acknowledge in writing that subsequent submittals (Le.,
final "B" Map and improvement plans) may require extensive changes,
at developers cost, to work done under such early permit. The
-'" SCHEDULE "1" 5 - Lf?
--~~--~
..... -
developer shall post a bond or other security acceptable to the
City in an amount determined by the City to guarantee the
rehabilitation of the land if the applicable final "B" Map does :lot
record.
PHASING
126. If the applicant modifies the SPA One approved phasing plan,
the applicant shall submit to the City a revised phasing for review
and approval prior to approval of the first final þ~ Map. The
PFFP shall be revised where necessary to reflect the revised
phasing plan
127. If phasing is proposed wi thin an individual map or through
multiple final maps, the developer shall submit and obtain approval
for a development phasing plan by the City Engineer and Director of
Planning prior to approval of any final map. Improvements,
facilities and dedications to be provided with each phase or unit
of development shall be as determined by the City Engineer and
Director of Planning. The City reserves the right to require said
improvements, facilities and/or dedications as necessary to provide
.adequate circulation and to meet the requirements of police and
fire departments. The City Engineer and Planning Director may, at
their discretion, modify the sequence of improvement construction
should conditions change to warrant such a revision,
128. The Public Facilities Finance plan or revisions hereto shall
be adhered to for the SPA and tentative map with improvements
installed in accordance with said plan or as required to meet
threshold standards adopted by the City of Chula Vista. The PFFP
identifies a facility phasing plan based upon a set of assumptions
concerning the location and rate of development within and outside
of the project area, Throughout the build-out of SPA One, actual
development may differ from the assumptions contained in the PFFP
(Le., the development of EastLake III). Neither the PFFP nor any
other SPA One document grant the Applicant an entitlement ;:0
develop as assumed in the PFFP, or limit the SPA One I s facility
improvement requirements to those identified in the PFFP.
Compliance with the City of Chula Vista threshold standards, based
on actual development patterns and updated forecasts in reliance on
changing entitlements and market conditions, shall govern SPA One
development patterns and the facility improvement requirements to
serve such development. In addition, the sequence in which
improvements are constructed shall correspond to any future Eastern
Chula Vista Transportation Phasing Plan or amendment to the Growth
Management Program and Ordinance adopted by the City. The City
Engineer may modify the sequence of improvement construction should
conditions change to warrant such a revision. Concurrent with the
approval of the first final map approved after the PFFP for the
EastLake III GDP Area, the Applicant shall update, at the
Applicant's expense and subject to a Reimbursement Agreement, the
SPA 1 PFFP and agrees that the City Engineer may change the timing
of construction of the public facilities, including without
limitation, the nature, sizing, extent and timing for the
construction of public facilities caused by SPA One, shall become
a condition for all subsequent SPA One entitlements, including
tentative and final maps.
'l SCHEDULE "1" - if-S
~c
CODE REQUIREMENTS
129. 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 Chula Vista Subdivision Ordinance and Subdivision
Manual.
130. Underground all utilities within the subdivision in accordance
with Municipal Code requirements.
13 1. 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-125 impact fee,
e. Telegraph Canyon Sewer Basin DIF.
f, Poggi Canyon Sewer Basin DIF as may be adopted by the
City in the ruture,
g. Telegraph Canyon Basin Drainage DIF,
h. Reimbursement District ror Telegraph Canyon Road Phase 2
Undergrounding.
i. Otay Ranch Reserve Fund ree.
Pay the amount or said rees in errect at the time or issuance
or building permits.
132. Comply with all relevant Federal, State, and Local
regulations, including the Clean Water Act. The developer shall be
responsible ror providing all required testing and documentation to
demonstrate said compliance as required by the City Engineer,
133. Ensure that prospective purchasers sign a "Notice or Special
Taxes and Assessments" pursuant to Municipal Code Section 5.46.020
re~arding projected taxes and assessments. Submit disclosure rorm
ror approval by the City Engineer prior to Final Map approval.
134, Comply with Council Policy No. 570-03 if pump stations ror
sewer purposes are proposed.
135. Comply with Council Policy No. 522-02 regarding maintenance or
natural channels within open spaces.
136. The applicant shall comply with all aspects or the City or
Chula vista Landscape Manual,
. I 5-'-19
!/ l~ SCHEDULE "1"
I
c_---
'""'- ,-,
~37. The Applicant: shall comply with Chapter ~9.09 of the Chula
Vista Municipal Code (Growth MaLagement) as may be amended from
time to time by the City. said chapter includes but is not limited
to: threshold standards (19.09,0~), public facilities finance plan
implementation (19.09.090), and public facilities finance plan
amendment procedures (19.09.100).
The applicant acknowledges that the City is presently in the
process of amending its Growth Management Ordinance to add a
proposed Section 19.09.105, to establish provisions necessary to
ensure compliance with adopted threshold standards (particularly
traffic) prior to construction of State Route 125. Said provisions
will require the demonstration, to the satisfaction of the City
Engineer, of sufficient street system capacity to accommodate a
proposed development as a prerequisite to final map approval for
that development, and the applicant hereby agrees to comply with
adopted amendments to the Growth Management Ordinance.
138. Upon submittal of building plans for small lot single family
(5,000 square feet: or less as defined in the City of Chula Vista
Design Manual) residential development, plans shall clearly
'indicate that 750 square feet of private open space will be
provided.
139. The applicant shall apply for and receive a take permit from
the appropriate resource agencies or comply with an approved MSCP
or other equivalent: 10(a) permit applicable to the property,
140. All proposed development shall be consistent with the Otay
Ranch SPA One Planned Community District Regulations.
GUARDED AREAS
141. The following locations as proposed by the applicant are
authorized for guarded entrances: Santa Ynez Avenue and Santa
Lucia Road in Village One, including the multi-family neighborhoods
R-20 and R-21; Santa Rosa Drive and Santa Paula Drive in Village
Five. Emergency access locations are authorized at Morgan Hill
Drive between R-IO and R-ll in Village One, and Bouquet Canyon Road
between R-24 and R-25 in Village Five.
142. Guarded entrances shall not have physical barriers and shall
be staffed from dusk until dawn.
1.43, Parks located within guarded areas shall not receive park
credit.
144. All streets within guarded areas shall be designated as
private. Design of said streets shall meet the City standards for
public streets unless otherwise approved by the' City Engineer,
Private street cross sections shall conform to those shown on the
Tentative Map,
1.45. All private streets shall be included in separate lots. The
applicant shall provide a certificate granting to the City a public
utility easement over the entire private street lots on the
appropriate Final "B" Map.
/ SCHEDULE ''In 5~50
146. Guarded entrances shall:
a. Require approval by the City Engineer and the Planning
Director.
b. Provide sufficient room on the private roadway to queue
without interrupting traffic on public streets.
c. Provide a turn around. The size and location of said
turn around shall be approved by the City Engineer.
d. Provide a clearly delineated border between public and
private streets through the use of distinctive pavements.
e. Provide a dedicated parking space for the gate attendant.
f. Be equipped with a video camera to record entering and
exiting vehicles.
147. The CC&R's shall prohibit "speed bumps" on private streets.
The CC&R' s shall also include language which states that any
proposal by the HOA to delete staffing or to allow" speed bumps" in
the future shall require prior written approval of 100% of all the
Homeowner's Association members.
148, Physical barriers shall be prohibited at the entrances to
guarded areas unless specifically approved by City Council.
149, Emergency entrances shall be provided with mechanical gates
and an "Opticom" system, or some other automated system with backup
and/or fail safe features acceptable to the Police and Fire Chief.
150. Prior to approval of any "B" Map proposing private streets,
the applicant shall initiate and complete the process enabling the
City to enforce the California Vehicle Code on said private
s~reets.
151. The MEOA shall be responsible for the maintenance and
operation of all facilities within the common areas and streets
behind the guarded entrance. The facilities to be maintained
include, but are not limited to, pavements, sidewalks, street
trees, street lights including energy, street sweeping, private
drainage facilities and landscaping of private common areas, The
only facilities to be maintained by the City are mainline sewers
and public concrete drainage facilities (Le., pipes and catch
basins).
152. Future property owners shall be notified during escrow, by a
document to be initialed by the owners, and approved by the City
Engineer and Director of Planning, of the maintenance
responsibilities of the MEOA and their estimated annual cost,
SCHEDULE "1" 6-5/
.---.--.-.. -..-,-.---...
If, £
OTA Y RANCH SPA ONE
FINAL MAP APPROVAL DATES
Developer Parcel Owner Engineer D.Us EDUs
McMillin
Phs.II
221 EDUs deferred
H:\HOMEIENGINEER\LANDDEVlOT A YRNCH\triggers\OT A Y RANCH SPA ONE.doc 5-5;)-
:>
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL "B" MAPS FOR CHULA
VISTA TRACT 96-04, OTAY RANCH SPA ONE, VILLAGE
5, UNITS 3, 5 AND 6 (PORTIONS OF NEIGHBORHOODS
R-35, R-36 AND R-38), ACCEPTING ON BEHALF OF
THE CITY OF CHULA VISTA THE ASSIGNABLE AND
IRREVOCABLE GENERAL UTILITY AND ACCESS
EASEMENTS ON SAID MAPS WITHIN SAID
SUBDIVISION, AND APPROVING THREE "B" MAP
SUBDIVISION IMPROVEMENT AGREEMENTS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
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 96-04, OTAY RANCH VILLAGE 5, UNIT 3,
and more particularly described as follows:
Being a Subdivision of Lots 16, 17 and "E" of Otay Ranch
Village 5 "A" Map No. 1, Chula vista Tract No. 96-04, as
shown on Map No. 13615, in the City of Chula vista,
County of San Diego, State of California, filed in the
office of the County Recorder of San Diego County on
August 12, 1998.
Area: 5.043 acres No. of Lots: 24
Numbered Lots: 19 Lettered Lots: 5
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 Assignable and Irrevocable General
utility and Access Easements, all as shown on said map within this
subdivision.
BE IT FURTHER RESOLVED that the city Clerk of the city of
Chula vista be, and 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 is 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.
1
5-53
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the 4th day of January, 2000, 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 the City council of the city
of Chula vista hereby finds that that certain map survey entitled
CHULA VISTA TRACT 96-04, OTAY RANCH VILLAGE 5, UNIT 5, and more
particularly described as follows:
Being a Subdivision of Lots 9, 10 and Lot "C" of Otay
Ranch Village 5 "A" Map No. 1, Chula vista Tract No. 96-
04, as shown on Map No. 13615, in the City of Chula
Vista, County of San Diego, State of California, filed in
the office of the County Recorder of San Diego County on
August 12, 1998.
Area: 3.522 acres No. of Lots: 21
Numbered Lots: 15 Lettered Lots: 6
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the Assignable and Irrevocable General
utility and Access Easements, all as shown on said map within this
subdivision.
BE IT FURTHER RESOLVED that the city Clerk of the city of
Chula vista be, and 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 is 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 that certain Subdivision
Improvement Agreement dated the 4th day of January, 2000, 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 the City Council of the City
of Chula vista hereby finds that that certain map survey entitled
CHULA VISTA TRACT 96-04, OTAY RANCH VILLAGE 5, UNIT 6, and more
particularly described as follows:
2
5-5'1-
Being a Subdivision of Lots 12, 13 and "F" of Otay Ranch
village 5 "A" Map No. 1, Chula Vista Tract No. 96-04, as
shown on Map No. 13615, in the city of Chula vista,
County of San Diego, State of California, filed in the
office of the County Recorder of San Diego County on
August 12, 1998.
Area: 4.376 acres No. of Lots: 32
Numbered Lots: 23 Lettered Lots: 9
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the Assignable and Irrevocable General
Utility and Access Easements, all as shown on said map within this
subdivision.
BE IT FURTHER RESOLVED that the city Clerk of the City of
Chula vista be, and 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 is 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 that certain Subdivision
Improvement Agreement dated the 4th day of January, 2000, 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 the Mayor of the city of
Chula vista be, and 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
æ~ '~~~"
John P. Lippitt, Director of John lJ:K heny, City J
Public Works Attorney
H, \home\attorney\re,o\village5. 356
3
5-55
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chu1a 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
~~ ,~ói'~by and between THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City", and OTAY RANCH
V-2, LLC, a Delaware Limited Liability Company, 3820 Valley Centre
Drive, San Diego, CA 92130-2331, 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 Chu1a vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as Otay
Ranch Village 5, unit No. 3, (Portion of R-35), CVT 96-04, 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 Chu1a 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 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
1
4i"5
-- ~----- -------------,..----
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. 18398, approved on the 19th day of
November, 1996 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the city Engineer, as
shown on Drawings Nos. 98-551 through 98-548 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 Hundred
Ninety-Two Thousand Dollars and No Cents ($192,000.00).
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 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 will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
2
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement 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, a cash bond in the sum of Ninety-Six Thousand Dollars
and No Cents ($96,000.00) 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 from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of Ninety-Six Thousand Dollars and No Cents ($96,000.00) 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 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, a monumentation bond in the sum of Two Thousand Eight
Hundred Dollars and No Cents ($2,850.00) 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
3
- ---- ----~---------,---
- ---------
completion by the city Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the city of Chula vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the State
Subdivision Map Act and the provisions of Title 18 of the Chula
Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by city and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. Indemnification. Developer further understands and
agrees that city, (as "Indemnitee") or any officer or employee
thereof, shall not be liable for any bodily injury, death, or
property damage, including thereto hazardous materials and property
4
takings claims occasioned by reason of the acts omissions of
Developer, its subcontractors or suppliers, its agents or
employees, or Indemnitee (which are not the result of Indemnitee's
sole negligence or willful misconduct), related to the construction
of the Improvement Work. Developer further agrees to defend,
indemnify, protect and hold the Indemnitee, its officers and
employees, harmless from any and all claims, demands, causes of
action, liability, costs and expense (including without limitation,
reasonable attorney's fees) or loss for bodily injury, death or
property damages, including thereto hazardous materials and
property takings claims because of or arising out of Developer's
construction of the Improvement Work or the acts or omissions of
Developer, its subcontractors or suppliers, its agents or
employees, or Indemnitee, related thereto; provided, however, that
Developer shall have no obligation to indemnify, defend, protect or
hold Indemnitee or any officer or employee thereof harmless from
any such losses, claims, demands, causes of action, liability,
damages, costs or expenses which arise out of the sole negligence
or willful misconduct of the Indemnitee or any officer or employee
thereof. Developer further agrees to defend, indemnify, protect
and hold the Indemnitee, its officers and employees, harmless from
any and all claims, demands, causes of action, liability, cost and
expense (including without limitation, reasonable attorney's fees)
made or incurred by such third parties pursuant to or arising out
of contracts entered into by such third parties with or on behalf
of Developer or its successors, assigns or agents concerning
construction of the Improvement Work provided, however, that
Developer shall have no obligation to indemnify, defend or hold
Indemnitee or any officer or employee thereof harmless from any
such losses, claims, demands, damages, causes of action, liability,
costs and expenses to the extent that they have arisen due to the
sole negligence or willful misconduct of Indemnitee or any officer
or employee thereof. The improvement securities referred to above
shall not cover the provisions of this paragraph. Such
indemnificatiön and agreement to hold harmless shall extent to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of construction of the Improvement Work as provided
herein. It shall also extend to damages resulting from diversion
of waters, change in the volume of flow, modification of the
velocity of the water, erosion or siltation, or the modification of
the point of discharge as the result of construction of the
Improvement Work. The approval of plans for the Improvement Work
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 said work and related improvements. 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 Improvement Work.
14. Subdivider agrees to defend, indemnify, and hold harmless
5
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.
(NEXT PAGE IS SIGNATURE PAGE)
6
SIGNATURE PAGE TO
SUBDIVISION IMPROVEMENT AGREEMENT
OTAY RANCH VILLAGE 5, UNIT NO. 3
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 V-2, LLC, a Delaware
Limited Liability Company
~ ~~,
Mayor of the City of Chula
Vista \!ìu (/(I2-c",',Jt.A.1-
ATTEST
City Clerk
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
7
ALL-PURPOSE ACKNOWLEDGMENT
ra _a_._a- --.-_a-a_a__.. -a-a_._.. -',
a State OfCa1i~, ,} .
t County of ~ ~ 55. I
t On~~~Q.C¡. qq.D¡ before me, ~LI)V'\ f'Ja.vÌ-R~ \lOí-k,n "
(DATE) r ~ ~ - (NOTARY)
i personally appeared \c1 W I Ý\ i
'I~
i ~rsonally known to me - OR- 0 proved to'me on the basis of satisfactory i
a evidence to be the person(s) whose name(s) a
t islare subscribed to the within instrument and ,
a acknowledged to me that helshelthey executed a
t - the same in hislherltheir authorized t
I "p",i<y(i,,). ~d tho< by bi./he</Ihe" "
,I. DAWN MARIE NDRTDN signature(s) on the instiument the person(s),
-~ Co.,,"""" ~ " "" on"'" upon bob"'f of wb"b th, I
(ß NOTAAY PUBLIC-CALIFORNIA
"v C':~~ f~:~.C~:;'h200! - person(s) acted, executed the instrument.
,
SS my hand and official seal. 1
.1 i
I OPTIONAL INFORMATION I
I ""-"""'--""".""""",,'----,,...--
edgment to an unauthorized document
CAPACITY CimmD BY SIGNER (PRINCIPAL) DESCRIPTION OF A'lTACBED DOCUMENT t
t 0 INDIVIDUAL t
i )£3 CORPO\h;~~ k-k 3
t 0 PARTNER(S) t
i 0 ATTORNEY-IN-FACT 9 i
0 TRUSTEE(S) NUMBER OF PAGES
i 0 GUARDIANICONSERVATOR i
0 OTHER:
a a
t ~\~ t
a DATE OF DOCUMENT a
I "CN"" """""""C, I
t NAME OP PBRSON(S) OR ENTIl'Y(IES) ~ \",
a OrnER J
La_a_a_a__._a- - a - _a--a -a_a-a_a -a-a
APA 1194 VAILEY-8lERRA, 800.362-3369
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $96, 000
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $96,000
Exhibit "c" Improvement Security - Monuments:
Form: Bond
Amount: $2,850
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
H, \home\attorney\sia\OR. 3
8
_._------------~.._- -- ------.-.--
~
"EXECUTED IN TRIPLICATE"
,bhibj} It
File No.:
BOND FOR FAITHFUL PERFORMANCE Bond No.: SDOO083424
(To Be Used Prior to Approval of Subd.Ívision Improvement Agreement) Premium: $2,880.00
<.c... .. .... co_.,
WHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of California,
and OTAY RANCH V LLC A DELAWARE LIMITED LIABILITY COMPANY (hereinafter "Principal")
desire to enter into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement")
whereby Principal agrees to install and complete certain designated public improvements for the project
known as OTAY RANCH VILLAGE 5 UNIT 3 (Por of R-3';) r.V'I' Q/i-O4 ; and
WHEREAS, Principal desires to commence construction of said public improvements prior to
approval of said Agreement by the City Council of the City of Chula Vista; and,
WHEREAS, the City of Chula Vista, C~ty of San Diego, State of California, has issued to
Principal Construction Permit No, ~ (2. PCl¡~')...(hereinafter referred to as "Permit") for the
public improveme~work as set forth in more detail on City of Chula Vista Drawing Nos, q \(- rt/i ¡<ß
through 1"- , 5 I , regarding construction of said public improvements, which Permit is hereby referred
to and made a part hereof; and,
WHEREAS, said Principal is required under the terms of said Permit to furnish a bond for faithful
performance of said Permit. /1 Î 1// J)
NOW THEREFORE, we, the Principal and FRONTIER PACIFIC INSURANCE COMPANY
, a corporation of the State of
CALIFORNIA , (hereinafter "Surety"), are held and firmly bound unto the City of Chula
Vista, a municipal corporation (hereinafter "City") in the County of San Diego, State of California, and
to and for the benefit of ant and all ¡£ersons. who may suffer damages by breach of the conditions hereof,
in the penal sum of NINET SIX T USAND AND NO!100ths dollars, ($ 96,000.00 ),lawfulmoney
of the United States, for the payment of which sum 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-bound Principal, his or its heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the terms, covenants, conditions, and provisions of said Permit and a subsequent Agreement and
any alteration 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 City, its officers, agents and employees, as therein stipulated, then this
obligation shall become null and void; otherwise, it shall be and remain in full force and effect,
As 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
City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment
rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to
the terms of the Permit or 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 Permit or to the work or to the
specifications,
-------- -------_-c ------------------------
In addition to the acts bonded for pursuant to the Permit incorporated above, the following acts and
performances are additionally subject to the terms of this bond:
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
above named, on November I, ,19..22...'
OTAY RANCH V LLC
A DELAWARE LIMITED LIABILITY COMPANY . FRONTIER PACIFIC INSURANCE COMPANY
Name of Principal (Applicant) Name of Surety Company
BY¡~~~~ B~~~~~
^ ~ vJ' r-...
By Ii \, p l?t<"'> \r\L"'-"-\- 4250 Executive Square #200
Address of Surety Company
SDOO083424 La Jolla, CA 92037
Bond/Policy No. City State Zip Code ,.
ABOVE-SIGNATORIES MUST BE NOTARIZED
~
Bond/Policy No.: SDOO083424
Principal OTAY RANCH V LLC A DELAWARE LIMITED LIABILITY COMPANY
Amount $96,000
In Favor of City of Chula Vista
This bond, submitted for PERFORMANCE ,
covers construction of public improvements, if any, both prior to and subsequent to, City approval of
Principal's Subdivision Improvement Agreement as to the project known as
OTAY RANCH VILLAGE 5 UNIT 3 (POR OF R-35) CVT 96-04
This Rider is Effective November 1, 1999
~~" ro~,,"
VICTORI M CAMPBELL, ATTORNEY IN-FACT
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
-~~Ty¡ ~c ~1~
City A: y H: IHOMEIENGINEER ILANDDEV\FORMSIFP _BOND.RID
State of California
County of Orange
On November I. 1999 before me, - Janina Monroe, Notary Public ,
DATE NAME. TITLE OF OFFICER. E.G.. 'JANE OOE. NOTARY PUBUc-
personally appeared Victoria M. Campbell ***********
NAME(S) OF SIGNE~)
GJ personally known to me - œ - D ~~~isfa~"œ to be the
person(s) whose name~ is/ana subscribed to the within
instrument and acknowledged to me that Jbe/she/Ibç
executed the same in .,her/mJr authorized capacity(jijS) ,
and that byJdú¡/her/tkœiJx:signature(:s) on the instrument the
person(:s), or the entity upon behalf of which the perso~
-~ JANINA MONROE acted, executed the instrument.
~ ~ .' Commission # 1185265
'" Notary Public - Calirc:mla Sm hand and official seal.
My Orange county
Canrn. ~ 1vby:Ð, 3X z ~lJ,~L~
SIGNATURE OF NOTARY
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 ATTACHED DOCUMENT
DINDIVIDUAL
DCORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
DPARTNER(S) DUMITED
DGENERAL
[!]ATTORNEY-IN-FACT NUMBER OF PAGES
DTRUSTEE(S)
DGUARDIAN/CONSERV A TOR
DOTHER: DATE OF DOCUMENT
SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE
NAME OF PERSON(S) OR ENTITYIIES)
ALL-PURPOSE ACKNOWLEDGMENT
r. -.-.-.-. -.-.-.-.-.-.-.-.-.-.-.-. -',
! ~:~::f o~a~ Dif¿~ . } 58. t
, On~J:xæ ó) /qq9 before me, J) <:3~ , t
. (DATE) "Q A1\ '\ n (\ J V"'I ) I\J (NOTARY) .
, personally appeared UU "-.)f.-- t-..UW SIGNeR(S) ,
. .
t ~ personally known to me - OR- 0 proved to me on the basis of satisfactory t
. evidence to be the person(s) whose name(s) .
t is/are subscribed to the within instrument and t
. acknowledged to me that helshe/they executed.
, the same in his/her/their authorized'
. capacity(ies), and that by his/herltheir ¡
t signature(s) on the instrument the person(s), ,
. or the entity upon behalf of which the ,.
, D STRAUS ~ person(s) acted, executed the instrument.
. Com",. "1137361 .
, TARY<UBlIC . CAi.IFORNI ,
, IAN DIEGO COUNTY ,
¡ oom.... Ex¡~ May 11. 2001 .. WTTNESS my hand and official seal. ¡
¡ ~ ¡
¡ NOTARY'S SIGNATURE ¡
. OPTIONAL INFORMATION .
t The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- t
. edgment to an unauthorized document. .
, CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT'
¡Q~~ ¡
! ~r.1tRA~OFl1CER ~)Q &n¿¿ !
, 2Q. rfaJJdollt TITLE OR TYPE OF DOCUMENT ,
'TITLB(S) ,
¡ 0 PARrnER(S) ¡
. 0 ATTORNEY-IN-FACT ¿;¿ .
t 0 TRUSTEE(S) NUMBER OF PAGES t
., 0 GUARDIAN/CONSERVATOR ¡
0 OTHER: ,
,. rùôW1\1.me rJ J 0, °l1 ¡
DATE OF UMENT ,
. .
t SIGNER IS REPRESENTING: t
¡ NAME OF PERSON(S) OR ENTITY(IES) . &7) ,
L._._._.-.-.-.-. _._~~ ~q¿ ~ 2.££'.J
APA 1/94 VAU.EY-SIERRA, 800-362.3369
~
"EXECUTED IN TRIPLICATE"
B Xhi bi+- f;>
File No.:
BOND FOR MATERIAL AND LABOR Bond No,: SDOO083424
(To Be Used Prior to Approval of Subdivision Improvement Agreement) Premium: INCLUDED IN
PERFORMANCE
WHEREAS, the Ci~ Council of the Ciy: of Chula Vista, County of San Diego, State of
California, and OTAY RANCH LLC A DELAWARE IMITED I ILITY (hereinafter "Principal")
desire to enter into a Subdivision Improvement Agreement ereinafter referred to as "Agreement")
whereby Principal agrees to install and complete certain designated public improvements for the project
known as OTAY RANCH VILLAGE 5 UNIT 3 (POR OF R-35) CVT 96-04 ; and
WHEREAS, Principal desires to commence construction of said public improvements prior to
approval of said Agreement by the City Council of the City of Chula Vista; and,
WHEREAS, the City of Chula Vista, ~ty of San Diego, State of California, has issued to
Principal Construction Permit No. c; (j 2-<¡ (hereinafter referred to as "Permit") for the
public improvement ~rk as set forth in more detail on City of Chula Vista Drawing Nos. '11', S" ¥ 9 R..~
through "",. rrl ~, , regarding construction of said public improvements, which Permit is hereby
referred to and made a part hereof; and, i
WHEREAS, under the terms of said Permit, 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), Part 4,
Division 3, of the Civil Code of the State of California,
NOW THEREFORE, said Principal and FRONTIER PACIFIC INSURANCE COMPANY
, a corporation of the State of
CALIFORNIA , (hereinafter "Surety"), are held and firmly bound unto the City of ChuIa
Vista, a municipal corporation (hereinafter" City") in the County of San Diego, State of California, . and
all contractors, subcontractors, laborers, materialmen and other persons employed in the performance
of the aforesaid Permit and referred to in the aforesaid Code of Civil Procedure in the sum of
NINETY SIX THOUSAND AND NO/IOOths -------- dollars, ($ 96,000.00 ), lawful money of the
United States, for materials furnished or labor thereon of any kind, 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 City 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), Part 4, 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.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition
to the terms of the Permit or 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 Permit or to the work or to the
specifications,
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
above named, on November I, ,19~.
OTAY RANCH V LLC
A DELAWARE LIMITED LIABILITY COMPANY
:= m PriOOpd ~ By ~
~ ~ vV"~ VICTORIA M CAMPBELL, ATTORNEY-IN-FA T
By \J \ ( " Or-Þ .., \ r).e-^-- t- 4250 Executive Sauare #200
Address of Surety Company
SDOO083424 La Jolla. CA 92037
BondlPolicy No, City State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
.........
BondlPolicy No.: SDOO081424
Principal OTAY RANCH V LLC A DELAWARE LIMITED LIABILTY COMPANY
Amount $96,000
In Favor of City of Chula Vista
This bond, submitted for LABOR & MATERIAL '
covers construction of public improvements, if any, both prior to and subsequent to, City approval of
Principal's Subdivision Improvement Agreement as to the project known as
OTAY RANCH VILLAGE 5 UNIT 3 (POR OF R-35) CVT 96-04
This Rider is Effective November I, 1999
N~""'" ""'" """"'" roM"'"
By {~~,.(~
ABOVE-SIGNATORIES MUST BE NOTARIZED " mæ 1m
!II ij ¡ l¡:L_¿ ¿ I n .II n ¡¡.Mil!, ¡In
APPROVED AS TO FORM:
MSY\K~~
City A H: IHOMEIENGINEERILANDDEV\FORMS\M&L _BOND.RID
.State of California
County of Orange
On NovembeT I. 1999 before me, '-, Janina Monroe, Notary Public
DATE NAME. TITLE OF OFFICER - E.G.. "JANE OOE. NOTARY PUBLIC'
personally appeared Victoria M. Campbell *********** .
NAME(S) OF SIGNER(S)
[;J personally known to me - œ - 0 ~~~&tœti&fa~"œ to be the
person(s) whose name~ is/ê!!ÆI[ subscribed to the within
instrument and acknowledged to me that Jbe/she/-
executed the same in "her/Ø1{ authorized capacity($'š),
and that bymi6/her/tkœirxsignature(.s} on the instrument the
person(.s}, or the entity upon behalf of which the perso~
coJANJN~MONROE acted, executed the instrument.
mrnr"i"" # II
Notaryp"b/' , 85265
My~;;g~C~~~I~ornia ! WIT S It! hand and official seal.
f>¡:je,1.tJy~21J2 ' ~&{
OP NAL
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 ATTACHED DOCUMENT
DINDIVIDUAL
DCORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TlTLE(S)
DPARTNER(S) DUMITED
DGENERAL
[!]ATTORNEY-IN-FACT NUMBER OF PAGES
DTRUSTEE(S)'
DGUARDIAN/CONSERV A TOR
DOTHER: DATE OF DOCUMENT
SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE
NAME OF PERSON(S) OR ENTITY(IES)
ALL-PURPOSE ACKNOWLEDGMENT
r. -.-.-.-. -.-.-.-.-.-.-.-. -.-.-.-. -',
! ~:::;f :~tu~ . } 55. !
t On before me, ~ :s7f!.DU~ t
t. personally appe;;~ R..oíÙ BALOw 110 (NOTARY) .f
SIGNI!R(S)
i rtJ personally known to me - OR- 0 proved to me on the basis of satisfactory i
. r evidence to be the person(s) whose name(s) .
t is/are subscribed to the within instrument and t
.t acknowledged to me that he/she/they executed t.
the same in his/herltheir authorized
.t capacity(ies), and that by his/herltheir¡
signature(s) on the instrument the person(s), ,
., "':0: -;:;~ - A A t or the entity upon behalf. of which the .t
':,-.,::>..TRAUS i person(s) acted, executed the Instrument,
. ,..."",,11373&1 .
t 'uiOLlC.CAUFOANt t
01.:, JIEGC COUNTY ,
" .""", Exp May 11.2001 ~
. ,~/~~ - - - - , WITNESS my hand and official seal, .
t D. STRAUS ~ '
. Comm.1I11373&1 ~ .
NOTARY PU8IJC ,CAUFOAN' .
SAN DIEGO COUIOTY
t CommExp.Mayl1.2001-; J...:. ,
i ,~- - . , NOTARY'S SIGNATURE i
. OPTIONAL INFORMATION .
t The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- t
. edgment w an unauthorized document .
t CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT'
t.~~~ t.
. C R~ORA OFFI~ 1.ol1b(J~ f\ \aA&ÛoiJ &nð2 .
, ÖrCC2.-- 'rovif!Jf 1Tl1..E OR TYPE OF DOCUMENT t
rræ(s)
. .
t 0 PARTNER(S) t
. 0 ATIORNEY-IN-FACT (J .
t D TRUSTEE(S) NUMBER OF PAGES ,
., D GUARDIAN/CONSERVATOR ¡
D OTHER: ¡J ,
., ~~e~A~ .,
DATE OF DOCUME
! SIGNER IS REPRESENTING: !
t NAM!! OF peRSON(S) OR eNTITY(,"S) ,
L._._._.-.-.-.-. _._.~..§¿ c:1~:~~
APA 1/94 VAliEY-SIERRA, 800-362-3369
. ~ON""ER PACiFiC
INSURANCE COMPANY
(A C~lifmnio Company)
4250 Executive Square, Suite 200, La Jollo, California 92037
POWER OF ATTORNEY
¡~Itl1I\l All Ji1l'11 ¡Iv <II),"" ìJnos"ltt.: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office
in La Jolla, Califorma, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991,
"RESOLVED, thalthe Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys-in-
Fact to represent and act lor and on tiehalf 01 the Company to execute bonds, undertakings, rec09nizances and other contracts at indemnity
and writings obligatory m the nature Ihereof, and to attach theleto the colporate seal of the Company, in the transaction of its surety
busmess;
"RESOLVED, that the signatures and attestations 01 such olflcers and the seal o!the Company may be affixed to any such Powel at Attorney
or to any certificate ,elating theleto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures orlacsimile
seal shalf be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or othel contract at
indemnity or writing obligatory in the nature theleof,
"RESOLVED, that any such Attorney-in-Fact delivering a secletarial certification that the foregoing resolutions stilf be in effect may insertin
such certification the date thereol, said date to be not later than the date 01 delivery thereof by such Attorney-in-Fact."
This Powel 01 Attorney is signed and sealed in facsimile under and by the authority of fhe above Resolution,
DOES HEREBY MAKE, CONSTITUTE AND APPOINT' THOMAS G, MCCALL VICTORIA M. CAMPBELL
PATRICIA M. WHITE JANINA MONROE
of Costa Mesa , in the State 01 California
its tlue and lawlul AttorneYls)-in-Fact with lull powe' and authority hereby conlerled in its name, place and stead to sign, execute, acknowledge and
deliver in its behalf, and as its act and deed, without power 01 redelegation, as fallows:
Bonds guaranteeing the fidelity 01 persons holding places 01 public or private trust; guaranteeing the pe<formance 01 contracts other than
insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;
IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND 1$3,500,000,00) DOLLARS: and to bind FRONTIER PACIFIC
INSURANCE COMPANY thereby as tully and to the same extent as if such bond or undertaking was signed by the duly autl1orized officers of
FRONTIER PACIFIC INSURANCE COMPANY, and all the acts at said Attorney(s)-in-Fact pursuantto the authority herein given are hereby ratified
and confirmed,
JIlt :milnr.. :m1)rnol1f. FRONTIER PACIFIC INSURANCE COMPANY olLaJolla, California, has caused this Powerol Attorney to be signed by its
Vice President and its Corporate seal to be affixed this 29th day of March ,1996
FRONTIER PACIFIC INSURANCE COMPANY
BY: ~~
STATE OF CALIFORNIA) DAVID E. CAMPBELL, Vice President
COUNTY OF SAN DIEGO)
On March 29.1996 before me, Nydia Ortiz, personally appeared David E. Campbeli, personally known to me or proved to me on the
basis of satisfactory evidence to b e the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same
in his authorized capacity, and that by his signature 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
~ - - - - - - -N,~~l - - - J
@ Commission # 1192302
- Notay Public - Califcmia ~ ~.
San DIego County
MyConm. BcpIresA<.g 6. 2002 Signature of Notary
Corporation Acknowledgement
I, the undersigned,Joseph p, Loughlin, Secretary 01 FRONTIER PACIFIC INSURANCE COMPANY. do hereby certity thalthe original POWER
OF ATTORNEY, of which the foregoing is a fulf, true and correct copy, is in lulf lorce and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph p, Loughlin, Secretary, and affixed the Corporate Seal of
the Corporation this 1st day 01 November ,19 ---.99
@ ~p ~6~e~
FMI9-5002A-FP (12/96) w-"'25-"f96-"M
"EXECUTED IN TRIPLICATE"
CXh¡ bif-C/
I SURVEY MONUMENT INSTALLATION BOND I FileNo.:
Bond No,: SDOO083425
Premium: $100.00
OTAY RANCH V LLC
LET IT BE KNOWN BY THESE PRESENTS, thatA DELAWARE LIMITED LIABILITY COMPANY as
the subdivider (hereinafter "Principal"), and FRONTIER PACIFIC INSURANCE COMPANY
a corporation of the State of
CALIFORNIA (hereinafter "Surety"),
are held and finnly bound unto the City of Chula Vista, a municipal corporation (hereinafter "City"),
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 conditions hereof, in the penal sum of -
TWO THOUSAND EIGHT HUNDRED FIFTY AND NO/IOOths dollars ($ 2.850.00 )
lawful money of the United States, to be paid to City.
WHEREAS, Principal is presently engaged in subdividing certain lands to be known as
OTAY RANCH VILLAGE 5 UNIT 3 (POR OF R-35) CVT 96-04
subdivision in the City of Chula Vista; and,
WHEREAS, Principal and City have entered into a Subdivision Improvement Agreement
approved by City Council Resolution No. (hereinafter referred to as "Agreement")
whereby Principal agrees to install durable survey monuments for said subdivision. which said
Agreement, dated , 19_, and identified as project
OTAY RANCH VILLAGE 5 UNIT 3 (POR OF R-35) CVT 96-04 ,
is hereby referred to and made a part hereof; and,
, WHEREAS, Principal desires to not install durable survey monuments prior to the recordation
of the fmal map of the subdivision and desires to install same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if Principal shall have
installed durable monuments of the survey by LUNDSTROM & ASSOCIATES
(Name of Licemod Civil En¡¡inccr or Land Surveyor)
in accordance with the fmal map of said subdivision, a copy of which said map is lìereby made and same
is incorporated herein as though set forth in full, and according to the ordinances of the City of Chula
Vista in full force and effect at the time of the giving of this bond, on or before the expiration of thirty
(30) consecutive days following completion and acceptance of public improvements within said
subdivision as specified in said Agreement, then the obligation shall be void, otherwise to be and remain I
,
in full force and effect.
Sfate of California
County of Orange
On November 1" 1999 before me,.- Jar\Ína Monroe, Notary Public ,
DATE NAME, TITLE OF OFACER - EG" 'JANE DOE. NOTARY PUBUC"
personally appeared Victoria M. Campbell *********** ,
NAME(S) OF SIGNERIS)
GJ personally known to me - œ - D p:I1OIleOÞt~~~ief!I~"œ to be the
person($) whose name~ is/ami subscribed to the within
instrument and acknowledged to me that Jbe/she/-
executed the same in _her/ff1W authorized capacity(iá1§),
JANINA MONROE and that byxbiis/her/t:kœirx signature~ on the instrument the
- Comm!"ic:n /I 11~2~ ~ person~ or the entity upon behalf of which the personYO1l\
~ NataryPublJc-CallTomlo so' .'\"',
1 Orange Coun1y ( acted, executed the instrument.
Mf ccmm. Ex¡ires /oIaf:n 2JJ2
- - - - - - - - - - - - and official seal.
'Ùv~
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 ATTACHED DOCUMENT
DINDIVIDUAL
DCORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITlE(S)
DPARTNER(S) DUMITED
DGENERAL
ŒIATTORNEY-IN-FACT NUMBER OF PAGES
DTRUSTEE(S)'
DGUARDIAN/CONSERVATOR
DOTHER: DATE OF DOCUMENT
SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE
NAME OF PERSON(S) OR ENTITYIIES)
,----------- ----------
'.
ALL-PURPOSE ACKNOWLEDGMENT
r. -.-.-.-. -.-.-.-.-.-.-.-. -.-.-.-. -',
. State of California, } .
! County of-... ~ Dl.Q8J 55. !
, On A ~J1Î ì~ ~ /o¡o,9 before me, J) 3íeIW.S , ,
. (DATE) IJ ,,11'1\ n QLV AJ (NOTARY) .
, personally appeared ~l U..l.) ()J) SIGNER(S) ,
i ~ personally known to me - OR- 0 proved to me on the basis of satisfactory ¡
. í~ evidence to be the person(s) whose name(s) .
, is/are subscribed to the within instrument and'
., acknowledged to me that he/she/they executed ,.
the same in his/herltheir authorized
., capacity(ies), and that by his/herltheir .,
signature(s) on the instrument the person(s),
. or the entity upon behalf of which the.
, D. STRAUS ~ person(s) acted, executed the instrument. ,
. Comm.11137361 .
, TARYPUBUC.CAlJFQRNI ,
SAN DIEGO COUNTY ,
Comm.EKp,M8y11.2001"'
i WITNESS my hand and official seal. i
i ~ i
i NOTARY'S SIGNATURE i
. OPTIONAL INFORMATION .
, The information below is not reqnired by law. However, it could prevent fraudulent attachment of tlùs acknowl- ,
. edgmeut to an unauthorized document, .
, CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ,
. .
to INDIVIDUAL ,
. m CO~PORAV OFFI<;ER + .
, I / æ Rflli~ t
Œ(S)
. .
, D PARTNER(S) ,
. D ATIORNEY-IN-FACT ;).
, D TRUSTEE(S) NUMBER OF PAGES ,
., D GUARDIAN/CONSERVATOR ¡
D OTHER: ,
., fÙ61fll))œe ~q~3 ,.
DATE OF UMENT
! SIGNER IS REPRESENTING: !
, NAME OP PERSON(S) OR ENTITY(IES) ~fl- ~ Cmtfll1?1i ,
L.- .-.- .-.- .-.-. -.- ~l!q.~lt?l.~~ ~j
APA 1/94 VALLEY-SIERRA, 800-362-3369
~/ ,
t:RON.,.,ER PACiFIC:
INSURANCE COMPANY
(A Collfmnle Compony)
4250 Executive Square, Suite 200, La Jolia, California 92037
POWER OF ATTORNEY
¡'¡If"hl All 3i1l'1t IHu ¡!:1!,'.,'1Jn-."lft.: Thai FRONTIER PACIFIC INSURANCE CaMPANY. a Callfomla Corporation, having its principal office
In La Jolla. California. pursuanl to the following resolution. adopted by Ihe Board of Directors of Ihe Corporation on Ihe 15th day of November, 1991.
"RESOLVED. that Ihe Chairman ofthe Board. the President. or any Vice President be. and hereby is, authorized to appoint Allomeys-In-
Fact 10 represent and act for and on behalf 01 the Company to execute bonds. undertakings, recognizances and other contracts of Indemnity
and writings obligatory in the nature Ihereof. and 10 allach thereto Ihe corporate seal of the Company. In the transaction of its surety
business.
"RESOLVED. thallhe signatures and allestations of such officers and Ihe seal ofthe Company may be affixed 10 any such Power of Allomey
or to any certificate relating therelo by facsimile. and any such Power of Allomey or certificate bearing such facsimile signatures or facsimile
seal shall be valid and binding upon Ihe Company when so affixed with respect to any bond. undertaking. recognizance or other contract of
Indemnity or writing obligatory in the nature thereof;
"RESOLVED. that any such Allorney-in-Facldeliverlng a secretarial certilication thatthe foregoing resolutions still be in effect may insert in
such certIfication the date thereof. said date 10 be not later than the date of delivery thereof by such Allomey-in-Facl."
This Power of Allomey Is signed and sealed in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE, CONSTITUTE AND APPOINT' THOMAS G, MCCALL VICTORIA M, CAMPBELL
PATRICIA M. WHITE JANINA MONROE
of Costa Mesa . In fhe State 01 California
its true and lawful AllomeYls)-in-Facl with full power and authority hereby conferred in its name. place and stead to sign. execute. acknowledge and
deliver in its behalf. and as its acl and deed. without power of redelegatlon. as follows'
Bonds guaranteeing the lidelity of persons holding places of public or private trust; guaranteeing the pertormance of contracts other than
insurance policies; and executing or guaranteeing bonds and undertakings required or permilled in all actions or proceedings or by law allowed;
IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS; and to bind FRONTIER PACIFIC
INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of
FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said AllomeYlsl-in-Fact pursuantto the authority herein given are hereby ratified
and confirmed.
3Ju ;IJIi1ihu'.. ;IJIi1l¡rn',,!, FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California, has caused this Power of Allomeyto be signed by its
Vice President and its Corporate seal to be affixed this 29th day of March , 19 96 .
FRONTIER PACIFIC INSURANCE COMPANY
.ø;c""'";;~;".
(( 01) ~~
\{ ~f BY:
STATE OF CALIFORNIA) ",."""",:....,....,/ DAVID E. CAMPBELL, Vice President
COUNTY OF SAN DIEGO)
On March 29, 1996 before me, Nydia Ortiz, personally appeared David E. Campbell, personally known to me or proved to me on the
basis of satisfactory evidence to b e the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same
in his authorized capacity, and that by his signature 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
~------------J
. N. ORTIZ
Commission # 1192302
.. ...." - . ""'""" ! , V'\ ~
San DIego County '----1 \ .
My Corrm, &pires hJg 6, 2002
Signature of Notary
Corporation Acknowledgement
" the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY. do hereby certify that the original POWER
OF ATTORNEY, of which the foregoing is a tull, true and correct copy, is in full force and effecl.
IN WITNESS WHEREOF. I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seai of
the Corporation this 1st day of November .1g22.
""""""""."", ~:k
/¡f:<""....;;,'",. f
f.¡, ú"""^ 0,;, / /
¡~, "~~:"'~ ~¡ J ~
'0' 0 .z, ,
\{ '"".' ~i Joseph P. Loughlin, Secretary
FM19-5002A-FP (12/96) "'"."""":......,..,,,.. W""'5"""."M
I
! \
t \
\
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 -f-J h day of
,-T6\.tVUF\.R.-./ ","000, ~-, by and between THE CITY OF CHULA VISTA,
a munici~al corporation, hereinafter called "City", and OTAY RANCH
V-2, LLC, a Delaware Limited Liability Company, 3820 Valley Centre
Drive, San Diego, CA 92130-2331, and Otay Ranch V, LLC, a Delaware
Limited Liability, 3820 Valley Centre Drive, San Diego, CA 92130-
2331, hereinafter collectively 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 5, unit 5, (Portion of R-36), CVT 96-04, 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 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
1
5
- - ------------ ----- ----- ----------
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. 18398, approved on the 19th day of
November, 1996 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 98-863 through 98-860 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 Two Hundred
Thirty-Four Thousand Dollars and No Cents ($234,000.00).
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 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.
2
~._~..~~-----_.~~.- ~
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not
be issued until the city Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of One Hundred Seventeen Thousand Dollars and No Cents
($117,000.00) 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 from a sufficient
surety, whose sufficiency has been approved by the city in the sum
of One Hundred Seventeen Thousand Dollars and No Cents
($117,000.00) 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 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, a monumentation bond in the sum of Two Thousand Three
Hundred Dollars and No Cents ($2,300.00) 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
3
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 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
4
hereinabove.
13. IndellUlification. Developer further understands and
agrees that city, (as "Indemnitee") or any officer or employee
thereof, shall not be liable for any bodily injury, death, or
property damage, including thereto hazardous materials and property
takings claims occasioned by reason of the acts omissio.ns of
Developer, its subcontractors or suppliers, its agents or
employees, or IndellUlitee (which are not the result of IndellUlitee's
sole negligence or willful misconduct), related to the construction
of the Improvement Work. Developer further agrees to defend,
indemnify, protect and hold the Indemnitee, its officers and
employees, harmless from any and all claims, demands, causes of
action, liability, costs and expense (including without limitation,
reasonable attorney's fees) or loss for bodily injury, death or
property damages, including thereto hazardous materials and
property takings claims because of or arising out of Developer's
construction of the Improvement Work or the acts or omissions of
Developer, its subcontractors or suppliers, its agents or
employees, or IndellUlitee, related thereto; provided, however, that
Developer shall have no obligation to indemnify, defend, protect or
hold Indemnitee or any officer or employee thereof harmless from
any such losses, claims, demands, causes of action, liability,
damages, costs or expenses which arise out of the sole negligence
or willful misconduct of the Indemnitee or any officer or employee
thereof. Developer further agrees to defend, indemnify, protect
and hold the Indemnitee, its officers and employees, harmless from
any and all claims, demands, causes of action, liability, cost and
expense (including without limitation, reasonable attorney's fees)
made or incurred by such third parties pursuant to or arising out
of contracts entered into by such third parties with or on behalf
of Developer or its successors, assigns or agents concerning
construction of the Improvement Work provided, however, that
Developer shall have no obligation to indemnify, defend or hold
Indemnitee or any officer or employee thereof harmless from any
such losses, claims, demands, damages, causes of action, liability,
costs and expenses to the extent that they have arisen due to the
sole negligence or willful misconduct of IndellUlitee or any officer
or employee thereof. The improvement securities referred to above
shall not cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extent to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of construction of the Improvement Work as provided
herein. It shall also extend to damages resulting from diversion
of waters, change in the volume of flow, modification of the
velocity of the water, erosion or siltation, or the modification of
the point of discharge as the result of construction of the
Improvement Work. The approval of plans for the Improvement Work
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 said work and related improvements. The
5
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 Improvement Work.
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.
.
(NEXT PAGE IS SIGNATURE PAGE)
6
-------------------
SIGNATURE PAGE TO
SUBDIVISION IMPROVEMENT AGREEMENT
OTAY RANCH VILLAGE 5, UNIT NO. 5
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 V-2, LLC, a Delaware
Limited Liability Company
~ ~~
Mayor of the City of Chula
vista JJ(ce Q r e¿-, ~ Qj\.. -\--
ATTEST
city Clerk
OTAY RANCH V, LLC, a Delaware
Approved as to form by Limited Liability Company
h ~L~
city Attorney
J: ,-L rre""., rJ.L/\ t---
(Attach Notary Acknowledgment)
7
----~--_.._------------
ALL-PURPOSE ACKNOWLEDGMENT
r. -.-.-.-. -.-.-.--.-.--. -.-.-.- """"',
. Stine of California , . } .
t County of ~ ~) 55, t
. ~ .
t On 'l'y~~ by Q1, nerq before me,.LXu.ol" Iv\.cu'~ß; W6Y-~'î\ , t
. (DATE) ~ .~. (NOTAR'Y) .
t personally appeared ~ \ dv\ll r;~ ,
i ~personal1y known to me - OR- 0 proved to' me on the basis of satisfactory i
. evidence to be the person(s) whose name(s) .
, is/are subscribed to the within instrument and ,
. acknowledged to me that helshelthey executed.
t 'the same in his/her/their authorized t
" capacity(ies), and that by hislherltheir 1
signature(s) on the instrument the person(s), ,
i ~iÞDAWN MARIE NDRTDN~ or the entity upon behalf of which the .,
ffi . . NO;:R~.mpÙB:.,¿2¿~I~;:NIA III person(s) acted, executed the instrument. .
. '"Diog,C..", - .
,.,c,mmE"""."13"'" ft
¡ WITNESS my hand and official seal, ,
. ~ .
, n~ . ~ t
I \ . ~~ ¡
! OPTIONAL INFORMATION .
The information below is not required by law, However, it could prevent fraudulent attachment of this acknowl- t
edgment to au unauthorized document. .
CAPACITY CWlllED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT t
, 0 INDIVIDUAL ~
! ~CORPO TI?Offi. ~.I~ ~ únJUd--
I V~L ~ Trn.EOR1YPEO~~'W\d-51
t 0 PARTNER(S) ,
0 ATTORNEY-IN-FACT S.
i 0 TRUSTEE(S) NUMBER OF PAGES ,
¡ 0 GUARDIAN/CONSERVATOR ¡
, 0 OTIŒR: ,
. .
, dl"l'
, DAm OF DOCUMENT !
.
, SIGNER IS REPRESENTING: t
.
, NAM!! OF PBRSON{S) OR ENTITY(IES) \oJ' 'f'I ,
. 01HER.
L_._.__.--.-. -.-.---:. -.-.-.-. _._..J
APA 1m VAU.EY-SIERRA, 800-362-3369
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $117,000
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $117,000
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $2,300
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.
H, \home\attorney\sia\OR. 5
8
~ ~
"EXECUTED IN TRIPLICATE" f;xhìb if-A
File No.:
BOND FOR FAITHFUL PERFORMANCE Bond No,: SDOO083421
(To Be Used Prior to Approval of Subdivision Improvement Agreement) Premium: $3,510.00
WHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of California,
and OTAY RANCH V LLC A DELAWARE LIMITED LIABILITY COMPANY (hereinafter "Principal")
desire to enter into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement")
whereby Principal agrees to install and complete certain designated public improvements for the project
kno~as OTAY RANCH VILLAGE 5 UNIT 5 (Por of Nei~hborhood R-36) CVT 96-04 ; and
WHEREAS, Principal desires to commence construction of said public improvements prior to
approval of said Agreement by the City Council of the City of Chula Vista; and,
WHEREAS, the City of Chula Vista, County of ~ Diego, State of California, has issued to
Principal Construction Permit No, 6IL/.U+ fJC-I33$'1' (hereinafter referred to as "Permit") for ~
public improve~ork as set forth in more detail on City of Chula Vista Drawing Nos. Cffl-i'60
through it,.. 8 Go 3 , regarding construction of said public improvements, which Permit is hereby referred
to and made a part hereof; and, ,
WHEREAS, said Principal is required under the terms of said Permit to furnish a bond for faithful
performance of said Permit.
NOW THEREFORE, we, the Principal and FRONTIER PACIFIC INSURANCE COMPANY
, a corporation of the State of
CALIFORNIA , (hereinafter "Surety"), are held and firIDly bound unto the City of Chula
Vista. a municipal corporation (hereinafter "City") in the County of San Diego, State of California, and
to and for the benefit of anWl and all &ersons who may suffer damages by breach of the conditions hereof,
in the penal sum ofo~~D¡q.¡ 1HiRr¡¡s ENTEEN THOUSAND dollars, ($ 117 ,000; 00 ), lawful money
of the United States, for the payment of which sum 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-bound Principal, his or its heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the terms, covenants, conditions, and provisions of said Permit and a subsequent Agreement and
any alteration 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 City, its officers, agents and employees, as therein stipulated, then this
obligation shall become null and void; otherwise, it shall be and remain in full force and effect,
As part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be iDcluded costs and reasonable expenses and fees, iDcluding reasonable attorney's fees, incurred by
City in successfully enforcing such obligation, all to be taxed as costs and iDcluded in any judgment
rendered,
The Surety hereby stipuIates and agrees that no change, extension of time, alteration or addition to
the terms of the Permit or 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 Permit or to the work or to the
specifications .
,
In addition to the acts bonded for pursuant to the Permit incorporated above, the following acts and
performances are additionally subject to the terms of this bond:
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
above named, on November 1, ,19-22.
OTAY RANCH V LLC
A DELAWARE LIMITED LIABILITY COMPANY FRONTIER PACIFIC INSURANCE COMPANY
Name of Principal (Applicant) Name of Surety Company
By «~~1~ By
R~", g....\ d vJ t", v A AMPBELL
By ./ì (e.. ~ (e.<, Ò ~^+.. 4250 Executive Square 11200
Address of Surety Company
SDOOO83421 La Jolla, CA 92037
BondJPolicy No, City State Zip Code ,
ABOVE-SIGNATORIES MUST BE NOTARIZED
11IIII8IIII
BondJPolicy No.: SDOO083421
Principal OTAY RANCH V LLC A DELAWARE LIMITED LIABILITY COMPANY
Amount $117,000
In Favor of Ci~ of Chula Vista
This bond, submitted for PERFORMANCE ,
covers construction of public improvements, if any, both prior to and subsequent to, City approval of
Principal's Subdivision Improvement Agreement as to the project known as
OTAY RANCH VILLAGE 5 UNIT 5 (Por of Neighborhood R-36) CVT 96-04
This Rider is Effective November I, 1999
:~ of Surety. """"~' CO""",
~:w. AT -
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
(~ð)Jt e ~
City A H: IHOMEIENGINEER ILANDDEV\FORMSIFP _BOND.RID
---.-.--- ----- --~~-----
State ef California
j-
County of Orange
On November 1. 1999 before me, ,- Janina Monroe, Notary Public ,
DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUßUC'
personally appeared Victoria M. Campbell *********** ,
NAME(S) OF SIGNER(S)
kJ personally known to me - œ- D pøowoÞt~isf3~pqœ to be the
person(s:) whose name~ is/III'S( subscribed to the within
instrument and acknowledged to me that Jbe/she/ttU¡x
executed the same in *her/ftW{ authorized capacity(1é'S) ,
and that byJdxis/her/tlmeilXsignature(s) on the instrument the
JANINA MONROE person(s), or the entity upon behalf of which the perso~
Commiosion # ¡ 185265 z
" NotaryPublic-Coliiomio ~ acted, executed the instrument.
;¡¡, Orange County i
i - - - ~~~-~~~~
OPTIO AL
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 ATTACHED DOCUMENT
DINDIVIDUAL
DCORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITlE(S)
DPARTNER(S) DUMITED
DGENERAL
[!]ATfORNEY-IN-FACT NUMBER OF PAGES
DTRUSTEE(S)"
DGUARDIAN/CONSERV A TOR
DOTHER: DATE OF DOCUMENT
SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE
NAME OF PERSON(S) OR ENTITY(IES)
--,---~-'----'--
. -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
County of
On before me, ;:j) Síl2t:JiW, ,
personally appeared_~ÒYO ßtLOUJI r\)
,
~ersonallY known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me
that he/she/they executed the same in his/her/
their authorized capacityOes), and that by his/
'herltheir signature(s) on the instrument the
person(s), or the entity upon behalf of which the
D.STAAUS ~ person(s) acted, executed the instrument.
Comm. '1137361
NOTARY PU8UC. CAUFO"'"
SAN DIEGO COUIfTY WITNESS my hand and official seal.
Comm. EKp. May 11. 2001 ...
D~TURE OF NOTARY
OPTIONAL
Though the Information 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 ATTACHED DOCUMENT
0 INDIVIDUAL ((~ð1 MIJf!J [\¡;¡\&
P- ~RPO~TE 9FFICf
CP p.ritr{J llTlE OR lYPE OF DOCUMENT
TlE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL Q..
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEES ß ) tJl 'J8rI J)?j¿
0 GUARDIAN/CONSERVATOR J, /C)C) 9
0 OTHER '
DATE OF DOCUMENT
SIGNER IS REPRESENTING VI èki.iA- fl) ~beJJ
NAME OF PERSON(S OR EN11TY(IES) k -Jtf6Jf' '"'" ~
1tf;í) ¡¿ 4.' , ~I It .
SD-39 (2/94)
.,- "EXECUTED IN TRIPLICATE"
e-Xni bÌ'/- f7
File No.:
BOND FOR MATERIAL AND LABOR Bond No,: SDOO083421
(To Be Used Prior to APProval of Subdivision Improvement Agreement) PrenllUIn: INCLUDED IN
PERFORMANCE BOND
WHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of
California, and DTAY RANCH V LLC A DELAWARE LIMITED LIABILTIY COMP~reinafter "Principal")
desire to enter into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement")
whereby Principal agrees to insta1l and complete certain designated public improvements for the project
known as DTAY RANCH VILLAGE 5 UNIT 5 (Por of Neighborhood R-36) CVT 96-04 ; and
WHEREAS, Principal desires to commence construction of said public improvements prior to
approval of said Agreement by the City Council of the City of Chula Vista; and,
WHEREAS, the City of Chula Vista, co~an Diego, State. of California, has issued to
Principal Construction Permit No. C¡^ /J~ f ¡>c.¡sJ (hereinafter referred to as "Permit") for ~
public improvement,l7øk as set forth in more detail on ity of Chu1a Vista Drawing Nos. ,.t - ytoo
through qf~ Ý6.J , regarding construction of said public improvements, which Permit is hereby
referred to and made a part hereof; and,
WHEREAS, under the terms of said Permit, 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), Part 4,
Division 3, of the Civil Code of the State of California,
NOW THEREFORE, said Principal and FRONTIER PACIFIC INSURANCE COMPANY
, a corporation of the State of
CALIFORNIA , (hereinafter "Surety"), are held and firmly bound unto the City of Chula
Vista, a municipal corporation (hereinafter "City") in the County of San Diego, State of California,. and
all contractorS, subcontractors, laborers, materialmen and other persons employed in the performance
of the aforesaid Permit and referred to in the aforesaid Code of Civil Procedure in the sum of
D~ð/¥B!WlJEsD SEVENTEEN THOUSAND AND dollars, ($ 117 , 000. 00 ), lawful money of the
United States, for materials furnished or labor thereon of any kind, 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 City 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 sball inure to the benefit of any and
all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section
3082), Part 4, 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 sball become null and
void, otherwise, it sball be and remain in full force and effect,
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition
to the terms of the Permit or 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 Permit or to the work or to the
specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
above named, on November 1 ,19~.
OTAY RANCH V LLC
A DELAWARE LIMITED LIABILITY COMPANY
Name of Principal (Applicant)
BY~~~
By \J:'R \7rl2."'Ù,^,~
SDOO083421 La Jolla, CA 92037
BondIPolicy No, City State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
-
BondlPolicy No.: SDOO083421
Principal OTAY RANCH V LLC A DELAWARE LIMITED LIABILITY COMPANY
Amount $117,000
In Favor of City of Chula Vista
This bond, submitted for LABOR & MATERIAL .
covers construction of public improvements, if any, both prior to and subsequent to, City approval of
Principal's Subdivision Improvement Agreement as to the project known as OTAY RANCH
VILLAGE 5 UNIT 5 (Por of Neighborhood R-36) CVT 96-04
This Rider is Effective November I, 1999
By
H LlJ!i" "
APPROVED AS TO FORM:
~~ ~Gt.1N(J
City A 0 H: IHOMEIENGINEERILAND DEV\FORMS\M&L ßO ND. RID
--------------
Stà~e of California
County of Orange
On Novembe.r 1,. 1999 before me, '-, Janina Monroe, Notary Public ,
DATE NAME. TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBUC-
personally appeared Victoria M. Campbell *********** ,
NAME(S) OF SIGNERIS)
GJ personally known to me - œ - 0 ~~ief3~l'Imi to be the
person(s:) whose name~ is/ma subscribed to the within
instrument and acknowledged to me that Jbe/she/-
executed the same in ~er/fiØ authorized capacity(íijS),
and that byxlxi5/her/tkœirx:signature~ on the instrument the
person~, or the entity upon behalf of which the perso~
JAN!NAMONROE acted, executed the instrument.
Commission ;1 ) ) 85265
No!Gry p¡;biic - California ¡ S my hand and official seal.
Orange County -
My Canrn. f>pies ^"oy 3:>. 2m I ~
SIGNATURE OF NOTARY
Though the data beloW is not required relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
DINDIVIDUAL
DCORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE{S)
DPARTNER(S) DUMITED
DGENERAL
[!]ATTORNEY-IN-FACT NUMBER OF PAGES
DTRUSTEE(S)'
DGUARDIAN/CONSERVATOR
DOTHER: DATE OF DOCUMENT
SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE
NAME OF PERSON(S) OR ENTllY(rES)
n ------_....,.,.,'-' ._, -..,.-----".
, .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
-- [}~ ~
'-
County of i3fP
on~j>4 jOA9 beforeme._D~~
'
personallyappeared_((O/ù :ßALo{()) ,
!fJ'personally known to me -OR- D proved to me on the basis of satisfactory evidence to bathe
person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me
that he/she/they executed the same in his/herl
their authorized capacityQes) , and that by his/
'herltheir 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.
~~TURE OF NOTARY
OPTIONAL
Though the Information 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 ATTACHED DOCUMENT
0 INDIVIDUAL whD {L ~ tfb;teJud¿ ~ 6)
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TlTLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL J-
0 ATTORNEY-iN-FACT NUMBER OF PAGES
0 TRUSTEES -1J ð've ~ ~/ erg c¡
0 GUARDIAN/CONSERVATOR
0 OTHER DATE OF UMENT
Mi2JIL fY1 '
SIGNER IS REPRESENTING fÌJn{J ~
NAME OF PERSON(S) OR ENTlTY(IES) 111» \iæ~¿¡; ~;; Q¡,
SD-39 (2194)
iB./ .
~RON""ER PACiFIC
INSURANCE COMPANY
(A Colifornia Company)
4250 Executive Squore. Suite 200. La Jolia. Caiifornio 92037
POWER OF ATTORNEY
1I\I1olu _'\11 :1«,.u l!!u [I),"" T~rl'..'ut.: That FRONTIER PACIFIC INSURANCE COMPANY. a California Corporation, having its principal office
m La Jolla. California. pursuant to the following resolution. adopted by the Board of Directors of the Corporation on the 15th day of November, 1991.
'RESOLVED. thafthe Chairman ofthe Board. the President. or any Vice President be. and hereby is. authorized to appoint Attorneys-in-
Fact to represent and act for and on behalf of the Company to execute bonds. undertakings. recognizances and other contracts of indemnity
and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company. in the transaction of its surety
business;
'RESOLVED, that the signatures and attestations of such ofticers and the seal of the Company may be affixed to any such Powerot Attorney
or to any certificate relating thereto by facsimile, and any such Power at Attorney or certifIcate bearing such facsimile signatures or facsimile
seal shall be valid and binding upon the Company when so affIxed with respect to any bond. undertaking, recognizance or other contract of
indemMy or writing obligatory in the nature thereof,
'RESOLVED, that any such Attorney-in-Factdelivering a secretarial certilicalion that the foregoing resolutions still be in effect may insertin
such certitication the date thereof, said date to be not later than the date of delivery thereof by such Attorney-in-Fact."
This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE, CONSTITUTE AND APPOINT. THOMAS G, MCCALL VICTORIA M. CAMPBELL
PATRICIA M. WHITE JANINA MONROE
of Costa Mesa , in the State of California
its true and lawful Attorney(s)-in-Fact with lull power and authority hereby conlerred in its name, place and stead to sign, execute, acknowledge and
deliver in its behalt, and as its act and deed. without power of redelegation, as follows'
Bonds guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the perlormance of contracts other than
insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;
IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000,00) DOLLARS; and to bind FRONTIER PACIFIC
INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of
FRONTIER PACIFIC INSURANCE COMPANY, and all the acts 01 said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified
and confirmed,
JIlt ;JIII1ihtr.. ;JIII1ly,',,'of. FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, Calitornia, has caused this Power of Attorneyta be signed by its
Vice President and its Corporate seal to be affixed this 29th day of March ,19 96
FRONTIER PACIFIC INSURANCE COMPANY
4"'" ~\ ". ~
{ì ~¡ ~~
\: ~i BY;
STATE OF CALIFORNIA) """"""",:..."",."" DAVID E CAMPBELL, Vice President
COUNTY OF SAN DIEGO)
On March 29,1996 before me, Nydia Ortiz, personally appeared David E Campbell, personally known to me or proved to me on the
basis of satisfactory evidence to b e the person whose name is subscribed to the within instrument and acknowiedged to me that he executed the same
in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which Ihe person(s) acted, executed the
instrument.
WITNESS my hand and official seal
J - - - - - - -N,~~Z - - - ~
. Commission#1192332 .
ï ""'" - - """""" ! , V'\ ~
t San Diego County f "---'1 I .
My Canm. &pi"", Aug 6. 2002
- - - - - - - - - - - - Signature of Notary
Corporation Acknowledgement
" the undersigned, Joseph P. Loughlin. Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify thalthe original POWER
OF ATTORNEY. of which the foregoing is a full, true and correct copy. is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of
the Corporation this 1st day of November. 19 ~9
/j~::::~:~.~\ ~ f ~ / /
¡~ "~~:"'~~¡ ;1ðtJj IVL:..-
,0 0 ,Z, ,
\:1; '"",,' Y Josaph p, Loughlin, Secretary
FM1g,5002A,FP (121gB) """""":""",,,., W,12925,1"","M
-- ------. .-- .
. . "EXECUTED IN TRIPLICATE"
e:Xh-ì b ¡..¡--c....
I SURVEY MONUMENT INST ALLA TION BOND I File No,:
Bond No,: SDOO083422
Premium: $100.00
LET IT BE KNOWN BY THESE PRESENTS, that2TtILW~~ ~IhrhD LIABILITY COMPANY as
the subdivider (hereinafter "Principal"), and FRONTIER PACIFIC INSURANCE COMPANY
, a corporation of the State of
CALIFORNIA (hereinafter "Surety"),
are held and firmly bound unto the City ofChula Vista, a municipal corporation (hereinafter "City"),
in the County of Sm Diego, State of California, and to and for the benefit of any and all persons who
may suffer damage by reason of the breach of the conditions hereof, in the penal sum of -
. TWO THOUSAND THREE HUNDRED AND NO/IOOths -------- dollars ($ 2,300.00 )
lawful money of the United States, to be paid to City,
WHEREAS, Principal is presently engaged in subdividing certain lands to be known as
OTAY RANCH VILLAGE 5 UNIT 5 (Par of Neighborhood R-36) CVT 96-04
subdivision in the City of Chula Vista; and,
WHEREAS, Principal and City have entered into a Subdivision Improvement Agreement
approved by City Council Resolution No. (hereinafter referred to as "Agreement")
whereby Principal agrees to install durable survey monuments for said subdivision, which said
Agreement, dated , 19_, and identified as project
OTAY RANCH VILLAGE 5 UNIT 5 (Par of Nei~hborhood R-36) CVT 96-04 ,
is hereby referred to and made a part hereof; and,
WHEREAS, Principal desires to not install durable survey monuments prior to the recordation
of the final map of the subdivision and desires to install same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if Principal shall have
installed durable monuments of the survey by LUNDSTROM & ASSOCIATES
(N"",e of Licensed Civil Engioeer or Land SulVeyor)
in accordance with the final map of said subdivision, a copy of which said map is hereby made and same
is incorporated herein as though set forth in full, and according to the ordinances of the City of Chula
Vista in full force and effect at the time of the giving of this bond, on or before the expiration of thirty
(30) consecutive days following completion and acceptance of public improvements within said
subdivision as specified in said Agreement, then the obligation shall be void, otherwise to be and remain
in full force and effect,
. . Statè of California
County of Orange
On November I ,.' 1999 before me, ,_. Janina Monroe, Notary Public .
DATE NAME. TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBUC-
personally appeared Victoria M. Campbell *********** ,
NAME(S) OF SIGNER(S)
kJ personally known to me. œ- 0 ~~~~"~ to be the
person(1) whose name~ is/me: subscribed to the within
instrument and acknowledged to me that Jbe/she/~
executed the same in "her/fim: authorized capacity(~).
and that byJdxi6/her/tkæiccsignature~ on the instrument the
person~, or the entity upon behalf of which the perso~
co~AN~":"MONROE acted, executed the instrument.
- NotcrÝrr;,:~'b'ol,2 II 185265
"i~-Colif . "
"~::"~i.:;'! W'TN~aod and 5]' ..at
. XU III Þ À, ßVVWI
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattactrment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
DINDIVIDUAL
DCORPORATE OFFICER
TITLE OR TIPE OF DOCUMENT
TITLE(S)
DPARTNER(S) DUMITED
DGENERAL
[!]ATTORNEY-IN-FACT NUMBER OF PAGES
DTRUSTEE(S}
DGUARDIAN/CONSERV A TOR
DOTHER: DATE OF DOCUMENT
SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE
NAME OF PERSON(S) OR ENTITY(IES)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of C' D. OJ~~ ¿. ,
Coonty of ~ ~ ~
0,1) ~ ~, I 'ì'I~~O", m~ 't:. ":' ¡L/ cv~ 1M' AAr. .
personally appearedtJYl W (Y) ,
E3<personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the
persol)($) whose name~ is!¥Ø' subscribed to
the within instrument and acknowledged to me
that he/~y executed the same in histberf"
ihøIf authorized capacity(1,8S)'. and that by his!
'þøf/thØ1r signature,* on the instrument the
person(sf. or the entity upon behalf of which the
person(.8facted, executed the instrument.
I . ~.. ,., ~"..¡
; Nof:"~~~112¿~~~NlA In
: ... 0;0,. c".., -
":, .",..""",...,13.20031
OPTIONAL
Though the Information 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 ATTACHED DOCUMENT
0 INDIVIDUAL ..:5ur- ~ ~ j-
~ CORPOrATEOF~~
'TInE OR 1YPE OF DOCUMENT
\ ¡(lQ/
(5)
0 PARTNER(S) 0 LIMITED
0 GENERAL ~
0 ATTORNEY-iN-FACT NUMBER OF PAGES
0 TRUSTEES
0 GUARDIAN/CONSERVATOR ~1£x-ll \ Ctqq
0 OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING V¡tr:h>ru'Ol ) ~. ~Qj
NAME OF PERSONIS) OR ENTITY(IES) SlGNER(S) OTHER THAN MED ABOVE
~ ~~~ &i.
50-39 (2194\
'. ,. ~/
~RØN'f"ER PACIFIC
INSURANCE COMPANY
(A Colifmnlo Company)
4250 Executive Square. Suite 200, La Jaila, Caiifornia 92037
POWER OF ATTORNEY
Jl~II"lu _1\11 lnl'll 1t\u ([I¡,'O<' lJn-sellt.: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office
in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors ofthe Corporafion on the 15fh day of November, 1991,
"RESOLVED, thalthe Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appointA"orneys.in-
Fact to represent and act lor and on behalf 01 the Company to execute bonds, undertakings, recognizances and other contracts of indemnity
and writings obligatory in the nature thereof, and to attach thereto the corporate seal at the Company, in the transaction of its surety
business,
"RESOLVED, that the signatures and attestations of such officers and the seal ofthe Company may be affixed to any such Power of A"orney
or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such tacsimilesignatures or facsimile
seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of
mdemMy or writing obligatory in the nature thereof,
"RESOLVED, Ihat any such Attorney-in-Fact delivering a secretarial certification thaltheforegoing resolutions still be in effect mayinsertin
such certification the date thereof, said date to be not later than the date of delivery thereof by such Auorney-in-Fact"
This Power 01 Attorney is signed and sealed in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE, CONSTITUTE AND APPOINT THOMAS G. MCCALL VICTORIA M. CAMPBELL
PATRICIA M, WHITE JANINA MONROE
01 Costa Mesa , in the State of California
its true and lawful AttorneYls)-in-Fact with full power and authority hereby conlerred in its name, place and stead to sign, execute, acknowledge and
deliver in its behalf, and as its act and deed, without power of redelegation, as follows.
Bonds guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than
insurance policies; and executing or guaranteeing bonds and undertakings required or permi"ed in all actions or proceedings or by law allowed;
IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND 1$3,500,000,00) DOLLARS; and to bind FRONTIER PACIFIC
INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of
FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said A"orneYls)-in-Fact pursuanttothe authority herein given are hereby ratified,
and confirmed.
3111 JIIiIih"',, JIIiII¡,'re"f. FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California, has caused this Power of Attorney to be signed by its
Vice President and its Corporate seal to be affixed this 29th day of March ,1996
FRONTIER PACIFIC INSURANCE COMPANY
({';ê';;¡"'~;;jì ~ ~
\,' ~i BY;
STATE OF CALIFORNIA) """"""",:"""""",,'" DAVID E. CAMPBELL, Vice President
COUNTY OF SAN DIEGO)
On March 29, 1996 before me, Nydia Ortiz, personally appeared David E. Campbell, personaily known to me or proved to me on the
basis of satisfactory evidence to b e the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same
in his authorized capacity, and that by his signature on the instrument the personls), or the entity upon behaff of which the person(s) acted, executed the
instrument
WITNESS my hand and official seal
~------------~
@ N. ORTIZ
Commission # 1192302
ï ""'" """ ' """" ! , V'I ~
~ Son DIego County f '---1 \ .
MyComm, EiIpIres /tug 6. 2!XJ2
- - - - - - - - - - - - Signature of Notary
Corporation Acknowledgement
" the undersigned, Joseph P. Loughlin, Secretary 01 FRONTIER PACIFIC INSURANCE COMPANY, do hereby certifythaltheoriginal POWER
OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full lorce and effect
IN WITNESS WHEREOF, f have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of
the Corporation this 1st day of November _,19'l2..
"". "'. ";""".,;".", ~ f~
,~ <'" ~
to" ~..-\
¡~ ij J .
\~ I; Joseph p, Loughli~, Secretary
""" ,.",.
FM19-5002A.FP 112;96) "'...."..:"""."", w"'""u".,,"
n~_"_""- -------~---
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 -
cr~Nu~~1 ~oo , .~---, by and between THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City", and OTAY RANCH
V-2, LLC, a Delaware Limited Liability Company, 3820 Valley Centre
Drive, San Diego, CA 92130-2331, and Otay Ranch V, LLC, a Delaware
Limited Liability Company, 3820 Valley Centre Drive, San Diego, CA
92130-2331, hereinafter collectively 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 5, Unit No.6, (portion of R-38) CVT 96-04, 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 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
1
5
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. 18398, approved on the 19th day of
November, 1996 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the city Engineer, as
shown on Drawings Nos. 98-998 through 98-994 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 Two Hundred
Four Thousand Dollars and No Cents ($204,000.00).
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 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.
2
---
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set .forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the city; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the city of Chula vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of One Hundred Two Thousand Dollars ($102,000.00) 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 from a sufficient
surety, whose sufficiency has been approved by the city in the sum
of One Hundred Two Thousand Dollars ($102,000,00) 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 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, a monumentation bond in the sum of Two Thousand Nine
Hundred Dollars ($2,900.00) 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
3
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 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.
4
,-, ---- ,-- -------",
13. Indemnification. Developer further understands and
agrees that City, (as " Indemni tee") or any officer or employee
thereof, shall not be liable for any bodily injury, death, or
property damage, including thereto hazardous materials and property
takings claims occasioned by reason of the acts omissions of
Developer, its subcontractors or suppliers, its agents or
employees, or Indemnitee (which are not the result of Indemnitee's
sole negligence or willful misconduct), related to the construction
of the Improvement Work. Developer further agrees to defend,
indemnify, protect and hold the Indemnitee, its officers and
employees, harmless from any and all claims, demands, causes of
action, liability, costs and expense (including without limitation,
reasonable attorney's fees) or loss for bodily injury, death or
property damages, including thereto hazardous materials and
property takings claims because of or arising out of Developer's
construction of the Improvement Work or the acts or omissions of
Developer, its subcontractors or suppliers, its agents or
employees, or Indemnitee, related thereto; provided, however, that
Developer shall have no obligation to indemnify, defend, protect or
hold Indemnitee or any officer or employee thereof harmless from
any such losses, claims, demands, causes of action, liability,
damages, costs or expenses which arise out of the sole negligence
or willful misconduct of the Indemnitee or any officer or employee
thereof. Developer further agrees to defend, indemnify, protect
and hold the Indemnitee, its officers and employees, harmless from
any and all claims, demands, causes of action, liability, cost and
expense (including without limitation, reasonable attorney's fees)
made or incurred by such third parties pursuant to or arising out
of contracts entered into by such third parties with or on behalf
of Developer or its successors, assigns or agents concerning
construction of the Improvement Work provided, however, that
Developer shall have no obligation to indemnify, defend or hold
Indemnitee or any officer or employee thereof harmless from any
such losses, claims, demands, damages, causes of action, liability,
costs and expenses to the extent that they have arisen due to the
sole negligence or willful misconduct of Indemnitee or any officer
or employee thereof. The improvement securities referred to above
shall not cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extent to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of construction of the Improvement Work as provided
herein. It shall also extend to damages resulting from diversion
of waters, change in the volume of flow, modification of the
velocity of the water, erosion or siltation, or the modification of
the point of discharge as the result of construction of the
Improvement Work. The approval of plans for the Improvement Work
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 said work and related improvements. The
provisions of this paragraph shall become effective upon the
execution of this Agreement and shall remain in full force and
5
"-~--~U_-" ------"---------- -
effect for ten (10) years following the acceptance by the City of
the Improvement Work.
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.
(NEXT PAGE IS SIGNATURE PAGE)
6
SIGNATURE PAGE TO
SUBDIVISION IMPROVEMENT AGREEMENT
OTAY RANCH VILLAGE 5, UNIT NO. 6
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 V-2, LLC, a Delaware
Limited Liability Company
JL ~U~.
Mayor of the City of Chula
Vista ~h(..e- ~ € C¡ \{\ (¿ /\ 1--
ATTEST
City Clerk
OTAY RANCH V, LLC, a Delaware
Approved as to form by Limited Liability Company
_,L ~Uv .
City Attorney
~', '- «- erec,'.J ~'" +-
(Attach Notary Acknowledgment)
7
'ALL-PURPOSE ACKNOWLEDGMENT
r' -.-.-.- -.-.-.-.---.-.-. --. ........-.- -',
. state of California ~ .} 0
t County of SCLn ^ 55. t
. .
t On ~ QC\ . \ q "t 9 before me, '-lXLwn Ma.ri e, 'klö í -I-n n , t
. (DATE) ~ 'fu' (NarAR1Q .
t personally appeared ÎI ldlA J l (\ I
SIG_S)
i "P personally known to me - OR- 0 proved to' me on the basis of satisfactory i
. evidence to be the person(s) whose name(s) .
t is/are subscribed to the within instrument and t
. acknowledged to me that he/she/they executed.
t 'the same in hislherltheir authorized t
i capacity(ies), and that by his/herltheir '0
"",,-,j on tho in"""""nt tho -,.(,). I
i DAWN MARIE NORTON ¿ or the entity upon behalf of which the
N<>;A~~':'.iB~I~2¿A~~~N" UI person(s) acted, executed the instrument.
I .~- - t
M, '..m """,.,,13,20031 . !
WITNESS my hand and official seal, i
I -!,~~~ i
i . NarARY'S 10NATUlU! i
OPTIONAL INFORMATION .
I The information below is not required by law, However, it could prevent fraudulent attachment of this acknowl- I
edgment to an unauthorized document.
I CAPACITY Ci..mœD BY SIGNER (PRINCIPAL) DESCRIPTION OF ATI'ACBEO DOCUMENT t
t 0 INDIVIDUAL t
~ """""""'liu ' '5" ~
i ~1r~L- ~rWd- IIM~t~~F~ i
. TI1'LS(S)
i 0 PARTNER(S) ~ý .' ~ t
i 0 AITORNEY-IN-FACT 9 i
0 TRUSTEE(S) NUMBER OF PAGES
i 0 GUARDIANICONSERVATOR i
0 OrnER:
. \'
t D~~~ I
t SIGNER IS REPRESENTING: t
t NAMI! OP PBIISON(S) OR !!NTITY(IES) ¡.) I A t
. OTHER J
L._.__.-.-..-.-. --.-.--. -.--.-. -.-.
APA 1194 VAILEY-5lERRA, 800-362-3369
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $102,000
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $102,000
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $2,900
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
", \home\attorney\,ia\OR. 6
8
-.-----.... -..----..- ---_._---_._~_.._.__.-
,- '~
"EXECUTED IN TRIPLICATE" ~h;Þ;r-A
File No,:
BOND FOR FAITHFUL PERFORMANCE Bond No.: SDOO083427
(To Be Used Prior to Approval of Subdivision Improvement Agreement) Premium: $3,060.00
WHEREAS, the City Council of the City of ChuIa Vista, County of San Diego, State of California,
and OTAY RANCH V LLC A DELAWARE LIMITED LIABILITY COMPANY (hereinafter "Principal")
desire to enter into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement")
whereby Principal agrees to install and complete certain designated public improvements for the project
known as OTAY RANCH VILLAGE 5 UNIT 6 (POR OF NEIGHBORHOOD R-38) CVT 96-04 ; and
WHEREAS, Principal desires to commence construction of said public improvements prior to
approval of said Agreement by the City Council of the City of Chula Vista; and,
WHEREAS, the City of Ch~!l ~~ of San Diego, State of California, has issued to
Principal Construction Permit No, I c) (hereinafter referred to as "Permit") for th~
public imProveme1:~ork as set forth in more detail on City of Chula Vista Drawing Nos. Cf"ý - 'f '1 Y
through q 1--111' , regarding construction of said public improvements, which Permit is hereby referred
to and made a part hereof; and,
WHEREAS, said Principal is required under the terms of said Permit to furnish a bond for faithful
performance of said Permit.
NOW THEREFORE, we, the Principal and FRONTIER PACIFIC INSURANCF. r.oMPANV
, a corporation of the State of
CALIFORNIA , (hereinafter "Surety"), are held and firmly bound unto the City of Chula
Vista, a municipal corporation (hereinafter "City") in the County of San Diego, State of California, and
to and for the benefit of any and all persons who may suffer damages by breach of the conditions hereof,
inthepena1sumof ONE HUNDRED TWO THOUSAND AND NO/10dClIlarS,($ 102.000 ),lawfulmoney
of the United States, for the payment of which sum 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-bound Principal, his or its heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the terms, covenants, conditions, and provisions of said Permit and a subsequent Agreement and
any alteration 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 City, its officers, agents and employees, as therein stipulated, then this
obligation shall become null and void; otherwise, it shall be and remain in full force and effect,
A1> 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
City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment
rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to
the terms of the Permit or 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 Permit or to the work or to the
specifications,
In addition to the acts bonded for pursuant to the Permit incorporated above, the following acts and
performances are additionally subject to the terms of this bond:
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
above named, on November 1, , 19-.21.
OTAY RANCH V LLC
A DELAWARE LIMITED LIABILITY COMPANY
N= om~:"""')
BY~ ~
0,,", ß... vi.v--..
By \),LL. QrU'" ',eJ e^-t
SDOO083427 La Jolla. CA 92037
BondlPolicy No. City State Zip Code ,
ABOVE-SIGNATORIES MUST BE NOTARIZED
-
BondlPolicy No.: SDOO083427
Principal OTAY RANCH V LLC A DELAWARE LIMITED LIABILITY COMPANY
Amount $102,000
In Favor of City of Chula Vista
This bond, submitted for PERFORMANCE ,
covers construction of public improvements, if any, both prior to and subsequent to, City approval of
Principal's Subdivision Improvement Agreement as to the project known as
OTAY RANCH VILT Ar.¡;: 'i TTNT1' h (POR 011 lITRT"-IT"nJmoon "JR) ev1' Qh-O4
This Rider is Effective November I, 1999
~- :])l~~.F~
ABOVE-SIGNATO S MUST BE NOTARIZED
APPROVED AS TO FORM:
Œ:a6ìl^-<~-
C~ ~ H:\HOMEIENGINEERILANDDEV\FORMS\FP _BOND.RID
State of California
.Countyof Orange
On November. I, .1999 before me, .-. Janina Monroe, Notary Public ,
DATE NAME. TITLE OF OFFICER - EG.. 'JANE DOE. NOTARY PUBLIC"
personally appeared Victoria M. Campbell ***********
NAME(S) OF SIGNER(S)
GJ personally known to me - œ - 0 ~Q: {~~isfllmr>y<~mse to be the
person(s) whose name~ is/as subscribed to the within
instrument and acknowledged to me that Jbe/she/~
executed the same in _her/~ authorized capacity(~),
and that byJdüi/her/tkœilxsignature(s): on the instrument the
~ - - - - - ;\~¡;;'A"M~N;Ot - ~ person(s):, or the entity upon behalf of which the perso~
- Commission 11 1185265 z acted, executed the instrument.
~ Notary Public - California ~
) Orange Couniy I
M( COmm. Bc¡ires /.Ja¡ 3>.:DJ2
""....------------
OPTIONAL
Though the data below is not required by law, ~ may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
DINDIVIDUAL
DCORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TlTLE(S)
DPARTNER(S) DUMITED
DGENERAL
[!]ATTORNEY-IN-FACT NUMBER OF PAGES
DTRUSTEE(S)
DGUARDIAN/CONSERV A TOR
DOTHER: DATE OF DOCUMENT
SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE
NAME OF PERSON(S) OR ENTITY(IES)
ALL-PURPOSE ACKNOWLEDGMENT
r. -.-.-.-. -.-.-.-.-.-.-.-. -.-.-.-. -',
.. S,",ofC_. ~~ .
, County of ~Q..n 55. ,
¡ On 0f1 before me, ~ 11JY\ ~~ ~~ , ¡
. (DATE) - (NOTARY) .
'person ly appeared ,
SIGNER(S)
¡ ~ personally known to me - OR- D 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 t
. acknowledged to me that he/she/they executed -,
, the same in his/herltheir 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) acted, executed the instrument. ,
. ,I. (i°AWN MARIE NORTON ~ , ,.
~ Comm. I 1119172
, In NOTARY PUBlIC-CAlIFORNIA ( )
¡ ~ "Vc,;:":,~~,C:;~3,20031 WITNESS my hand and official seal. ¡
I ~~~~~~ I
. OPTIONAL INFORMATION .
, The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- ,
- edgment to an unauthorized document. .
, CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRImON OF ATTACHED DOCUMENT'
. .
, 0 INDIVIDUAL ,
! ~ CORPO\Ì~A'lp~ óJ'QJL !
! ~ !
, 0 PARlNER(S) ,
. 0 ATTORNEY-IN-FACT 3.
t 0 TRUSTEE(S) NUMBER OF PAGES ,
,. 0 GUARDIAN/CONSERVATOR .,
0 OTHER:
i i
- .
, SIGNER IS REPRESENTING: !
i NAMEOPPERSON(S)ORENTrri(TES) -D l~ 1ìA - Ca"'l~ ,
. ~~...
L____._.-.-.-.-. -.-.-.-. .-:._.~
APA 1/94 VALLEY-SIERRA, 800-362-3369
" ""
"EXECUTED IN TRIPLICATE" 6)(hì 17;f 17
File No,:
BOND FOR MATERIAL AND LABOR Bond NO,:SDOO083427
(To Be Used Prior to Approval of Subdivision Improvement Agreement) Premium: INCLUDED
IN PERFORMANCE BOND
WHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of
California, and OTAY RANCH V LLC A DELAWARE LIMITED LIABILITY COMPb:reinafter "Principal")
desire to enter into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement")
whereby Principal agrees to install and complete certain designated publiè improvements for the project
known as OTAY RANCH VILLAGF. 'i liNT'!' h (POR OJ? Nl?Tr.HROlHmon "-':tR) (""I' 915-0(, ; and
WHEREAS, Principal desires to commence construction of said public improvements prior to
approval of said Agreement by the City Council of the City of Chula Vista; and,
WHEREAS, the City of Ch~CO~ty of San Diego, State. of California, has issued to
Principal Construction Permit No. I f.:. (hereinafter referred to as "Permit") for th~
public improvement ~rk as set forth in more detail on City of Chula Vista Drawing Nos, <¡ ¡~ "I9~
through ~ ¡..~ 1'i~~ ,regarding construction of said public improvements, which Permit is hereby
referred to and made a part hereof; and, ,
WHEREAS, under the terms of said Permit, 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), Part 4,
Division 3, of the Civil Code of the State of California,
NOW THEREFORE, said Principal and FRONTIER PACIFIC INSURANCE COMPANY
, a corporation of the State of
CALIFORNIA , (hereinafter "Surety"), are held and firmly bound unto the City of Chula
Vista, a municipal corporation (hereinafter "City") in the County of San Diego, State of California,' and
all contractors, subcontractors, laborers, materialmen and other persons employed in the performance
of the aforesaid Permit and referred to in the aforesaid Code of Civil Procedure in the sum of
ONE HUNDRED TWO THOUSAND AND NO/100ths dollars, ($ 102,000 ), lawful money of the
United States, for materials furnished or labor thereon of any kind, 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 andfees, including
reasonable attorney's fees, incurred by City 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), Part 4, 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.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition
to the terms of the Permit or to the work to be performed thereunder or the specifications accompanying
...-.-...____m
. ~
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 Permit or to the work or to the
specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
above ÌIa1Iled, on November 1 , 19-2L.
OTAY RANCH V LLC
A DELAWARE LIMITED LIABILITY COMPANY
Name of Principal (Applicant)
BY~~~
<> ..... & Ó \)J ~ r--.,
By J¡L-e.. RrcZ.'"-,¡,\£.,^+
SDOO083427 La Jolla. CA 92037
Bond/Policy No. City State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED ,
---
BondIPolicy No.: SDOO083427
Principal OTAY RANCH V LLC A DELAWARE LIMITED LIABILITY COMPANY
Amount $102,000
In Favor of Ci~ of Chula Vista
This bond, submitted for LABOR & MATERIAL ,
covers construction of public improvements, if any, both prior to and subsequent to, City approval of
Principal's Subdivision Improvement Agreement as to the project known as
OTAY RANCH VILLAGE 5 UNIT 6 (POR OF NEIGHBORHOOD R-38) CVT 96-04
This Rider is Effective November 1, 1999
N~ FRONTIER PACIFIC INSURANCE COMPANY
By ll/\ 111 ~
VICTORIA M CAMPBELL, ATTORN -IN-FACT
ABOVE-SIGNATORIES MUST BE NOTARIZED I L¿ '01
-LAML!1! tl¡~JLl L Jilt!! I ¡ II ",WI" II" Il "~¡¡
APPROVED AS TO FORM:
~m CVv£7
City Y H: IHOMEIENGINEER ILANDDEV\FORMS\M&L _BOND.RID
~-~~--~-~-~- ~---~ - -~-______m
State, of California
, Gounty of Orange
On November. I, .1999 . before me,.- Janina Monroe, Notary Public ,
OATE NAME. TITLE OF OFFICER - EG.. "JANE OOE. NOTARY PUBUC"
personally appeared Victoria M. Campbell *********** .
NAMEIS) OF SIGNER(S)
~ personally known to me . œ. D ~~isf3~I'II~e to be the
person(s:) whose name~ is/ana subscribed to the within
instrument and acknowledged to me that Jbe/she/tbe.)x
executed the same in "her/tMIr authorized capacity(jijš),
and that by_/her/tkœilxsignature~ on the instrument the
JANINA MONROE person~, or the entity upon behalf of which the perso~
Commission # I J85265 acted, executed the instrument.
NotaryPUb/ic-COIi;om¡o Z
Orange County' !
MyCcrnm. &;p;e,Moy3:J.2:U2 my hand and official seal.
~~
SIGNATURE OF NOTARV
OPTIONAL
Though the data below Is not required by law, ~ may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
DINDIVIDUAL
DCORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
DPARTNER(S) DUMITED
DGENERAL
III ATTORN EY-I N-FACT NUMBER OF PAGES
DTRUSTEE(S)
DGUARDIAN/CONSERVATOR
DOTHER: DATE OF DOCUMENT
SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE
NAME OF PERSON(S) OR ENTITY(IES)
. ALL-PURPOSE ACKNOWLEDGMENT
r. -.-.-.-. -.-.-.-.-.-.-.-. -.-.-.-. -',
. S"". of C,I'- ~~ .
t County of ~ 55. t
j On ~~. ac¡~ bef~= ~.,,"-lcWL~ . I
. (DATE) ~ ~ OA' (NorARV) .
, personal y appeared ,
, SIGNER(S) ,
i ~ personally known to me - OR- D proved to me on the basis of satisfactory i
. evidence to be the person(s) whose name(s) .
t is/are subscribed to the within instrument and t
¡ acknowledged to me that he/she/they executed ¡
, the same in his/her/their authorized,
¡ capacity(ies), and that by his/herltheir¡
, signature(s) on the instrument the person(s), ,
. or the entity upon behalf of which the.
, J. DAWN MARIE NORTON ~ person(s) acted, executed the instrument. ,
. Comm. I 1219172 'A .
t [O MOlA".PUBlIC.CAlIF...., ~ , t
'I ",o",.c"",,..
. '."""'0"".",3,'0<)31 .
, t
i i
i i
. OPTIONAL INFORMATION .
t The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- ,
. edgment to an unanthorized document. .
, CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT t
. .
, D INDIVIDUAL .,
! ~ CORPO~ATE O~CER d.wct ~~ ~liUaJ) Q.1X1/-ahr !
, -'J 'f.\ 0 .I - ¿!\.Qò OR TYP OF DOCUMENT ,
! ~ !
, D PARlNER(S) t
. D ATIORNEY-IN-FACT Jt.
t D TRUSTEE(S) NUMBER OF PAGES ,
¡ D GUARDIAN/CONSERVATOR ¡
I D~ ~ '
. ~l\ lqq4 .
, DATE OF DOCUMENT ,
. .
I "GN" Π..m"N~G, \ I' . '. ~ I
t NAME OF PERSON(S) OR ENTITY(IES) ~M . t
. OTIlER.
L._._._.-.-.-.-. _._.~~~~~-'
APA 1/94 VALLEY-SIERRA, 800-362-3369
~N'I"ER PACIFIC
INSURANCE COMPANY
(A C~llfmnlo Compony)
4250 Executive Square. Suite 200. La Joiia. Caiifornia 92037
POWER OF ATTORNEY
¡thull' }dl ]th.1t lH~ ([I!,"" TJn..,.ltto: Thaf FRONTIER PACIFIC INSURANCE COMPANY. a California Co'poratlon. having its principal office
In La Jolla. California. pursuant to the following resolution. adopled by Ihe Boa,d of Dlreclors of the Corporation on the 15fh day of November. 1991.
"RESOLVED. that Ihe Chairman ofthe Board. the Presidenf. or any Vice President be. and hereby is. authorized fa appoint Afforneys-In-
Facllo represenl and act for and on behall of Ihe Company 10 execute bonds. undertakings. recognizances and of her cont,"cls of Indemnity
and writings obligatory In Ihe nature Ihereof. and to affach thereto the corporate seal of the Company. in the fransactlon of its surety
business.
"RESOLVED. that the signatures and affestatlons 01 such officers and the seal ofthe Company may be affixed to any such Powerof Afforney
or to any certificate relating thereto by facsimile. and any such Power of Afforney or certllicate bearing such facsimile signatures or facsimile
seal shall be valid and binding upon Ihe Company when so affixed with respect to any bond. undertaking. recognizance orother contract of
Indemnity Dr writing obllgato,y In the nature thereot;
"RESOLVED. that any such Afforney-In-Factdellvering a secretarial certIfIcatIon Ihaltheforegoing resolutions stili be In effect may insert In
such certification the date thereol. said dale to be not later than the date of delivery thereof by such Afforney-In-Fact."
This Power of Afforney Is signed and sealed In facsimile under and by the authorily of the above Resolution.
DOES HEREBY MAKE. CONSTITUTE AND APPOINT: THOMAS G. MCCALL VICTORIA M, CAMPBELL
PATRICIA M, WHITE JANINA MONROE
of Costa Mesa . in the State of California
its true and lawful Afforney(s)-in-Fact with full power and aulhority hereby conferred In its name. place and stead to sign. execute. acknowledge and
deliver In its behall. and as its act and deed. without power of redelegation. as follows'
Bonds guaranteeing fhe lidelity of persons holding places of public m private trust; guaranteeing the pertormance of contracts other than
insurance policies; and executing or guaranteeing bonds and undertakings required or permiffed in all actions or proceedings or by law allowed;
IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3.500.000.00) DOLLARS; and to bind FRONTIER PACIFIC
INSURANCE COMPANY thereby as fully and to the same extent as It such bond or undertaking was signed by the duly authorized officers of
FRONTIER PACIFIC INSURANCE COMPANY. and all the acts of said Afforney(s)-in-Fact pursuanfto the authority herein given are hereby ratified
and confirmed.
.31" ;JII!Iilt"... ;JII!I1¡rn'uf, FRONTIER PACIFIC INSURANCE COMPANY of La Jolla. California. has caused this Power of Afforneyto be signed by its
Vice President and its Corporate seal to be affixed this 29th day of March . Ig 96 .
FRONTIER PACIFIC INSURANCE COMPANY
({" ~~iì ~ ~
\'\. $,i BY:
STATE OF CALIFORNIA) . "'""",,:........"""'" DAVID E. CAMPBELL. Vice President
COUNTY OF SAN DIEGO)
On March 29.1996 before me. Nydia Ortiz. personally appeared David E. Campbell. personally known 10 me or proved to me on the
basis of satisfactory evidence to b e the person whose name is subscribed to the within instrument and acknowledged to me that he executed tjle same
in his authorized capacity. and that by his signature on the instrument the person(s). or the entity upon behalf of which the person(s) acted. executed the
inslrument.
WITNESS my hand and official seal
~------------~
N. OJrnZ
-@ Commission#1192302 it
Notary Public - California! , V\ ~
San DIego County '--------1 \ .
My Conm. BcpiIes Aug 6. 2002
Signature of Notary
Corporation Acknowledgement
I. the undersigned. Joseph P. Loughlin. Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do herebycertifythaftheoriginal POWER
OF ATTORNEY. 01 which the foregoing is a full. true and correct copy. is in fuillorce and effect.
IN WITNESS WHEREOF. I have hereunto subscribed my name as Joseph P. Loughlin. Secretary. and affixed the Corporate Seal of
the Corporation this ] Rt day of Nov"mh"T . 19 ~9
,~;;~':~"'"~+;:'" ~ f' ¿;:J / /
G ¡ . ~~
\~ ~j Joseph P. Loughlhí, Secretary
FM19-5002A.FP (12/96) """'"......:......"...'" W.1"25.""'.""
"EXECUTED IN TRIPLICATE" eKhì VI} C-
I I FileNo.:
SURVEY MONUMENT INSTALLATION BOND Bond,Nb.:SDOO083428
PremIUm: 100.00
OTAY RANCH V 11(;
LET IT BE KNOWN BY TIfESE PRESENTS, that A DF.LAWARE LIMITED LIABILITY COMPANY as
the subdivider (hereinafter "Principal"), and FRONTIER PACIFIC INSURANCE COMPANY
, a corporation of the State of
CALIFORNIA (hereinafter "Surety"),
are heJd and firmly bound unto the City of Chula ViSta, a municipal corporation (hereinafter "City"),
in the County of San Diego, State of California, and !O and for the benefit of any and all persons who
may suffer damage by reason of the breach of the conditions hereof, in the penal sum of
TWO THOUSAND NINE HUNDRED AND. NO/lOOths -------- dollars ($ 2,900.00 )
lawful money of the United States, to be paid to City.
WHEREAS, Principal is presently engaged in subdividing certain lands 10 be lmown as
OTAY RANCH VILLAGE 5 UNIT 6 (POR OF NEIGHBORHOOD R~38) CVT 96-04
subdi....'Ïsion in the City of Chula Vista; and,
WHEREAS, Principal and City have entered into a Subdivision Improvement Agreement
approved by City Council Resolution No. (hereinafter referred to ~_s "Agreement")
whereby Principal agrees to install durable survey monuments for said subdivision, which said
Agreement, dated , 19_, and identified as project
OTAY RANCH VILLAGE 5 UNIT 6 (POR OF NEIGHBORHOOD R-38) CVT 96-04 ,
is hereby referred to and made a part hereof; and,
WHEREAS, Principal desires to not install durable survey monuments prior to the recordation
of the final map of the subdivision and desires to install same at a later date,
NOW, TIIEREFORE, the condition of the above obligation is that if PrinCipal shall have
installed durable monuments of the survey by LUNDSTROM & ASSOCIATES
(Name ofU=>ed CivD Engineer or Lmd Surveyor)
in accordance with the final map of said subdivision, a copy of which said map is hereby made and same
is incorporated h=in as though set forth in full, and according to the ordinances of the City of Chula
Vista in full force and effect at the time of the giving of this bond, on or before the expiration of thirty
(30) consecutive days following completion and acceptance of public improvements within said
subdÏv:ision as specified in said Agreement, then the obligation shall be void, otherwise to be and remain
in full force and effect.
----.-. . .-..-..--- -
.-----
ALL-PURPOSE ACKNOWLEDGMENT
ro _0_0_0-0 _0_0_0_0_0-0_0_0 -0_0_0_0 _0,
0 Stateofc~a ~ .} 55. 0
t County of t
i On illiùeml:øl () Iq~9 before me, Jj S1êfJ/J.J , i
0 (DATE)' ~ I'1f\J IÎ ,---- (NOURY¡ 0
'personally appeared UI-tl-UfA.)J/V ,
SIGNER(S)
0 0
, V- personally known to me - OR- 0 proved to me on the basis of satisfactory t
0 evidence to be the person(s) whose name(s) 0
, is/are subscribed to the within instrument and ,
0' acknowledged to me that he/she/they executed 0'
the same in his/her/their authorized
0' capacity(ies), and that by his/herltheir 0'
signature(s) on the instrument the person(s),
0 D STRAUS or the entity upon behalf of which the 0'
, CD~m, 111137361 ~ person(s) acted, executed the instrument.
0 NOT ARV PUBUC . CAUFOANI 0
'SAN DIEGO COUNTY , ,
Comm Exp. Moy ",2001 ..
i WITNESS my hand and official seal. i
i ~ i
i NaTARY'S SIGNATURE i
0 OPTIONAL INFORMATION 0
, The infonnation below is not required by law. However, it could prevent fraudulent attachment of this acknowl- t
0 edgment to an unauthorized document. 0
, CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ,
0 0
, 0 INDrvIDUAL ,
0 ¥I CORPORATE OFFICER Jwu...o:MJ~lt..{ll.()pjJ:ns~ 0
, ]) fee- (J RJa \!QP'- 'Jf ~ 0 TYPE OF DOCUMENT I ,
0 0
, 0 PARTNER(S) ,
0 0 ATTORNEY-IN-FACT &. 0
, 0 TRUSTEE(S) NUMBER OF PAGES ,
0' 0 GUARDIAN/CONSERVATOR Of
0 OTHER: )
0' 11 15ùUJx2/2 l f c¡ c¡ 9 0'
DATE OF UMENT
0 0
t SIGNER IS REPRESENTING: Ù ~ t
, NAME OF PERSON(S) OR ENTITY(lES) I fJ I':+- ,
Lo_o_o_o_o_o_o_o _o_ow.£qot 1.~~~j
APA W4 VAlLEY-SIERRA, 800-362-3369
"State.,of California
Cpunty'of Orange
On November. 1, .1999 . before me,.- Janina Monroe, Notary Public
DATE NAME, TITLE OF OFFICER - EG.. "JANE DOE. NOTARY puau,,"
personally appeared Victoria M. Campbell *********** ,
NAME(S) OF SIGNER(S)
;J personally known to me . œ - 0 ~~~Me to be the
person(s:) whose name~ islma subscribed to the within
instrument and acknowledged to me that Jbe/she/1beyc
executed the same in "her/ff:M¡{ authorized capacity(iijS) ,
and that by_/her/tkœirxsignature(.s): on the instrument the
person(.s):, or the entity upon behalf of which the perso~
acted, executed the instrument.
d and official seal.
It L n~)'ýVlÐ(
SIGNATURE OF NOTARY
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 ATTACHED DOCUMENT
DINDIVIDUAL
DCORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITlE(S
DPARTNER(S) DUMITED
DGENERAL
0ATTORNEY-IN-FACT NUMBER OF PAGES
DTRUSTEE(S)
DGUARDIAN/CONSERVATOR
DOTHER: DATE OF DOCUMENT
SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE
NAME OF PERSON(S) OR ENTITY(IES)
~NT'.R PACIFIC
INSURANCE COMPANY
(A Colifmnia Company)
4250 Executive Square, Suite 200, La Jolla, California 92037
POWER OF ATTORNEY
N"ulu _i\1I JU,."I!3u <r:1!,"" :pre..,."t.: That FRONTIER PACIFIC INSURANCE COMPANY, a Califamia Co'po,ation, having Its p,incipal office
in La Jolla, Calilomia, puesuant to fhe following ,esolulion, adopted by the Boa,d 01 Oirectoes of the Corpoealion on Ihe 15th day of November, 1991.
"RESOLVED, thalthe Chai,man ofthe Board, the President, or any Vice President be, and hereby is, authorized to appoint Momeys'in-
Faclto rep,esentand acttor and on be halt of the Company 10 execute bonds, undertakings, recognizances and othercontractsofindemnlty
and w,ltings obllgato,y in the natu'e the'eof, and to attach thereto the cocporate seal 01 the Company, in the teansaction of its surety
business,
"RESOLVED, Ihalthe signatu,es and altestalions 01 such officees and the seal olthe Company may be affixed to any such Power of Altomey
orto any certilicale relating thereto by facsimile, and any such Power 01 Altomey or certificate beacing such facsimile signatures orfacsimile
seal shall be valid and binding upon the Company when so affixed with respeclto any bond, undertaking, recognizance or other contract of
indemnity or wriling obligatory in the nature the,eof,
"RESOLVED, that any such Altomey-in-Factdellvering a sec,etacial certification that the foregoing resolutions still be in effect may insertin
such certification the date the,eof, said dale to be not later than the date of dellve,y thereof by such Altomey-in-Fact"
This Power of Altomey is signed and sealed in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE CONSTITUTE AND APPOINT THOMAS G. MCCALL VICTORIA M. CAMPBELL
, PATRICIA M. WHITE JANINA MONROE
of Costa Mesa , in the State of California
Its true and lawful AltomeYls)-in-Fact with full powee and authority hereby conferred in Its name, place and stead to sign, execute, acknowledge and
deliver in its behall, and as Its act and deed, without powe' of redelegation, as follows
Bonds guaranteeing the fidelity of peesons holding places of public or private trust; guaranteeing the pertormance of contracts other than
insurance policies; and executing or guaranteeing bonds and undertakings required or permilted in all actions or proceedings or by law allowed;
IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND 1$3,500,000.00) DOLLARS; and to bind FRONTIER PACIFIC
INSURANCE COMPANY thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers of
FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said AItomeYls)-in-Fact pursuanlto the authority herein given are hereby ratified
and confirmed.
.JI" ;!II1itltraa ;!IIT!]"""uf, FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, Calilomia, has caused this Powerof Momeyto be signed by Its
Vice President and Its Corpoeate seal to be affixed this 29th day of March , 19 96
FRONTIER PACIFIC INSURANCE COMPANY
(t';C;"";\:1) ~ ~ ~
\~ ~i BY:
STATE OF CALIFORNIA) """"""":"""",,,/ DAVID E. CAMPBELL, Vice President
COUNTY OF SAN DIEGO)
On March 29,1996 before me, Nydia Ortiz, personally appeared David E. Campbell, personally known to me or proved to me on the
basis of satisfactory evidence to b e the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same
in his authorized capacity, and that by his signature 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
~ - - - - - - -N,~~Z - - -I
8 Commission II 1192J02
I - ""'" ,,""""'" ! , V'\ ~
~ San Diego Counfy f '-----1 I .
My Conm. BcpI¡es I\ug 6, 2002
- - - - - - - - - - - - Signature of Notary
Corporation Acknowledgement
" the undersigned, Joseph P. Loughlin, Sec,etary of FRONTIER PACIFIC INSURANCE COMPANY. do hereby certlfythattheoriginal POWER
OF ATTORNEY, of which the foregoing is a full, t,ue and correct copy, is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of
the Corporation this 1st day a! November ,19~99
~P ~~~e~
FM'9-5002A-FP 112/961 W-12925-1"96-""
COUNCIL AGENDA STATEMENT
Item
Meeting Date: 1/4/00
ITEM TITLE: Resolution Approving a Final Map for Chula Vista Tract
No. 98-04, McMillin OtayRanch SPA 1 Phase 3 Unit 1 (R41), Accepting on
behalf of the City ofChula Vista the easements granted on said map within
said subdivision, Accepting on behalf of the public Sierra Verde Road, Corral
View Avenue, Valley Bend Street, Misty Ridge Place, and Ranchette Place,
Acknowledging on behalf of the City of Chula Vista the irrevocable offer of
dedication of fee interest in Lot A for open space and other public purposes,
all as shown on said map within said subdivision, Abandoning certain sewer
and drainage easements granted on Map No. 13884, and Approving the
Subdivision Improvement Agreement for the completion of improvements
required by said subdivision, and Authorizing the Mayor to execute said
agreement.
Resolution Approving a Final Map Supplemental
Subdivision Improvement Agreement for Chula Vista Tract No. 98-04,
McMillin Otay Ranch SPA 1 Phase 3 Unit I (R41) and authorizing the
Mayor to execute said agreement.
Resolution Approving a Final Map for Chula Vista Tract
No. 98-04, McMillin Otay Ranch SPA One Phase 3 Unit 2 (R42), Accepting
on behalf of the City of Chula Vista the easements granted on said map
within said subdivision, Accepting on behalf of the public Sierra Verde Road,
Falcon Peak Street, Deer Peak Court, and Ridge Rock Court, Acknowledging
on behalf of the City of Chula Vista the irrevocable offers of dedication of fee
interests in Lot A for open space and other public purposes, all as shown on
said map within said subdivision, and Approving the Subdivision
Improvement Agreement for the completion of improvements required by
said subdivision, and Authorizing the Mayor to execute said agreement.
Resolution Approving a Final Map Supplemental
Subdivision Improvement Agreement for Chula Vista Tract No. 98-04,
McMillin Otay Ranch SPA One Phase 3 Unit 2 (R42) and authorizing the
Mayor to execute said agreement.
SUBMITTED BY: Director of Public Works~
REVIEWED BY: City Manager Gt\1iL" (4/5ths Vote: Yes_No XJ
Tonight, Council will be considering the approval of the Final Maps, Subdivision Improvement
Agreements, and Supplemental Subdivision Improvement Agreements for:
. McMillin Otay Ranch SPA 1 Phase 3 Unit 1 (R41). Said map contains 92 single family lots,
public streets, and 1 private open space lot to be maintained by a Homeowners Association.
/¡, - I
Page 2, Item-
Meeting Date: 1/4/00
. McMillin Otay Ranch SPA 1 Phase 3 Unit 2 (R42). Said map contains 75 single family lots,
public streets, and 1 private open space lot to be maintained by a Homeowners Association.
RECOMMENDATION: That Council adopt the Resolution approving the following:
I. Final map, Subdivision Improvement Agreement, and Supplemental Subdivision Improvement
Agreement for the McMillin Otay Ranch, SPA One, Phase 3, Unit 1 (R41); and,
2. Final map, Subdivision Improvement Agreement, and Supplemental Subdivision Improvement
Agreement for the McMillin Otay Ranch, SPA One, Phase 3, Unit 2 (R42).
DISCUSSION:
On June 8, 1998, by Resolution No. 19034, City Council approved the Tentative Subdivision Map
for a portion of Village 5 of the McMillin Otay Ranch project, Chula Vista Tract 98-04. On
November 16, 1999, by Resolution No. 19963, Council approved a Final "A" Map for Phase 3 of the
Otay Ranch McMillin project. The Final "B" Maps and corresponding Subdivision Improvement
Agreements ("SIA") and Supplemental Subdivision Improvement Agreement ("SSIA,,) for Units 1
and 2 (created by said Final "A" Map) are before Council tonight. The final maps consist of the
following:
Unit 1 91 21.008 acres
Unit 2 75 12.402 acres
Both Final "B" Maps (see Exhibit 1) have been reviewed by the Department of Public Works and the
Planning and Building Department and found to be in substantial conformance with the approved
tentative map. All required fees and/or deposits specific to this map have been collected. By
approving the subject maps, Council will accomplish the following:
. Acceptance of the public streets in Unit I (i.e., Sierra Verde Road, Corral View Avenue, Valley
Bend Street, Misty Ridge Place, and Ranchette Place).
. Acceptance of the public streets in Unit 2 (i.e., Sierra Verde Road, Falcon Peak Street, Deer Peak
Court, and Ridge Rock Court)
. Acceptance of all sewer, drainage, general utility and access, pedestrian access, and sight
visibility easements granted on the maps.
. Abandonment of certain sewer and drainage easements granted on the Final "A" Map for Phase 3
(Map No. 13884). The dedication of public streets in Unit 1 will render these easements useless.
Council's approval of the proposed maps will also acknowledge the Irrevocable Offer of Dedication
(IOD) of Fee Interest for Lot A in Unit 1 and Lot A in Unit 2 for Open Space and other public
purposes. These lots will remain in private property and will be maintained by a Homeowner's
Association. Section 7050 of the Government Code provides that the City may accept an IOD at any
time.
(ç-:/
Page 3, Item-
Meeting Date: 1/4/00
McMillin has already executed separate Subdivision Improvement Agreement for Unit 1 and Unit 2
and has provided bonds to guarantee the construction of all the on-site public streets and facilities
(i.e., curb, gutter, sidewalk, sewer, asphalt, street lights, and appurtenant facilities) necessary to
adequately serve said subdivisions. Construction of all off-site improvements serving said
subdivision has been already secured by previous Subdivision Improvement Agreements. The fonn
of the SIA have been reviewed and approved by the City Attorney.
McMillin has also executed separated Supplemental Subdivision Improvement Agreement (SSIA)
for Unit 1 and 2 to satisfy Conditions Nos. 23, 67, and 76c. All the conditions are addressed using
typical language used in previous agreements. Staff has reviewed said Agreement and detennined
that it satisfies all the applicable tentative map conditions for final map approval and recommends
Council approval. The fonn of the SSIA have been reviewed and approved by the City Attorney.
The grading plans for Units 1 and 2 propose the construction of two retaining walls at the toe ofthe
slopes facing Olympic Parkway (along the proposed regional trail). Those walls are necessary to
accommodate the Poggi Canyon channel and the regional trail running along Olympic Parkway (see
Exhibit I). The Otay Ranch SPA One Open Space District (CFD 97-1) will maintain these walls
(along with the adjoining trail and Poggi Canyon channel). The budget for the CFD was set up
before these walls were needed and therefore, they were not specifically included in the original
maintenance budget for CFD 97-1. Staff is concerned that the additional maintenance requirements
create a potential for insufficient funding. The City can only increase the special taxes to keep pace
with inflation, therefore, if the collected taxes are deficient, staff will have to prioritize the
maintenance of landscaping improvements.
FISCAL IMPACT: None to the General Fund. Developer has paid all costs associated with the
proposed final map and agreements.
Attachments:
Attachment I: Plat -Final Maps
Attachment 2: Deveioper's Disciosure Statement
H:\HOMEIENGINEERILANDDEV\OT A YRNCHlI130R224&225.doc
11/30/994:07 PM
{-3
,{
..-.--.-..--...-----
E'KH /1/// Þ J. 'I
U~wr Z
IR-401
:II!
0'
1;'
I
,
/'Ii
<:;: .. c.;.hAnll< I
~' ---'" 't
---
RICK ENGINEERING COMPANY
CIVIL ENGINEERS. SURVEYORS. PLANNERS CHULA VISTA TRACT NO. 98-04
5620 FRIARS ROAD, SAN DIEGO McMILLIN OTA Y RANCH SPA I, PHASE 3
CA. 92110-2596 PHONE. <619) 291-0707 CITY OF CHULA VISTA, CALIFORNIA
PROJECT NUMBER. 131260 (ç - 1 L
DA TEo OCTOBER 20, 1999 T
,_n___- n --
n"_n_n_'_'
'-'-nu'n - 'n-
Attachment 2
cm OF CHULA \'1STA DISCLOSURE STATEMENT
You are requued 10 file a S""= Dr' Di&cJoaure Dr' conam oWDersmp Dr ñnaDc¡aj iote......, paymeou. Dr ~ p1
~ OIl aJ.l1DIIIUØ wbid1 wùI ~ ~ 1ICQ0n DO <be pan Dr' Ibe City C"uneLl, PLamung CoIllDUllÌOD,
ODd all other official bod.iM. The iollo~ uuormauon mual be Wselo,ed:
ü.t \be - oi all pen"'" bavmg a ñnaDc¡aj io<creal 10 We propertY wnieh 15 the subi"'" of the appJicaIian
Dr \be COIIa1II::t, e.g., owner. applicant, COllUlOaOr, subcoOU1lCtOr. muenai supplier, "",,
J~~ill'~ ~..v 0="""
~. If my perMD" ~ed purauam 10 (I) above ia a corpoBrion Dr ¡».rmership, list the - of all intIividuala
owning more ÙIaD 10% oi the sbarea in the corporalion or owmng any pumonhip imereot in the ~.
~cMillin ComoaniEs :L~ \501!
~e~ced Partners ::miteo
?artnersnio \~Ol)
J. If my perMDa Kieatiiied XInUoBΠ10 (I) above ia a DOtI-pODt orpaiz.ation Dr a UUlt. list the - of my perMD
servin¡ u dinoctor or' \be non-proñt organizarion or U """lee or beneñei.o.ry Dr t""'lor of the lrual.
~. Have you bod more ÙIaD $250 worth of buaiœu tratIIaCtCd wùh any member of the City aWf, Bouda,
Craonm¡~;""" COItIDWtee&, ODd COWII:Ll within the put twelve montb&? Ye&- :-10..1.. Ify.., pleue iDdicate
penon(a):
5. PIcue idaJåfy -a IIIId every penon. inchxting &gaD, empjayeca. cotl6UlWlU, or indepeodem CollUlll:lOn wbo
you bave auigœd to repreaetlt you before We City in thii matter.
::-3.1>: Fukuvama -
Sob Pletcher
o. Have you lIIIdIor your officen or AgCÐL&, 10 the ag¡regate, contributed more ÙIaD S1.000 to a COUIICil tIItIIIIber
in the ~ or preceding elecnon period? Y..- So- If yea. owe which Council member(a):
. . a (NOTE: AItach A .,
Date: //)-/9- 91
President
. &r:sœ. is de~ as: ~4ny lllliivitWal, firm, c~,D"nner:ship. jow VenlUre. associorion. socioJ clMb, frøsemoJ
argonizosion. COrpOTculon. eSrDle. trUSt. receIVer. syndicDIe. ¡/lis and any owr counr:>. city. or cDWllry, city
municipoJiry, district. ar orller poliricol subdivision, or any OIlier groo.D or combination acring as" Imil.
¡¡ : IHOMEIENGINEEIlILANDDEVlFORMSIDISCLOS E. FRM
/ç-5
-----~-
-_.._--~...._---
RESOLUTION NO. -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A FINAL MAP FOR CHULA
VISTA TRACT 98-04, McMILLIN OTAY RANCH SPA
ONE, PHASE 3, UNIT 1 (R41), ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA THE
EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION, ACCEPTING ON BEHALF OF THE PUBLIC
SIERRA VERDE ROAD, CORRAL VIEW AVENUE, VALLEY
BEND STREET, MISTY RIDGE PLACE, AND RANCHETTE
PLACE, ACKNOWLEDGING ON BEHALF OF THE CITY OF
CHULA VISTA THE IRREVOCABLE OFFER OF
DEDICATION OF FEE INTEREST IN LOT A FOR OPEN
SPACE AND OTHER PUBLIC PURPOSES, ALL AS SHOWN
ON SAID MAP WITHIN SAID SUBDIVISION, AND
APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
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 98-04, McMILLIN OTAY RANCH SPA ONE,
PHASE 3, UNIT 1, and more particularly described as follows:
Being a subdivision of Lot 1 of Chula vista Tract No. 98-
04, McMillin Otay Ranch SPA 1 Phase 3, in the city of
Chula Vista, County of San Diego, State of California,
according to Map thereof No, 13884, filed in the office
of the County Recorder of San Diego County, December 8,
1999.
Area: 21.008 acres No. of Lots: 91
Numbered Lots: 90 Lettered Lots: 1
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 upon receipt by the
city of Chula vista of all improvement securities described in the
Subdivision Improvement Agreement.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public streets, to-wit: Sierra Verde
Road, Corral View Avenue, Valley Bend Street, Misty Ridge Place,
and Ranchette Place, and said streets are hereby declared to be
public streets and dedicated to the public use.
1
&11-1
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula vista the 10' pedestrian access
easements 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 sewer and drainage and
sight visibility easements, as shown on said map within said
subdivision.
BE IT FURTHER RESOLVED that said Council hereby
acknowledges on behalf of the City of Chula vista the Irrevocable
Offer of Dedication of the Fee Interest of Lot A for open space and
other public purposes.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the assignable and irrevocable General
utility and Access Easements, all as shown on said map within this
subdivision.
BE IT FURTHER RESOLVED that said Council hereby
terminates, vacates and abandons on behalf of the City of Chula
vista a certain sewer easement granted on Map. No. 13884.
BE IT FURTHER RESOLVED that said Council hereby abandons
on behalf of the City of Chula vista a certain sewer and drainage
easement granted on Map No. 13884.
BE IT FURTHER RESOLVED that the city Clerk of the city of
Chula vista be, and 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 therefore stated and that the
Irrevocable Offer of Dedication of the fee interest of said lot be
acknowledged and that those certain Assignable and irrevocable
General utility and Access Easements, pedestrian access easement,
public sewer and drainage easement and the sight visibility
easement, as granted thereon and shown on said map within said
subdivision are accepted and that the sewer easement and the sewer
and drainage easement granted on Map No. 13884 are abandoned on
behalf of the city of Chula vista as hereinbefore stated.
BE IT FURTHER RESOLVED that the City Clerk be, and is
hereby directed to transmit said map to the Clerk of the Board of
supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the ----- day of , 1999, 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.
2
~A-~
~-_.__...-_._---_._..---------------oo _0'--_--
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and he is hereby authorized and directed to execute
said agreement for and on behalf of the City of Chula vista.
Presented by Approved as to form by
~1 <C ¿;.,!,~
John P. Lippitt, Director of John, Kaheny, Clty
Public Works Attorney
H, IhomelattorneYlresolorph3unl. fm
3
~ 1+- S
'Rev; sed
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
2000, by and between THE CITY OF CHULA VISTA, a municipal
corporation, hereinafter called "City", and McMILLIN LAND
DEVELOPMENT, 2727 Hoover Avenue, National City, CA 91950,
hereinafter called "Subdivider" with reference to the facts set
forth below, which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of
the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as MCMILLIN
OTAY RANCH SPA ONE, PHASE THREE, UNIT ONE, 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 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
1
~A- ~
----------
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. 19034, approved on the 6th day of
June, 1998 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the city Engineer, as
shown on Drawings Nos. 99-1709 through 99-1717 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 Nine Hundred
Seventy-One Thousand Eight Hundred Seventy-Nine Dollars and No
Cents ($971,879.00).
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 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 will
cause all necessary materials to be furnished and all Improvement
2
~A Jj
u --------
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
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 Four Hundred Eighty-Five Thousand Nine Hundred Thirty-Nine
Dollars and Fifty Cents ($485,939.50) which security shall
guarantee the faithful performance of this contract by Subdivider
and is attached hereto, marked Exhibit "A" and made a part hereof.
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 Four Hundred Eighty-Five Thousand Nine Hundred Thirty-Nine and
Dollars Fifty Cents ($485,939.50) to secure the payment of material
and labor in connection with the installation of said public
improvements, which security is attached hereto, marked Exhibit "B"
and made a part hereof and the bond amounts as contained in Exhibit
"B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
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 Twenty-Five Thousand Dollars and No Cents ($25,000.00) 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
3
fa A-V;
-------------- ---------.
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 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.
4
'A '1
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 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.
(NEXT PAGE IS SIGNATURE PAGE)
5
loA. ß
SIGNATURE PAGE TO
SUBDIVISON IMPROVEMENT AGREEMENT
McMILLIN OT A Y RANCH SPA ONE, PHASE THREE, UNIT ONE
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 McMILLIN OT A Y RANCH, LLC
a Delaware limited liability company
By: McMillin Companies, LLC
a Delaware.'t iability company
Its: M
By:
Mayor of the City of Chula Vista VlCl..t~
Its:
ATTEST ~~
City Clerk By:
Approved as to form by Its:
City Attorney
(Attach Notary Acknowledgment)
6
~AGl
- ..-..--.....------. ...-..------.-... ..----
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On 1/3/00 , before me, Dawn B. Mendoza. Notarv Public personally appeared
Robert A. Pletcher and Craia T. Fukuvama ,personally known to me to be the persons whose
names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the persons
or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal. f@ "'w,. MÊNDÓÌ";- )
Signature ~ ~ COMM.# 1125049 Z
(J~O- Z '" ...' NOrAA~:'~~~~.~FOANIA ~
l- - - ~~~"'-"J""P'AESJAN30.200' J
- - - -....~
Th'",..'o<offio','"o'""""
Title of Document Subdivision Improvement Aareement - Otay Ranch
Date of Document No. of Pages
Other signatures not acknowledged
No~'Y Fo~.2 (oA 10 MoMiI"" Comp"'"
-----------"'-----------'_-.m______-----.-
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $485,939.50
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $485,939.50
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $25,000.00
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
H, \home\attorney\,ia\McMillin, 1
7
{¡¡fA, II
- . ~- . --.-.-.---..--------- -----~---
RESOLUTION NO. -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR TRACT 98-04,
McMILLIN OTAY RANCH SPA ONE, PHASE 3, UNIT 1
(R41) AND AUTHORIZING THE MAYOR TO EXECUTE
SAME
WHEREAS, the developer for McMillin Otay Ranch SPA One,
Phase 3, unit 1 has executed a Supplemental Subdivision Improvement
Agreement (SSIA) to satisfy Condition Nos. 23, 67 and 76(c) of
Resolution 19034; and
WHEREAS, staf f has reviewed said Agreement and determined
that it satisfies all the applicable tentative map conditions for
final map approval and recommends Council approval.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve the Supplemental
Subdivision Improvement Agreement for Tract 98-04 McMillin Otay
Ranch SPA One, Phase 3, Unit 1 (R41) , a copy of which is on file
with the office of the City Clerk,
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
Presented by Approved as to form by
~'~
,-P
John P. Lippitt, Director of John M, Kaheny, c~ty
Public Works Attorney
H, \home\attorney\reso\ORPH3Unl. fm
b8-1
RECORDING REQUEST BY, )
)
City Clerk )
)
WHEN RECORDED MAIL TO, )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 9l9l0 )
)
No transfer tax is due as this is )
conveyance to a public agency of )
less than a fee interest for which )
no cash consideration has been paid )
or received. )
)
)
)
Developer )
)
_~ove Space for Recorder's Use
McMILLIN OTAY RANCH SPA ONE VILLAGE FIVE
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
SPA ONE PHASE THREE UNIT ONE
(Conditions 23, 67, and 76 (c))
This Supplemental Subdivision Improvement Agreement
("Agreement") is made this - day of , 2000, by and
between THE CITY OF CHULA VISTA, California ("City" or "Grantee")
and McMillin Otay Ranch LLC, 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, more particularly described on
Exhibit "A" attached hereto and incorporated herein ("referred to
herein as "Property"),
B. The City has approved, by Resolution No. 19034
("Resolution"), a Tentative Subdivision Map commonly referred to
as Chula Vista Tract 98-04 ("Tentative Subdivision Map") for the
subdivision of the McMillin Otay Ranch Property, subject to certain
conditions as more particularly described in the Resolution.
H:\HOMEIENGINEER\LANDDEVlOT A YRNCH\0R226FSRl.DOC I
~-ß
c. Developer has requested a final map for the Property,
commonly known as SPA One, Phase Three, Unit One of McMillin Otay
Ranch, For purposes of this Agreement the term "Project" shall
also mean "Property."
D. City is willing, on the premises, security, terms and
conditions herein contained to approve the final map for which
Developer has applied ("Final Map") as being in substantial
conformance with the Tentative Subdivision Map conditions, as
described above. Developer understands that subsequent final maps
may be subject to the same conditions.
E. The following defined terms shall have the meaning set
forth herein, unless otherwise specifically indicated:
1. "guest builder" means those entities obtaining any
interest in the Property or a portion of the Property, after this
Final Map has been recorded.
2. "Owner" or "Developer" means the person, persons, or
entity having a legal or equitable interest in the Property, or
parts thereof, and includes Developer's successors-in-interest and
asslgns.
3. "McMillin Otay Ranch SPA One" means all the
properties located within Chula Vista Tract 97-02 approved by
Council Resolution 18686 and Chula Vista Tract No. 98-04 approved
by Council Resolution 19034.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
1. 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, as described on Exhibit "A", until released by the mutual
consent of the parties.
b. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") benefit and burden
the Property, its successors and assigns and any successor in
interest thereto as well as benefit the City. 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
H:\HOMElENGINEERILANDDEV\OTA YRNCHlOR226FSR1.DOC 2
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 Property or 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, provided Developer obtains the prior 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 assignee's 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.
d. Partial Release of Developer's Assignees. If
Developer assigns any portion of the Property or 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 the
requirements of this Agreement has been met to the satisfaction of
the City and the City determines, in its sole discretion, that and
such partial release, will not jeopardize the satisfactory
performance of the remainder of the Burden.
e. Release of Individual Lots. Upon conveyance of a
residential lot to a buyer of an individual housing unit, Developer
may have the right to obtain a release for such lot from the
Developer's obligations under this Agreement, provided Developer
obtains the prior written consent of the City to such release. The
City shall not withhold its consent to such release so long as the
City finds that the Developer is in compliance with the terms of
this Agreement and that such partial release will not jeopardize
the City's assurance that the obligations set forth in this
Agreement will be performed.
2. Condition No. 23 - (Street Trees). In satisfaction of
Condition No, 23 of the Resolution, Developer hereby agrees to
plant trees within all street parkways and street tree easements
which have been selected from the revised list of appropriate tree
H;\HOMEIENGINEER\LANDDEVlOT A YRNCH\OR226FSRl.DOC 3
species described in the Village Design Plan which shall be
approved by the Director of Planning and Building and the Director
of Public Works, The applicant shall provide root control methods
per the requirements of the Director of Planning and Building,
install irrigation line from each individual home to the adjacent
parkway, and provide a deep watering irrigation system for the
trees.
Developer shall obtain approval from the Director of Planning and
Building and the City Engineer of a separate street tree
improvement plan which includes the final selection of trees, the
locations of trees within the parkway, and in relation to water
laterals, sewer laterals, dry utilities, driveways, inlets and
pedestrian ramps, within ninety (90) Days of the approval of the
Final Map. Developer understands that the City may withhold the
issuance of building permits within the Final Map if the street
tree improvement plan is not approved within said ninety (90) day
period,
3. Condition No. 67 - (Parks). In partial satisfaction of
Condition No. 67 of the Resolution, Developer agrees to commence
construction of Park P-9 and the Paseo, between Park P-6 and the
connector trail adjacent to Otay Lakes Road, no later than July 1,
2000, Commencement of construction of Park P-9 and the Paseo may,
in the City's discretion, be extended for a period of time approved
by the City, if such postponement is caused by the City's delay in
approving the construction plans for P-9 and the Paseo or for some
other reason approved by the City. The Developer shall complete
construction of the P-9 Park and the Pas eo within eight months of
commencing construction. For purposes of this paragraph, the term
completion of construction shall mean that construction has been
completed and accepted by the Director of Planning and Building,
but prior to the City's established maintenance period.
4. Condition No. 76 (c) - (Maintenance). In satisfaction of
condition No. 76 (c) of the Resolution, Developer agrees that on or
before 60 days from the date of Council approval of this Agreement,
Developer shall submit for City's approval the grant of easements
and maintenance agreements in the form shown on Exhibit "B", and
other appropriate documentation, describing the maintenance
standards and responsibility of the Master Homeowner's Association
(MHOA) for the Open Space Areas within the Property, Developer
acknowledges that the MHOA's maintenance of the Open Space Areas may
expose the City to liability. Developer agrees to establish an
MHOA that will hold the City harmless from any negligence of the
MHOA in the maintenance of such Open Space Areas. Further,
Developer agrees to include in said grant of easements and
maintenance agreement the obligation of the MHOA to maintain the
following improvements: 1) parkways within all the public street's
H:IHOMEIENGINEERILANDDEVlOTA YRNCmOR226FSR1.DOC 4
right-of-way located within McMillin Otay Ranch SPA One that are
not contiguous with a residential unit excepting those parkways
that are contiguous with a general fund maintained park, and 2) all
the retaining walls associated with the easterly and westerly ramps
approaching the pedestrian Bridge crossing La Media Road as shown
on improvement plans approved by the City Engineer.
5. Assignabili ty. Upon request of the Developer, 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. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction of Developer's
obligation with respect to this Final Map of Conditions Nos. 23 and
76(c) and in partial satisfaction of Condition No. 67 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
Property as may be appropriate.
7. Unfulfilled Conditions. Developer hereby agrees, unless
otherwise conditioned, that Developer shall comply with all
unfulfilled conditions of approval of the Tentative Map,
established by the Resolution and shall remain in compliance with
and implement the terms, conditions and provisions therein.
8. Recording. This Agreement, or an abstract hereof shall
be recorded simultaneously with the recordation of the Final Map,
9. Building Permits. Developer understands and agrees that
the City may withhold the issuance of building permits for the
Property, 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 with reasonable time to cure said breach.
10. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement
H:\HOMEIENGINEERILANDDEVlOT A YRNCHlOR226FSR1.DOC 5
-----------~-_. . - -----.-..
or by law, any and all notices required or permitted by this
Agreement or by law to be served on or delivered to either party
shall be in writing and shall be deemed duly served, delivered, and
received when personally delivered to the party to whom it is
directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the u.s. mail, certified or registered
mail, return receipt requested, first-class postage prepaid,
addressed to the address indicated in this Agreement. A party may
change such address for the purpose of this paragraph by giving
written notice of such change to the other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Public Works
Developer:
McMillin Otay Ranch LLC,
2727 Hoover Avenue
National City, California, 91950
Attn: Robert Pletcher
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.
e. Recitals; Exhibits. Any recitals set forth above
and exhibits attached hereto are incorporated by reference into
this Agreement.
H:\HOMEIENGINEERILANDDEVlOT A YRNCHlOR226FSRl.DOC 6
f. Attorneys' Fees. If either party commences
litigation for the judicial interpretation, reformation,
enforcement or rescission hereof, the prevailing party will be
entitled to a judgment against the other for an amount equal to
reasonable attorneys' 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 Signature Page]
H:\HOMElENGINEERILANDDEVlOT A YRNCH\OR226FSRl.DOC 7
[SIGNATURE PAGE FOR SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR MCMILLIN OTAY RANCH SPA 1, PHASE 3, UNIT 1]
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first herein above set
forth.
THE CITY OF CHULA VISTA McMillin Otay Ranch LLC,
a Delaware limited liability
company
By: McMillin Companies, LLC a
Delaware limited liability
company
Its: Managing M
Mayor of the City of Chula
Vista By:
ATTEST
City Clerk
By:
Approved as to form by I/",~
Title:
City Attorney
(Attach Notary Acknowledgment)
H:\HOMElENGlNEERILANDDEV\OTA YRNCHlOR226FSRl.DOC 8
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On 12/16/99 , before me, Dawn B. Mendoza. Notarv Public personally
appeared Craie T. Fukuvama and Robert A. Pletcher, personally known to me to be the
persons whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities, and that by their signatures on the
instrument the persons or the entity upon behalf of which the persons acted, executed the
instrument.
WITNESS my hand and official seal.
Signature ~ c1ð.~
Th',.,æfacoffio'aIMlahal..al
Title of Document
Date of Document No. of Pages
Other signatures not acknowledged
Nalacy Fa~.2 MoM"'" Compa".'
- -_o_--~------- ----- 0_----------
EXHIBIT LIST
Lot 1 0
Phase 3. Exhibit "A" Legal description of Final Map area
Calif Or!
of the Exhibit "B" Sample of easement agreement
1999,
--~------ --~----- ------~---~--~-~-~----
. EXHIBIT B
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance to a public
agency for less than a fee interest for which no cash
consideration has been paid or received
(ABOVE SPACE FOR RECORDER'S USE)
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT ("Agreement") is made
this - day of ,199..... by and between the CITY OF CHULA VISTA, a municipal
corporation ("City"), and McMILLIN OT A Y RANCH LLC, a Delaware limited liability company ("LLC").
RECITALS
A, This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described in Exhibit" A" attached hereto and incorporated herein ("Property"). The Property
is part of a planned residential development project commonly known as "McMillin Lomas Verdes", For
purposes of this Agreement, the term "Project" shall also mean the Property",
B. LLC is the owner of the Property and the Declarant under that certain Master Declaration
of Restrictions For McMillin Lomas Verdes Master Association filed for record on ,1998
as Document No. 1998--, Official Records of San Diego County, California (the "Master Declaration").
LLC has caused the formation of McMillin Lomas Verdes Master Association, a nonprofit mutual benefit
corporation (the "MHOA") to maintain certain areas in the Project. Furthermore, one or more sub-associations
may be formed ("SHOA") for a particular project(s) within McMillin Lomas Verdes, the purposes of which
would include the maintenance of certain amenities within the project over which the SHOA has jurisdiction.
C. The Property is covered by that certain final map (the "Final Map") described on Exhibit
"A" attached hereto.
D. On 1998, in order for LLC to obtain the Final Map and for the City to have
assurance that the maintenance of the Project's open space areas and thoroughfare median areas would be
provided for, the City and LLC entered into a Supplemental Subdivision Improvement Agreement, by Resolution
No. -' in which LLC agreed that maintenance of such areas shall be accomplished by the creation of
a home owners association and the establishment of a Community Facilities District. Exhibit "B" attached
hereto describes those particular easements which were dedicated to the public on the Final Map but which
T,\mom,Uinlo"""""","'.23 -1-
"23/.8
-- -
--
are to be maintained - by the MHOA. The public easements to be maintained by the Homeowner Association
are collectively referred to as the "MHOA Maintained Public Areas".
E. The City desires to grant to LLC easements for landscape maintenance purposes upon. over
and across the MHOA Maintained Public Areas consisting of [parkwaysl trails] in
orderto facilitate the obligations ofLLC as set forth in the Supplemental Subdivision Improvement Agreement,
adopted by Resolution No. -'
F. The City also will allow LLC to cross appropriate portions of that certain general utility
easement ("General Utility- Easement") described on Exhibit "C" attached hereto for purposes of access to
slopes within the Project which will initially be maintained by LLC and eventually maintained by the MHOA.
NOW, 1HEREFORE, in consideration of the mutual covenants herein contained, the panies agree
as set forth below.
1. Grant ofEasemen15. The City hereby grants to LLC and its agents, successors and assigns,
non-exclusive easements and rights-of-way over and across the MHOA Maintained Public Areas, for the purpose
of maintaining, repairing and replacing the landscaping improvements located thereon. The City also hereby
grants to LLC and its agents, successors and assigns, a non-exclusive access easement across the General Utility
Easement for the purpose of obtaining access to maintain those slopes within the Properties which will become
pan of the area maintained by the MHOA.
2. Maintenance Obli!!ations.
(a) LLC to Initially Maintain. LLC hereby covenants and agrees, at its sole cost and
expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, the MHOA
Maintained Public Areas, including all landscape improvements located thereon, at a level equal to
or better than the level of maintenance set forth in the Project's Landscape and Irrigation Plan
("Landscape Plan"), as approved by the City. For purposes of this Agreement, the tenn "Maintenance"
or "Maintain" shall mean the maintenance, repair and replacement obligations described herein.
(b) Transfer to MHOA. Upon LLC's transfer of Maintenance obligations to the MHOA,
LLC (i) the MHOA shall become obligated to perform the obligations so transferred and (ii) LLC
shall be released ftom such obligation. LLC represents to the City that LLC intends to and has the
authority to unilaterally transfer the obligation to maintain the MHOA Maintained Areas to the MHOA
and that such transfer has been provided for in the Master Declaration,
(c) Transfer By MHOA. The MHOA shall have the right to transfer Maintenance
obligations to a SHOA or to the owner of an apartment project ("Transferee"). Upon the MHOA's
transfer of Maintenance obligations to a Transferee, (i) the Transferee shall become ~bligated to
perform the obligations so transferred, (ii) MHOA shall retain the right to perform the Maintenance
should the transferee fail to do so and (iii) the transferee shall be released ITom the obligations so
transferred. LLC represents to the City that LLC believes it is likely that a SHOA will be formed for
PlanningAreaR-46 and that the Maintenance obligation for portions of the Santa Cora Avenue parkway
adjoining Planning Area "R-46" will be transferred to the SHOA.
n",aniU;"Io<ay\P>twyEu923 -2-
9123198
(d) . Notice of Transfer By LLc. At least si>.:ty (60) days prior to any transfer of a
Maintenance obligation by LLC, LLC shall give notice to the City ofLLe's intent to transfer the
Maintenance obligations and shall provide the City with a copy of the signed document which effectS
such transfer.
(e) Notice ofTnmsfer By MHOA. At least sixty (60) days prior to any transfer ofa
Maintenance obligation by MHOA , MHOA shal1 give notice to the City of MHO A's intent to nansfer
the Maintenance obligations and shall provide the City with a copy of the signed document which
effects such transfer.
3. Insurance. Section 5.1 (a) of the Master Declaration requires that the MHOA procure and
maintain certain insurance. That Section reads as follows:
(a) GenerallJability Insurance. The Master Association shall obtain
a comprehensive gencralliability and property damage insurance policy insuring
the Master Association and the Owners against liability incident to ownership or use
of the Master Association Property. The limits of such insurance shall not be less
than $3 Million covering all claims for death, personal injury and property damage
arising out of a single occurrence. Such insurance shall include the following
additional provisions provided they are available on a commercially reasonable basis:
(i) The City of Chu1a ViSta shall be named as an additionally
insured party to such insurance;
(ii) The policy shall not contain a cross-suit exclusion clause
which would abrogate coverage should litigation ensue betWeen
insureds;
(iii) The policy shall contain the following severability clause (or language
which is substantially the same): "The coverage shall apply separately to
each insured except with respect to the limits of liability."
This Section 5.1 (a) may not be amended without the written consent of the City
Planning Director or City Attorney.
Until such time as the MHOA has obtained such insurance, LLC hereby agrees to procure and maintain the
insurance as is required by the Section 5.1 (a), at its sole cost and expense. Each Transferee shall also obtain
such insurance.
4. Indemnitv. LLC hereby indemnifies the City as stated in Section 63 of the Master.Declaration
which reads as follows:
Indemnitv The Declarant and Master Association, respectively shall
indemnifY and hold the City hanDless ITom any liability, cost or expense,
including reasonably incurred attorneys' fees. which result fÌ'Om' the
Declarant's or the Master Association's respective failure to comply with the
requirements of the Section above entitled "Continuing Obligation To
T,\mom;U"-"IPrl<wyE.u923 -3-
9/23198
----~--
-
.-
Maintain Certain Public Areas". Neither the Declarant nor the Master
AssOciation shall have any liability under this Section by reason of (i) the
other party's failure to maintain or (ii) any Transferee's failure to maintain.
It is specifically intended that the City shall have the right to enforce this
Section. This Section may not be amended withoUt the written consent of
the City Planning Director or City Attorney.
5. Indemnitv If Transferee. The document whereby the MHOA transfers a Maintenance
obligation to a SHOA or apar1ment owner shall be signed by both the MHOA and the Transferee and shall
set forth an express assumption of Maintenance and other obligations hereunder and shall include the following
indemnification provision:
Indemnitv The [Jransferee's name] shall indemnify and hold the City
harmless fÌ'om any liability, cost or expense, including reasonably incurred
attorneys' fees, which result fÌ'om the Transferee's failure to comply with the
requirements of the obligations transferred hereby to T rausferee. Transferee
shall not have any liability under this ludemnity by reason of another party's
failure to maintain. It is specifically intended that the City shall have the
right to enforce this ludemnity. This ludemnity may not be amended withoUt
the written consent of the City Planning Director or City Attorney.
6. Aareement ADDlicable to SutisequeDt Owners.
(a) Agreement Bioding Upon any Successive Parties. This Agreement shall be
binding upon LLC and any successive Declarant under the Master Declaration. This Agreement shall
be binding upon MHOA and any Transferees upon transfer of Maintenance obligations to the MHOA
or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and
interests of the parties as to any or all of the Property.
(b) Agreement RODS 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, The 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 such covenants running with the land have been
provided, without regard to whether the City bas 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,
7. Govemi°e" Law. This Agreement shall be governed and construed in accordarice with the
laws of the State of California.
8. 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.
nmanillinlmay\Prl<wy..,923 -4-
9123198
. --------~-_.._-_._------_._._---_..-
-
9. CoDnternarts. This Agreement may be executed in any nwnber of counterpartS, each of which
shall be original and all of which shall constirute one and the same document.
]0. Recordinl:. The parties shall cause this Agreement to be recorded in the Official Records
of the San Diego County Recorder's Office within thiny (30) days after this Agreement has been approved
by the City Council.
]1. Miscellaneous Provisions.
(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 thereot: when three (3) business days have elapsed following
deposit in the United States 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. Facsimile
transmission shall constitute personal delivery.
If To City:
CITY OF CHULA VISTA
Department of Public WorksÆngineering Division
276 Fourth Avenue
Chula Vista., CA 91910
Attn: City Engineer
If To LLC:
McMillin Otay Ranch LLC
Development Engineering
The McMil1in Companies
2727 Hoover Avenue
National City, California 91950
Attn: Mr. Robert A. Pletcher
(b) Captious. Captions in this Agreement are inserted for convenience of reference and
do not define, describe or limit the scope or intent of this Agreement or any of its tenus.
(c) Entire Agreement. This Agreement, together with any other written document referred
to herein, embody the entire agreement and understanding between the parties regarding. the subjec:t
matter hereot: and any and all prior or contemporaneous oral or written representations, agreements,
understandings andlor 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) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
Tolmanillin"""y\Prl<wyEum -5-
9/23198
-
(e) . CompÜ8nœ With Laws. In the performance of its obligations under this Agreement,
LLC, its agents and employees, shall comply with any and all applicable fedeml, State and local rules,
regulations, ordinances, policies, permits and approvals.
(f) 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 ITom 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.
(g) Modification. This Agreement may not be modified, terminated or rescinded, in whole
or in part, except by written instrument 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.
(h) Severability. Ifanyterm, covenant or condition of this Agreement or the application
thereof to any person or circumstance shall, to any extent, be invalid or tmenfon:eable, the remainder
of this Agreement, or the application of such term, covenant or condition to person or circumstance,
shall not be affected thereby and each term, covenant or condition sball be valid and be enforced to
the fullest eXtent permitted by law.
(i) Preparation of Agreement. No inference, assmnption or presmnption shall be dmwn
from the fa::¡ that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively
presumed that both panies panicipated equally in the preparation and/or drafting of this Agreement.
[REMAINDER OF PAGE IN1ENTIONALL Y LEFT BLANK]
nnomil",,"""""""'Eu923 -6-
9/23/911
-
IN WITNESS WHEREOF, the panies hereto have caused this Agreement to be executed the day
and year first set forth above.
CITY OF CHULA VISTA., a municipal McMILLIN OTA Y RANCH, LLC,
corporation a Delaware limited liability company
BY: McMILLIN COM!' ANIES, LLC,
a Delaware limited liability company
By: Its: Managing Member
Mayor
By
Title
Attest:
By
Title
Beverly Authelet, City Clerk
APPROVED AS TO FORM:
By: By:
, City Attorney
Attorney for McMillin Otay Ranch, LLC
V.,=illiDlø""""",",,-W92J -7-
9123191
.~.~---------
- -
--
EXHIBIT "A"
The PrvpertV
[To Be Attached]
Un=iIIiDlo1ay\Prl<wyEu923
9123198
--------- ------- - ----- ----
-
.-
EXHIBIT "B"
MHOA Maintained Public '\reas - Written Descrintion
[To Be Attached]
nmomillinloaylPdnoyEu923
9/23/98
_. ------------------_.__._---~---
- -
--
EXHJBIT "C"
General UtiIitv Easement
BmonUlliDlomylPd<wyw923
9123198
I
I
RESOLUTION NO. -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A FINAL MAP FOR CHULA
VISTA TRACT 98-04, McMILLIN OTAY RANCH SPA
ONE, PHASE 3, UNIT 2 (R42), ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA THE
EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION, ACCEPTING ON BEHALF OF THE PUBLIC
SIERRA VERDE ROAD, FALCON PEAK STREET, DEER
PEAK COURT AND RIDGE ROCK COURT, ACKNOWLEDGING
ON BEHALF OF THE CITY OF CHULA VISTA THE
IRREVOCABLE OFFERS OF DEDICATION OF FEE
INTERESTS IN LOT A FOR OPEN SPACE AND OTHER
PUBLIC PURPOSES, ALL AS SHOWN ON SAID MAP
WITHIN SAID SUBDIVISION, AND APPROVING THE
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
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 98-04, McMILLIN OTAY RANCH SPA ONE,
PHASE 3, UNIT 2, and more particularly described as follows:
Being a subdivision of Lot 2 of Chula vista Tract No. 98-
04, McMillin Otay Ranch SPA 1 Phase 3, in the City of
Chula Vista, County of San Diego, State of California,
according to Map thereof No. 13884, filed in the office
of the County Recorder of San Diego County, December 8,
1999.
Area: 12.402 acres No. of Lots: 75
Numbered Lots: 74 Lettered Lots: 1
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 upon receipt by the
City of Chula vista of all improvement securities described in the
Subdivision Improvement Agreement.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public streets, to-wit: Sierra Verde
Road, Falcon Peak Street, Deer Peak Court and Ridge Rock Court, and
said streets are hereby declared to be public streets and dedicated
to the public use.
1
& t- /
~----~-~--~~- . .------~-~----'--
BE IT FURTHER RESOLVED that said council hereby accepts
on behalf of the City of Chula vista the sewer and drainage
easements as shown on said map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby
acknowledges on behalf of the city of Chula vista the Irrevocable
Offer of Dedication of the Fee Interest of Lot A for open space and
other public purposes.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the assignable and irrevocable General
utility and Access Easements, all as shown on said map within this
subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, and 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 therefore stated and that the
Irrevocable Offer of Dedication of the fee interest of said lot be
acknowledged and that those certain Assignable and irrevocable
General utility and Access Easements, and sewer and drainage
easement, as granted thereon and shown on said map within said
subdivision are accepted on behalf of the City of Chula Vista as
hereinbefore stated.
BE IT FURTHER RESOLVED that the City Clerk be, and is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the ----- day of , 1999, 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 the Mayor of the City of
Chula vista be, and he is hereby authorized and directed to execute
said agreement for and on behalf of the city of Chula vista.
Presented by Approved as to form by
6~t~Eif1 ~
John P. Lippitt, Director of Joh. Kaheny, ~
Public Works Attorney
H, \home\attorney\reso\orph3un2. fm
2
(P t, ()
.~...~~~~.~~ ~.
~ vi 'Sec\
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------,
2000, by and between THE CITY OF CHULA VISTA, a municipal
corporation, hereinafter called "City", and McMILLIN LAND
DEVELOPMENT, 2727 Hoover Avenue, National city, CA 91950,
hereinafter called "Subdivider" with reference to the facts set
forth below, which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of
the city of Chula vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as McMILLIN
OTAY RANCH SPA ONE, PHASE THREE, UNIT TWO, 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 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
1
"C. ?
,
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. 19034, approved on the 6th day of June,
1998 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 99-1702 through 99-1708 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 six Hundred
Fifty Thousand Two Hundred Seventy-Nine Dollars and No Cents
($650,279.00).
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 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
Subdi vider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
2
~c-4
..--.--...-. ..---.----.----
~,
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
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 Three Hundred Twenty-Five Thousand One Hundred Thirty-Nine
Dollars and Fifty Cents ($325, 139.50) which security shall
guarantee the faithful performance of this contract by Subdivider
and is attached hereto, marked Exhibit "A" and made a part hereof.
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 Three Hundred Twenty-Five Thousand One Hundred Thirty-Nine
Dollars and Fifty Cents ($325, 139.50) to secure the payment of
material and labor in connection with the installation of said
public improvements, which security is attached hereto, marked
Exhibit "E" and made a part hereof and the bond amounts as
contained in Exhibit "E", 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
3
(PC - '?
------------------------ - ---
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 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.
4
CoC-&'
.0__00_____0____-
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 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.
(NEXT PAGE IS SIGNATURE PAGE)
5
~C-7
SIGNATURE PAGE TO
SUBDIVISON IMPROVEMENT AGREEMENT
McMILLIN OT A Y RANCH SPA ONE, PHASE THREE, UNIT TWO
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed the day and year rust hereinabove set forth,
THE CITY OF CHULA VISTA McMILLIN OTAY RANCH, LLC
a Delaware limited liability company
By: McMillin Companies, LLC
a Delaware r it liability company
Its: M
By:
Mayor ofthe City ofChula Vista Vt't.Ivt.r;À!
Its: ~<"t
ATTEST
City Clerk By:
Approved as to form by Its:
City Attorney
(Attach Notary Acknowledgment)
6
foC- z
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On 1/3/00 , before me, Dawn B. Mendoza. Notarv Public personally appeared
Robert A. Pletcher and Craia T. Fukuvama ,personally known to me to be the persons whose
names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the persons
or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~ (Jð~
Thi'.'.. 'o<offio'al oota".1 ,..,
Title of Document Subdivision ImDrovement Aareement - Otav Ranch
Date of Document No. of Pages
Other signatures not acknowledged
Nota", Fo<m-2 {ç C-'1 MoM""o Compa",..
""---
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $325,139.50
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $325,139.50
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.
H, \home\attorney\,ia\MCMill. 2
7
~C- 10
RESOLUTION NO, -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR TRACT 98-04,
McMILLIN OTAY RANCH SPA ONE, PHASE 3, UNIT 2
(R42) AND AUTHORIZING THE MAYOR TO EXECUTE
SAME
WHEREAS, the developer for McMillin Otay Ranch SPA One,
Phase 3, unit 2 has executed a Supplemental Subdivision Improvement
Agreement (SSIA) to satisfy Condition Nos. 23, 67 and 76 (c) of
Resolution 19034; and
WHEREAS, staff has reviewed said Agreement and determined
that it satisfies all the applicable tentative map conditions for
final map approval and recommends Council approval,
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve the Supplemental
Subdivision Improvement Agreement for Tract 98-04 McMillin Otay
Ranch SPA One, Phase 3, Unit 2 (R42), a copy of which is on file
with the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the city of Chula Vista.
Presented by Approved as to form by
K9 <~
John P. Lippitt, Director of ~eny, Ci
Public Works Attorney
H. \home\attorney\reso\ORPH3Un2. fm
(pJ)'/
.-
RECORDING REQUEST BY: )
)
City Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 9J.9J.0 )
)
No transfer tax is due as this is )
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
McMILLIN OTAY RANCH SPA ONE VILLAGE FIVE
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
SPA ONE PHASE THREE UNIT TWO
(Conditions 23, 67, and 76 (c»
This Supplemental Subdivision Improvement Agreement
("Agreement") is made this - day of , 2000, by and
between THE CITY OF CHULA VISTA, California ("City" or "Grantee")
and McMillin Otay Ranch LLC, 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, more particularly described on
Exhibit "A" attached hereto and incorporated herein ("referred to
herein as "Property").
B. The City has approved, by Resolution No, 19034
("Resolution"), a Tentative Subdivision Map commonly referred to
as Chula Vista Tract 98-04 ("Tentative Subdivision Map") for the
subdivision of the McMillin Otay Ranch Property, subject to certain
conditions as more particularly described in the Resolution.
I
H:\HOME\ENGINEERILANDDEVlOT A YRNCHlOR225FSS .DOC
&.])
......_.__.~-_._-
c. Developer has requested a final map for the Property,
commonly known as SPA One, Phase Three, Unit Two of McMillin Otay
Ranch, For purposes of this Agreement the term "Project" shall
also mean "Property."
D. city is willing, on the premises, security, terms and
conditions herein contained to approve the final map for which
Developer has applied ("Final Map") as being in substantial
conformance with the Tentative Subdivision Map conditions, as
described above. Developer understands that subsequent final maps
may be subject to the same conditions.
E. The following defined terms shall have the meaning set
forth herein, unless otherwise specifically indicated:
1. "guest builder" means those entities obtaining any
interest in the Property or a portion of the Property, after this
Final Map has been recorded.
2. "Owner" or "Developer" means the person, persons, or
entity having a legal or equitable interest in the Property, or
parts thereof, and includes Developer's successors-in-interest and
assJ.gns.
3. "McMillin Otay Ranch SPA One" means all the
properties located within Chula Vista Tract 97-02 approved by
Council Resolution 18686 and Chula Vista Tract No. 98-04 approved
by Council Resolution 19034.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below,
1. 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, as described on Exhibit "A", until released by the mutual
consent of the parties.
b. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") benefit and burden
the Property, its successors and assigns and any successor in
interest thereto as well as benefit the City. City is deemed the
beneficiary of such covenants for and in its own right and for the
2
H:\HOMElENGINEER ILANDDEVlOT A YRNCH\0R225FSS .DOC
. -.--.-.. ---.----..-.---.-..-..
purposes of protecting the interest of the community and other
parties public or private, in whose favor and for whose benefit of
such covenants ru=ing 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 Property or 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, provided Developer obtains the prior 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 assignee's 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.
d. Partial Release of Developer's Assignees. If
Developer assigns any portion of the Property or 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 the
requirements of this Agreement has been met to the satisfaction of
the City and the City determines, in its sole discretion, that and
such partial release, will not jeopardize the satisfactory
performance of the remainder of the Burden.
e. Release of Individual Lots. Upon conveyance of a
residential lot to a buyer of an individual housing unit, Developer
may have the right to obtain a release for such lot from the
Developer's obligations under this Agreement, provided Developer
obtains the prior written consent of the City to such release. The
City shall not withhold its consent to such release so long as the
City finds that the Developer is in compliance with the terms of
this Agreement and that such partial release will not jeopardize
the City's assurance that the obligations set forth in this
Agreement will be performed.
2. Condition No. 23 - (Street Trees). In satisfaction of
3
H: \H 0 ME\EN GINEER \LAND D E V\O T A YRN C 11\0 R22 5FSS. DOC
Condition No. 23 of the Resolution, Developer hereby agrees to
plant trees within all street parkways and street tree easements
which have been selected from the revised list of appropriate tree
species described in the Village Design Plan which shall be
approved by the Director of Planning and Building and the Director
of Public Works. The applicant shall provide root control methods
per the requirements of the Director of Planning and Building,
install irrigation line from each individual home to the adjacent
parkway, and provide a deep watering irrigation system for the
trees,
Developer shall obtain approval from the Director of Planning and
Building and the City Engineer of a separate street tree
improvement plan which includes the final selection of trees, the
locations of trees within the parkway, and in relation to water
laterals, sewer laterals, dry utilities, driveways, inlets and
pedestrian ramps, within ninety (90) Days of the approval of the
Final Map. Developer understands that the City may withhold the
issuance of building permits within the Final Map if the street
tree improvement plan is not approved within said ninety (90) day
period.
3. Condition No. 67 - (Parks). In partial satisfaction of
Condition No, 67 of the Resolution, Developer agrees to commence
construction of Park P-9 and the Paseo, between Park P-6 and the
connector trail adjacent to Otay Lakes Road, no later than July 1,
2000. Commencement of construction of Park P-9 and the Paseo may,
in the City's discretion, be extended for a period of time approved
by the City, if such postponement is caused by the City's delay in
approving the construction plans for P-9 and the Paseo or for some
other reason approved by the City. The Developer shall complete
construction of the P-9 Park and the Paseo within eight months of
commencing construction, For purposes of this paragraph, the term
completion of construction shall mean that construction has been
completed and accepted by the Director of Planning and Building,
but prior to the City's established maintenance period.
4. Condition No. 76(c) - (Maintenance). In satisfaction of
condition No. 76(c) of the Resolution, Developer agrees that on or
before 60 days from the date of Council approval of this Agreement,
Developer shall submit for City's approval the grant of easements
and maintenance agreements in the form shown on Exhibit "B", and
other appropriate documentation, describing the maintenance
standards and responsibility of the Master Homeowner's Association
(MHOA) for the Open Space Areas within the Property, Developer
acknowledges that the MHOKs maintenance of the Open Space Areas may
expose the City to liability. Developer agrees to establish an
MHOA that will hold the City harmless from any negligence of the
4
H:\HOMEIENGINEER ILANDDEV\OT A YRNCHlOR22SFSS.DOC
.
MHOA in the maintenance of such Open Space Areas. Further,
Developer agrees to include in said grant of easements and
maintenance agreement the obligation of the MHOA to maintain the
following improvements: 1) parkways within all the public street's
right-of-way located within McMillin Otay Ranch SPA One that are
not contiguous with a residential unit excepting those parkways
that are contiguous with a general fund maintained park, and 2) all
the retaining walls associated with the easterly and westerly ramps
approaching the pedestrian Bridge crossing La Media Road as shown
on improvement plans approved by the City Engineer.
5. Assignability. Upon request of the Developer, 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. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction of Developer's
obligation with respect to this Final Map of Conditions Nos. 23 and
76 (c) and in partial satisfaction of Condition No. 67 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
Property as may be appropriate,
7. Unfulfilled Conditions. Developer hereby agrees, unless
otherwise conditioned, that Developer shall comply with aU
unfulfilled conditions of approval of the Tentative Map,
established by the Resolution and shall remain in compliance with
and implement the terms, conditions and provisions therein,
8. Recording. This Agreement, or an abstract hereof shall
be recorded simultaneously with the recordation of the Final Map.
9. Building Permits. Developer understands and agrees that
the City may withhold the issuance of building permits for the
Property, 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
5
H:IHOMEIENGINEER ILANDDEVIOT A YRNCHlOR225FSS.DOC
.._~_.._.-
Developer with reasonable time to cure said breach,
10. Miscellaneous,
a. Notices, Unless otherwise provided in this Agreement
or by law, any and all notices required or permitted by this
Agreement or by law to be served on or delivered to either party
shall be in writing and shall be deemed duly served, delivered, and
received when personally delivered to the party to whom it is
directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S. mail, certified or registered
mail, return receipt requested, first-class postage prepaid,
addressed to the address indicated in this Agreement. A party may
change such address for the purpose of this paragraph by giving
written notice of such change to the other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Public Works
Developer:
McMillin Otay Ranch LLC,
2727 Hoover Avenue
National City, California, 91950
Attn: Robert Pletcher
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,
e. Recitals; Exhibits. Any recitals set forth above
and exhibits attached hereto are incorporated by reference into
this Agreement,
6
H:\HOMElENGINEER ILANDDEVIOT A YRNCHlOR225FSS .DOC
---- .------ -- ------.
f. Attorneys' Fees. If either party commences
litigation for the judicial interpretation, reformation,
enforcement or rescission hereof, the prevailing party will be
entitled to a judgment against the other for an amount equal to
reasonable attorneys' 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 Signature Page]
7
H:IHOMElENGINEERILANDDEVlOT A YRNCHlOR225FSS .DOC
------------------------- ----------
[SIGNATURE PAGE FOR SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR MCMILLIN OTAY RANCH SPA 1, PHASE 3, UNIT 2]
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first herein above set
forth.
THE CITY OF CHULA VISTA McMillin Otay Ranch LLC,
a Delaware limited liability
company
By: McMillin Companies, LLC a
Delaware limited liability
company
Its: Managing
Mayor of the City of Chula
Vista By:
ATTEST
City Clerk
By:
Approved as to form by V(,((.V~~
Title:
City Attorney
(Attach Notary Acknowledgment)
8
H:\HOMElENGINEERILANDDEVlOT A YRNCHlOR225FSS .DOC
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On 12/16/99 , before me, Dawn B. Mendoza, Notarv Public personally
appeared Craia T. Fukuvama and Robert A. Pletcher, personally known to me to be the
persons whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities, and that by their signatures on the
instrument the persons or the entity upon behalf of which the persons acted, executed the
instrument.
WITNESS my hand and official seal. r--- M~~ËÎ ;;;ENOO~
;: COMM.# 1125049 z
~ &è~ if) NOTARY PUBLIC.cAUFOANIA ~
Z SAN DIEGO- CA -
Signature l.-'~~
Th'",ea f"offio"',olaoa' ",'
Title of Document
Date of Document No. of Pages
Other signatures not acknowledged
NOIa",F"",,"' MoM"'" Comp,"'"
- ----- -- -- -------------
EXHIBIT LIST
Exhibit "A" Legal description of Final Map area
Exhibit "B" Sample of easement agreement
.
EXHIBIT A
Lot 2 of Chula Vista Tract No. 98-04, McMillin Otay Ranch SPA 1
Phase 3, in the City of Chula Vista, County of San Diego, State of
California, according to Map thereof No, 13884, filed in the Office
of the County Recorder of said San Diego County on December 8,
1999,
~ -~---~---------
.- EXHIBIT B
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tar is due as this is a conveyance to a public
agency for less than afee imerestfor which no cash
consideration has been paid or received
(ABOVE SPACE FOR RECORDER" USE)
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT ("Agreement") is made
this - day of ,199--- by and between the CITY OF CHULA VISTA, a municipal
corporation ("Ciry"), and McMILLIN OTA Y RANCH LLC, a Delaware limited liability company ("LLC").
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described in Exhibit" A" attached hereto and incorporated herein ("Property"). The Property
is part of a planned residential development project commonly known as "McMillin Lomas Verdes". For
purposes of this Agreement, the term "Project" shall also mean the Property".
B. LLC is the owner of the Property and the Declarant under that certain Master Declaration
of Restrictions For McMillin Lomas Verdes Master Association filed for record on ,1998
as Document No. 1998------, Official Records of San Diego County, California (the "Master Declaration").
LLC has caused the formation of McMillin Lomas Verdes Master Association, a nonprofit mutua! benefit
corporation (the "MHOA") to maintain certain areas in the Project Furthermore, one or more sub-associations
may be formed ("SHOA") for a particularproject(s) within McMillin Lomas Verdes, the purposes of which
would include the maintenance of certain amenities within the project over which the SHOA has jurisdiction.
C. The Property is covered by that certain final map (the "Final Map") described on Exhibit
.. A" attached hereto.
D. On 1998, in order for LLC to obtain the Final Map and for the City to have
assurance that the maintenance of the Project's open space areas and thoroughfare median areas would be
provided for, the City and LLC entered into a Supplemental Subdivision Improvement Agreement, by Resolution
No. -' in which LLC agreed that maintenance of such areas shall be accomplished by the creation of
a home owners association and the establishment of a Community Facilities District, Exhibit "B" attached
hereto describes those particular easements which were dedicated to the public on the Final Map but which
T.lmomiUinlo>ay\Pd<wy...923 -1-
9"-'191
- -
,-
are to be maintained, by the MHOA, The public easements to be maintained by the Homeowner Association
are collectively referred to as the "MHOA Maintained Public Areas",
E. The City desires to grant to LLC easements for landscape maintenance purposes upon. over
and across the MHOA Maintained Public Areas consiSting of [parkwaysl trails] in
order to fucilitate the obligations ofLLC as set forth in the Supplemental Subdivision Improvement Agreement.
adopted by Resolution No. -'
F. The City also will allow LLC to cross appropriate portions of that certain general utility
easement ("General Utility' Easement") described on Exhibit "C" attached hereto for pUlposes of access to
slopes within the Project which will initially be maintained by LLC and eventually maintained by the MHOA.
NOW, TIŒREFORE, in consideration of the mutual covenants herein contained, the parties agree
as set forth below.
1. Grant of Easements. The City hereby grants to LLC and its agents, successors and assigns,
non-exclusive easements and rights-of-way over and across the MHOA Maintained Public Areas, forthe purpose
of maintaining, repairing and replacing the landscaping improvements located thereon, The City also hereby
grants to LLC and its agents.. successors and assigns, a non-exclusive access easement across the General Utility
Easement for the purpose of obtaining access to maintain those slopes within the Properties which will become
part of the area maintained by the MHOA.
2. Maintenance Obliaations,
(a) LLC to InffiaIIy Maintain. LLC hereby covenants and agrees. at its sole cost and
expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, the MHOA
Maintained Public Areas, including all landscape improvements located thereon, at a level equal to
or better than the level of maintenance set forth in the Project's Landscape and Irrigation Plan
("Landscape Plan"), as approved by the City. For purposes of this Agreement, the term "Maintenance"
or "Maintain" shall mean the maintenance, repair and replacement obligations described herein,
(b) Transfer to MHOA. Upon LLC's 1ranSfer of Maintenance obligations to the MHOA,
LLC (i) the MHOA shall become obligated to perform the obligations so transferred and (ii) LLC
shall be released from such obligation. LLC represents to the City that LLC intends to and has the
authority to unilaterally transfer the obligation to maintain the MHOA Maintained Areas to the MHOA
and that such transfer has been provided for in the Master Declaration.
(c) Transfer By MHOA. The MHOA shall have the right to transfer Maintenance
obligations to a SHOA or to the owner of an apartment project ("Transferee"). Upon the MHOA's
transfer of Maintenance obligations to a Transferee, (i) the Transferee shall become ~bligated to
perform the obligations so transferred, (ii) MHOA shall retain the right to perform the Maintenance
should the transferee fail to do so and (iii) the transferee shall be released from the obligations so
transferred. LLC represents to the City that LLC believes it is likely that a SHOA will be formed for
Planning Area R-46 and that the Maintenance obligation for portions of the Santa Cora Avenue parkway
adjoining Planning Area "R-46" will be transferred to the SHOA.
T,lmamllmlo<ay\P<kwyEa.9" -2-
9123191
-
(d) . Notice of Transfer By LLc. At least sixty (60) days prior to any transfer of a
Maintenance obligation by LLC, LLC shall give notice to the City ofLLC's intent to transfer the
Maintenance obligations and shall provide the City with a copy of the signed document which effects
such transfer.
(e) Notice ofTraasfer By MHOA. At least sixty (60) days prior to any transfer of a
Maintenance obligation by MHOA , MHOA shall give notice to the City of MHO A's intent to transfer
the Maintenance obligations and shall provide the City with a copy of the signed document which
effects such transfer.
3. Insurance. Section 5.1 (a) of the Master Declaration requires that the MHOA procure and
maintain certain insurance. That Section reads as follows:
(a) General Liability Insurance. The Master Association shall obtain
a comprehensive genera1liability and property damage insurance policy insuring
the Master Association and the Owners against liability incident to ownership or use
of the Master Association Property. The limits of such insurance shall not be less
than $3 Million covering all claims for death, personal injury and property damage
arising out of a single occurrence. Such insurance shall include the following
additional provisions provided they are available on a commeæially reasonable basis:
(i) The City ofChula Vista shall be named as an additionally
insured party to such insurance;
(ii) The policy shall not contain a cross-suit exclusion clause
which would abrogate coverage should litigation ensue betWeen
insureds;
(iii) The policy shall contain the following severability clause (or language
which is substantially the same): "The coverage shall apply separately to
each insured except with respect to the limits of liability."
This Section 5.1 (a) may not be amended without the written consent of the City
Planning Director or City Attorney.
Until such time as the MHOA has obtained such insurance, LLC hereby agrees to procure and maintain the
insurance as is required by the Section 5.1 (a), at its sole cost and expense. Each Transferee shall also obtain
such insurance.
4. Indemnitv. LLC hereby indemnifies the City as stated in Section 63 of the Master peclaration
which reads as follows:
Indemnitv The Declarant and Master Association, respectively shall
indemnifY and hold the City hanDless fÌ'Om any liability, cost or expense,
including reasonably incurred attorneys' fees, which result fÌ'Om the
Declarant's or the Master Association's respective failure to comply with the
requirements of the Section above entitled "Continuing Obligation To
n..=iUiD"""""""'Eu923 -3-
9/23191
..oo...._oo_~~_..oo -----~OO_._-
- -
--
Maintain Certain Public Areas". Neither the Declarant nor the Master
Association shall have any liability under this Section by reason of (i) the
other party's failure to maintain or (ii) any Transferee's failure to maintain.
It is specifically intended that the City shall have the right to enforce this
Section. This Section may not be amended without the written consent of
the City Planning Director or City Attorney.
5. Indemnitv If Transferee. The document whereby the MHOA transfers a Maintenance
obligation to a SHOA or apartment owner shall be signed by both the MHOA and the Transferee and shall
set forth an express assumption of Maintenance and other obligations hereunder and shall include the following
indemnification provision:
Indemnitv The [Transferee's name) shall indemnify and hold the City
harmless fÌ'om any liability, cost or expense, including reasonably incurred
attorneys' fees, which result from the Transferee's failure to comply with the
requirements of the obligationstransfem:d hereby to Transferee, Transferee
shall not have any liability under this Indemnity by reason of another party's
failure to maintain. It is specifically intended that the City shall have the
rightto enforce this indemnity. This Indemnity may not be amended without
the written consent of the City Planning Director or City Attorney.
6. Aureement Annlicable to SuD.eouent Owners.
(a) Agreement Binding Upon any Successive Parties. This Agreement shall be
binding upon LLC and any successive Declarant under the Master Declaration. This Agreement shall
be binding upon MHOA and any Transferees upon transfer of Maintenance obligations to the MHOA
or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and
interests of the parties as to any or all of the Property.
(b) Agreement RUDS With the Laud. Tne 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. The 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 such covenants running with the land have been
provided, without regard to whether the 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.
7. Goveminf Law, This Agreement shall be governed and construed in accordarice with the
laws of the State of California.
8. 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.
r Imanilil" \oœy\I'd<wyEu923 4-
9123/98
-
--
9- Coooternarts- 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.
10. Recordine. The parties shall cause this Agreement to be recorded in the Official Records
of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved
by the City Council.
11. Miscellaneons Provisions.
(a) Notices. Unless otherwise provided in this Agreement or by law, any and all notiCes
required or pennitted by this Agreement or by law to be served on or delivered to either party shall
be in writing and shall be deemed duly served, delivered and received when personally delivered to
the party to whom it is directed or, in lieu thereof; when three (3) business days have elapsed following
deposit in the United States 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 PlJl1lOse of this Paragraph by giving written notice of such change to the other party. Facsimile
transmission shall constitute personal delivery.
If To City:
CITY OF CHULA VISTA
Department of Public WorksÆngineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
If To LLC:
McMillin Otay Ranch LLC
Development Engineering
The McMillin Companies
2727 Hoover Avenue
National City, California 91950
Attn: Mr. Robert A. Pletcher
(b) Captions. Captions in this Agreement are inserted for convenience of reference and
do not define, describe or limit the scope or intent of this Agreement or any of its tenus.
(c) Entire Agreement. This Agreement, together with any otherwritten document refened
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.
(d) Recitals; Exhibits. Any recitals set forth above and any áttached exhibits are
incorporated by reference into this Agreement.
",,".,.;n;,,\o>ay\Pri<wyw923 -5-
9123198
--------- -------- ---------------~~
-
.-
(e) . Compliaoce With Laws. In the performance of its obligations under this Agreement,
LLC, its agents and employees, shall comply with any and all applicable federal, state and local rules,
regulations, ordinances, policies, permits and approvals.
(f) 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.
(g) Mildification. This Agreement may not be modified, terminated or rescinded, in whole
or in part, except by written instrument duly executed and acknowledged by the panies hereto, their
successors or assigns, and duly recorded in the Official Records of the San Diego County Recorder's
Office.
(h) Severahility. 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 petson or circumstance,
shall not be affected thereby and each term, covenant or condition shall be valid and be enforced to
the fullest eXtent permitted by law,
(I) Preparation of Agreement. No inference, asswnption or preswnption shall be drawn
írom the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively
presumed that both panies participated equally in the preparation and/or drafting of this Agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Hnaaillinlolay\Pri<wy..,923 -6-
9123191
-
IN WITNESS WHEREOF, the panies hereto have caused this Agreement to be executed the clay
and year first set forth above.
CITY OF CHULA VISTA, a municipal McMILLIN OTA Y RANGI. LLC,
corporation a Delaware limited liability company
BY: McMILLIN COMPANIES, LLC,
a Delaware limited liability company
By: Its: Managing Member
Mayor
By
Title
Attest:
By
Title
Beverly Authelet, City Clerk
APPROVED AS TO FORM:
By: By:
, City Attorney
Attorney for McMillin Otay Ranch, LLC
r'lmomilliDlomy\PMo<yEu923 -7-
91231911
- -
EXHIBIT "A"
The PropertV
[To Be Attached)
Hn=;Uu,\oœy\Prl<wyEa.9"
9123198
-
--
EXHIBIT "B"
MHOA Maintained Public !\.reas - Written Descrintion
[To Be Attached]
T,Im=illin~Eu923
912319'
-
.-
EXHIBIT "C"
General Utilitv Easement
Tolmanillinlo>aylPrl<wyEa.9"
9123198
. ~_... ..---.
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 1/4/00
ITEM TITLE: Resolution approving an agreement between the City of
Chula Vista, McMillin Otay Ranch, LLC (Applicant), and Mooney &
Associates (Consultant), for consulting services for preparation and
submittal of CEQA required environmental documentation for Otay Ranch
Villages 6,7, Freeway Commercial (FC), and Eastern Urban Center
(EUC) in Planning Area 12 SPAs and authorizing the Mayor to sign said
contracts.
SUBMITTED BY: Director of Planning and Building at!!.
REVIEWED BY: City Manager ~r:D íZ" (4/5ths Vote: Yes_NolO
McMillin Otay Ranch, LCC is currently processing a Sectional Planning Area (SPA) plan for
Villages 6 and 7 and the Freeway Commercial (FC), and Eastern Urban Center (EUC) in
Planning Area 12 within Otay Ranch. The Environmental Review Coordinator has detennined
that an Environmental Impact Report must be prepared for the project. This report requests City
Council approval of the proposed contract with Mooney & Associates for $112,130 to provide
consultant services for the preparation of the CEQA required environmental documents.
RECOMMENDATION: That the City Council approve the resolution and authorize the Mayor
to execute the Three-Party Agreement with the City of Chula Vista, Mooney & Associates, and
McMillin Otay Ranch, LLC, for preparation of CEQA required environmental documents.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The property consists of four sites being planned by McMillin Land Development, known
respectively as Villages 6, 7, and the Freeway Commercial (FC) and East Urban Center (EUC) in
Planning Area 12. These sites are all located in the Otay Ranch.
Village 6 is comprised of approximately 365 acres located in the central portion of the Otay
Valley Parcel, south of Olympic Parkway, east of the extension of La Media Road and west of
SR-125.
Village 7 is comprised of approximately 412 acres located south of Village 6, east of Wolf
Canyon and north of Rock Mountain Road. It is within the interior of the Otay Valley Parcel,
surrounded by Villages Six, Eight, Four and the Eastern Urban Center to the east.
7- -I
Page 2, Item
Meeting Date: 01/04/00
The FC portion of Planning Area 12 SPA is located in the northeastern portion of the Otay
Valley parcel. It is comprised of approximately 160 acres east of the proposed alignment of SR-
125, south of the alignment for Olympic Parkway and north of the proposed alignment of Birch
Road. The proposed alignment of the southern extension of EastLake Parkway fonns the
easterly boundary.
The Eastern Urban Center (EUC) of Planning Area Twelve is approximately 439 acres, located
in the center of the Otay Valley Parcel. SR-125 fonns the western boundary of the EUC, Birch
Road the northern boundary, Rock Mountain Road the southern boundary, and EastLake
Parkway the eastern boundary.
The proposed project is the adoption of four (4) SPA plans for Villages 6 and 7, the Freeway
Commercial, and Eastern Urban Center planning areas in accordance with the Otay Ranch
General Development Plan (GDP). The SPAs will include all SPA level documents required to
implement the Otay Ranch GDP.
Proposed Contract
Because the cost of consulting services to prepare the environmental documents is $112,130.00,
the contract must be awarded by the City Council pursuant to the procedures specified in Section
2.56.110 of the Chula Vista Municipal Code: "Exception-Selection of architectural, engineering,
environmental, land surveying, and construction project management professional consultant
services and other services." Those required procedures including registration, notice, selection
and award of contract specified in Section 2.56.110 and Section 6.5.2 of the Environmental
Review Procedures have been satisfied.
Requests for Proposal (RFP) were sent out to 33 consultants. This represented all environmental
consultants on the City's list of qualified consultants that did not have a conflict of interest. In
addition, notice of the RFP was published in the newsletter of the San Diego Chapter of the
Association of Environmental Professionals. The Request for Proposal included a project
description and requested that consultants submit a proposed scope of work including all tasks
necessary to prepare the environmental documents, a proposed schedule for the project and a
proposed fee.
The RFP was for the McMillin holdings which include Villages 6 and 7 and the Freeway
Commercial (Fe) and Eastern Urban Center (EUC) located in Planning Area 12. The RFP
project description also included amendments to the Otay Ranch General Development Plan
(GDP) that went beyond the McMillin holdings.
Three fInns submitted proposals. They were KEA Environmental, Inc., Cotton-Beland
Associates, Inc. and Brian F. Mooney and Associates. Their proposed fees ranged from
$136,408 to $256,874. All proposals were deemed responsive to the RFP.
As discussed later in this report, refmement of the scope of work resulted in changes to the
overall scope of work for Mooney and Associates. As a result of these changes, the total amount
for this contract is less than was identified in Mooney's original proposal.
7-~
Page 3, Item
Meeting Date: 01/04/00
The City Manager appointed a selection committee, which consisted of staff members ITom
Planning and Engineering. The staff members were Doug Reid, Environmental Review
Coordinator, Rick Rosaler, Principal Planner and Alex Al-Agha, Senior Civil Engineer. In
addition, a representative ITom McMillin was invited to be a non-voting member of the
committee. The selection committee reviewed and ranked the proposals that were submitted.
Their ranking was based on cost, qualifications, proposed scope of work and experience of the
personnel that would be assigned to the project. The selection committee interviewed the two
firms with the lowest fees, Cotton-Beland and Associates and Brian F. Mooney and Associates.
Mooney and Associates was the unanimous choice of the selection committee. McMillin's
representative concurred with that choice. The City Risk Manager and the City Attorney's
Offices have reviewed and approved the proposed contract.
The proposed contract derIDes the conditions of the agreement required by the Municipal Code,
which include contract scope, work plan and schedule, costs, fee, method of payment, duration,
insurance, and indemnification. The scope identified in the contract is the result of refinement of
the scope by the consultant and City staff. Part of the refmement included adding the preparation
of the EIR for Village 11 to the recommended consultant's scope. That work is the subject of
another proposed contract, which will be on a City Council agenda in the near future.
In addition to the EIR that is the subject of this report, addition environmental documentation will
be needed for the Otay Ranch GDP amendment currently being processed. The GDP amendment
addresses issues that go beyond a single property owner's project. The GDP amendments were
part of the scope of work included in Mooney's original scope. Staff has now determined that
the GDP amendment should be addressed through a separate contract. The fmal scope of that
environmental contract is still being refilled. A contract for that work will be on a City Council
agenda in the near future.
FISCAL IMPACT: Mooney & Associates' cost to prepare the environmental documents is
$112,130.00. The cost will be paid by the project applicant, McMillin Otay Ranch, LLC,
through a deposit account. Any City staff time associated with preparation of the environmental
documents will also be reimbursed by McMillin Otay Ranch, LLC, through a separate deposit
account already established with the City.
Attachments
1. Three-Party Agreement
H:\Shared\Planning\Mooney-McMillin 3Pty Agenda Statementdoc
7-3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA, MCMILLIN OTAY RANCH, LLC, AND MOONEY &
ASSOCIATES FOR PREPARATION OF CEQA REQUIRED
ENVIRONMENTAL DOCUMENTS FOR THE OTAY RANCH
VILLAGES 6,7, FREEWAY COMMERCIAL, AND EASTERN
URBAN CENTER IN PLANNING AREA 12 SPAs, AND
AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, on October 28, 1993 Council approved Resolution 17298
establishing the General Development Plan for Otay Ranch; and
WHEREAS, the General Development Plan requires that environmental
documents be prepared in conjunction with the processing of a SPA plan; and
WHEREAS, the expertise necessary to prepare the environmental
documents requires the hiring of a consultant; and
WHEREAS, Section 2.56.110 of the Chula Vista Municipal Code provides
for specific procedures for consultants and those procedures including
registration, notice, and selection specified in the Municipal Code and Section
6.5.2 of the Environmental Review Procedures have been satisfied; and
WHEREAS, as a result of this selection process, Mooney & Associates
was determined to be the most qualified and most responsible firm to provide
contractual services to prepare the environmental documents; and
WHEREAS, Mooney & Associates warrants and represents that they are
experienced and staffed in a manner such that they can prepare and deliver the
services required of Consultant to City within the time frames, and pursuant to
the scope of services herein provided all in accordance with the terms and
conditions of the Three-Party Agreement; and
WHEREAS, McMillin Otay Ranch, LLC will fund the said agreement
through a deposit account with the City of Chula Vista.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby approve an Agreement, a copy of which is on file in
the office of the City Clerk, with Mooney & Associates ("Consultant") and McMillin
Otay Ranch, LLC ("Applicant") for professional services to prepare the
environmental documents.
7--'-1
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized and directed to execute said Agreement for and on behalf of
the City of Chula Vista.
Presented by Approved as to form by
c~7p1 ~
Robert Leiter John M. Kaheny
Planning and Building Director City Attorney
H:ISharedIPlanningIMooney-McMiliin 3Pty RESO.doc
?--5
Three Party Agreement
Between
City of Chula Vista,
Mooney & Associates, Consultant, and
McMillin Otay Ranch, LLC, A Delaware
Limited Liability Company, Applicant
For Consulting Work to be Rendered
with regard to Applicant's 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" Mooney & Associates whose business form and address is
indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as
"Applicant" McMillin Otay Ranch, LLC, a Delaware Limited Liability Company 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. WarrantvofOwnership.
Applicant warrants that Applicant is the owner ofland ("Property") commonly known as, or
generally located as, described on Exhibit A, Paragraph I, or has an option or other entitlement to
develop said Property.
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval of
the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of Applicant, work of the general nature
and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the application
within the time ITame 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.
2.6. Additional facts and circumstances regarding the background for this agreement are set
forth on Exhibit B;
3ptyagm Mooney/McMillin City ofChula VistaiMooney/McMillin
December 1999 Page I
1
--- -
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Emplovrnent of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and
expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the
services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting
Services", ("General Services"), and in the process of performing and delivering said General
Services, Consultant shall also perform to and for the benefit of City all of the 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 fÌ'ames herein set forth,
and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable
period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of
this covenant.
The Consultant does hereby agree to 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 ITom Applicant. Applicant shall not make any payments of
compensation or otherwise directly to the Consultant.
3ptyagm Mooney/McMillin City ofChula Vista/MooneylMcMillin
December 1999 Page 2
3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines
that additional services ("Additional Services") are needed ITom Consultant of the type Consultant is
qualified to render or reasonably related to the Services Consultant is otherwise required to provide
by this Agreement, the Consultant agrees to provide such additional services on a time and materials
basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise
agreed upon in writing for said Additional Work between the parties.
3.2.1.1. 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 ITom Consultant, ITom time to time reduce
the Services to be performed by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding
reduction in the compensation associated with said reduction. Upon failure to agree, the Fixed Fee
may be unilaterally reduced by the City by the amount of time and materials budgeted by Consultant
for the Services deleted.
3.3. Security for Payment of Compensation bv Applicant.
3.3 .1. Deposit. As security for the payment of Consultant by Applicant, Applicant
shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on
Exhibit C and as hereinbelow set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3 .1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
3.3 .1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate
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.
3ptyagm Mooney/McMillin City ofChula VistaiMooneylMcMillin
December 1999 Page 3
3.3.1. 1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination of
this Agreement and any claims resulting therefTom.
3.3.1.1.4. Applicant shall be notified within 30 days after of the use of
the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein
authorized.
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specifY, and upon doing so, Applicant shall, within 30 days pays said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be
governed by the same terms of trust governing the original Deposit.
3.3.2. Withholding of Processing.
In addition to use of the Deposit as security, in order to secure the duty of Applicant
to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold
processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of" A, Class V" or better, or shall
meet with the approval of the City:
4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10,
4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied
separately to each project away ITom 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 General Liability policy.
3ptyagm MooneylMcMillin City ofChula Vista/MooneylMcMillin
December 1999 Page 4
4.2. Proof of Insurance Coverage.
4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage
herein required, prior to the commencement of services required under this Agreement, by delivery
of Certificates of Insurance demonstrating same, arid 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 ITom all loss, cost, damage, expenses, claims, and liabilities in
connection with or arising ITom any such entry and access.
3ptyagm MooneylMcMillin City ofChula Vista/MooneylMcMillin
December 1999 Page 5
-.----..-.. .-.- ....--..---.-..-----...-..----..
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Applicant may request such meetings as they desire with the Consultant to
ensure the adequacy of services perfonned 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
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Refonn 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 detennined 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 Detennine 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 tenn is used in the regulations promulgated by the Fair Political Practices
Commission, and has detennined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this agreement.
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
tenn of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
3ptyagm MooneylMcMillin City ofChula VistaJMooneylMcMillin
December 1999 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 which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
7.6. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project,
or in any property within 10 radial miles ITom the exterior boundaries of the property which is the
subject matter of the Project, or ("Prohibited Interest").
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates by Applicant or by any other party as a result of Consultant's performance of
this Agreement. Consultant promises to advise City of any such promise that may be made during
the Term of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement, or for any
third party which may be in conflict with Consultant's responsibilities under this Agreement.
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 ITom liability of such default.
9. City's Right to Terminate Pavment 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
3ptyagm MooneylMcMilIin City ofChula Vista/MooneylMcMillin
December 1999 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 termination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in performance of this agreement, and all
such documents and materials shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost,
of all such documents to the Applicant,
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control
or direction over Consultant's work.
10. Administrative Claims Requirement and Procedures
No suit shall be brought arising out of this agreement, against the City, unless a claim has
first been presented in writing and filed with the City 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. Consultant to Indemnify City and Applicant re Iniuries.
Consultant shall defend, indemnifY, protect and hold harmless the City, its elected and
appointed officers and employees and Applicant ITOm and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees) arising out of the conduct of the
Consultant, or any agent or employees, subcontractors, or others of City or Applicant in connection
with the execution of the work covered by this Agreement, except only for those claims arising from
the sole negligence or sole willful misconduct of the City, its officers, or employees, or Applicant,
Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability
incurred by the City, its officers, agents, or employees or Applicant in defending against such claims,
whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon
written request by the City or Applicant, defend any such suit or action brought against the City, its
officers, agents, or employees or Applicant. Consultants' indemnification of City and Applicant shall
not be limited by any prior or subsequent declaration by the Consultant.
3ptyagm MooneylMcMillin City ofChula Vista/Mooney/McMillin
December 1999 Page 8
11.2 Applicant to Indemnifv 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 ITom or
arising out of the refusal to pay compensation as demanded by Consultant for the perfonnance of
services required by this Agreement.
12. Business Licenses
Applicant agrees to obtain a business license ITom the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code, Title 5.
13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have
authority to act as City's agent to bind City to any contractual agreements whatsoever.
13.2. Notices.
All notices, demands or requests provided for or pennitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified for the parties in Exhibit A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to be
given shall in itself create the right in the parties to any other or further notice or demand in the same,
similar or other circumstances.
13.4. Entire Agreement.
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision 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.
3ptyagm Mooney/McMillin City ofChula Vista/MooneylMcMillin
December 1999 Page 9
13.5. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction ITom 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.
13.6. Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder,
shall be the City of Chula Vista.
13.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless the
same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given.
13.8. Countemarts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to be
invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and
agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
13.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not define or
limit the provisions hereof.
B.ll. 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 knowledge of the
existence of a breach shall not operate or be construed to operate as a waiver of any such breach.
3ptyagm MooneylMcMillin City ofChula Vista/MooneylMcMillin
December 1999 Page 10
--.-.----.- - ---------------------------- - ------
13.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any rights
or remedies which the parties might otherwise have unless this Agreement provides to the contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an affect upon
persons not parties hereto, the parties specifically intend no benefit thereITom, 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.)
3ptyagmMooneyIMcMillin City of Chula VistalMooneylMcMillin
December 1999 Page II
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:
Shirley Horton, Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
John M. Kaheny
City Attorney
Applicant:
McMillin Otay Ranch, LLC, a Delaware
Limited Liability Co y
'Via ?K.s/ttk..f
Vice President Proj. Mgmt
By: ",,(,'~
Robert Pletcher, Vice President Engineering
Dated: ' ./u. ('f If
3ptyagm Mooney/McMillin City ofChula Vista/MooneylMcMillin
December 1999 Page 12
Exhibit A
Reference Date of Agreement: January 10, 2000
Effective Date of Agreement: January 4, 2000
City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: Mooney & Associates,
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 9903 Businesspark A venue, San Diego, CA 92131
Applicant: McMillin Otay Ranch, LLC, a Delaware Limited Liability Company
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
( X ) Limited Liability Company
Address: 2727 Hoover Avenue, National City, CA 91950
1. Property (Commonly known address or General Description):
The property consists of four sites being planned by McMillin Land Development, known
respectively as Villages 6, 7, and the Freeway Commercial (FC) and Eastern Urban Center
(EUC) in Planning Area 12 SPAs. These sites are all located in the Otay Ranch and are
described as follows.
a) Village 6 is comprised of approximately 365 acres located in the central portion of the Otay
Valley Parcel, south of Olympic Parkway, east of the extension of La Media Road and west
ofSR-125.
b) Village 7 is comprised of approximately 412 acres located south of Village 6, east of Wolf
Canyon and north of Rock Mountain Road. It is within the interior of the Otay Valley Parcel,
sUITounded by Villages Six, Eight, Four and the Eastern Urban Center to the east.
c) The FC portion of Planning Area 12 SPA is located in the northeastern portion of the Otay
Valley parcel. It is comprised of approximately 160 acres, located east of the proposed
3 ptyag¡n MooneylMcMilIin City of Chtùa VistalMooneylMcMillin
December 1999 Page 13
alignment ofSR-125, south of the alignment for Olympic Parkway and north of the proposed
alignment of Birch Road. The proposed alignment of the southern extension ofEastLake
Parkway fonDS the easterly boundary.
d) The Eastern Urban Center (EUC) of Planning Area Twelve SPA is approximately 439 acres,
located in the center of the Otay Valley Parcel. SR-125 forms the western boundary of the
EUC, Birch Road the northern boundary, Rock Mountain Road the southern boundary, and
EastLake Parkway the eastern boundary.
2. Project Description ("Project"):
Establish the scope of work and schedule for completing the tasks to allow the development of
the four planning areas of the Otay Ranch as described in Paragraph 1 above in accordance with
the Otay Ranch General Development Plan (GDP) of the City ofChuia Vista as follows.
a) The Village 6 project includes amendment of the Otay Ranch General Development
Plan/Chula Vista General Plan, preparation and adoption of all SPA level documents
required to implement the Otay Ranch GDP for the Village Six SPA, and subsequent actions
including subdivision mapping and issuance of pennits for development. The Village Core
includes a mixed use setting with residential and commercial uses, public and community
purpose facilities, a transit stop, an elementary school, 98 single-family residential units, 106
multi-family units, a town square/village green focal point, and neighborhood parks. In
addition, there will be a 50-acre private high school site in the southeastern portion of the
village, which is not addressed in the adopted GDP.
b) The proposed project for Village 7 includes amendment of the Otay Ranch GDP for the
Village 7 SPA, and subsequent actions including subdivision mapping, issuance of pennits
for development, and realignment of SR-125. The Village Core will provide a mixed use
setting with residential and commercial uses, public and community purpose facilities, a
transit stop, an elementary school and middle school, 96 single-family residential units and
37 multi-family units, a town square/village green/main street focal point and a neighborhood
park.
c) The Freeway Commercial area is in the northern portion of Planning Area Twelve SPA of
the Otay Ranch GDP. This project includes amendment of the Otay Ranch GDP/Chula Vista
General Plan, preparation and adoption of all SPA level documents required to implement
the amended GDP for the Freeway Commercial SPA, and subsequent actions including
subdivision mapping and issuance of pennits for development. Pennitted uses, consistent
with the commercial types identified in the GDP will be derIDed in the Planned Community
District Regulations prepared as a part of the SPA Plan package. A park-and-ride use is
shown as a floating designation within the FC-I parcel, adjacent to the trolley station.
Realignment ofEastLake Parkway will add approximately 54 acres to the FC area.
3ptyagm MooneylMcMillin City of Chula VistaiMooneylMcMillin
December 1999 Page 14
d) The Eastern Urban Center SPA is in the southern portion of Planning Area Twelve. This
project includes amendment of the Otay Ranch GDP/Chula Vista General Plan. This project
will address land uses, intensity and development standards, public facilities, design criteria,
circulation, parks and recreation, and open space for the EVC. This project includes a
realignment ofEastLake Parkway to allow it to extend as far south as Rock Mountain Road,
as well as a realignment of SR-125 and Hunte Parkway. These realignments affect
village/planning area boundaries. The EUC is an urban center which will be a viable and
intense mixture of uses that will act as a magnetic downtown, which will contain between
1,000 and 2,500 multi-family high density residential units; a regional shopping complex,
multi-use cultural arts facility, regional purpose facilities, a neighborhood park, a business
park and office space, visitor commercial, light rail transit station, an elementary school, a
community park and urban open space corridor, a central library and civic centers and
affordable housing.
3. Entitlements applied for:
See attached maps.
4. General Nature of Consulting Services ("Services-General"):
Preparation ofthe environmental documents for this project.
5. Detailed Scope of Work ("Detailed Services"):
Mooney & Associates shall work closely with the City of Chula Vista staff and shall ensure that
the Otay Ranch Subsequent Environmental Impact Report (SEIR) will meet the City's needs.
The SEIR must comply with the current California Environmental Quality Act of 1970 (Public
Resources Code Section 21000 et seq.); the current State CEQA Guidelines (California
Administration Code Section 15000 et seq.); the Environmental Review Procedures of the City
of Chula Vista (Chula Vista Council Resolution 11086); and the regulations, requirements, and
procedures of any responsible public agency or any agency with jurisdiction by law.
Mooney & Associates shall be responsible for preparing an environmental document for Villages
6 & 7, Freeway Commercial, and East Urban Center for Plan Area 12 SPAs in Otay Ranch,
which will assemble all available data, provide an independent evaluation of any existing data,
originate new studies, and provide an assessment of the probable short- and long-term
cumulative impacts of the project. Potential impacts will be addressed on a "plan to plan" and
"plan to ground" basis. In addition, the documents will provide an evaluation of all feasible
mitigation measures and analyze all feasible alternatives. If there are mitigation measures or
alternatives which could reduce project impacts but which are infeasible, these will be reported,
in writing, to City staff for use in the CEQA Findings. The document will also identifY which
feasible mitigation measures or alternatives are proposed or incorporated into the project and
which are not.
3ptyagm Mooney/McMillin City ofChula VistalMooneylMcMillin
December 1999 Page 15
.,..,-,-,,----- ---------~----_._._._..._-
Mooney & Associates will incorporate the existing extensive environmental database for the
previous Otay Ranch approvals into the current SEIR, by reference where possible, to address
regional influences, secondary effects, cumulative impacts, project alternatives, and site specific
data. Each of the issues identified in the Request for Proposal (RFP), which have the potential to
significantly affect the environment, will be addressed in the Subsequent EIR. Other issues,
which may arise in response to the Notice of Preparation (NOP) or in consultation with City
staff, will also be included by Mooney & Associates in the SEIR. Analysis of each issue will
begin with a review of previous documents to ascertain baseline information and determine
where additional or updated information is required. While all potentially significant issues will
be addressed, the SEIR will focus on issues most directly affected by the proposed project.
Task Description
In providing environmental services for the Otay Ranch SEIR, the Mooney & Associates team
will perform the following tasks:
Task 1 - Project Initiation and Scoping. Successful completion of the draft Subsequent EIR by
Mooney & Associates will require close coordination with the City of Chula Vista staff. The
Mooney & Associates project management team will attend initial meetings with City staff to
obtain project information and develop the work plan which will serve to focus Mooney &
Associates' efforts for the SEIR. The initiation process will also involve identification of
alternatives to be addressed in the report. Responses to the Notice of Preparation of the SEIR
will be reviewed with the Environmental Review Coordinator or their designee to determine
issues to be included in the SEIR.
Task 2 - Prepare Screencheck Draft Subsequent EIR. Mooney & Associates will prepare and
submit a total of 40 copies of the screencheck SEIR with 15 copies of the appendices to the City.
The SEIR will comply with all criteria, standards and procedures of the City's Guidelines and the
CEQA guidelines; analyze all impacts; and evaluate all mitigation measures and alternatives.
The SEIR will include a mitigation monitoring and reporting program in compliance with AB
3180. This mitigation monitoring and reporting program will be prepared in tabular format as a
separate section of the SEIR.
Subsequent to review of the first screencheck Draft SEIR by City staff, Mooney & Associates
will incorporate a set of revisions to the document. After the revisions are incorporated, five
copies of the second screencheck SEIR, Mitigation Monitoring and Reporting Program (MMRP),
and appendices will be submitted to the City staff for review.
Task 3 - Prepare Draft Subsequent EIR. Following approval of the Draft SEIR revisions,
Mooney & Associates will provide to the City 85 copies of the Draft SEIR with MMRP and 40
copies of the appendices for public review distribution. Twenty-five copies of the Draft SEIR
will be provided in a white three-ring binder.
3ptyagm MooneylMcMillin City ofChula Vista/MooneylMcMillin
December 1999 Page 16
- ------------------------ -- ------
Mooney & Associates' project team members shall attend, with City staff, a meeting of the
Resource Conservation Commission when it is scheduled to review the Draft Subsequent EIR.
Team members shall also attend a Planning Commission hearing when it is scheduled on the
Draft Subsequent EIR.
Task 4 - Prepare Final SEIR. Subsequent to the end of the public review period and the receipt
of all comments ITom the public and reviewing agencies, including the transcript of the Planning
Commission hearing, Mooney & Associates will, in conjunction with City staff, formulate
responses to all substantive comments in an agreed upon format.
Following the public review period, Mooney & Associates shall prepare the draft CEQA
Findings and a Statement of Overriding Considerations, if required by the City, in the format
required by the City. In addition, 15 copies ofthe Final SEIR, including response to comments
and incorporating the strikeout/underline changes to the Draft SEIR, will be submitted to City
staff for their review.
Mooney & Associates shall prepare a set of revisions in accordance with staff review. Mooney
& Associates will then prepare 65 copies of the Final SEIR and 15 copies ofthe appendices for
Planning Commission. An additional 35 copies of the Final SEIR will be provided in a white
three-ring binder. One reproducible master copy of the Final SEIR will be provided to the City,
along with one computer disk copy of the SEIR and related documents that can be read by
Microsoft Windows 98 and/or Corel WordPerfect 8 word processing programs.
Task 5 - Meetings and Hearings. Mooney & Associates' Senior Principal, Project Manager, and
Project Planner will attend meetings with City staff, in conjunction with CEQA documentation
for the General Development Plan (GDP) amendment process. In addition, the Mooney &
Associates' Project Manager and other appropriate team members will attend the following
public meetings and hearings:
. Two project initiation and scoping meetings with City staff;
. Mooney & Associates will attend meetings and hearings, which are separate ITom the
concurrently processing GDP amendments, on a time-and-materials basis only.
Task 6 - Technical Studies.
. Transportation! Access/Circulation. Linscot, Law, and Greenspan (LLG), a Mooney
& Associates subcontractor, will prepare a traffic study report to analyze the traffic
and circulation impacts of the proposed SPAs. This report, in its entirety, will be
included in the technical appendices of the SEIR. LLG will begin with a review of
the previous traffic studies. The focus of the traffic analysis will be on updating the
reports in terms of recent traffic data and cumulative project approvals. Then the
distribution ofland uses proposed by this amendment will be analyzed in the context
3ptyagm MooneylMcMillin City ofChula VistalMooneylMcMillin
December 1999 Page 17
of the updated traffic infonnation. Traffic impacts will be identified and mitigation
measures recommended. Circulation will also be addressed.
. Air Qualitv. To assess localized effects or "hot spots", Hans Giroux, Air Quality
Expert (a Mooney & Associates employee), will review the traffic report to detennine
whether there are any impacts relating to intersection utilization or level of service. If
warranted, he will calculate worst-case carbon monoxide concentrations at any
intersection forecast to operate at a LOS E or LOS Fusing Caltrans' CAL1NE4 line
dispersion model and the results of the traffic study to deteimine whether there would
be a violation of carbon monoxide standards. If necessary, additional mitigation
measures for air quality impacts will be identified for the project. The air quality
analysis will be structured into the standardized fonnat required by the City ofChula
Vista for any Air Quality Improvement Plan (AQIP) submittals.
. Noise. Factors to be specifically addressed in the noise analysis include compatibility
of residential use adjacent to SR-125 and potential increased noise from vehicular
traffic. A noise study is to be prepared by the applicant for this project. This report
will be reviewed by Hans Giroux for accuracy and completeness in identifYing
impacts and mitigation measures. Existing noise levels in the project area will be
detennined on the basis of previous noise analyses and calculated noise levels.
Major noise sources in the project area will be identified. Sensitive receptors, both
existing and planned, will also be identified. The impact analysis section will include
modeling of future, project, and cumulative motor vehicle noise on planned and
newly proposed collectors and major thoroughfares serving the project site. The
Caltrans SOUND32 traffic noise computer model, a California specific version of the
FHWA-approved STAMINA2 noise model, and traffic volumes derived ITom the
traffic analysis will be used.
6. Schedule, Milestone, Time-Limitations within which to Perfonn Services.
Date for Commencement of Consultant Services:
( X ) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: 1st Screencheck for draft SEIR February 15,2000
Deliverable No.2: 2nd Screencheck for draft SEIR March 4, 2000
Deliverable No.3: Draft EIR June 3, 2000
Deliverable No.4: Final EIR July 8, 2000
Dates for completion of all Consultant services: August 20, 2000
3ptyagm Mooney/McMillin City ofChula VistaIMooney/McMillin
December 1999 Page 18
--~-----_._---
---.--- ----.-----. ..
7. Documents to be provided by Applicant to Consultant:
(X) site plans, (X) grading plans, ( ) architectural elevations, (X) project description, and/or
( ) other:
8. Contract Administrators.
City: Marilyn Ponseggi
Environmental Review Coordinator
Planning & Building Department
276 Fourth Avenue, Chula Vista, CA 91910
Phone No. (619) 691-5104
Applicant: Craig Fukuyama
McMillin Otay Ranch, LLC, A Delaware Limited Liability Company
2727 Hoover Avenue, National City, CA 91950
Phone No. (619) 336-3733
Consultant: Brian Mooney
Mooney & Associates
9903 Businesspark Avenue, San Diego, CA 92131
Phone No. (619) 578-8964
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
(X ) Not Applicable. Not an FPPC Filer.
( ) Category No.1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the
department.
( ) 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.
3ptyagm Mooney/McMillin City ofChula VistaiMooneylMcMillin
December 1999 Page 19
( ) 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
( ) Employer's Liability Insurance coverage: $1,000,000
(X) Commercial General Liability Insurance: $1,000,000 (Best Rating of A V or better)
City of Chula Vista named as additional insured.
Business Auto Liability, if not included in Commercial General Liability.
( ) Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage)
( ) Errors and Omissions insurance: $250,000 (not included in Commercial General
Liability coverage)
3ptyagm Mooney/McMillin City ofChula VistaiMooneylMcMillin
December 1999 Page 20
Exhibit B
Additional Recitals
WHEREAS, the Applicant has deposited an initial sum for the necessary work and
identifying scope of work for environmental documents as outlined in Exhibit "A" and,
WHEREAS, public notice of the required environmental services was given to the
Association of Environmental Professionals 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 Environmental Consultants, and
WHEREAS, the City Manager appointed a selection committee which has, in accordance
with Section 2.56.230 of the Chula Vista Municipal Code, recommended the above-noted Consultant
to perform the required services for the City, and
WHEREAS, the Consulting firm of Mooney and Associates has significant expertise and
experience in preparing environmental documents within the San Diego and project area, and
3ptyagm MooneylMcMillin City ofChula VistalMooneylMcMillin
December 1999 Page 21
--- -
Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
( ) Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Services of Consultant as herein required,
Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below:
( ) Single Fixed Fee Amount: $
Milestone or Event Amount or Percent
Of Fixed Fee
1. Signing of this agreement by all parties and upon
the request of the contractor.
( ) Phased Fixed Fee Arrangement
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement," Applicant shall pay the fixed fee associated with each phase of Services, in the
amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement").
Consultant shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to
said Phase.
Fee for
Phase Said Phase
1. $
2. $
3. $
4. $
3ptyagm Mooney/McMillin City ofChula Vista/Mooney/McMillin
December 1999 Page 22
-~.__._...
(X ) Time and Materials
For perfonnance 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 perfonnance of said Services, at the rates or amounts set forth hereinbelow according to the
following tenus and conditions:
( ) 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 perfonn all of the General
and Detailed Services herein required of Consultant for $ including all
Materials, and other "reimbursables" ("Maximum Compensation").
(X) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to $112,130
("Authorization Limit"), Consultant shall not be entitled to any additional compensation without
further authorization issued in writing and approved by the City. Nothing herein shall preclude
Consultant ITom providing additional Services at Consultant's own cost and expense.
3ptyagm Mooney/McMillin City ofChola VistalMooneylMcMillin
December 1999 Page 23
Rate Schedule
Breakdown of Costs for Otay Ranch McMillin SEIR
Task Staff Rate Hours Cost
Initial Meetings (2)
Project Director $110 8 $880
Project Manager $95 12 1,140
Environmental Analyst $50 8 400
Prepare Screencheck EIR
Summary
Environmental Analyst $50 12 600
Introduction
Environmental Analyst $50 8 400
Project Description
Project Manager $95 8 760
Environmental Setting
Environmental Analyst $50 8 400
Land UselUrban Design
Project Manager $95 8 760
Environmental Analyst $50 24 1,200
LandfonnlVisual Quality
Senior Planner $80 16 1,280
Environmental Analyst $50 16 800
Biology
Senior Scientist $70 16 1,120
Environmental Analyst $50 8 400
ArchaeologylHistory
Principal $95 4 380
Associate Scientist $55 16 880
Environmental Analyst $50 4 200
Paleontology
Environmental Analyst $50 12 600
Geology/Soils/Mineral Resources
Project Geologist $145 8 1,160
Project Manager $95 4 380
Environmental Analyst $50 16 800
Hydrology/Water Quality
Project Geologist $145 8 1,160
Project Manager $95 4 380
Environmental Analyst $50 16 800
Conversion of Ag. Lands
Environmental Analyst $50 4 200
Transportation! Access
Linscott, Law and Greenspan 45,000
Environmental Analyst $50 16 800
Air Quality
3ptyagm Mooney/McMillin City ofChula Vista/Mooney/McMillin
December 1999 Page 24
Air Quality Specialist $85 8 680
Environmental Analyst $50 4 200
Noise
Noise Specialist $85 16 1,360
Environmental Analyst $50 4 200
Connnunity Social Factors
Environmental Analyst $50 12 600
Public Services/Utilities/Regional
Environmental Analyst $50 24 1,200
Growth
Environmental Analyst $50 12 600
Cumulative
Environmental Analyst $50 24 1,200
Altematives
Project Manager $95 20 1,900
Environmental Analyst $50 40 2,000
Other Sections
Environmental Analyst $50 16 800
MMRP
Environmental Analyst $50 12 600
ReviewlEditing
Project Director $110 20 2,200
Graphics
Graphic Artist $50 28 1,400
Word Processing
Word Processor $40 30 1,200
Project Coordination
Project Director $110 16 1,760
Project Manager $95 60 5,700
Revisions to Screencheck
Project Manager $95 20 1,900
Environmental Analyst $50 40 2,000
Response to Comments
Project Director $110 6 660
Project Manager $95 16 1,520
Environmental Analyst $50 32 1,600
Prepare Final EIR
Project Manager $95 20 1,900
Environmental Analyst $50 32 1,600
Findings
Project Director $110 24 2,640
Project Manager $95 24 2,280
Printing (45 Screencheck EIRs, 100 Draft EIRs,
100 Final ElRs and 70 appendices)
Miscellaneous (phone, travel, fax, Xerox, etc.)
Project Total $112,130
Note: Meetiogs with the City and Pnblic Hearings in addition to those held concnm:nt with the GDP Update Addendnm process will be charged on
a time and material basis.
3ptyagm MooneylMcMillin City ofChula Vista/MooneylMcMillin
December 1999 Page 25
nnn_.nn"~_"
Materials Separately Paid For by Applicant
Cost or Rate
(X) Materials Actual
Reports
Copies
( X ) Travel Actual
(X) Printing Actual
(X) Postage Actual
( X ) Delivery Actual
(X ) Long Distance Telephone Charges Actual
( X ) Other Actual Identifiable Direct Costs Actual
Deposit
(X) Deposit Amount: $112,130
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is
"checked", upon City's receipt of billing by Consultant, and determination by City in good faith that
Consultant's billing is proper, a judgment for which Applicant agrees to hold City hannless and
waive any claim against City, City shall pay Consultant's billing ITOm the 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 propriety.
( ) Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to compensation
which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit
to pay said billing.
( X) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X ) Monthly
( ) Quarterly
( ) Other:
3ptyagm Mooney/McMillin City ofChula VistalMooneylMcMilIin
December 1999 Page 26
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: 01090-593
D. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention: If this space is checked, then notwithstanding other provisions to
the contrary requiring the payment of compensation to the Consultant sooner,
the City shall be entitled to retain, at their option, the following Retention
Percentage until the City determines that the Retention Release Event, listed
below, has occUlTed:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(X) Completion of All Consultant Services
( ) Other:
A:\3 ptyagmMooneyMcMillin 12-99detscope.doc
3ptyagm MooneylMcMillin City ofChula VistalMooney/McMillin
December 1999 Page 27
Site
_._~~~._~.
-.... - -
II ..-... 1- I-I... I ~ I -.... I-I - -.-.....
-- au... D1 p., -- u .. ----.
.. -- ...... ... .... -CTown_, 1.1 --_.
.. _F- ...... ".. -- -u ----
-- aA.. 1.. _.. --... ===--
-'- ......, .. ...... -... ......!!!. _.~_.
-- ...... .. _CFF ,...
.oO ...- ..., r.' ,.. ... .....-... 10. --..--
--- "... Lt ... ... ...-- ,... =.::;.:;:;:r.:-
1- ....... "-- -.u "'0',-,._....
- ............, -.... ...
- ............ -- ,...
- """" 111 .. -- ,,~
. - ........... - -... -,¡u
- - ...........
. - ....... ..
.-- .......,....
nmu.- ........ - -TOTAl -¡¡;:¡
-'-_N~'_",-,P-'.-
..-_u_-...
..~,.: Village Six f~~"'m -
';;;i' McMillin - Lomas Verdes r1r-r1 U
._~.. -'-"""--"""" W-
RESIDENTIAL Site Util ization Plan
Po""" LahdUaa W Dial. NatAe du/ac ou
'1-1 --I.SFD ~ 24_9 3-9 97
R.z __I.SFD SF4 21.2 5.3 113
R.a-'_-SFD SF4 12_2 4_4 54
.1\.4 -'-SFD SF4 42-5 6_0 255
. 'INh - . SFD SF4 10.0 6-0 60
c'IM'_-SFD SF4 31.6 6-0 190
-.~-- --I.SFD SF4 27.0 6.0 162
-- 189-4 831
r-.- RM2 20.2 6.3 128
- - SFAlDup. RM2 14.6 6.2 90
_.IF RM2 8.5 16.5 140
_'-III' RM2 8.0 25.0 200
_-MF RM2 7.4 25.0 185
-- BFAMF A.7 12.7 743
TOIoI- 228.1 7.3 1674
-DENTIAL
- .......1100 W Dial. Not Ac duIac: DU
-Po'" OSlP1 2.5
P_- 0SIP1 5.3
PublIc Pall< 08IP1 30.5
own Squ8re 08IP1 -.!!:L
--- 3&8
I- ~ ..
EIom. school AMI 10.0
r. High _I RM1 25.1
Cam- C 3.5 ._-----
- Ðpon-8paeo '1-42 -'~&6---- .------
:cJri'" C_Dn Cir. ~
TOIoI Non _ontia' 189.1
VlLI.AGE'TOTAL 417.2 4.0 1674
Note: ACf8. indicaled on Ihi. tablo am sub¡act 10 10""_01 wittJoui SPA
a-ndmentollhe.-ivisionla""L ,
i¡
Village Seven ¡;;::!:!.~~
cMillin- Lomas Verdes r1r-l"1 L .oJ
~-c-_""""'".""-Ll.C
7.20-99
(lr~ Site Utilization Plan
u~
-.J.:,. ,
~-..
"""-~
~\.
~, I
.~
\
II
i I
II
II
n-n-__'__- __n__._-
t'
, I
I ~
III
';/'/
/,. I
// .
i f{~
) ~~'--j . ~lrr'
. '. . )) ~I
~',,/'~ \ ~ r~»J )
"'-~ . r.¡ ~
"~~II /
-- T_-
- T_LIno
NDIII: FC-1 aaes includes 2.0 IICI9 floating park & ridelacilily.
Planning Area 12 ~ Cinti Land Planning
cMíIlin - Lomas Verdes --.. -- m
A -"""'-""""""""""""'.""- "". n-rl U
3110199
\ Site
\ Utilization Plan
\~
\ i
Village 11
____m___m_m
Village 7
~ --lOa ~
-., -.ou 00'.
--...,
.... Trolley Stalian -.
~-Low-
-::::\ \ \ Fun Movomant Intaroaction ~ -1IodAIIgh RIa
--
-~-
",,"i!i;;'--
N_: This is a draft plan for analysis purposes. ToI8I -------mi:õ
Speci/ic use locations wiD be cIatormÙJed during ~ F_EUC.. ----!!.!.
the SPA & EIR p1DC8SS. ToI8I .....
-
~ =.:.==:=.::::~=----_..__..-
. ----..------....-
astern Urban Center Cinti Land Planning
cMillin - Lomas Verdes Fü9 [!J
pIau.eeI commODity by McMlUi. Lud DeveI........ . ... .... ...
J.O....
.---..--- -----------~------------
CITY COUNCIL AGENDA STATEMENT
Item
Meeting Date. 1/4/00
ITEM TITLE. Resolution Extending the Retention Agreement with Peggy
McCarb,;,r,?, Esq. for legal services to be performed under the
superv1s1on of the City Attorney for the remainder of the
fiscal year
SUBMITTED BY. City Attorne~
4/Sths Vote. Yes_No..lL
BACKGROUND:
In this year's budget transmittal letter, the City Attorney advised the City
Council that the City would need to continue to provide funding for a part-time
contract attorney on a continuing basis to assist with the myriad land use issues
facing the City. For the past five years, the City has utilized the services of
Ms. McCarberg on an hourly basis for this purpose. It is now necessary to
authorize an extension of the retention agreement for the remainder of the fiscal
year.
RECOMMENDATION: That Council approve the resolution extending the retention
agreement to Peggy McCarberg, Esq.
BOARD/COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION:
For the past five years, Ms. McCarberg has assisted the Office of the City
Attorney on an hourly basis in the preparation of numerous development
agreements, planning and engineering documents and other assorted legal
documents. Due to the volume of work accomplished this year, her compensation
will soon exceed $50,000, therefore, the hourly retention agreement needs to be
extended for the remainder of the year. Ms. McCarberg charges either $87.50 or
$110 per hour depending on the nature of the assignment. She normally performs
25-30 hours of legal services per week depending upon the needs of the City.
FISCAL IMPACT: None, funding for Ms. McCarberg and other specialized legal
services was provided in the City Attorney's budget. No additional
appropriations are required. For the year to date, billings for her work have
generated $45,556.50 in revenue for the City.
H. \home\lomine\AH3\moarbecg
ð
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is entered into this ----.of December, 1999, by
and between the City of Chula vista, (hereinafter "the CITY") and
Peggy J. Mccarberg (hereinafter "ATTORNEY").
RECITALS
The following recitals are a substantive part of this
Agreement:
ATTORNEY represents she is qualified by virtue of her
experience, training, education and expertise to accomplish the
services necessary under this Agreement.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term of Aareement.
This Agreement shall cover services rendered from the above-
referenced date of entry of this Agreement until December 31, 2000.
2. Services to be Provided.
.The services to be performed by ATTORNEY shall consist of any
and all tasks reasonably required to advise, assist and fully
represent the CITY in all legal matters presented to ATTORNEY and
on any matters in litigation, wherein ATTORNEY is consulted by, or
appears on behalf of, the CITY. ATTORNEY'S services shall include,
but are not limited to, any and all reasonably required legal
representation on behalf of the CITY.
/ / / /
/ / / /
/ / / /
1
3. Co~ensation - ATTORNEY shall be compensated as follows:
3.1 Amount. The CITY shall compensate ATTORNEY for
services rendered at the following hourly rate of $87.50/hour
except on matters identified as developer deposit account funded
matters for which ATTORNEY services shall be rendered at
$110.00/hour.
Such hourly compensation shall be the sole and total
remuneration for services rendered pursuant to this Agreement.
3.2 Billing. ATTORNEY agrees to provide detailed
invoicing of all billing for services at a minimum of every three
months. The invoice shall include the amount, billing rate and
basis for calculation of all fees and costs.
All billing for work performed under this Agreement shall be
sent to the following:
John Kaheny, City Attorney
276 Fourth Avenue
Chula Vista, California, 91910
(619) 691-5037.
3.3 Reimbursements for Expenses. ATTORNEY shall keep
accurate records of all costs, travel and expenses. These records
shall be made available to the CITY upon reasonable request.
The CITY will reimburse actual, reasonable and necessary out
of pocket expenses incurred by ATTORNEY in performing any services
under this Agreement, as follows:
a. Parking Fees at the actual amount charged to
ATTORNEY.
b Travel/Mileage at the rate allowed by the Internal
Revenue Service. Any travel fees incurred outside of San
2
Diego County must be authorized and approved in advance by the
CITY.
c. ATTORNEY may seek reimbursement for any actual,
reasonable and necessary expenses incurred on items not
identified above with the prior authorization and approval by
the CITY.
To obtain reimbursement, ATTORNEY shall submit a summary of
expenses, along with all supporting receipts.
4. Insurance.
4.1 Professional Errors and Omissions Insurance.
ATTORNEY shall obtain and maintain in full force and effect at
all times Professional Errors and Omissions Liability Insurance in
a reasonable amount acceptable to the City Attorney.
ATTORNEY agrees to immediately notify the CITY in the event
that the limits shall fall below the acceptable coverage or if the
insurance policies are allowed to lapse and substitute insurance
is, or is not, obtained.
4.2 Workers Compensation Insurance.
ATTORNEY shall obtain and maintain, if applicable, workers
compensation insurance in accordance with section 3700 of the
California Labor Code.
5. City Aqent.
John M. Kaheny, city Attorney, for the purposes of this
Agreement is the Agent for the CITY. Whenever authorization or
approval is required, ATTORNEY understands that the City Attorney
has the authority to provide the authorization or approval.
3
6. Independent Contractor.
ATTORNEY, and anyone employed by ATTORNEY, are not and shall
not be, deemed employees of the CITY. ATTORNEY is solely
responsible for the payment of employment taxes, workers
compensation taxes, and any other taxes for employees.
7. Conflict of Interest.
ATTORNEY represents that she presently has no material
financial interest other than that which may be held by the general
public and shall not acquire any interest, direct or indirect, in
any contract or decision made on behalf of the CITY which may be
affected by the services to be performed by ATTORNEY under this
Agreement.
In addition to the proscriptions regarding conflicts of
interest imposed on ATTORNEY by the Business and Professions Code
and by California Rules of Professional Conduct, ATTORNEY
represents that ATTORNEY shall not represent clients before any
board, commission, committee or agency of the CITY or represent any
client with interests adverse to the CITY. Furthermore, ATTORNEY
shall at all times avoid conflicts of interest or the appearance of
a conflict of interest in performance of this Agreement. ATTORNEY
shall immediately notify the City Attorney of any circumstances, or
change of circumstances, that may provide for the potential for a
conflict of interest, or actual conflict of interest.
8. Non Liability of Officials/Employees of the CITY.
No official or employee of the CITY shall be personally liable
for any default or liability under this Agreement.
4
9. Comcliance with Law.
ATTORNEY shall comply with all applicable laws, ordinances,
codes and regulations of the Federal, state and local governments.
In addition, ATTORNEY agrees to abide by all ethical and moral
standards as represented by the Rules of Professional Conduct as
applied to the California state Bar.
10. Work Product.
All documents, or other information developed or received, by
ATTORNEY shall be the property of the CITY. ATTORNEY shall provide
the CITY with copies of items upon reasonable demand or upon
termination of this Agreement.
11. Notices.
All notice shall be personally delivered or mailed, via first
class mail, to the below listed address. In addition, such
addresses shall be used for delivery for service of process.
ATTORNEY agrees to notify the CITY within ten (10) days of the date
of any change of address and agrees to keep an updated address with
the applicable courts on any matters that ATTORNEY is representing
the CITY.
a. Address of ATTORNEY is as follows:
Peggy J. McCarberg, Esq.
613 West Valley Parkway, ste. 345
Escondido, CA 92025
b. Address of CiTY is as follows:
John M. Kaheny, Esq.
CITY ATTORNEY
276 Fourth Avenue
Chula Vista, CA 91910
12. Default/Termination of Aareement.
CITY and ATTORNEY shall have the right to terminate this
5
Agreement without cause by giving thirty (30) days written notice.
13. Limitations U~on Assignment/Subcontracting.
ATTORNEY agrees that no portion of her performance or services
rendered under this Agreement shall be assigned by ATTORNEY or
subcontracted to any other without prior written authorization and
approval of the CITY.
14. Non-Discrimination.
ATTORNEY covenants there shall be no discrimination based upon
race, color, creed, religion, sex, marital status, age, handicap,
national origin, or ancestry, in any activity pursuant to this
Agreement.
15. Time of Essence.
Time is of the essence in the performance of this Agreement.
16. Entire Agreement.
This Agreement represents the Parties' final and mutual
understanding. This Agreement supersedes any previous Agreements,
oral or written.
17. Modification.
This Agreement shall not be modified or replaced except by
another signed, written Agreement, properly executed by the
parties.
18. ~.
The waiver of any breach or any provision of this Agreement
does not waive any other breach of that term, or any other term, in
this Agreement.
/ / / /
6
19. Partial Invalidity.
If any part of this Agreement is found for any reason to be
unenforceable, all other parts nonetheless shall remain in force.
20. Governinlj¡" Law.
This Agreement shall be interpreted and construed in
accordance with the laws of the state of California.
21. Interpretation.
This Agreement shall be interpreted as though prepared by both
parties.
22. Survival.
All obligations arising prior to the termination of this
Agreement and all provisions of this Agreement allocating
responsibility or liability between the CITY and ATTORNEY survive
the termination of this Agreement.
23. Attorneys' fees.
If a party brings an action, including an action for
declaratory relief, to enforce or to interpret the provisions of
this Agreement, the prevailing party is entitled to reasonable
attorneys' fees and costs in addition to any other relief to which
the party may be entitled. Such fees may be set by the court in
the same action or in a separate action brought for that purpose.
[NEXT PAGE IS SIGNATURE PAGE]
7
[SIGNATURB PAGB TO AGRBEMBNT FOR LBGAL SERVICES AGRBEMENT]
IN WITNESS THEREOF, these parties have executed this Agreement
on the day and year shown below.
Date: CITY OF CHULA VISTA
By:
John M. Kaheny
City Attorney
Date: ATTEST:
By:
City Clerk
Date: OUTSIDE COUNSEL NAME
BY:~<~
P gy J. McCarberg
APPROVED AS TO FORM:
John M. Kaheny
City Attorney
h: \home \carmens \... \bjm \cvcity \presub3. pmj
8
RESOLUTION NO. -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXTENDING THE RETENTION AGREEMENT
WITH PEGGY McCARBERG, ESQ. FOR LEGAL SERVICES
TO BE PERFORMED UNDER THE SUPERVISION OF THE
CITY ATTORNEY FOR THE REMAINDER OF THE FISCAL
YEAR
WHEREAS, for the past five years, Ms, McCarberg has
assisted the Office of the City Attorney on an hourly basis in the
preparation of numerous development agreements, planning and
engineering documents and other assorted legal documents; and
WHEREAS, due to the volume of work accomplished this
year, her compensation will soon exceed $50,000, therefore, the
hourly retention agreement needs to be extended for the remainder
of the year.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby extend the Retention Agreement with
Peggy McCarberg, Esq. for Legal Services to be performed under the
supervision of the City Attorney for the remainder of the fiscal
year.
Presented and Approved as to form by
y
COUNCIL AGENDA STATEMENT
Item-
Meeting Date 1/4/00
ITEM TITLE: Resolution Accepting bids and awarding contract to
DBX, Inc. for the FY98/99 Traffic Signal Detector Loop Replacement
program at various location in the City of Chula Vista (CIP No. TF260).
SUBMITTED BY: D"",~ of "'bb, w~~
REVIEWED BY: City Manager i~p¡z/ (4/5ths Vote: Yes_No.x)
On November 24, 1999, the Director of Public Works received sealed bids ITom five (5) electrical
contractors for the FY98/99 Traffic Signal Detector Loop Replacement program at various locations
in the City ofChula Vista. A low bid of$32,917.00 was received ITom DBX, Inc.
RECOMMENDATION: That Council approve the resolution accepting bids and awarding the
contract to DBX, Inc. for the FY98/99 Traffic Signal Detector Loop Replacement program (CIP No.
TF260).
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On November 24, 1999, the Director of Public Works received sealed bids ITom five (5) electrical
contractors for the implementation of the FY98/99 Traffic Signal Detector Loop Replacement
program at various locations.
The Traffic Signal Detector Loop Replacement program was approved and funded in the City's
FY98/99 Capital Improvement Program. This project addressed various signalized intersections
experiencing some degradation due to malfunctioning vehicle detectors. This is an on-going annual
maintenance project which is evaluated each fiscal year.
The bids received for project were as follows:
Contractor Amount
1. DBX, Inc. - Temecula $32,917.00
2. Trasig Corp. - Chula Vista $49,950.00
3. T&M Electric, Inc. - Lakeside $62,650.00
4. BA Construction - Anaheim $69,000.00
5. Southwest Traffic Signal Service - El Cajon $83,000.00
q -I
Page 2, Item-
Meeting Date 1/4/00
The work to be done for this project includes replacement of malfunctioning traffic signal loop
detectors, and other associated work necessary to make the traffic signal loop detection system
operational. The low bid of $32,917.00 was submitted by DBX, Inc. The second lowest bid was
submitted by Trasig Corp. with a bid of $49,950.00. DBX, lnc.'s low bid for constructing the
project was below the Engineer's estimate of $46,000.00 by approximately 28.4%. The Engineer's
estimates was based on bid prices ITom previously awarded City traffic signal detector loop
replacement projects. The low bid contractor has participated in several bidding projects for the City
in the past and their work prefonnence has been satisfactory. They have met all City requirements
for the award of the contract as set forth in the bid document; therefore, staff recommends awarding
the contract to DBX, Inc.
The total cost for the replacement of traffic signal loop detectors is $55,500.00. This includes the
$32,917.00 contract amount, $8,000.00 in staff costs for design, inspection and contract
administration and $14,583.00 for contingencies. A portion of the contigencies' monies maybe used
to increase the bid item amounts, at the discretion of the City Engineer, without adjustment of unit
prices, since staff recieved excellent unit prices ITom the contractor to do the work.
Environmental Status
The City's Environmental Review Coordinator has reviewed the work involved in this project and
detennined that the project is exempt for CEQA both under CEQA Guidelines, Section 15061 (b)
(3) and Section 15303, Class 3 (new construction or conversion of small structures).
Disclosure Statement
A copy of the Contractor's disclosure statement is attached as Exhibit A.
Prevailing Wage Statement
The source of funding for this project is the Gas Tax Fund. Contractors' bidding this project are
not required to bid based on paying prevailing wages to persons employed by them for the work
under this contract.
No special minority or women owned business requirements were necessary as part of the bid
documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to
Contractors to various minority trade publications.
Fonn of Agreement
The contract will be let on the City's standard Public Works Contract fonn. The final fonn will be
approved by the City Attorney.
q -;}-
Page 3, Item-
Meeting Date 1/4/00
FISCAL IMPACT:
FUNDS REQUIRED FOR CONSTRUCTION
Loop Replacement Program FY 98/99
A. Contract Amount $32,917.00
B. Staff Time $ 8,000.00
D. Contingencies $14,583.00
TOTAL $55,500.00
FUNDS AVAILABLE FOR CONSTRUCTION
C. Gas Tax Fund $55,500.00
TOTAL $55,500.00
There are sufficient funds available to begin construction of this project.
Attachment:
Exhibit A - Contractors Disclosure Statement
File No: 0735-1O-TF-260
H, IH 0 MEIEN G INEER \A G END A \ TF2 60. PG S
q-3
- - ------~-~---
.~ -.. ."
I
'-,' ['HI,,:.
2. if iÙÍyperson" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more
than 10% of the shares in the corporation or owning any partnership interest in the partn=hip.
("5" f\-1 P-!2-rry
3. If any person" identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as
director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
¡vIA
,
4. Have you had more than $250 wonh of business transacted with ~ember of the City staff, Boards. Commissions,
Committees, and Council within the past twelve month? Yes - No - If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consu1tants, or independent Contractors who you have
assigoed to represent you before the City in this maner.
.J,'m ~r'^f
:-r nmcç C. P.e.rr-y
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current
or preceding election period? Yes - No '¥f yes, state which Council memhers(s):
" " " (NO1E: Attached additio
Il-,;ß-CJC¡ I
Date:
ignarore of Contractor! Applicant
Jir-¡ ¥=err~ ?~id~fì.+
Print or type e of Contractorl Applicant
" EmIm is defined as: "Any individllaI, firm, cC>-partnership, joill/ venrure, associarion, social cwb. fratemo1 organization, corporarion, .'
eSlale. trusl, receiver. syndicale. lhis and any oliær counIy, city or COUll/ry, city TTUUlicipality, disma. or olher polirical subdivision,
or any owr group or combination acting as a unil. q-4
EXHIBIT A
14
--..-.,-----,-'..-- -------.----,--.
RESOLUTION NO. -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT TO DBX, INC. FOR THE FY98/99 TRAFFIC
SIGNAL LOOP DETECTOR REPLACEMENT PROGRAM (CIP
NO. TF260)
WHEREAS, on November 24, 1999, the Director of Public
Works received the following five (5) sealed bids for the FY98/99
Traffic signal Detector Loop Replacement program at various
locations in the City of Chula vista:
Contractor Amount
1. DBX, Inc. - Temecula $32,917.00
2 Trasig Corp, - Chula vista $49,950.00
3, T&M Electric, Inc. - Lakeside $62,650.00
4. BA Construction - Anaheim $69,000.00
5. Southwest Traffic Signal Service - $83,000.00
EI Cajon
Engineer's Estimate $46,000.00
WHEREAS, the low bid of $32,917.00 was received from DBX,
Inc. which was below the Engineer's total estimate by approximately
28.4%; and
WHEREAS, DBX, Inc. has met all City requirements for
award of contract as set forth in the bid document; therefore,
staff recommends awarding the contract to DBX, Inc.; and
WHEREAS, the city's Environmental Review Coordinator has
reviewed the work involved in this projects and determined that the
project is exempt for CEQA both under CEQA Guidelines, section
15061 (b) (3) and section 15303, Class 3 (new construction or
conversion of small structures); and
WHEREAS, the source of funding for this project is the
Gas Tax Fund and contractors bidding this project were not required
to pay prevailing wages to persons employed by them for the work
under this contract,
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby accept bids and award contract to
DBX, Inc. for the FY98/99 Traffic signal Detector LOOp Replacement
Program at various locations (CIP No. TF260).
1
q -5
---~--~------~~----
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
contract on behalf of the city of Chula vista.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
h, \HOME\LORRAINE\RS\DETECTOR. LOP
2
q -(/J
S
The FY 1999-00 Equipment Maintenance Budget provides for the replacement of seven
police patrol sedans. The Police Department budgeted for three additional patrol sedans for
officers added to the force. Municipal Code Section 2.56.270 and Council Resolution No.
6132 authorize the Purchasing Agent to participate in cooperative bids with other government
agencies for the purchase of materials of common usage. The City, therefore, is participating
in a CUITent Los Angeles County bid ITom Downtown Ford.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
\(\\~ APPROVING A RESTRUCTURING, AMENDING THE FISCAL YEAR 1999-2000
BUDGET BY RECLASSIFYING FOUR POSITIONS, ADDING ONE NEW POSITION,
TRANSFERRING THREE EXISTING POSITIONS AND APPROPRIATIONS
BETWEEN BUDGET UNITS, AND APPROVING ADDITIONAL APPROPRIATIONS
OF $54,194 FROM THE AVAILABLE FUND BALANCE IN THE GENERAL FUND
(4/5THS VOTE REQUIRED)
This item is requesting approval to restructure the organization by reclassifYing four top
management positions, re-establishing the previous position of Director of Parks and
Recreation to manage a reconstituted department, and transferring the positions and related
budget of the Training and Organizational unit ITom Human Resources to Administration.
These actions will allow a reassignment of functions and responsibilities to better match the
talents of individual managers and provide a framework to work
9. ði~INANCEOFTHECITYCOUNCILOFTHECITYOFCHULA VISTA AMENDING
.~------- SECTION 2.31.040 B.3 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
THE APPOINTMENT OF EX-OFFICIO MEMBERS OF THE MOBILEHOME RENT
VIEW COMMISSION
n April 21, 1992, Ordinance 2502 amending Chapter 2.31 of the Chula Vista Municipal
ode relating to the Mobilehome Rent Review Commission was approved making certain
technical changes and coITections. At such time, Council voted to retain the Ex-Officio
memberships, with one member a resident and one member a park owner. However, the
codified version does not reflect what Council approved. Staff is recommending an
amendment to Section 2.31. 040.B. 3. to allow Council to appoint one ex-officio member who
shall be a tenant of a mobilehome park and one ex-officio member who shall be an owner of
a mobilehome park in order to correct Chapter 2.3 I of the Municipal Code.
Staff recommendation: Council place the ordinance on first reading. (Director of
Community Development)
10 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FY 99/00 BUDGET BY APPROPRIATING UNANTICIPATED
l~ DONATION REVENUE IN THE AMOUNT OF $32,750 TO THE LffiRARY AND
\ G\ -1 RECREATION DEPARTMENT BUDGET FOR EXPENDITURES ASSOCIATED WITH
THE CHULA VISTA LITERACY TEAM, THE CULTURAL ARTS PROGRAM, THE
THERAPEUTICS PROGRAM, THE RECREATION DIVISION AND THE LffiRARY
DIVISION (415TH'S VOTE REQUIRED) .
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
./ AUTHORIZING THE TRANSFER OF $6,400 FROM THE LffiRARY DONATIONS
~ 1 iJ ACCOUNT TO THE FRIENDS OF THE LffiRAR Y ENDOWMENT FUND AT THE SAN
. DIEGO FOUNDATION
Page 3 - Council Agenda 12/14/99