HomeMy WebLinkAboutAgenda Packet 2004/08/24
CITY COUNCIL AGENDA
August 24, 2004 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CllY OF
CHUlA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Mary Salas City Clerk
Stephen C. Padilla, Mayor Susan Bigelow
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The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68.
Agendas are available on tbe City's website at:
www.chulavistaca.gov
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August 24, 2004
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted this
document on the bulletin board according to
Brown Act requirements.
AGENDADated~Signed ~~A.tI J~
6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATHS OF OFFICE:
Majed AI-Ghafry - Safety Commission
John Tessitore (Bonita Vista Middle School) - Youth Commission
Chelsea Rodriguez (Hilltop Middle School) - Youth Commission
. PRESENTATION BY ASSISTANT CITY MANAGER PALMER OF THE
NEW CIVIC CENTER MARKET PLACE
CONSENT CALENDAR
(Items 1 through 10)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed after Action Items.
1. APPROVAL OF MINUTES of the Special Meetings of August 10 and August 16,2004.
Staff recommendation: Council approve the minutes.
2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE
TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER
BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS, AND
AMENDING ORDINANCE NO. 2617 (SECOND READING)
The Salt Creek sewer basin development impact fee was established in December 1994 to
facilitate construction of the Salt Creek trunk sewer to serve properties within the benefit
area. Since that time, costs associated with the project have continued to increase, and
the project has broadened in scope as additional needed sewer facilities have been
identified to serve the benefit area. In order to ensure that sufficient funding will be
available to complete the project, staff recommends increasing the Salt Creek sewer basin
DIF from $284 to $1,330 per equivalent dwelling unit. This ordinance was introduced
August 17, 2004. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the ordinance.
Page 1 - Council Agenda
August 24, 2004
3. ORDINANCE OF THE CITY COUNCIL OF TIlE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING
TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE
POSITION OF ENERGY SERVICES MANAGER (SECOND READING)
On August 17, 2004, the Council approved the creation of the division of Energy
Services, reporting to the City Manager's office, and the addition of one unclassified, at-
will position. Charter section 500 requires that all unclassified positions not mentioned
specifically in that section be added by ordinance. This ordinance was introduced August
17,2004. (Assistant City Manager Morris)
Staff recommendation: Council adopt the ordinance.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE RENEWAL OF TIlE AGREEMENT WITH THE SWEETWATER
UNION HIGH SCHOOL DISTRICT FOR THE JOINT USE OF THE LIBRARY
FACILITY AT EASTLAKE LIBRARY
The three-year (with two, one-year options to renew) agreement between the City of
Chula Vista and the Sweetwater Union High School District, providing for the joint use
of the EastLake School Library, expired June 30, 2004. A new agreement to continue
this collaborative venture has now been negotiated and will be approved by the
Sweetwater District Board at their monthly meeting on August 16,2004. The EastLake
Library has remained open to the public while the new agreement was being negotiated.
(Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF SAN MIGUEL RANCH NEIGHBORHOOD "B",
CHULA VISTA TRACT NO. 99-04; APPROVING TIlE ASSOCIATED
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF THE
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; AND APPROVING TIlE
ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT,
REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED
CONDITIONS OF THE TENTATIVE MAP
Council previously approved a tentative subdivision map for Chula Vista Tract 99-04 in
San Miguel Ranch, and "A" Map No. 1 for San Miguel Ranch, phases one, two, and four.
Adoption of the resolution approves the final map for planning area "B" within San
Miguel Ranch. The developer is William Lyon Homes. (Director of General Services,
City Engineer)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda August 24, 2004
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6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF ROLLING HILLS RANCH, SUB-AREA III,
NEIGHBORHOOD 9B, CHULA VISTA TRACT NO. 92-02A; APPROVING TIlE
ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF THE IMPROVEMENTS REQUIRED BY SAID SUBDIVISION;
AND APPROVING TIlE ASSOCIATED SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT, REQUIRING DEVELOPER TO COMPLY WITH
CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 16834 AND
RESOLUTION NO. 2003-199
Council previously approved a tentative subdivision map for Salt Creek Ranch, Chula
Vista Tract No. 92-02, and an amended tentative subdivision map for Rolling Hills Ranch
(formerly known as Salt Creek Ranch) Sub-area III, Chula Vista Tract No. 92-02A, in
which Neighborhoods 9 through 12 of the original tentative subdivision map were
redesigned. Adoption of the resolution approves the final map for Neighborhood 9B, and
its associated agreements. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND
APPROVING AGREEMENTS WITH BRUCE HULL AND ASSOCIATES FOR
APPRAISAL SERVICES, THE MEYERS GROUP FOR MARKET ABSORPTION
SERVICES AND MCGILL MARTIN SELF, INC. FOR SPECIAL TAX
CONSULTANT AND AUDITING SERVICES FOR COMMUNITY FACILITIES
DISTRICTS WITHIN THE CITY FOR THE NEXT THREE YEARS (Continued from
August 17,2004)
The City currently has seven community facilities districts (CFD's) for the purpose of
financing infrastructure improvements. The consultants have provided CFD formation
services for the last three years. It is recommended that the consultants continue to
provide CFD formation services for the City in the coming three years. (Director of
General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF CHULA VISTA
ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT, "TRANSIT
FACILITIES CITYWIDE" (STL-312), FOR TRANSIT BUS STOP IMPROVEMENTS
AT VARIOUS LOCATIONS IN EASTLAKE AND OTAY RANCH, AND
APPROPRIATING $310,332 FROM THE TRANSIT CAPITAL PROJECT FUND
(4/5THS VOTE REQUIRED)
During the development process of the Eastlake and Otay Ranch communities, the need
for future transit service was apparent. As part of the provision to provide quality transit
service to the residents of these communities there will be a need for bus stop
improvements such as benches, shelters and landing pads to accommodate passengers
utilizing the service. Adoption of the resolution enables bus stop improvements in these
areas. (Director of General Services, Director of Public Works Operations)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda August 24, 2004
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9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING TIlE RECLASSIFICATION OF A VACANT POSITION FROM
SENIOR COMMUNITY DEVELOPMENT SPECIALIST TO PRINCIPAL
COMMUNITY DEVELOPMENT SPECIALIST
The Human Resources Department has reviewed the requested reclassification based on
increasing responsibilities and changes in the job duties, and as a result, is recommending
reclassifying the position. (Director of Community Development, Director of Human
Resources)
Staff recommendation: Council adopt the resolution.
10 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ENHANCING THE OFFICE OF COMMUNICATIONS; TRANSFERRING THE
EXISTING LEGISLATIVE FUNCTION FROM THE CITY MANAGER'S OFFICE TO
THE MAYOR AND COUNCIL'S OFFICE; TRANSFERRING AND
RECLASSIFYING POSITIONS, AND TRANSFERRING AND APPROPRIATING
FUNDS TIlEREFOR (4/5THS VOTE REQUIRED)
B. ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL COPE SECTION 2.05.010 RELATING
TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THREE
POSITIONS: 1) INTERGOVERNMENTAL AFFAIRS COORDINATOR, 2)
COMMUNICATIONS MANAGER, AND 3) OFFICE SPECIALIST (MAYOR'S
OFFICE)
The proposed changes enhance the Office of Communications to reflect added duties and
responsibilities needed to improve external and internal communications for a net cost of
$205,100; adoption of the proposed resolution and ordinance also transfers the existing
legislative function and position from the City Manager's Office to the Mayor's Office to
reflect the recent change in the composition of the legislative committee and consistency
with the City Charter; and transfers and reclassifies positions, and transfers and
appropriates funds. (City Manager, Director of Communications, Director of
Management and Information Services)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
ITEMS PULLED FROM THE CONSENT CALENDAR
Page 4 - Council Agenda August 24, 2004
OTHER BUSINESS
ll. CITY MANAGER'S REPORTS
12. MAYOR'S REPORTS
13. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M Brown Act (Government Code 54957.7).
14. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE 54957.6
· Agency designated representatives: Sharon Marshall, Marcia Raskin, David D.
Rowlands, Jr.
· Employee organization: Police Officers Association
15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: San Diego Gas & Electric - Gas and Electricity Franchise
(pertaining to public rights-of-way throughout the City of Chula
Vista)
Agency negotiators: Steve Padilla, Sid Morris, David Huard, Elizabeth Wagner Hull
Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various
representatives)
Under Negotiation: Price and terms of franchise conveyance
16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· Application of SDG&E for Authority to Update its Gas and Electric Revenue
Requirement and Base Rates (Doc. Nos. A-02-12-27, A-02-12-028, and I 03-03-
016)
ADJOURNMENT to an Adjourned Regular Meeting on September 7, 2004 at 6:00 p.m., in
the Council Chambers; thence to an Adjourned Regular Meeting on
September 9, 2004 at 4:00 p.m., in the Council Chambers; and thence to
the Regular Meeting of September 14, 2004, at 6:00 p.m. in the Council
Chambers.
Page 5 - Council Agenda August 24, 2004
."_.._"-~.__._.'-' "._,.._-~". --...-...-.....-- --.. "~-_._.,~-'~.."~.~------_._~'"
MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL
OF TIlE CITY OF CHULA VISTA
August 10, 2004 6:00 P.M.
A Special Meeting of the City Council of the City ofChula Vista was called to order at 6:00 p.m.
in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula
Vista, California.
ROLL CALL:
PRESENT: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands and City Attorney Moore
ORAL COMMUNICATIONS
There were none.
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE 54957.6
. Agency designated representatives: Sharon Marshall, Marcia Raskin, David D.
Rowlands, Jr.
. Employee organization: Police Officers Association
No reportable action was taken on this item.
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: San Diego Gas & Electric - Gas and Electricity Franchise
(pertaining to public rights-of-way throughout the City of Chula
Vista)
Agency negotiators: Steve Padilla, Sid Morris, David Huard, Elizabeth Wagner Hull
Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various
representatives)
Under Negotiation: Price and terms of franchise conveyance
No reportable action was taken on this item.
/
CLOSED SESSION (Continued)
3. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. Application of SDG&E for Authority to Update its Gas and Electric Revenue
Requirement and Base Rates (Doc. Nos. A-02-12-27, A-02-12-028, and I 03-03-
016)
No reportable action was taken on this item.
ADJOURNMENT
At 9:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of August 17,2004,
at 6:00 p.m. in the Council Chambers.
"~LLl..~~'(~
Susan Bigelow, MMC, City Clerk
Page 2 - Council Closed Session Minutes 08/10/2004
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MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
August 16,2004 12:00 p.m.
A Special Meeting of the City Council of the City of Chula Vista was called to order at 12 :00
p.m. at the Community Development Department, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Salas, Rindone, and Mayor Padilla
(Councilmember Rindone arrived at 3 :45 p.m.)
ABSENT: Councilmembers: Davis, McCann
ALSO PRESENT: City Manager Rowlands, Community Development Director
Madigan, Planning and Building Director Sandoval, Public
Information Officer Pursell, Principal Planner Rosaler, and
Community Development Specialist Perez
ORAL COMMUNICATIONS
There were none.
BUSINESS
1. UNIVERSITY WORKING SUB-COMMITTEE TOUR AND PRESENTATION
The purpose of the meeting was to conduct a tour and make a presentation to
representatives from the Point Lema Nazarene University. (Community Development
Director)
City Council and representatives from Point Lema Nazarene University toured the university site
and Olympic Training Center. Representatives of Stratus, the City's consultant, presented the
higher education model, including the university park and research center concept, the City's
potential investment and commitment, and challenges and opportunities for a higher education
university in Chula Vista.
No action was taken by the Council.
ADJOURNMENT
At 4:35 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of August 17, 2004,
at 6:00 p.m. in the Council Chambers.
~tLL..r >...,~«~~
Susan Bigelow, MMC, City Clerk
I
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Ordinance No. rR\\O~
Page 1
~\) ~'V
ORDINANCE NO. £.~\)\~G ~
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AN ORDINANCE OF THE CITY OF A VISTA,
CALIFORNIA AMENDING THE SALT CREEK SEWER
BASIN DEVELOPMENT IMPACT FEE TO PAY FOR
SEWER IMPROVEMENTS WITHIN THE SALT CREEK
SEWER BASIN AS A CONDITION OF ISSUANCE OF
BUILDING PERMITS AND AMENDING ORDINANCE NO.
2617
WHEREAS, developers of land within the City should be required to mitigate the burden
created by development through the construction or improvement of sewer facilities within the
boundaries of the development and either the construction or improvement of sewer facilities
outside the boundaries of the development which are needed to provide service to the
development in accordance with City standards or the payment of a fee to finance a
development's portion of the total cost ofthe public facilities; and,
WHEREAS, all development within the City contributes to the cumulative burden on
various sewer facilities in direct relationship to the amount of population generated by the
development or the gross acreage of the commercial or industrial land in the development; and,
WHEREAS, the Salt Creek Sewer Basin (Gravity Basin) is that area of land within the
City of Chula Vista and the County of San Diego from which wastewater will flow by gravity
from Salt Creek into the Otay River Valley (which also includes the portion land referred to as
the "Wolf Canyon Basin"). The Otay Lake Basins are those areas of land within the County of
San Diego from which wastewater will flow by gravity into the Lower and Upper Otay Lake
Reservoirs, a portion of which will be pumped into the Gravity Basin. These areas are shown on
the map attached hereto as Exhibit "A", Salt Creek Sewer Study Map; and,
WHEREAS, on December 6, 1994, the City Council of the City of Chula Vista adopted
Ordinance No. 2617 establishing a Development Impact Fee to pay for sewer improvements
within the Salt Creek Sewer Basin asa condition of issuance of building permits; and
WHEREAS, City Staff has prepared the Update to the Salt Creek Sewer Basin Plan
("Report") dated August 2004; and,
WHEREAS, the Report has determined that new development within Upper and Lower
Otay Lake and Salt Creek Basins, including the Wolf Canyon Basin will create adverse impacts
on the City's existing sewer facilities-to wit, that there are no existing sewers which can serve
gravity sewage flows expected to be generated from new development within these Basins-which
must be mitigated by the financing and construction of certain sewer facilities identified in this
ordinance; and,
WHEREAS, said Report includes an estimate of ultimate sewer flows anticipated from
the Otay Lake and Salt Creek Basins, recommends sewer facilities needed to transport these
flows, including additional facilities known as Rock Mountain Road Trunk Sewer and Heritage
2-1
_".··..__~,_··.__.·."__.__"_._,..__.._u_____~.~__..,______"_________
Ordinance No.
Page 2
Road Trunk Sewer and establishes a fee payable by persons obtaining building permits for
developments within these basins benefiting from the construction of these facilities; and,
WHEREAS, in April and July 2004 public meetings were held with the owners and
developers of properties located within the Gravity Basin to discuss the Report and city staff
recommendations for revising the Salt Creek Sewer Basin Development Impact Fee; and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines; therefore, pursuant to Section 15060( c )(3) of the State CEQA Guidelines, the
activity is not subject to CEQA. Although environmental review is not necessary at this time,
environmental review has been completed for the Salt Creek Gravity Sewer Interceptor and will
be required for the Wolf Canyon Trunk Sewers prior to the approval of final design plans and the
awarding of the construction contract; and,
WHEREAS, on August 17, 2004 a Public Hearing was held before the City Council to
provide an opportunity for interested persons to be heard on the approval of the Report and
revising of the Salt Creek Sewer Basin Development Impact Fee; and,
WHEREAS, the City Council determined, based upon the evidence presented at the
Public Hearing, including, but not limited to, the Report and other information received by the
City Council in the course of its business, that imposition of the sewer facilities development
impact fee on all developments within the Salt Creek, Wolf Canyon and Otay Lake Basins in the
City of Chula Vista for which building permits have not yet been issued is necessary in order to
protect the public safety and welfare and to ensure effective implementation of the City's General
Plan; and,
WHEREAS, the City Council has determined that the amount of the fee levied by this
ordinance does not exceed the estimated cost of providing the public facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Environmental Review.
That the activity will have no significant environmental impacts, and
therefore is not subject to the CEQA although environmental review will be
required for the Wolf Canyon Trunk Sewers.
SECTION 2. Approval of Report.
The City Council has independently reviewed the proposed Report herewith
presented, finds that it is fair, reasonable and equitable to all parties, and
herewith adopts same in the form on file with the City Clerk, known as the
2-~
Ordinance No.
Page 3
Update to the Salt Creek Sewer Basin Plan, dated August 2004, a copy of
which is on file in the office of the City Clerk and the City Engineer.
SECTION 3. "Facilities" .
The facilities which are the subject matter of the fee herein established are
fully described in the Report at page13, Table 2.4 thereof, and the locations
at which they will be constructed are shown on Exhibit "A", Salt Creek
Basin Sewer Study Map, which is included in the Report, all of which
facilities may be modified by the City Council from time to time by
resolution ("Facilities"). The City Council may modify or amend the list of
projects herein considered to be part of the Facilities by written resolution in
order to maintain compliance with the City's Capital Improvement Program
or to reflect changes in land development and estimated and actual
wastewater flow.
SECTION 4. Territory to Which Fee Is Applicable.
The area of the City ofChula Vista to which the Fee herein established shall
be applicable is set forth on Exhibit "A", and is generally described as the
Salt Creek Sewer Basin, that portion of the Upper Otay Lake Basin north of
the Salt Creek Sewer Basin, Wolf Canyon Basin and that portion of the
Lower Otay Lake Basin east of the Salt Creek Sewer Basin,
SECTION 5. Purpose.
The purpose of this ordinance is to provide the necessary financing to cover
the costs associated with and to construct the necessary facilities within the
areas shown in Exhibit "A".
SECTION 6. Establishment of Fee.
A Development Impact Fee ("Fee"), to be expressed on a per Equivalent
Dwelling Unit ("EDU") basis, and payable prior to the issuance of a
building permit for a development project within the Territory, is hereby
established.
SECTION 7. Due on Issuance of Building Permit.
The Fee shall be paid in cash upon the issuance of a building permit. Early
payment is not permitted.
SECTION 8. Determination of Equivalent Dwelling Units.
Each single family detached dwelling or single family attached dwelling
shall be considered one EDU for purposes of this Fee. Each unit within a
2~3
n
_ __________ c __ ____ __+_ _.__.__~+___~______._.___ __..____.."_______+. .._
Ordinance No.
Page 4
multi-family dwelling shall be considered 0.75 EDD. Every other
commercial, industrial, non-profit, public or quasi-public, or other usage
shall be charged at a rate calculated in accordance with the method for
estimating EDUs set forth in Exhibit "B", EDU Conversion Factors For
Financial Analysis, and is included as Table 5.1 in the Report.
SECTION 9. Time to Determine Amount Due; Advance Payment
Prohibited. The Fee for each development shall be calculated at the time of
building permit issuance and shall be the amount as indicated at that time
and not when the tentative map or final map was granted or applied for, or
when the building permit plan check was conducted, or when application
was made for the building permit.
SECTION 10. Purpose and Use of Fee.
The purpose of the Fee is to pay for the planning, design, construction
and/or financing (including the cost of interest and other financing costs as
appropriate) of the Facilities and purchase of a maintenance vehicle, or
reimbursement to the City or, at the discretion of the City if approved in
advance in writing, other third parties for advancing costs actually incurred
for planning, designing, constructing, or fmancing the Facilities. Any use of
the Fee shall receive the advance consent of the City Council and be used in
a manner consistent with the purpose of the Fee.
SECTION 11. Amount of Fee; Amendment to the Master Fee Schedule.
The Fee shall be calculated at the rate of $1,330 per EDU. Chapter XVI,
Other Fees, of the Master Fee Schedule is hereby amended to add Section C,
which shall read as follows:
"C. Salt Creek Sewer Basin Development Impact Fee.
This section is intended to memorialize the key provisions of Ordinance
No._, but said Ordinance governs over the provisions of the Master
Fee Schedule. For example, in the event of a conflict in interpretation
between the Master Fee Schedule and the Ordinance, or in the event that
there are additional rules applicable to the imposition of the Fee, the
language of the Ordinance governs.
a. Territory to which Fee Applicable.
The area of the City of Chula Vista to which the Fee herein
established shall be applicable is set forth in Exhibit "A" of the Salt
Creek Basin Gravity Sewer Analysis dated November 1994, and is
generally described as the Salt Creek Basin, that portion of the
2.-'1
Ordinance No.
Page 5
Upper Otay Lake Basin north of the Salt Creek Sewer Basin, the
Wolf Canyon Basin, and that portion of the Lower Otay Lake Basin
east of the Salt Creek Sewer Basin.
b. Rate per EDU.
The Fee shall be calculated at the rate of$1,330 per EDU, which rate
shall be adjusted from time to time by the City Council.
c. EDU Calculation.
Each single family detached dwelling or single family attached
dwelling shall be considered one EDU for purposes of this Fee.
Each unit within a multi-family dwelling shall be considered 0.75
EDU. Every other commercial, industrial, non-profit, public or
quasi-public, or other usage shall be charged at a rate calculated in
accordance with the method for estimating EDUs set forth in Table
5.1 of the Report
d. When Payable.
The Fee shall be paid in cash not later than immediately prior to the
issuance of a building permit. The City Council intends to review
the amount of the Fee annually or from time to time. The City
Council may, at such reviews, adjust the amount of this fee as
necessary to assure construction and operation of the Facilities. The
reasons for which adjustments may be made include, but are limited
to, the following: changes in the costs of the Facilities as may be
reflected by such index as the Council deems appropriate, such as
the Engineering-News Record Construction Cost Index (ENR-CC1);
changes in the type, size, location or cost of the Facilities to be
financed by the Fee; changes in land use on approved tentative maps
or Specific Plan Amendments; other sound engineering, fmancing
and planning information. Adjustments to the above Fee may be
made by resolution amending the Master Fee Schedule.
SECTION 12. Authority for Accounting and Expenditures.
The proceeds collected from the imposition of the Fee shall be deposited
into a public facility fmancing fund ("Salt Creek Sewer Basin Benefit Area
Fee Fund", or alternatively herein "Fund") which is hereby created and shall
be expended only for the purposes set forth in this ordinance.
The Director of Finance is authorized to establish various accounts within
the Fund for the Facilities identified in this ordinance and to periodically
make expenditures from the Fund for the purposes set forth herein in
2-5
~ .__..,,_..__.u____ _ ·_m.."._~ __..___~__ __~ __ ________________________..._______
Ordinance No.
Page 6
accordance with the facilities phasing plan or capital improvement plan
adopted by the City Council.
SECTION 13. Findings.
The City Council finds that collection of the Fees established by this
ordinance at the time of issuance of the building permit is necessary to
ensure that funds will be available for the construction of facilities
concurrent with the need for these facilities and to ensure certainty in the
capital facilities budgeting for growth impacted public facilities.
SECTION 14. Fee Additional to other Fees and Charges.
The Fee established by this section is in addition to the requirements
imposed by other City laws, policies or regulations relating to the
construction or the financing of the construction of public improvements
within subdivisions or developments.
SECTION 15. Mandatory Construction of a Portion of the Facilities; Duty to Tender
Reimbursement Offer.
Whenever a developer of a development project is required as a condition of
approval of a development permit to cause a portion of the sewer system
which is the subject matter of a Facilities enhancement planned for
improvement under the Basin Plan to be constructed to accommodate the
sewage flow generated by the development, the City may require the
developer to install Facilities according to design specifications approved by
the City. Such improvements shall have the size or capacity necessary to
accommodate estimated ultimate flow as indicated in the Basin Plan and
subsequent amendments. If such a requirement is imposed, the City shall
offer to reimburse the developer from the Fund either in cash or over time as
Fees are collected, at the option of the City, for costs incurred by the
developer for the design and construction of the Facility not to exceed the
estimated cost of that particular Facility as included in the calculation and
updating of the Fee. The City may update the Fee calculation as City deems
appropriate prior to making such offer. This duty to offer reimbursement
shall be independent of the developer's obligation to pay the Fee.
SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender
Reimbursement Offer. .
If a developer is willing and agrees in writing to design and construct a
portion of the Facilities III conjunction with the prosecution of a
development project within the Territory, the City may, as part of the
written agreement, grant credits against the Developer's obligation to pay
~ /
c.--~
Ordinance No.
Page 7
the Fee, and may thereafter, use the proceeds of the Fund to reimburse the
developer from the Fund either at the time the expenditures are incurred or
over time as fees are collected, at the option of the City, for costs incurred
by the developer for the design and construction of the Facility not to exceed
the estimated cost of that particular Facility as included in the calculation
and updating of the Fee, and in an amount agreed to in advance of their
expenditure in writing by the City, The City may update the Fee calculation
as City deems appropriate prior to making such offer. This duty to extend
credits or offer reimbursement shall be independent of the developer's
obligation to pay the Fee.
SECTION 17. Procedure for Entitlement to Reimbursement Offer.
The City's duty to extend a reimbursement offer to a developer pursuant to
Section 14 or 15 above shall be conditioned on the developer complying
with the terms and conditions of this section:
a. Written authorization shall be requested by the developer from the City
and issued by the City Council by written resolution before developer
may incur any costs eligible for reimbursement relating to the Work.
b. The request for authorization shall contain the following information, and
such other information as may from time to time be requested by the
City:
(1) Detailed descriptions of the Work with the preliminary cost estimate.
c. If the Council grants authorization, it shall be by written agreement with
the Developer, and on the following conditions among such other
conditions as the Council may from time to time impose:
(1) Developer shall prepare all plans and specifications and submit
same to the City for approval;
(2) Developer shall secure and dedicate any right-of-way required for
the Work;
(3) Developer shall secure all required permits and environmental
clearances necessary for construction of the project;
(4) Developer shall provide performance bonds in a form and amount,
and with a surety satisfactory to the City;
(5) Developer shall pay all City fees and costs.
2-7
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Ordinance No.
Page 8
(6) The City shall . be held harmless and indemnified, and upon
demand by the City, defended by the developer for any of the costs
and liabilities associated with the construction of the proj ect.
(7) The developer shall advance all necessary funds to design and
construct the proj ect.
(8) The developer shall secure at least three (3) qualified bids for work
to be done, The construction contract shall be granted to the lowest
qualified bidder. Any claims for additional payment for extra work
or charges during construction shall be justified and shall be
documented to the satisfaction of the Director of Public Works.
(9) The developer shall provide a detailed cost estimate which
itemizes those costs of the construction attributable to the Work.
The estimate is preliminary and subj ect to final determination by
the Director of Public Works upon completion of the Public
F acili ty Proj ect.
(10) The agreement may provide that upon determination of satisfactory
incremental completion of a Facility, as approved and certified by
the Director of Public Works, the City may pay the developer
progress payments in an amount not to exceed 75 percent of the
estimated cost of the construction completed to the time of the
progress payment but shall provide in such case for the retention of
25% of such costs until issuance by the City of a Notice of
Completion.
(11) the agreement may provide that any funds owed to the developer
as reimbursements may be applied to the developer's obligations to
pay the Fee for building permits to be applied for in the future.
(12) When all work has been completed to the satisfaction of the City,
. the developer shall submit verification of payments made for the
construction of the proj ect to the City. The Director of Public
Works shall make the final determination on expenditures which
are eligible for reimbursement.
(13) After final determination of expenditures eligible for
reimbursement has been made by the Public Works Director, the
parties may agree to offset the developer's duty to pay Fees
required by this ordinance against the City's duty to reimburse the
developer.
.
(14) If, after offset if any, funds are due the developer under this
section, the City shall reimburse the developer from the Fund
2-8
Ordinance No.
Page 9
either at the time the expenditures are incurred or over time as Fees
are collected, at the option of the City, for eligible costs incurred
by the developer for the design and construction of the Facility not
to exceed the estimated cost of that particular Facility as included
in the calculation and updating of the Fee; or the developer may
waive reimbursement and use the amount due them as credit
against future Development Impact Fee obligations.
SECTION 18. Procedure for Fee Modification.
Any developer who, because of the nature or type of uses proposed for a
development project, contends that application of the Fee imposed by this
ordinance is unconstitutional or unrelated to mitigation of the burdens of the
development, may apply to the City Council for a modification of the Fee
and the manner in which it is calculated. The application shall be made in
writing and filed with the City Clerk not later than ten (10) days after notice
is given of the public hearing on the development permit application for the
proj ect, or if no development permit is required, at the time of the filing of
the building permit application. The application shall state in detail the
factual basis for the claim of modification, and shall provide an engineering
and accounting report showing the overall impact on the DIF and the ability
of the City to complete construction of the Facilities by making the
modification requested by the applicant. The City Council shall make
reasonable efforts to consider the application within sixty (60) days after its
filing. The decision of the City Council shall be final. The procedure
provided by this section is additional to any other procedure authorized by
law for protection or challenging the Fee imposed by this ordinance.
SECTION 19. Fee Applicable to Public Agencies.
Development projects by public agencies, including schools, shall not be
exempt from the provisions of the Fee.
SECTION 20. Assessment District.
If any assessment or special taxing district is established to design, construct
and pay for any or all of the Facilities ("Work Altematively Financed"), the
owner or developer of a project may apply to the City Council for
reimbursement from the Fund in an amount equal to that portion of the cost
included in the calculation of the Fee attributable to the Work Alternatively
Financed. In this regard, the amount of the reimbursement shall be based in
the costs included in the Basin Plan, as amended from time to time, and
therefore, will not include any portion of the financing costs associated with
the formation of the assessment or other special taxing district.
2-1
Ordinance No.
Page 10
SECTION 21. Expiration of this Ordinance.
This ordinance shall be of no further force and effect when the City Council
determines that the amount of Fees which have been collected reaches an
amount equal to the cost of the Facilities.
SECTION 22. Time Limit for Judicial Action.
Any judicial action or proceeding to attack, review, set aside, void or annul
this ordinance shall be brought within the time period as established bylaw
after the effective date of this ordinance..
In accordance with Government Code Section 66020(d)(1), the ninety-day
approval period to which parties may protest begin upon the effective date
of this Ordinance.
SECTION 23. Other Not Previously Defined Terms.
For the purposes of this ordinance, the following words or phrases shall be
construed as defined in this Section, unless from the context it appears that a
different meaning is intended.
(a) "Building Permit" means a permit required by and issued pursuant to
the Uniform Building Code as adopted by reference by this City.
(b) "Developer" means the owner or developer of a development.
(c) "Development Permit" means any discretionary permit, entitlement or
approval for a development project issued under any zoning or
subdivision ordinance of the City.
(d) "Development Project" or "Development" means any activity
described in Section 65927 and 65928 ofthe State Government Code.
(e) "Single Family Attached Dwelling" means a single family dwelling
attached to another single family dwelling, with each dwelling on its
own lot.
SECTION 24. Effective Date.
This ordinance shall become effective sixty (60) days after its second
reading and adoption.
2-/0
-.----- ---~_.._--'--_._.. -_.__.-,-,....-
Ordinance No.
Page 11
Presented by Approved as to form by
ro.
p~
Jack Griffin oore
Director General Services . y Attorney
J :Attorney/Ordinance/Salt-Creek- DIP -Ord _final
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ORDINANCE NO. ?-B'-\J\~G.
~\J .
ORDINANCE OF THE CITY COUNCIL ~'Ç.~ CITY OF ... .
CHULA VISTA AMENDING CHULA VISTA MUNICIPAL
CODE SECTION 2.05.010 RELATING TO THE
ESTABLISHMENT OF ONE UNCLASSIFIED, AT-WILL
POSITION TO ADD THE POSITION OF ENERGY SERVICES
MANAGER
WHEREAS, the City Council has adopted a resolution approving the addition of one
unclassified, at-will, senior manager position to the City Manager's Office; and
WHEREAS, Charter Section 500(a) requires that all new unclassified, management level
positions be adopted by ordinance and a four-fifths vote of the Council.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1: Section 2.05.010 of the Chula Vista Municipal Code relating to the
establishment ofunc1assified position is hereby amended to read as follows:
2.05.010 Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of the
Charter of the city, there are established the unclassified positions entitled deputy city manager,
administrative services manager, deputy fire chief, assistant fire chief, assistant chief of police,
assistant director of finance, assistant director of budget and analysis, fiscal operations manager,
funds development strategic planning manager, purchasing agent, treasury manager, assistant
director of human resources, director of employee development, risk manager, assistant director
of public works and operations, assistant director of building and housing, deputy building
official, building services manager, building and park construction manager, parks and open
space manager, assistant director of recreation, housing coordinator, real property manager,
transit coordinator, assistant director of community development, community relations manager,
westem Chula Vista development manager, traffic engineer, deputy director of engineering,
assistant library director, chief learning officer, director of communications, police captain,
director of conservation and environmental services, deputy director of planning, assistant
director of planning, special planning projects manager, general plan project manager, chief of
staff, constituent services manager, community liaison (assigned to the office of the mayor and
city còuncil), California border alliance group deputy executive director, California border
alliance group budget manager, California border alliance group meth strike force coordinator,
California border alliance group network administrator, California border alliance group
operations/intelligence coordinator, California border alliance group program manager,
California border alliance group program analyst, California border alliance group management
assistant, California border alliance group network assistant, regional computer forensic
laboratory network engineer, California border alliance group executive assistant, and Energy
Services Manager.
SECTION II: This ordinance shall take effect and be in full force and effect 30 days after its
second reading and adoption.
3-1
. -- - ---_._---_._.._._..-.--------_._--_._..~- -- ----".~_.._-_.__._---
Ordinance
Page 2
Submitted by: Approved as to form by:
¿' C) fi h [j( [Â.I - {ci¿Ji?",-.
Ann Moore, City Attorney
3-2..
COUNCIL AGENDA STATEMENT
Item: 4-
Meeting Date: 8/24/2004
ITEM TITLE: Resolution approving the Renewal of the Agreement with
the Sweetwater Union High School District for the Joint Use of the
Library Facility at Eastlake Library.
SUBMITTED BY: Assistant City Manager Palmer~
REVIEWED BY: G(¿. (4/5ths Vote: Yes_No--.X.J
City Manager .{I 9('""
The three-year (with two one-year options to renew) agreement between the City of Chula Vista
and the Sweetwater Union High School District, providing for the joint use of the EastLake
School Library, expired June 30, 2004. A new agreement to continue this collaborative venture
has now been negotiated and will be approved by the Sweetwater District Board at their monthly
meeting on August 16,2004 (Attachment "A"). The EastLake Library has remained open to the
public while the new agreement was being negotiated.
STAFF RECOMMENDATION: That Council approve the Resolution renewmg the
agreement for the joint use of the EastLake Library for a two-year period ending June 30, 2006,
with two one-year options to renew.
BOARDS/COMMISSIONS RECOMMENDATIONS: N/A
DISCUSSION:
In August 1993, the City and Sweetwater Union High School District entered into a three-year
agreement to jointly provide library service at the EastLake High School. In June 1999, the
agreement was renewed for a third three-year period.
This proposed renewal agreement continues the basic premises of the previous agreements.
The District will:
· Allow the City to use the Library, rent free, after regular school hours on weekdays and
weekends. Current EastLake Library hours are: Monday- Thursday 3:30 p.m. to 8:00
p.m., and Saturday 10:00 a.m. to 4:00 p.m.
· Provide for all custodial services and pay for all utilities, except for the City Library's fax
line.
· Provide nine (9) or more public access computer workstations with access to the Internet
and other software applications plus two (2) or more networked printers.
· Provide on-campus parking for the public and staff.
?/~/
- - '0 ._..~..____... ."..._.~,,__"._. .~____ _ .____.___~.___~____,_"_._.___..,..,__._._
Item: Joo: Page 2
Meeting Date: 8/24/ 004
The City will:
· Provide the School Library access to its automated library system, including circulation
and online catalog functions, with the District following City policies regarding patron
registration, loan periods, fines, access to materials and restricts for delinquencies.
· Provide access to its information network via frame relay.
· Provide six (6) computer workstations for access to the catalog and two (2) computer
workstations for circulation purposes.
Both parties agree to make reasonable efforts to maintain and enrich the book collection. Both
parties also agree to allow all patrons equal access to all library materials, regardless of
jurisdiction or ownership. Neither party shall remove, label or prohibit access to any library
material owned by the other party.
Both parties also agree to staff the Library facility with qualified, competent, professional, and
team oriented employees that will strive to provide excellent customer service, work
cooperatively, and keep the best interests ofthe students and public as their number one priority.
The terms of the proposed renewal agreement expire on June 30, 2006. There are also two (2)
one-year options to renew the agreement, which are to be exercised by June 30th of each year
after 2006. It is staffs expectation that the EastLake Library will remain open to the public after
the construction of the Rancho Del Rey Branch in 2006.
On August 16,2004, the Board of the Sweetwater Union High School will be voting to approve
this renewal.
FISCAL IMPACT:
In FY 2004-05, a budget of $208,144 has been appropriated by the City to operate the EastLake
Library.
'9'- .,¿
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE RENEWAL OF THE
AGREEMENT WITH THE SWEETWATER UNION HIGH
SCHOOL DISTRICT FOR THE JOINT USE OF THE LIBRARY
FACILITY AT EASTLAKE LIBRARY
WHEREAS, in August 1993, the City and Sweetwater Union High School District entered
into a three-year agreement to jointly provide library service at Eastlake High School; and
WHEREAS, in June 1999, the agreement was renewed for a third three-year period; and
WHEREAS, the renewal agreement continues on the same basic premises as the previous
agreements; and
WHEREAS, the Eastlake Library has remained open to the public while the new agreement
was being negotiated; and
WHEREAS, both parties agree to make reasonable efforts to maintain and enrich the book
collection; and
WHEREAS, both parties also agree to allow all patrons equal access to all library materials,
regardless of jurisdiction or ownership; and
WHEREAS, neither party shall remove, label or prohibit access to any library material owned
by the other party; and
WHEREAS, both parties further agree to staff the Library facility with qualified, competent,
professional, and team oriented employees that will strive to provide excellent customer service,
work cooperatively, and keep the best interests of the students and public as their number one
priority; and
WHEREAS, the terms of the renewal agreement expire on June 30, 2006 with two (2) one-
year options to renew the agreement, which are to exercised by June 30th of each year beginning in
2006; and
WHEREAS, on August 16,2004, the Board of the Sweetwater Union High School District
voted to approve the renewal agreement; and
WHEREAS, in FY2004-05, a budget of $208,144 has been appropriated by the City to
operate the Eastlake Library in accordance with the terms of the renewal agreement.
Ä -3
- - - _n ~~ ~ _.____.__..______~__.~_________.___.___...__
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Chula Vista
hereby approves the renewal of the agreement with the Sweetwater Union High School District for
the joint use of the Library Facility at Eastlake Library for a two-year period ending June 30, 2006,
with two (2) one-year options to renew, a copy of which shall be kept on file in the office ofthe City
Clerk.
Presented by Approved as to form by
vL p¡J~
David Palmer
Assistant City Manager
J:lAttorneylReso\Joint Use Eastlake Library
"-/ if
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Jtl1¿L/_A
City Attorney
Dated: Y/I?l/ö1
.
(Renewal) Joint Use Agreement with the
Sweetwater Union High School District
(Eastlake High School)
~S
--..-....,.--,..-. --_.._._--_._,...~._-~--_.~._---_.._-"
Attachment "A"
Joint Use Agreement
Between the
City of Chula Vista
and the
Sweetwater Union High School District
for the Facilities Located at
EastLake High School
I Parties
This AGREEMENT, is made and entered into and effective as of the date last executed
by the parties ("Effective Date") by and between the City of Chula Vista, a chartered municipal
corporation of the State of California ("City"), and the Sweetwater Union High School District
("District"), a political subdivision of the State of California. The date last executed by the
parties is the Effective Date. This agreement is made with reference to the following facts:
2 Recitals
2.1 Whereas, Chapter 12 of Part 10 of the Education Code of the State of Califomia,
commencing at Section 17050, of the State of California authorizes a District to enter into a
contract with the county or other appropriate entity having responsibility for the provision of
public library services in which the district is located for the purposes of operating a joint-use
library facility at a school site owned by the District.
2.2 Whereas, the City and District are interested in determining if, through cooperative
efforts, the best library services can be provided with a combined pooling of public resources;
and
2.3 Whereas, a need for library facilities and services exist in the neighborhoods of
eastern Chula Vista which is of concern to both the City and the District; and
2.4 Whereas, the City and the District now seek to define the responsibilities and rights
of the parties conceming the joint use ofthe District's facilities.
3 Definitions
3.1 The District's Facilities
The District currently owns and operates a library building, parking lots and service road
("District Facilities") located at EastLake High School, on EastLake Parkway, in the City of
Chula Vista, County of San Diego, State of California, as diagrammatically presented in Exhibit
A hereto.
Library building includes a library service portion consisting of a reading room, a public
access book and materials collections and a children's library area. Other Service portions
include City Library staff office, storage and delivery areas. A diagram presenting the footprint
of the building with its various portions and identifiable areas is diagrammatically presented in
Exhibit B.
7'-<
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3.2 City Public Library Services Defined
As the term is used herein, "City Public Library Service" shall mean the provision of
books, audio-visual materials, information and programming to all potential users for their
educational, cultural, informational and recreational needs.
3.3 Sponsored Group Defined
As the term is used herein in the context of the City Library sponsoring a group who may
use the District Facilities, a "Sponsored Group" shall mean one or more persons who have been
given written permission by the City to use and conduct an activity at the District Facilities
herein defined owned by the School District pursuant to the license herein granted to the City.
3.4 City Library Hours Defined
City Library Hours shall mean those times the City reserves for public library service
which are the hours beginning no earlier than 3:30 p.m. Monday through Thursday and
extending no later than 9:00 p.m., and the hours from 9:00 a.m. to 6 p.m. on Saturday and 1 :00 to
5:00 p.m. on Sunday. The City shall be provided with access to the building at 3:00 p.m. on
weekdays for purposes of set-up and preparation. If school hours change, the City reserves the
right to alter Library hours to coincide with the end of a school day provided resources are
available and use warrants such a change in City Library hours. The City reserves the option to
discuss provision of public library services during specified school hours. In addition, City and
contractual repair personnel shall have access to the facility during school and public library
hours.
4 Obligatory Provisions
NOW THEREFORE, in consideration of their mutual promises, the parties agree as
follows:
4.1 Right of Use
4.1.1 Grant of License to Use
On the terms and conditions herein specified, subject to the Exceptions herein
permitted, and exclusive of the areas of the School District's Facilities herein specifically
and exclusively reserved to one or the other party ("Reserved Areas"), and upon the cond-
ition that the City Library complies with the terms, conditions and covenants herein
contained, the School District hereby grants to the City, for the Term herein specified, an
exclusive right (according to the terms herein contained) license for the City Library, and
its Library Patrons to enter upon, occupy, use and operate said School District Facilities
("License") during City Library Hours.
.i,. ,->
I
4.1.2 Exceptions
None.
4.1.3 Reserved Areas
4.1.3.1 City Library Staff Office- Storage and Workspace
City Library private office, storage area, and workspace will be provided
in the Library Building. District grants the City the exclusive right to use the
designated office area during school and non-school hours. Staff workspace area
will be communal with designated City and School Library shelving and cabinets
mutually agreed upon.
4.1.3.2 Parking
District will provide designated sufficient and convenient free on-site
parking for City Library staff and patrons. City Library staff may park in any
available space during City Library hours. City Library staff should be notified of
all major events which have the potential to impact parking.
4.1.4 License Inclusions
The License herein granted to the City includes the right to place or
permanently erect materials and equipment necessary for conducting library
service or special event activities at the District Facilities, subject to written ap-
proval, which shall not be unreasonably withheld or unreasonably conditioned, of
the District. Such materials and equipment shall be maintained at the sole risk of
the City placing or erecting them and are subject to removal at the request of the
District upon a determination of the District that the equipment constitutes a threat
to the safety of the District, or the public.
4.2 Term of Agreement
The term of this Agreement shall commence on the Effective Date and expire on June 30,
2006 ("Nominal Term"). "Term" as used herein shall mean the Nominal Term as extended or
contracted by the provisions of section 4.3.
4.2.1 Extensions of Nominal Term
This agreement shall provide two (2) one year options to renew to be exercised by
June 30th of each year beginning in 2006. On the condition that the parties have a valid
grant of license hereunder, the parties agree that each will review and consider, the
advantages and disadvantages of extending the Nominal Term of this agreement.
4.3 Causes for Termination, Removal or Suspension
/ 1/
-'T-}
---....,.-...-...- ____..---T_____~____~_____~_
4.3.1 The following shall be case to suspend or terminate the agreement:
4.3.1.1 Failure of either party to make repairs to their equipment and
Facilities.
4.3.1.2 Destruction of a Facility
4.3.1.3 Loss of Funding by either Party to support the operation of the
Facility
4.3.1.4 Failure of the District to provide a School Campus environment
deemed sufficiently secure in the opinion of both parties.
4.3.1.5 Failure of the District to provide sufficient security, in the opinion
of
the City Library Director, for City owned materials and equipment, as well as the
database records in the City Integrated Online Library System.
4.3.1.6 Failure by either Party to make a good faith effort towards
equivalent
contributions to the book collection.
4.3.1. 7 Failure by either Party to make a good faith effort at maintaining a
cooperative relationship.
4.4 Access to a Facility
4.4.1 Access to District Facilities
4.4.1.1 Access during City Library Hours
Absent written agreement to the contrary as to specific times and
circumstances, the License herein granted to the City to use the District Facilities
and designated parking area of the District shall, during City Library Hours, have
preference over competing District-proposed uses.
4.4.1.2 Access during non-City Library Hours
Absent written agreement to the contrary, the License herein granted to the
City to use the Facilities of the District shall, during non City Library Hours, not
have preference over actual competing District uses, except as stated in 4.4.1.1
and for access to public exterior book drop, City Library office work areas and
delivery area.
,¿./- 9
"
4.5 Provision and utilization of materials and equipment and facilities
The City and District may, subject to mutual agreement between the City and
District librarians, place or erect materials and equipment necessary for conducting
events and/or activities on the Facilities. Such materials and equipment shall be
maintained at the sole risk of the party placing or erecting them and are subject to
immediate removal at the request of either party.
4.5.1 Both parties will supply furniture and equipment as specified in this section.
4.5.1.1 Equipment provided by the District.
For public librarian's office furniture to include:
desk
computer workstation
4-drawer file cabinet
I chair
For Library area furniture and equipment to include:
-9 or more public access computer workstations with 3 or more
networked printers and printer supplies
-I adjustable table for children's area
-3M compatible security system theft detection exit
-"Book Check" exit to re-sensitize and a brick to desensitize books
-Copier
-1 book truck
-Bulletin board for public library staff use
-3 phone lines and instruments available for joint
-Table or other suitable furniture for OP AC
-Book collection suitable for high school use
-I display case and key for public library use
-Fine mesh insect screen on door vents in electrical!
telecommunications room
4.5.1.2 Equipment provided by the City
Integrated Online Library System and hardware to include:
6 public access catalog workstations with networked printer
3 circulation workstations with printer
Printer in public library office and related printer supplies
2 bar code readers
FAX machine
Exterior book drops
Display racks for Public Library pamphlets and handouts
Cash register
Periodical indices and full text in electronic format
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Chairs for children's area
Conference table and chairs and lockers for Public Librarian's
office
Books and materials collection
4.5.2 Placement of book and audio visual collections, equipment and service
areas
4.5.2.1 Both parties agree to the current layout. Any changes will be
negotiated and agreed to by both parties. This layout includes separate children's,
browsing, paperback, periodical and new book areas.
4.5.2.2 District and City Library book collections will be interfiled by
classification.
4.5.3 Wiring
4.5.3.1 Integrated Online Library System
District has responsibility for installation, testing and maintenance of
intemal data lines and electrical wiring for terminals and computers at all points
to be connected to the DTC or Patch Panel in the electrical telecommunications
room and thereby data circuit to the Chula Vista Public Library.
4.5.3.2 The District shall ensure that Category 5 cabling be used for all
new data line installations. Cabling shall be certified to operate at a speed of 10
mbps.
4.5.3.3 District will provide all cable and connectors and patch panels
including Category 5 twisted pair cable, and twisted pair to DB9/DB25
converters. The District shall install Category 5 cabling to support the 10
networked PC's provided by the City. The cabling shall run to a central patch
panel where the City will house its hub, router, DSU and fram relay connection.
Category 5 cabling has a 100 meter length restriction, which may dictate that the
patch panel and telecommunications equipment be housed some place other than
the electrical/telecommunications room. The District shall advise the library if
length restrictions are an issue. The District shall provide 20 patch panel cables to
establish connections from the PC's to the LAN jacks and the patch panel on the
hub by August 15, 1999.
4.5.3.4 City will provide and maintain the system router, DSU/CSU, Patch
Panel, hub and file server needed to connect to computer equipment at Chula
Vista Library locations.
4.5.3.5 City has the responsibility for telecommunication data lines to
maintain this Wide Area Network connectivity.
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4.5.4 Telephones
4.5.4.1 District has responsibility for installation and maintenance as well
as for ongoing operating costs of all phone lines between school district staff and
Pacific Bell and for provision of the telephone instruments, with the exception of
the FAX machine supplied by the City. The City will maintain the FAX machine
and be responsible for line charges for the FAX machine.
4.5.4.2 Telephone lines and instruments are provided and installed by the
District at the following locations. Each telephone instrument accommodates the
number of lines specified for each location.
4.5.4.2.1 Circulation Desk
Four lines are installed at the Circulation Desk. Two telephones
each accommodate all four of the phone lines. The four lines are
composed of two school lines and two City library lines. The telephone
number for the second City library line is published to the public.
The fifth line is installed at the City Librarian's Office for a FAX
machine. The City provides the FAX machine.
4.5.4.2.2 Librarians' Offices
A telephone instrument with both of the school lines from the
Circulation Desk is placed in the School Librarian's office. A telephone
instrument with the first public library line from the Circulation Desk is
placed in the City Librarian's office. The second City library line from the
Circulation Desk is installed in the City librarian's office on the same
telephone instrument. One telephone line in the City Librarian's office is
provided with long distance access.
4.5.4.3 Wiring for New Technology
When additional wiring or phone lines are are required to accommodate
new
technology, details will be negotiated by both parties.
4.5.5. Signs
4.5.5.1 District will provide and maintain signage in a manner satisfactory
to the City. Existing permanent interior signage, banners, pennants, flags, posters,
and signs in the public service area of the library building should not be changed
without mutual agreement between the District and the City.
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4.5.5.2 Temporary Interior Signs
Temporary banners, pennants, flags, posters, signs in public services areas
of the Library Building must be posted within pre-designated areas for each
respective party. The District and the City libraries are solely responsible for
approval of posting in their own pre-designated areas.
4.5.5.3 Permanent Exterior Signage
Exterior of Library Building will be labeled "Library" in block letters in a
prominent location near the main entrance ofthe building.
4.5.5.4 Day/Hours Signs
City will permanently post a public library day and hours sign clearly
visible at the main entrance to the Library Building.
4.5.5.5 Exterior Directional Signs
The District will provide directional signage to the Library Building from
the campus entrance at EastLake Parkway and from all parking lots. City to
provide and District to install removable exterior sign hardware near the main
campus entrance.
4.5.6 Event of Termination
In the event of termination of this agreement, City owned books and
equipment will be removed and returned to the City at City expense within 90
days after contract is terminated.
4.6 Use Limitations
It is expressly agreed that the Facilities licensed hereunder are to be used, and shall be
used, for the purposes of providing library services and for such other related or incidental
purposes as may first be approved in writing by the chief executive officer of the District, and for
no other purpose whatsoever. The City shall not use the District's Facilities for any other
purpose ("Use Duty").
4.6.1 Specific Violations of Use Duty
Without limitation as to other possible violations of the Use Duty, the City shall
specifically not permit the following uses by themselves or their Sponsored Groups:
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4.6.1.1 Political Activities
The City shall not use and shall not permit or tolerate the use of a District
Facility for campaigning or otherwise working for the nomination or election of
any individual to any public office, partisan or nonpartisan, or for any ballot
measure, including any initiative, referendum, or advisory vote, except with the
advance written permission of the District.
4.6.1.2 Regular Church Services
The City shall not use and shall not permit the use of a District's Facility
for regular church or religious services.
4.6.1.3 Alcohol and Drugs
The City shall not allow alcohol or illegal drugs to be sold, used or
consumed in, on or about a District Facility. The City shall not permit or allow
any portion of a District Facility to be rented or utilized by any Sponsored Group
that intends to provide or permit alcoholic beverages at an event or meeting. Each
Party shall make these facts known, in writing and through oral communications,
to all staff members and users at a District's Facility.
4.7 Planning and Scheduling Meetings
4.7.1 Duty to Hold Planning and Scheduling Meetings
The EastLake City and School Librarians shall meet weekly for planning and
scheduling purposes and monthly with the EastLake High School Principal.
4.7.2 Duty to Permit Other Group Use
Both parties may permit other group use in the library during their respective
operating hours without obtaining a District Facility user's permit.
4.7.3 Programs
City reserves the exclusive right to conduct Library programs such as story hours
on the Library premises during City Library operating hours.
4.8 Duty to Supervise
The City shall be responsible for any damage occurring during the City's use of the
premises
or by groups using the facility with the City's permission. The District shall be responsible for
any damage occurring during the District's use of the premises or by groups using the facility
with the permission ofthe District.
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4.9 Operation Expense, Maintenance and Repair
Except as herein provided, the District agrees to operate, maintain and repair, at its
expense,
the Facilities in its condition as it exists upon completion of construction of such Facilities, or a
functional equivalent of their condition as it exists upon completion of construction, normal wear
and tear excepted.
City agrees to maintain computer hardware as well as furnishings provided by the City.
District will allow access to the Library by City Staff and Authorized Repairmen.
4.9.1 Major Repairs
To the extent that a Major Repair to the Facility is required, the District shall
diligently attempt, in good faith to secure the repair of the Facility by estimating the cost
of repair, budgeting funds for same, designing the repair, and implementing the design,
all of which shall be done to the extent that funds are available to do so.
4.9.2 Identifiable Damage
Notwithstanding the foregoing, if a City library staff member or patron or any
one of its Sponsored Groups, or one of their members, guests or attendees, has caused
damage to the interior of the designated library area of the building during City Library
Hours or the City library staff office, regardless of negligence the City shall pay for the
repair of same.
4.9.3 Fee Waiver
The District shall make their respective Facilities available to the City, or a
Sponsored Group of the City, free of charge unless a fee is charged to the users or
attendees at such event or activity. If such a fee is charged, unless the parties otherwise
agree the District may impose a charge on the City for the use of the Facility, but not on a
basis different from the rate at which the City charges the users or attendees, or in an
amount in excess of the fee charged by the City. All groups, free or charged, must file a
District Facilities User Permit prior to use.
4.10. Facility Modification or Removal Rights
Except with the written consent of the other party to this Agreement, granted by written
resolution of the governing board of said party, no Facility shall be modified or removed from
service.
4.11 Operational Matters
4.11.1 Policy and Procedure Training
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4.11.1.1 The City Library shall cause and train its employees to comply
with procedures in a manual ("Procedures Manual") prepared by the District for
the use of a District's Facility regarding utility turn-offs, alarm responses, locking
up/closing, key distribution, facility damage (including graffiti reporting).
4.11.1.2 City Library Staff will conduct training on the integrated online
library system to District Library key staff and provide written documentation for
procedures.
4.11.1.3 City staff will provide written policies for circulation procedures.
4.11.2 Key Distribution
The District must provide a Library Building Grand Master key for Senior
Librarian.
Exterior door keys must be provided for Library Administration, Delivery Driver,
Brach Manager, Librarian I, and Circulation Assistant. The District must also
provide keys to any gates needed to access the campus.
4.11.3 Library Automation
4.11.3.1 The Integrated Online Library System and all bibliographical
item and patron records are the property of the City. However, in the event that
this agreement terminates, the City shall provide a machine readable version of
the school libraries bibliography and item records. The cost, if any, to produce
such records will be equally shared by the District and the City.
4.11.3.2 City will provide access to Integrated Online Library System
circulation, OP AC and database maintenance functions in accordance with City
Library procedures.
4.11.3 .3 City staff will cooperate with school to provide special
computer-generated reports as requested and resources available.
4.11.3.4 District shall insure users respect integrity of electronic databases
provided by the City, including online subscription services during the school
day.
4.11.3.5 District staff agrees to follow City Library procedures in the use
of the system and provide information to the City Library staff to maintain the
patron item database for currency and accuracy.
4.11.3.6 District agrees to follow City Library conditions regarding
security of the integrated online library system and access to the system. District
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agrees to provide adequate adult supervision of student library assistants to ensure
this security.
4.11.3.7 District agrees to comply with State and Federal legislation
regarding the provisions and use of Internet services in schools. City agrees to
comply with State and Federal legislation regarding the provision and use of
Internet services in libraries.
4.11.3.8 Reasonable and ordinary maintenance and repair of City owned
equipment will be the responsibility of the City. District will be responsible for
damage to integrated online library system computer equipment due to gross
negligence and vandalism during school operating hours.
4.11.3.9 City staff will be responsible for the functioning and maintenance
of the integrated online library system. Questions and maintenance problems will
be addressed to City Library staff.
4.11.3.10 District shall be responsible for the functioning and
maintenance of District's PC's in the library, including during intercession and
school holiday periods.
4.11.4 Circulation Procedures
4.11.4.1 District must use City integrated online library system to
checkout and checkin items in the Library collection.
4.11.4.2 District will comply with circulation policies regarding
registration, loan periods, limits, restricting delinquent patrons, overdue notices
established by the City.
4.11.4.3 District agrees to fmes and fees policy in effect at City. These
fines and fees are part of the City's master fee schedule.
4.11.4.4 Each party will retain fines and fees collected during their
respective hours of operation.
4.11.4.5 Money collected for lost books will be retained by party that
collects the money. Both parties will issue and retain receipts for lost books
regardless of ownership.
4.11.4.6 Any changes in circulation policy will be negotiated, but changes
may not contradict a City policy.
4.11.4.7 Both parties agree to allow equal access and use to all patrons
regardless of jurisdiction to all items in the collection at the EastLake Library
regardless of ownership. School text books and media materials are excepted.
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4.11.4.8 City Library staff will provide delivery service between library at
EastLake High School and other City library outlets daily Monday through
Friday. The District will provide accessible site for deliveries.
4.11.4.9 City staff will supply overdue notices and reports directly to the
school in accord with regular City Library schedule. District will deliver overdue
notices to its students.
4.11.4.1 0 City staff will cooperate with school to provide special
computer generated reports and notices as requested and resources are available.
4.11.4.11 District may withhold EastLake High School student grades and
transcripts for students with delinquent EastLake Library books only. City will
provide District with a listing of these delinquencies in a timely manner.
4.11.4.12 Library patrons (students and City Library) may request inter-
branch transfers from other City libraries.
4.11.4.13 District staff will deal with student patron issues and parent-
student concerns regarding Library materials and their use.
4.11.4.14 All registration and circulation records in the integrated online
library system are the property of the City. A printed and/or electronic copy of
those registration and circulation records pertinent to EastLake High School
students and staff will be provided to the District when this agreement is
terminated.
4.11.4.15 All registration and circulation records shall remain confidential
and shall not be disclosed to any person, local agency, or State agency except as
follows:
a. By the City Library Director or his/her designee acting within the
scope of his or her duties within the administration of the library.
b. By a person authorized, in writing, by the individual to whom the
records pertain.
c. By order ofthe appropriate superior court.
The District shall insure that this confidentiality is maintained.
4.11.4.16 Shelving. The responsibility of reshelving books and other
library materials is shared between the District and the City. The District agrees
to provide adequate supervision of student library assistants to ensure accuracy of
their shelving work.
4.11.5 Collection Development and Cataloging
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4.11.5.1 Both parties will agree to support their areas of responsibility in
ongoing collection development and make reasonable fiscal commitment annually
to build and maintain the book collection, including removing outdated materials
on a regular, on-going basis.
4.11.5.2 Both parties will coordinate the selection process to avoid
unnecessary duplicates or gaps.
4.11.5.3 City agrees to provide "J" (Juvenile) classed materials collection
which will ultimately constitute 25% of the book capacity.
4.11.5.4 Both parties will use the Dewey Decimal system to classify the
book collection.
4.11.5.5 District agrees to those collection designations (e.g., Spanish,
Mystery, Picture Books) currently in use at the City Library. Any changes will
be negotiated by both parties.
4.11.5.6 District agrees to designate EastLake High School materials by
the collection codes in the integrated online library system.
4.11.5.7 City will provide bibliographic and item records according to
City specifications for library books and materials supplied by the District.
4.11.5.8 The City will provide physical processing of all library materials
supplied by the District according to procedures agreed in planning sessions.
4.11.5.9 District will maintain their portion of the database per procedures
determined by the City Library.
4.11.5.10 District will inform City Library of any necessary maintenance
needed for bibliographic data and item level data for City Library items.
4.11.6 Intellectual Freedom
4.11.6.1 The City Library subscribes to the American Library
Association's Library Bill of Rights and Freedom to Read Statement.
4.11.6.2 Neither party shall remove, label, or prohibit access to any book,
periodical, audio visual material, microfilm and/or public use computer and CD
ROM software owned by the other party.
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4.11. 7 Hazardous Materials
If a party knows, or has reasonable cause to believe, that any hazardous substance
has been released on or beneath the premises on which any Facility is located or
proximate to, that party shall give written notice to the chief executive officer of the
Board of the other party within ten (10) days ofreceipt of such knowledge or cause for
belief. Provided however, if a party knows, or has reasonable cause to believe that such
substance is an imminent and substantial danger to public health and safety, said party
shall notify the chief executive officer immediately upon receipt of this knowledge or
belief and shall take all actions necessary to alleviate such danger. A party shall notify
the other party immediately of any notice of violation received or initiation of
environmental actions or suits, publicly or privately brought, relative to the premises. In
addition, neither party shall utilize or sell any hazardous substance on the property
without the prior written consent of the other, except for normal cleaning, construction or
other similar types of supplies.
4.11.8 Standard of Employees
The District and the City agree to staff the Library facility with qualified,
competent, professional, and team oriented employees that will strive to provide excellent
customer service, work cooperatively, and keep the best interests of the students and
public as their number-one priority. Additionally, the District and the City are committed
to provide a safe and positive work environment, and will be responsible for handling
personnel issues in a timely and professional manner while acknowledging employee
representation, and compliance with federal, state and agency laws, policies and
procedures.
4.11.9 Staffing
The City shall provide sufficient staffing of events and programs to be held or
conducted at a District Facility.
4.11.10 Campus Security and Alarm System
4.11.1 0.1 District is responsible for campus security and for the provision
of
a 24-hour monitored security system.
4.11.10.2 The District is responsible for intrusion alarm system.
4.11.1 0.3 The District will secure portion of building which is unused
during
City Library operating hours.
4.11.11 Normal Cleanup Maintenance
Both parties shall leave shared work areas clean and free of clutter at the end of
their respective workday. The District shall provide custodial services in the Library
building at times mutually agreed upon by the District and the City. The
electrical/telecommunication room shall be cleaned weekly to remove dirt, bugs,
cobwebs, etc.
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4.12 Liability for Damage--Property and Personal Injury
Except as to any liability and duties imposed upon or accepted by District under Section
4.13, City and District agree to defend, indemnify and hold harmless each other against any and
all claims asserted or liability established for damages or injuries, including death, to any person
or property, including an officer, agent or employee of one of the parties, which arise from or are
connected with or are caused or claimed to be caused by the negligent acts or omissions of: (a)
the District during District's use of the facilities, or, (b) the City (or a sponsored group defined in
Section 3.3) during City's use of the facilities, in carrying out the terms of this agreement;
provided, however, that no duty to indemnify or hold harmless one party shall arise or exist
regarding the established sole negligence or willful misconduct of that party.
4.13 Liability for Maintenance or Repair
The City agrees with respect to the design, construction, maintenance or repair of the
facility,
except as to the City's duty to maintain or repair pursuant to Section 4.9, that District will
indemnify, protect and hold harmless the City, its officers, agents and employees from and
against all claims asserted and liability established for damages or injury, including death, to any
person or property which arise from or are claimed to be caused by the acts or omissions of the
District, in connection with maintenance or repair of the District Facilities during any authorized
City use, use by a sponsored group defined in Section 3.3, or any other permitted use by the
general public ofthe District Facilities.
5 Rights Expressly Reserved by the Parties
5.1 Related Council Actions
By the granting of this license, neither party is obligating itselfto any other governmental
agent, board, commission, or agency with regard to any other discretionary action relating to
development or operation of a Facility. Discretionary action includes, but is not limited to
rezoning, variances, environmental clearances or any other governmental agency approvals
which may be required for the development and operation of the Facility.
5.2 No Liability for Lack of Quiet Enjoyment
A degree of reasonableness governing on-site activities should prevail and every attempt
to achieve mutually satisfactory solutions will be made by both parties through adequate
communications, advance preparation and other measures to lessen the impact of on-site
activities on optimal library use.
5.3 Eminent Domain
Nothing herein shall be construed as an abandonment of a party's right of eminent
domain.
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6 Remedies for Breach
6.1 Default in Performance
If a party shall default in the performance of any covenant or condition required by this
Agreement to be performed by such party, then the other party may give the breaching party
written notice citing such default and demand the breaching party or any person claiming rights
through breaching party to correct such default noticed, and upon giving such notice, the
breaching party shall correct such default as soon as practicable, but in no event, later than 30
days. Failure of breaching party to correct default shall not result in termination of the License
which is the subject matter of this Agreement, but may be the basis for an injunctive order, writ
of mandate, or other equitable action.
6.2 Waiver
Any waiver of a default by either party is not a waiver of any other default. Any waiver
of a default must be in writing and be executed by the chief executive officer of the party in
order to constitute a valid and binding waiver. Delay or failure to exercise a remedy or right is
not a waiver of that or any other remedy or right under this lease. The use of one remedy or right
for any default does not waive the use of another remedy or right for the same default or for
another or later default.
6.3 Miscellaneous
6.3.1 Construction Against Draftsman
This agreement has been fully negotiated by all parties, and no construction or
interpretation is to be made hereof on the basis of draftsmanship of the document.
6.3.2 Time is of Essence; Provisions Binding on Successors
Time is of the essence of all of the terms, covenants and conditions of this lease
and, except as otherwise provided herein, all of the terms, covenants and conditions of
this lease shall apply to, benefit and bind the successors and assigns of the respective
parties, jointly and individually.
6.3.3 Assignment and Subletting
Except as herein provided, neither party shall assign this license, or any interest
therein, and shall not sublicense the real property or any part thereof, or any right or
privilege appurtenant thereto, or suffer any other person, except employees, agents,
guests and permittee of the party, to use or occupy the real property or any part thereof,
without the prior written consent of the other party in each instance. A consent to
assignment, subletting, occupation or use by any other person shall not be deemed to be a
consent to any subsequent assignment, subletting, occupation or use by another person.
Any such assignment or subletting without such consent shall be void.
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The license granted by this Agreement is personal to the grantee.
6.3.4 Encumbrance
Neither party may encumber this license, its leasehold estate and its
improvements thereon by deed of trust, mortgage, chattel mortgage or other security
instrument during the terms hereof.
6.3.5 No Inverse Condemnation
The exercise of any right under this lease shall not be interpreted as an exercise of
the power of eminent domain and shall not impose any liability upon either party for
inverse condemnation.
6.3.6 Notices
All notices and demands shall be given in writing by personal delivery or first-
class mail, postage prepaid. Notices shall be addressed as appears below for the
respective Party; provided that, if any Party gives notice of a change of name or address,
notices shall be appropriately modified to reflect such changes. Notices shall be deemed
received seventy-two (72) hours after deposit in the United States mail.
Notice to the District:
Sweetwater Union High School District
Superintendent
1130 Fifth Avenue
Chula Vista, CA 91911
Notice to the City:
City ofChula Vista
City Manager
276 Fourth Avenue
Chula Vista, CA 91910
6.3.7 Compliance with Law
Both parties shall at all times in the maintenance, occupancy, and operation of a
Facility, and in the provision of service, comply with all applicable laws, statutes,
ordinances, and regulations of City, County, State, and Federal Governments, at that
party's sole cost and expense. In addition, both parties shall comply with any and all
notices issued by the other party under the authority of any such law, statute, ordinance,
or regulation.
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6.3.8 City Approval
The approval or consent of City, wherever required in this license, shall mean the
written approval or consent of the City Manager unless otherwise specified, without need
for further resolution by the City Council.
6.3.9 Partial Invalidity
If any term, covenant, condition, or provision of this license is found invalid,
void, or unenforceable by a court of competent jurisdiction, the remaining provisions will
remain in full force and effect.
6.3.1 0 Captions
The section headings, and captions for various articles and paragraphs shall not be
held to define, limit, augment, or describe the scope, content, or intent of any or all parts
of this lease. The numbers of the paragraphs and pages of this lease may not be
consecutive. Such lack of consecutive numbers is intentional and shall have no effect on
the enforceability of this lease.
6.3.11 Entire Understanding
This license contains the entire understanding of the parties. Both parties, by
signing this agreement, agree that there are no other written or oral understanding
between the parties with respect to the licensed premises. Each party has relied on its
own examination of the premises, advice from its own attorneys, and the warranties,
representations, and covenants of the lease itself. Each of the parties in this license
agrees that no other party, agent, or attorney of any other party has made any promise,
representation, or warranty whatsoever which is not contained in this lease.
The failure or refusal of any party to read the license or other documents, inspect
the premises, and obtain legal or other advice relevant to this transaction constitutes a
waiver of any objection, contention, or claim that might have been based on these
actions. No modification, amendment, or alteration of this lease will be valid unless it is
in writing and signed by all parties.
6.3.12 City Employee Participation Policy
It is the policy of City that all City contracts, agreements or leases with
consultants, vendors or clubs shall include a condition that the contract, agreement or
lease may be unilaterally and immediately terminated by City if the contractor or District
employs an individual who within the twelve months inunediately preceding such
employment did in hislher capacity as a City officer or employee participate in
negotiations with or otherwise have an influence on the recommendation made to the
City Council in connection with the selection of the contractor.
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6.3.13 Disputes
Any dispute involving this Agreement may be submitted in writing to the City's
Library Director or his/her designee and to the District's Director of Operations and the
District's High School Principal. The Parties, in good faith, shall attempt to resolve said
dispute before mediation may be sought by either Party.
6.3.14 Mediation
If a dispute remains unresolved after direct negotiations pursuant to Paragraph
6.3.20, above, the parties agree to submit the dispute to non-binding mediation before a
mutually acceptable third-party mediator. The parties shall endeavor to select a mediator
who is a retired judge or an attorney with at least five (5) years of experience in
mediating disputes among public entities. The party initiating mediation of a disputed
issue, provision, clause or obligation under this Agreement shall provide written notice to
the other party of its decision to mediate. In the event the parties are unable to agree
upon a mediator within Sixty (60) Days after the receipt of such written notice, or to
reach other agreements, then the parties agree to submit the matter to the Superior Court
of the County of San Diego for selection of a mediator as provided herein.
6.3.14.1 Mediation Process
6.3.14.1.1 The location of the mediation shall be at the offices of
District or the City, or otherwise mutually agreed. The
costs of mediation shall be shared equally between the
parties. All discussions that occur during the mediation
and all document presentations prepared solely for the
purpose of the mediation shall be confidential and
privileged pursuant to California Evidence Code
Sections 1119 and 1152.
6.3.14.2 Non-waiver
6.3.14.2.1 Participation in the mediation process provided for
herein, or any other negotiations, shall not constitute a
waiver, release or compromise of any defense of either
party.
6.3 .14.3 Unresolved Disputes
6.3.14.3.1 Disputes that do not get resolved after the completion
and submission of the disputed issues through the dispute
resolution process set forth in Sections 6.3.20 and 6.3.21 of this
Agreement may be resolved through courts of the State of
California in the County of San Diego. Completion of the process
. -
1~"r;{ j
set forth herein is a prerequisite to filing suit and a contractual
requirement.
6.3.15 Amendment
This Agreement may only be amended by the written consent of all the Parties at
the time of such amendment.
6.3.16 Exhibits
All exhibits to which reference is made are deemed incorporated in this
Agreement, whether or not actually attached.
6.3.17 Further Assurances
Each Party hereto agrees to perform any further acts and to execute and deliver
any further documents which may be reasonably necessary to carry out the provisions of
this Agreement.
6.3.18 Governing Law
This Agreement has been executed in and shall be governed by the laws of the
State of California.
6.3.19 Headings and Interpretation
This Agreement shall be construed as a whole and in accordance with its fair
meaning. Captions and headings are for convenience and shall not be used in construing
meanmg.
6.3.20 Counterparts
The Agreement may be executed in one or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same
instrument.
6.3.21 Authority
The City and the District represent that the individuals signing this Agreement
have full right and authority to bind their respective Parties to this Agreement.
6.3.22 No Strict Construction
This Agreement shall not be strictly construed against any Party hereto.
.of; )'
~-I.;(~
.__._----_.~-_."--""--
6.3.23 Nothing herein gives rise to a recordable interest in real property to either
party. No party shall cause or permit this Agreement to be recorded with the Recorder's
Office.
(End of page. Next Page is signature Page.)
4'~~7
,
Signature Page
IN WITNESS HEREOF, the City and the District have executed this Agreement thereby
indicating they have read and understood the same, and indicate their full and complete consent to its
terms:
Dated: ,2004
City of Chula Vista
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:-ÞtLlZ5' {q I ,2004
Sweetwater Union High
School istrict
by:
Pearl Quiñon , resident
Board of Trust s . .
by M¡L/(
Dr. Ed. Brand
District Superintendent
Contract
August 19, 2004 Page 24
L/,~c¿
- __.........._u._.__··____.___..._".______._~_.__~._.~.--.-1------....----..-----
COUNCIL AGENDA STATEMENT
Item S
Meeting Date 8/24/04
ITEM TITLE: Resolution Approving the Final Map of San Miguel Ranch
Neighborhood "Boo, Chula Vista Tract No. 99-04; approving the associated
Subdivision Improvement Agreement for the completion of the
improvements required by said Subdivision and approving the associated
Supplemental Subdivision Improvement Agreement, requiring Developer
to comply with certain unfulfilled conditions of the Tentative Map.
SUBMITTED BY: Director of GeG"'!.1 Services/City Engineer 6k
REVIEWED BY: City Manager.~ r-/ (4/Sths Vote: Yes _ No X )
On August 7, 2001 by Resolution No. 2001-259, Council approved San Miguel Ranch Phases I,
2 & 4 "A" Map No.1. The Final Map consists of one lot with a maximum of 195 condominium
units. Tonight, City Council will now consider the approval of the final map for Planning Area
"BOO within San Miguel Ranch. The developer is William Lyon Homes.
RECOMMENDATION: That Council adopt the resolution.
BOARDS AND COMMISSIONS: Not applicable.
DISCUSSION:
San Miguel Ranch Neighborhood "B" is a 10.236-acre project generally located south Mount
Miguel Road and east of the SRl25 (see Attachment I). The Tentative Map was approved
February 29, 2000 (Resolution No. 2000-068). An Amendment to the Tentative Map was
approved December 17, 2001 (Resolution No. 2001-453). The Final Map has been reviewed by
staff and found to be in substantial conformance with the approved Tentative Map. The
developer, San Miguel Village, LLC, has paid all applicable fees and the building permits will be
monitored in accordance with the Agreement for Monitoring Building Permits dated April 15,
2003 and approved by Resolution No. 2003-166.
Associated Agreements: In addition to Final Map approval, staff recommends that Council
approve the following agreements associated with the project:
1. Subdivision Improvement Agreement: Requires the Developer to complete the
improvements required by said Subdivision. Security bonds have been provided,
guaranteeing the completion of all improvements and monumentation required by the
Municipal Code.
2. Supplemental Subdivision Improvement Agreement: Addresses several unfulfilled
conditions of the Tentative Map approved by Resolution No. 2000-068 and the
Amendment to the Tentative Map approved by Resolution No. 2001-453. These
conditions will remain in effect until completed by the developer and/or their
successors( s) in interest.
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Page 2, Item '5
Meeting Date 8/24/04
The above agreements have been reviewed by staff, and approved as to form by the City
Attorney.
FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees
and other costs associated with the proposed Final Map and agreements.
Attachments:
Attachment I: Plat of Neighborhood "B", Chula Vista Tract No. 99·04
Attachment 2: Developer's Disclosure Statement
Exhibit A: Subdivision Improvement Agreement
Exhibit B: Supplemental Subdivision Improvement Agreement
TA File No. SM-19F
J:\Engineer\LANDDEV\Projects\San Miguel Ranch\Neighborhood B\AI 13 - Draftl.doc
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City of Chula Vista Disclosure Statement ATTACHMENT Z,
Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City ofChula Vista election must
be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
San Miguel Village, LLC
2. If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
Willi~m Lynn Hnmp~. Tnc.
IHP Investment Fund III, L. P.
3. If any person' identified pursuant to (I) above is a non-profit organization or trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
N/A
4. Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
Eric R.Beck - WLH Lundstrom & Associates
John Vance - WLH Howard Associates
P. J. Dick - WLH PSI, Inc.
5. Has any person' associated with this contract had any financial dealings with an official" of the City
of Chula Vista as it relates to this contract within the past 12 months? Yes_ No-..1L.
!)- '-/
_ __M"__ .___.....__.. -- -.---..---'.--~.~--'-.-...-----~-~-~-
If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No _ Yes.x... If yes, which Council member?
p;:¡ rrJ.T f);:¡'U; c::
7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of
Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a
legal debt, gift, loan, etc.) Yes _ No ~
If Yes, which official** and what was the nature of item provided.
Date: August 5, 2004 &~
Signature of Contractor/Applicant -....
Eric R. Beck
Print or type name of Contractor/Applicant
* Person is defined as: any individual, finn, co-partnership, joint venture, association, social club,
fraternal organization, cOlporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as a
unit.
** Official includes, but is not linUred to: Mayor, Council member, Planning Conunissioner, Member of a
board, commission, or committee of the City, employee, or staff members.
RESOLUTION NO. 2004-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF SAN MIGUEL RANCH NEIGHBORHOOD "B",
CHULA VISTA TRACT NO. 99-04 ; APPROVING THE ASSOCIATED
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF THE
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND APPROVING THE
ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT,
REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED
CONDITIONS OF THE TENTATIVE MAP.
WHEREAS, the developers, the San Miguel Village, LLC, has submitted a final map for
San Miguel Ranch Neighborhood "B"; and,
WHEREAS, the developers have executed a Subdivision Improvement Agreement to
install public facilities associated with the project; and,
WHEREAS, the developers have executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining Tentative Map conditions approved by City Council Resolution
No. 2000-068 and amended with Resolution No. 2001-453.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that certain map survey entitled Chula Vista Tract 99-04, San Miguel Ranch
Neighborhood "B", and more particularly described as follows:
Being a subdivision of a portion Lot 2 of Chula Vista Tract No. 99-04 San Miguel
Ranch, Phases I, 2 and 4 "A" Map No.1, according to map thereof no 14261,
filed in the office of the San Diego County Recorder on, August 212001, together
with a portion of Lot 37 of Chula Vista Tract No. 99-04, San Miguel Ranch,
Planning Area "E-2", according to map thereof No. 14566, filed in the office of
the San Diego County Recorder on April 4, 2003, both in the City of Chula Vista,
County of San Diego, State of California as shown on City of Chula Vista
Adjustment Plat No. ER-348 filed in the office of the San Diego County recorder
on August 12, 2004.
Area: 10.236 Acres No. of Lots: 1
Numbered Lots: 1 Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that said map and subdivision ofland shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of
Chula Vista the various easements, all as granted on said map within this subdivision, subject to
the conditions set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that those certain easements, as granted thereon and
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Resolution 2004-XXX
Page 2
shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as
herein above stated.
BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit
said map to the Clerk of the Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement for
the completion of improvements in said subdivision, a copy of which shall be kept on file in the
office ofthe City Clerk, is hereby approved.
BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval that will remain in effect and run with
the land for the map, a copy of which is on file in the Office of the City Clerk is hereby
approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
Jack Griffin ~i~&ð4/Jd1
Director of General Services S~7
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
b~7.~
Ann Moore
City Attorney
Dated: August 17, 2004
SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND SAN MIGUEL VILLAGE LLC RELATING TO THE
FINAL MAP FOR THE SUBDMSION KNOWN AS SAN MIGUEL RANCH
NEIGHBORHOOD "B" (CVT 99-04)
5~f
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 and amendment to said tentative map of said subdivision has
heretofore been approved, subject to certain requirements and conditions, as contained in
Resolutions No. 2000-068, and 2001-453, approved on the 29th day of February, 2000, and on
the 17th day of December, 2001 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work have been prepared and submitted to the City
Engineer, as shown for San Miguel Ranch Neighborhood "B" Improvements, and 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 NINETY FIVE THOUSAND FOUR HUNDRED TWENTY ONE
DOLLARS AND NO CENTS ($295,421.00) FOR SAN MIGUEL RANCH NEIGHBORHOOD
"B" IMPROVEMENTS;
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 therefore, 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 or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
-2-
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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 and amendment to said tentative map of said subdivision has
heretofore been approved, subject to certain requirements and conditions, as contained in
Resolutions No. 2000-068, and 2001-453, approved on the 29th day of February, 2000, and on
the 17'h day of December, 2001 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work have been prepared and submitted to the City
Engineer, as shown for San Miguel Ranch Neighborhood "B" Improvements, and 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 NINETY FIVE THOUSAND FOUR HUNDRED TWENTY ONE
DOLLARS AND NO CENTS ($295,421.00) FOR SAN MIGUEL RANCH NEIGHBORHOOD
"B" IMPROVEMENTS;
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 therefore, 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 or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
-2-
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. ...~----- __ - _._..___,__________ __n _ ___..__..__._.___,,_~___________._____
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 Califomia 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 FORTY SEVEN THOUSAND SEVEN HUNDRED TEN DOLLARS AND FIFTY
CENTS ($147,710.50) 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 ONE
HUNDRED FORTY SEVEN THOUSAND SEVEN HUNDRED TEN DOLLARS AND FIFTY
CENTS ($147,710.50) 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 þereof 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 THREE
THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS ($3,750.00) to secure
the installation of monuments, which security is attached hereto, marked Exhibit "c" and made a
part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
-3-
$7-//
'~----_.._.._.._-...--._'--'.__.~-'._-'---'- -.
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 therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the public
improvements constructed pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any 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 adj acent 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
-4-
5~/ Á.J
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 assigrunent 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.
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_...~-~ --. ^ . ~~-_..._~--_. ------_.-....-,----_.~..._.._.._,.._----_.__._.__. ,.
SIGNATURE PAGE ONE OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
SAN MIGUEL RANCH NEIGHBORHOOD "B"
(CVT 99-04)
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
Stephen C. Padilla
Mayor
ATTEST:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
-6-
$.r/¥
SIGNATURE PAGE TWO OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
SAN MIGUEL RANCH NEIGHBORHOOD "B"
DEVELOPERS/OWNERS:
SAN MIGUEL.R .!.ì!CH VILLAGE, LLC,
a Delaware Limited Liability Company
BY:Ø:R~J ___
4;c;-r. 7('.edJUf'-ff
(Attach Notary Acknowledgment)
-7-
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.- _. ..,-.-".-..--....-""..-..-..-..---....-.... ._,',-''''._- --~.~"----
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $ 147,710.50
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $ 147,710.50
Exhibit "c" Improvement Security - Monuments:
Form: Bond
Amount: $ 3,750.00
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.
-8-
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CALIFORNIA ALL· PURPOSE ACKNOWLEDGMENT
State of califor~ D; }
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Cou nty of 1\iL
On ~ç ¿;a;tJ before me, t/:M- cJ~
Date Q.' () fL . _NaTe and Title 0 lcar (e.g., "Jane Doe, Notary Public")
personally appeared ~ I<-< ~
Name{s) ofSigner(s)
ltJ1rersonally known to me
o proved to me on the basis of satisfactory
evidence
r - - - - - - - - - - - - - - - - - - f to be the person~ whose name~ is/.aœ.
ROBIN LYNN WIXOM subscribed to the within instrument and
¡¡; @ Commission '1288296 c acknowledged to me that he/sl!efthey executed
en . .. Notary Public· Collfornla g¡ the same in his/Þ.e.r/their authorized
) . San Diego County I 't ("""'-' d th t b h· '~--I"'-'-
My Comm, Expires Jan. 2Q, 2005 capacl y '''''''7, an a y IS<wo> <"".,,-
. - - . - - . - - - . . - - - - - - - - signature~on the instrument the perso~. or
the entity upon behalf of which the personW
I acted, executed the instrument.
(
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document ~ ~. _ -i-~
Title or Type of Document: ~
Document Date: Number of Pages: i
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: RIGHT THUMBPRINT
. . OF SIGNER
D Individual ~ . .() ~ Top of themb hace
~orporate Officer - litle(s): ~ 1"-'
D Partner - D Limited D General . _ ~(A...
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer Is Representing: ~ ~(F \jl~~ LLG
Q 1997 National Notary Association' 9350 De Solo Ave., P.O. Box 2402' Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Calf Tolf-Free '-800..876-6827
S:/7
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
.:D~ C. hL
Ann Moore
City Attorney
Dated: August 17, 2004
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND SAN MIGUEL VILLAGE
LLC RELATING TO THE FINAL MAP FOR THE SUBDIVISION KNOWN
AS SAN MIGUEL RANCH NEIGHBORHOOD "B" (CVT 99-04)
::;- -/.?
RECORDING REQUEST BY: )
)
City Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
)
No transfer tax is due as this is )
a conveyance to a public agency )
ofless than a fee interest for )
which no cash consideration has )
been paid or received. )
)
)
)
Developer )
)
Above Space for Recorder's Use
SAN MIGUEL RANCH NEIGHBORHOOD "B" FINAL MAP
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Conditions 10, 12, 15, 17,40,57,90,93, 103, 109, 136, 156, 178, 179, and 187)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this
_day of_, 2004, by and between THE CITY OF CHULA VISTA, California ("City" or
"Grantee" for recording purposes only) and San Miguel Village, A Delaware Limited Liability
Company, ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals
constitute a part ofthis Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Attachment "A" attached hereto and incorporated
herein ("Property"). The Property commonly known as Neighborhood "B" of San Miguel Ranch
is within approved Tentative Subdivision Map Chula Vista Tract 99-04, San Miguel Ranch, City
Of Chula Vista, California (Resolution No. 2000-068 on February 29, 2000 and Resolution No.
2001-453, on December 17, 2001, collectively as the "Resolution"). For purposes of this
Agreement the term "Proj ect" shall also mean "Property".
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B. Developer and/or Developer's predecessor in interest has applied for and the City
has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 99-04 San
Miguel Ranch ("Tentative Subdivision Map") for the subdivision of the Property and adjacent land.
C. The City has adopted Resolution No. 2000-068 pursuant to which it has approved
the Tentative Subdivision Map subject to certain conditions as more particularly described in the
Resolution.
D. The City has adopted Resolution No. 2001-259 pursuant to which it has approved
the San Miguel Ranch Phases 1,2, and 4 Supplemental Subdivision Improvement Agreement":
A Map ("Previous Agreement") which touched and concerned the Property.
E. City is willing, on the premises, security, terms and conditions herein contained,
to approve the final map for which Developer has applied as being in substantial conformance
with the Tentative Subdivision Map described in this Agreement. Developer understands that
subsequent final maps may be subject to the same security terms and conditions contained
herein.
F. The following defined terms shall have the meaning set forth herein, unless
otherwise specifically indicated:
a. "Developer" means the person, persons or entity having a legal or an equitable interest
in the property or parts thereof and includes Developer's successors-in-interest and assignors of
any property within the boundaries of the map. This includes San Miguel Village, L.L.C., A
Delaware Limited Liability Company and any and all owners of real property within the
boundaries of the Property, and all signatories to this Agreement.
b. "Guest Builder" means those entities obtaining any interest in the Property or a portion
of the Property, after the final map has been recorded.
c. "PFFP" means the Public Facilities Financing Plan adopted by Resolution No. 19631 on
October 19, 1999 and as may be amended from time to time.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
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1. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shaH 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 Attachment "A" until released by the mutual consent of the parties. For
the purposes of this Agreement the "Developer" shaH also mean "Applicant"
b. Agreement Runs with the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns
and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in
its own right and for the purposes of protecting the interest of the community and other parties
public or private, in whose favor and for whose benefit of such covenants running with the land
have been provided without regard to whether City has been, remained or are owners of any
particular land or interest therein. If such covenants are breached, the City shaH have the right to
exercise aH rights and remedies and to maintain any actions or suits at law or in equity or other
proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of
this agreement and the covenants may be entitled.
C. Developer Release on Guest Builder Assignments. If Developer assigns any portion
of the Project to a Guest Builder, Developer may request to be released from Developer's
obligations under this Agreement, that are expressly assumed by the Guest Builder, provided
Developer obtains the prior written consent of the City to such release. Such assigrunent to the
Guest Builder shaH, however, be subject to this Agreement and the Burden of this Agreement
shall re¡;nain a covenant running with the land. The City shaH not withhold its consent to any
such request for a release so long as the assignee acknowledges that the Burden of the Agreement
runs with the land, assumes the obligations of the Developer under this Agreement, and
demonstrates, to the satisfaction of the City, its ability to perform its obligations under this
Agreement as it relates to the portion of the Project which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any portion of the
Project subject to the Burden of this Agreement, upon request by the Developer or its assignee,
the City shaH release the assignee of the Burden of this Agreement as to such assigned portion if
such portion has complied with the requirements of this Agreement to the satisfaction of the City
and such partial release will not, in the opinion of the City, jeopardize the likelihood that the
remainder of the Burden will not be completed.
e. Release of Individual Lots. Upon the occurrence of any of the foHowing events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) from Developer's obligation under this Agreement:
l. The execution of a purchase agreement for the sale of a residential lot to a
buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association;
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iii. The conveyance of a school site as identified in the SPA Plan to a school
district;
The City shall not withhold its consent to such release so long as the City finds in
good faith that such release will not jeopardize the City's assurance that the obligations set forth
in this Agreement will be performed. At the request of the Developer, the City Manager (or
Manager's designee) shall execute an instrument drafted by Developer in a recordable form
acceptable to the City Manager (or Manager's designee), which confirms the release of such lot
or parcel from the encumbrance of this Agreement.
Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or
parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the
encumbrance hereof.
2. Condition No. 10 - (General Preliminary) In satisfaction of Condition No. 10 of the
Resolution, the Developer agrees that if any of the terms, covenants or conditions contained
herein shall fail to occur or if they are, by their terms, to be implemented and maintained over
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 Developer 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 within a reasonable and diligent
time frame.
3. Condition No. 12 - (General Preliminary) In satisfaction of Condition No. 12 of the
Resolution, the Developer agrees that the Developer 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 Environmentallmpact Report FSEIR 97-02 the CEQA Findings of
Fact and the Mitigation Monitoring and Reporting Program for the San Miguel Ranch Project in
accordance with the requirements, provisions and schedules contained therein, and as further
specified in these conditions for the Project and any or all entitlements and approvals issued by
the City in connection with the Proj ect.
4. Condition No. 15 - (General Preliminary) In satisfaction of Condition No. 15 of the
Resolution, the Developer agrees that prior to approval of each [mal Map, the Developer agrees
to implement, to the satisfaction of the Director of Planning and Building and the Environmental
Review Coordinator (ERC), all applicable mitigation measures identified in FSEIR 97-02, the
CEQA Findings of Fact and the Mitigation Monitoring and Reporting Program for the San
Miguel Ranch Project in accordance with the requirements, provisions and schedules contained
therein, and as further specified in these Tentative Map conditions. Modification of the sequence
of mitigation shall be at the discretion of the Director of Planning and Building and the ERC
should changes in circumstances warrant such a revision.
4
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5. Condition No. 17- (General Preliminary) In satisfaction of Condition No. 17 of the
Resolution, The Applicant shall comply with all applicable requirements of the California
Department of Fish and Game, the California State Water Resources Control Board, the U.S.
Department ofFish and Wildlife, and the U.S. Army Corps of Engineers as to the Project.
6. Condition No. 18 - (General Preliminary) In satisfaction of Condition No. 18 of the
Resolution, the Developer agrees that prior to approval of the first Final Map for the Project, the
Applicant shall have submitted and received approval by the Director of Planning and Building
and the City's Fire Marshall of a Brush Management Program for the Project. Approval of
additional Final Maps may require amendments or additions to the Brush Management Program.
The Brush Management Program shall comply with the following:
a. The areas indicated for brush management activities must be within the boundaries
of the areas previously proposed for grading within FSEIR-97-02. To the extent
that brush management areas extend beyond said grading boundaries, additional
environmental review and mitigation may be required as determined by the Director
of Planning and Building and the ERe.
b. Applicant's Brush Management Program shall comply with the provisions of the
Multiple Species Conservation Program (MSCP) Subarea Plan, including but not
limited to the requirement of up to a ISO-foot setback from structures to the
Preserve boundary with a 10-foot fire access, or as required by the by the Director
of Planning and Building and the ERC subject to the City's ordinances and policies.
The Brush Management Program shall also address buffer areas, types of fencing,
and all other pertinent matters in areas surrounding or abutting the project's Otay
Tarplant preserves.
c. If Applicant so requests, pursuant to the MSCP Subarea Plan, site-specific waivers
or project-level design methods to reduce fire setback requirements may be
considered by the City Fire Marshall and approved at the City Fire Marshall's sole
discretion.
d. As necessary, and prior to the approval of the Brush Management Program, the
Applicant shall obtain written consent from other property owners to conduct brush
management activities on adjacent, off-site lands which are within the required
brush management zones as reflected in the Brush Management Program.
(Planning, Fire)
e. Applicant shall, where practical and as determined by the Director of Planning and
Building and the ERC, incorporate plant species listed in the "Urban Wildlife
Interface Guidelines" for planting within and adjacent to fuel modification zones.
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7. Condition No. 40 - (ADA Standards). In satisfaction of Condition No. 40 of the
Resolution the Developer agrees that in the event the Federal Government adopts "Americans
with Disabilities Act" ("ADA") standards for street rights-of-way, which are in conflict with the
standards and approvals contained herein, all such approvals conflicting with those standards
shall be updated to reflect those standards. Unless otherwise required be federal law, City ADA
standards may be considered vested, as determined by Federal Regulations, only after
construction has commenced.
8. Condition No. 57 - (Sewer and Water). In partial satisfaction of Condition No. 57,
the Developer shall guarantee prior to the release of bonds for street improvements that the
"Engineer-of-Work" has clearly identified all sewer (S) and water (W) lateral locations prior to
the construction of curbs so that the curb face can be stamped with an "S" and "W", for the sewer
and water laterals, respectively, and the Developer shall propagate all curb face markings in order
to assure that the locations of the said utilities are identifiable.
9. Condition No. 90 - (Building Permits). In partial satisfaction of Condition No. 90,
the Developer agrees to the following:
a. That the City may withhold building permits for the Property if anyone of the
following occur:
(i). Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan have been reached.
(ii). Traffic volumes, levels of service, public utilities and/or services
exceed the adopted City threshold standards in the then effective Growth
Management Ordinance.
(iii). The required public facilities, as identified in the PFFP or as
amended or otherwise conditioned have not been completed or constructed
to satisfaction of City. The Developer may propose changes in the timing
and sequencing of development and the construction of improvements
affected. In such case, the PFFP may be amended as approved by the
City's Director of Planning and Building and the Public Works Director.
b. To defend, indemnify and hold harmless the City and its agents, officers
and employees, from any claim, action or proceeding against the City, or its agents,
officers or employees, to attack, set aside, void or annul any approval by the City,
including approval by Planning Commission, City Council or any approval by its agents,
officers or employees with regard to this Property pursuant to Government Code Section
66499.37 of the State Map Act provided the City promptly notifies the Developer of any
claim, action or proceeding and on the further condition that the City fully cooperates in
the defense.
c. To ensure that all franchised cable television companIes ("Cable
6
$-. .:<~l
Company") are permitted equal opportunity to place conduit and provide cable television
service to each lot within the subdivision. Developer agrees that City ofChula Vista may
grant access to cable companies franchised by the City of Chula Vista to place conduit
within the City's easement situated within the Project. Developer shall restrict access to
the conduit to only those franchised cable television companies who are, and remain in
compliance with all other rules, regulations, ordinances and procedures regulating and
affecting the operation of cable television companies as same may have been, or may
from time to time be issued by the City ofChula Vista.
d. That the City may withhold the issuance of building permits for the
Project, should the Developer be determined by the City to be in breach of any of the
terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall
provide the Developer of notice of such detennination and allow the Developer
reasonable time to cure said breach.
e. To hold the City harmless from any liability for erosion, siltation or
increase flow of drainage resulting from this project.
10. Condition No. 93 - (Previous Agreements). In satisfaction of Condition No. 93 of
the Resolution, the Developer shall comply with all previous agreements as they pertain to this
tentative map including the Agreement for Monitoring Building Permits, Resolution No. 2003-
166, dated April 15, 2003; Indemnification agreement between the City ofChula Vista and NNP-
Trimark, Resolution No. 2000-483, dated December 19, 2000; and the Annexation Agreement,
Resolution No.2000-481, dated December 19, 2000, Concerning the Conservation and Biological
Mitigation Program for the Implementation of the San Miguel Ranch Sectional Planning Area
Plan and Tentative Tract Map by and between City, Agencies and NNP-Trimark.
11. Condition No. 103 - (DG Walkways free from obstacles). In partial satisfaction of
Condition No. 103 of the resolution, the Developer hereby acknowledges and agrees that there
shall be no vertical obstacles or any obstructions such as public utility vaults, boxes, etc. placed
within the decomposed granite (D. G.) walkways within the Project. In the event of any such
obstruction placed within the walkways, Developer agrees to immediately remove such
obstructions, upon request of the City.
12. Condition No. 109 - (Open Space Walls). In partial satisfaction of Condition No.
109, the Developer agrees that walls which are located within the open space maintenance
district shall have owners of adjoining lots sign a statement when purchasing their homes that
they are aware that the wall is on Open Space property and that they may not modifY or
supplement the wall or encroach onto Open Space property. Developer further agrees that these
restrictions shall also be reflected in the CC&R' s for each lot, and a copy of said restrictions shall
be provided to the City for its approval.
13. Condition No. 136 - (Landscape and Irrigation). In partial satisfaction of
Condition No. 136, the Developer agrees to prepare, submit and obtain the approval, in
accordance with the Chula Vista Landscape Manual and Sections V-IS, Design Guidelines of the
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San Miguel Ranch SPA, of landscape and irrigation plans for the Project to the satisfaction of the
Director of Planning and Building. Developer further agrees to construct all improvements on
said plans and has provided a security in an amount as listed in Attachment "B" for said
construction.
14. Condition No. 156 - (Landscaping Plans). In partial satisfaction of Condition No.
156 of the Resolution, Developer shall provide a landscaping plan for the Property, prior to
issuance of the first building permit for the Property, showing that all single family residential
lots have been designed to accommodate a 5Yz' X 5Yz' (30.25 sq. ft.) tree planting area within the
street tree easement clear of utility lines, boxes, and similar obstructions.
15. Condition No. 178 (Noise Levels) In partial satisfaction of Condition No. 178 of the
Resolution, the Developer shall design all dwelling units to preclude interior noise levels over 45
dBA and shield all exterior private open space to limit noise exposure to 65 dBA.
16. Condition No. 179 - (National Pollutant Discharge Elimination System). In partial
satisfaction of Condition No. 179 of the Resolution, the Developer shall comply with all
applicable regulations established by the United States Environmental Protection Agency
(USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.)
permit requirements for urban runoff and storm water discharge and any regulations adopted by
the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the
Developer shall file notice of intent with the State Water Resources Control Board to obtain
coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with
Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP)
concurrent with the commencement of grading activities.
17. Condition No. 187 - (Withhold Building Permits). In partial satisfaction of
Condition No. 187 of the Resolution, the Developer acknowledges that the City may withhold
building permits for any of the phases of development identified in the Public Facilities
Financing Plan (PFFP) if the required public facilities, as identified in the PFFP or as amended
or otherwise conditioned, have not been completed or constructed to the satisfaction of the
Director of Planning and Building.
18. Satisfaction of Conditious. City agrees that the execution of this Agreement
constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos. 10, 12,
15, 17, 40, 57, 90, 93, 103, 109, 136, 156, 178, 179, and 187, 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 San Miguel Ranch
. Tentative Map, as may be appropriate.
19. Previous Agreement. This Agreement shall not supersede the Previous Agreements.
The terms and conditions of the Previous Agreements remain in full force and effect concerning
the Proj ect.
20. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously
8
. 5".2b
with the recordation of the Final Map.
21. Building Permits. Developer and Guest Builders acknowledge and agree that the
City may withhold the issuance of building permits for the Project, should the Developer be
determined by the City to be in breach of any of the terms of this Agreement. The City shall
provide the Developer of notice of such determination and allow the Developer with reasonable
time to cure said breach.
22. Assignablity. Upon request of the developer, any or all on-site duties and obligations
set forth herein may be assigned to developer's successor in interest if the City manager in
his/her sole discretion determines that such an assignment will not adversely affect the City's
interest. The City Manager in hislher sole discretion may, if such assignment is requested, permit
a substitution of securities by the successor in interest in place and stead of the original securities
described herein so long as such substituted securities meet the criteria for security as set forth
elsewhere in this agreement. Such assignment will be in a form approved by the City Attorney.
23. Implement Previously Adopted Conditions of Approval Pertinent to Project.
The Project shall comply, remain in compliance, and implement the terms, conditions, and
provisions, as City determines are applicable to the Property which is the subject matter of this
Agreement, of I) San Miguel Ranch Tentative Tract Map (CVT 99-04), previously approved by
City Council Resolution No. 2000-068 on February 29, 2000 and 2) San Miguel Ranch Phase I,
II, and IV Final Map Supplemental Subdivision Improvement Agreement, which was approved
by Resolution No. 2001-259 on August 7, 2001.
24. 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: City Engineer
Developer:
San Miguel Village LLC
12373 Innovation Drive, Suite 300
San Diego, CA 92128
9
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A party may change such address for the purpose of this paragraph by giving written notice of
such change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of
reference and do not define, describe or limit the scope or intent of this Agreement or any of its
terms.
c. Entire Agreement. This Agreement contains the entire agreement between
the parties regarding the subject matter hereof. Any prior oral or written representations,
agreements, understandings, and/or statements shall be of no force and effect. This Agreement is
not intended to supersede or amend any other agreement between the parties unless expressly
noted.
d. Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It
shall be conclusively presumed that both parties participated equally in the preparation and/or
drafting this Agreement.
e. Recitals; Attachments. Any recitals set forth above and Attaclunents hereto
are incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled
to a judgment against the other for an amount equal to reasonable attorney's fees and court costs
incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the
relief sought.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
10
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[PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH NEIGHBORHOOD "B"
FINAL MAP]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor of the City of Chula Vista
Attest:
Susan Bigelow
City Clerk
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
11
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[PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH NEIGHBORHOOD "B"
FINAL MAP]
DEVELOPERS/OWNERS:
San Miguel Village LLC,
A Delaware Limited Liability Company
By: [k~&-
By:
12
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CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
- - - "
I
I State of California
County of ~~
ana A "13 0 crt Q:g:¡~efore me, ~
personally appeared 0
Name(s) ofSlgner(s)
~sonallY known to me
o proved to me on the basis of satisfactory
evidence
r ì· - . . - . Î<Ô81Ñ Î.ŸNN ·W )(ÔM . ""'f to be the personW whose name(¡!¡- is/.aœ
I ! ~ Commission 11288290 C subscribed to the within instrument and
(f) ~ Notory Public' Coiifornio gJ acknowledged to me that helel\e/tA&y executed
(J; ''''.'~ ...
=> '< ,,- SOn Diego County ( the same in his/M>f/tl:leir authorized
J w _' ~' .~ . ~y :~~~' ~x~¡r~s .Jc:n.?~. ~O~5. capacityfies-), and that by his/~/t./::\ó¡j[
signature~ on the instrument the person(,sJ, or
the entity upon behaif of which the person~
acted, executed the instrument.
r
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I,' Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
I Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: RIGHT THUMBPRINT
o Individual OF SIGNER
Top of thumb here
r o Corporate Officer - Title(s):
r o Partner - 0 Limited 0 General
o Attorney in Fact
I o Trustee
1 o Guardian or Conservator
o Other:
I Signer Is Representing:
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Q 1997 National Notary Association' 9350 De Sate Ave., P,O. Box 2402 . Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call TolI·Free 1-800-876-6827
$-3/
. - -----.,- _._._..~._- -- --~-_._._~..- .....--.-....-....-
ATTACHMENT "An
LEGAL DESCRIPTION OF PROPERTY
NEIGHBORHOOD "B"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOT I OF CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH - NEIGHBORHOOD
"B" MAP, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. , FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON
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'^.. -.-........----...-- _.._"'--_._------_..._..._-,_._.._._.._--~------~--..,---.-....-.
ATTACHMENT I1B"
BOND EXHIBIT
o. o.
rc an scape
SU5009213 $676,370.20 Insurance and
Company Irrigation
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---- ___ _ _ _____..__.~__. ___ .n.~____._..__ ___..._
COUNCIL AGENDA STATEMENT
Item fa
Meeting Date 08/24/04
ITEM TITLE: Resolution Approving the Final Map of Rolling Hills Ranch,
Subarea II/, Neighborhood 9B, Chula Vista Tract No. 92-02A;
approving the associated Subdivision Improvement Agreement for the
completion of the improvements required by said Subdivision; and
approvmg the associated Supplemental Subdivision Improvement
Agreement, requiring Developer to comply with certain unfulfilled
conditions of Resolution No. 16834 and Resolution No. 2003-199.
SUBMITTED BY: Director of General Services / ·City Engineer 6k-
REVIEWED BY: City Manage~i...,l (4/5ths Vote: Yes_ No-X.J
On October 6, 1992, Council approved a Tentative Subdivision Map for Salt Creek Ranch,
Chula Vista Tract No. 92-02. On May 13, 2003, Council approved an Amending Tentative
Subdivision Map for Rolling Hills Ranch (formerly known as Salt Creek Ranch) Subarea lll,
Chula Vista Tract No. 92-02A, in which Neighborhoods 9 through 12 of the original Tentative
Subdivision Map were redesigned. Staff proposes that Council now consider approval of the
Neighborhood 9B Final Map, its associated Subdivision Improvement Agreements, and its
associated Supplemental Subdivision Improvement Agreements.
RECOMMENDATION: That City Council adopt the resolutions.
BOARDS AND COMMISSIONS: Not applicable.
DISCUSSION:
Rolling Hills Ranch Neighborhood 9B is a 35.2-acre project generally located north of Proctor
Valley Road and east of Hunte Parkway in the southern portion of Rolling Hills Ranch Subarea
III, immediately north of the Eastlake Woods project. The project consists of 81 residential lots
(see Attachment I). The Tentative Map was approved October 6 1992 (Resolution No. 16834).
An Amending Tentative Map was approved May 13,2003 (Resolution No. 2003-199).
Final Map: The Final Map has been reviewed by the City Engineer and found to be in
substantial conformance with the approved Tentative Map. The developer, McMillin Rolling
Hills Ranch, LLC, has already paid all applicable fees.
Council approval of the Final Map will constitute:
· Acceptance by the City of the fuel modification open space easements.
· Acceptance by the City of the sight visibility easements with rights of ingress and
egress.
· Acceptance by the City of the 5.50-foot tree planting and maintenance easements, with
the rights of ingress and egress for the construction and maintenance of street planting
along Babbling Brook Road, winding Fence Way, and Morning Creek Court.
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Page 2, Item &
Meeting Date 08/24/04
. Acceptance by the City for public use of Babbling Brook Road, Winding Fence Way,
and Morning Creek Court.
Associated Agreements: In addition to Final Map approval, staff recommends that Council
approve the following agreements associated with the project:
1. Subdivision Improvement Agreement: Requires the Developer to complete the
improvements required by said Subdivision. Security bonds have been provided,
guaranteeing the completion of all improvements and monumentation required by the
Municipal Code.
2. Supplemental Subdivision Improvement Agreement: Addresses several unfulfilled
conditions of the Tentative Map approved by Resolution No. 16834 and the Amending
Tentative Map approved by Resolution No. 2003-199. These conditions will remain in
effect until completed by the developer and/or their successors(s) in interest.
The above agreements have been reviewed by staff, and approved as to form by the City
Attorney.
FISCAL IMP ACT: There is no impact to the General Fund. The developer has paid all fees
and other costs associated with the proposed Final Map and agreements.
Attachments:
Attachment I: Plat of Rolling Hills Ranch Neighborhood 9B, Chula Vista Tract No. 92-02A
Attachment 2: Developer's Disclosure Statement
Exhibit A: Subdivision Improvement Agreement
Exhibit B: Supplemental Subdivision Improvement Agreement
T A File No. RH-234F
J:\Engineer\Landdev\Projects\Rolling Hills Ranch\Neighborhood 9BlA113 RHR N9B - Final Draft.doc
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ATTACHMENT
CHULA VISTA TRACT NO. 92-02A
ROLLING HILLS RANCH
SUBAREA III NEIGHBORHOOD 9B
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PLANNING 10179 Huennekem Street
ENQIERING San Diego.. Ca 91121
SURVEYING PH(858)SSß.4S00· FX(8S8)5SB·1414 Y
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ATTACHMENT __ Z
RHR 9B
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City ofChula Vista election must be
filed. The following infonnation must be disclosed:
I. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
McMillin Rolling Hills Ranch,LLC . Comerica Bank--California
Mercede Partners, L.P.
2. If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
3. If any person' identified pursuant to (I) above is a non-profit organization ortrust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor ofthe trust.
4. Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
Todd Galarneau Tom Tomlinson
Frank Zaidle Rodney Lubojasky
5. Has any person' associated with this contract had any financial dealings with an official" of the City of
Chula Vista as it relates to this contract within the past 12 months. Yes_ No_
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City of Chula Vista Disclosure Statement
If Yes, briefly describe the nature of the financial interest the official"" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member
of the Chula Vista City Council? No X- Yes _ If yes, which Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an official"" of the City ofChula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes _ No L
If Yes, which official"" and what was the nature of item provided?
Date: g. 9 . 6 4 .
contr~ctor/ Ap ~
aON" D. L'^8~
Print or type name of Contractor/ Appl cant
" Person is defined as: any individual, finn, co-partnership,joint venture, association, social club, ftatemal
organization, corporation, estate, trust, receiver, syndicate, any other COlU1ty, city, municipality, district, or
other political subdivision, -or any other group or combination acting as a unit.
"" Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member ofa
board, commission, .or committee of the City, employee, or staff members.
J:\Attomey\forms\disclosure statement 3 -6-03
(po S"
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL MAP OF ROLLING
HILLS RANCH, SUBAREA III, NEIGHBORHOOD 9B, CHULA
VISTA TRACT NO. 92-02A; APPROVING THE ASSOCIATED
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF THE IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION; AND APPROVING THE ASSOCIATED
SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT, REQUIRING DEVELOPER TO COMPLY
WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTION NO. 16834 AND RESOLUTION NO. 2003-199.
WHEREAS, the developers, the McMillin Rolling Hills Ranch, LLC, has submitted a
final map for Rolling Hills Ranch, Subarea III, Neighborhood 9B; and
WHEREAS, the developers have executed a Subdivision Improvement Agreement to
install public facilities associated with the project; and
WHEREAS, the developers have executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of City Council Resolutions No. 16834 and No. 2003-
199.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that certain map survey entitled Chula Vista Tract 92-02A, Rolling Hills
Ranch, Subarea Ill, Neighborhood 9A, and more particularly described as follows:
Lots "4" and "6" of Chula Vista Tract No.92-02A Rolling Hills Ranch, Subarea
Ill, according to "A" Map 14756 in the City ofChula Vista, County of San Diego,
State of California, filed in the office of the County Recorder of San Diego
County on March 24, 2004.
Area: 35.240 Acres No. of Lots: 81
Numbered Lots: 81 Lettered Lots: 0
Open Space Lots: 0 Acres
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that said map and subdivision of land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public
the public streets, to-wit Babbling Brook Road, Winding Fence Way, and Moming Creek Court,
and said streets are hereby declared to be a public streets and dedicated to the public use all as
shown on said map within said subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
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Resolution 2004-XXX
Page 2
has approved said subdivision map, and that said public streets are accepted on behalf of the
public as therefore stated and that those certain easements, as granted thereon and shown on said
map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above
stated.
BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit
said map to the Clerk of the Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement for
the completion of improvements in said subdivision, a copy of which shall be kept on file in the
office ofthe City Clerk, is hereby approved.
BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval that will remain in effect and run with
the land for the map, a copy of which is on file in the Office of the City Clerk is hereby
approved.
BE IT FURTHER RESOLVED that the City Clerk 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 the Mayor of the City of Chula Vista is hereby
authorized to execute said agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
Jack Griffin
Director of General Services
6-7
.
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
j)~'7. ~
Ann Moore
City Attorney
Dated: August 17,2004
SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND MCMILLIN ROLLING HILLS RANCH LLC
RELATING TO THE FINAL MAP FOR THE SUBDIVISION KNOWN AS
ROLLING HILLS RANCH SUBAREA III, NEIGHBORHOOD 9B (CVT 92-
02A)
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..--.'.--- - -_._,._---,----~---"._-_.--..,..--_._--
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 ofless 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 , 2004, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
MCMILLIN ROLLING HILLS RANCH, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY, 2727 Hoover Ave., National City, CA, 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
ROLLING HILLS RANCH SUBAREA III, NEIGHBORHOOD 9B (CVT 92-02A) 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 fmal 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
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
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install and complete, at Subdivider's own expense, all the public improvement work required by
City in connection with the proposed subdivision and will deliver to City improvement securities
as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 16834, approved on the 6th
day of October, 1992 ("Tentative Map Resolution"); and
WHEREAS, an amending tentative map of said subdivision has heretofore been
approved, subject to certain requirements and conditions, as contained in Resolution No. 2003-
199, approved on the 13th day of May, 2003 ("Amending Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work have been prepared and submitted to the City
Engineer, as shown on Drawing No. 04030 on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said public improvements according
to said plans and specifications has been submitted and approved by the City in the amount of
ONE MILLION EIGHTY-SEVEN THOUSAND ONE HUNDRED DOLLARS AND NO
CENTS ($1,087,100.00).
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 and Amending 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 therefore, 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 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
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set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said public improvements or the portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FIVE
HUNDRED FORTY-THREE THOUSAND FIVE HUNDRED FIFTY DOLLARS AND NO
CENTS ($543,550.00) 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 FIVE
HUNDRED FORTY-THREE THOUSAND FIVE HUNDRED FIFTY DOLLARS AND NO
CENTS ($543,550.00) to secure the payment of material and labor in connection with the
installation of said public improvements, which security is attached hereto, marked Exhibit "B"
and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part
hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FIFTEEN
THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($15,500.00) to secure the
installation of monuments, which security is attached hereto, marked Exhibit "c" and made a
part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
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----_._...._~_....- __ _" ~~~.____._._u_____.m_··________·_·__ .---.----
(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 therefore,
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.
II. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the public
improvements constructed pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow, modification of the velocity of
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
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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 ofthe 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.
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SIGNATURE PAGE ONE OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
ROLLING HILLS RANCH SUBAREA III, NEIGHBORHOOD 9B
(CVT 92-02A)
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
Stephen C. Padilla
Mayor
ATTEST:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
-6-
t-/f
SIGNATURE PAGE TWO OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
ROLLING HILLS RANCH SUBAREA 1Il, NEIGHBORHOOD 9B
(CVT 92-02A)
McMillin Rolling Hills Ranch, LLC
A Delaware limited liability company
By: McMillin Management Services, L.P.
A Califomia limited partnership
Its: Manager
By: Corky McMillin Construction Services, Inc.
A California corporati
Its: General Partne
By:
Its: \L~P'
(Attach Notary Acknowledgment)
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- .'.-.. ---~.- .,- ,-----_.__..."_.__._------~~-_._--_..
-
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $543,550.00
.
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $543,550.00
Exhibit "c" Improvement Security - Monuments:
Form: Bond
Amount: $15,500.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
J:\Engineer\LANDDEV\Projects\RolHng Hills Ranch\Neighborhood 9B\SIA RHR N98 Map - Final Draft.doc
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CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
State of California }
County of S(Ú\ 'D \ ~ Ò ss.
On I\tA~U>1--D"~ 1-~~r bef~rerne, E. ß~:'~tI" ~'~"'J'" UI'~:II!~¿'
personally appeared Oc\.C- ~o-..>..~<....\. "* 'frCUì"o'- Lo..lÒ 1£
Name(s)01 Slgner(s)
~ersonally known to me
o proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) isfare
subscribed to the within instrument and
~ - - - - - - -e ~E~ - - - ~ acknowledged to me that4oe/shelthey executed
@ Cam/ntS$Ïon # 1411649 the same In 'I1ts1trer/their authorized
, PublIC. CallJomla ¡ capacity(les), and that by ~r/their
I ~ DIego Counly f signature(s) on the instrument the person(s), or
i MyCcmm.ExpOeIMay13,2007 the entity upon behalf of which the person(s)
__ ..,.. _ _ _ _ _ __ _ _ _ _ acted, executed the instrument
~TNEsg;;anç and official seal.
, ../..d
SigllaturealNotaryPublic
OPTIONAL
Though the information below is not required by law; it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document , /:2
Title or Type of Document: (51/ fr /' /<IfJê- '7 µ
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
.
D Individual Top of thumb here
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
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o Other:
Signer Is Representing:
C 1999 NaUol1s1 NQta.ryAssodatlon· 9350 De SotoAve., P.O. Bo~ 2402' Chatsworth, CA 91313·2402' www.nationalnotary.orgProd.No. 5907 Reorder: Call Tcll-Ff6B 1-800-876-8827
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- ___~_" ___ _______ .........________..0···____
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
.D 7 éL.
. c..-·7
Ann Moore
City Attorney
Dated: August 17,2004
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND MCMILLIN ROLLING
HILLS RANCH LLC RELATING TO THE FINAL MAP FOR THE
SUBDIVISION KNOWN AS ROLLING HILLS RANCH SUBARA III,
NEIGHBORHOOD "9B" (CVT 92-02A)
6~/1
_...._..___.___.____.~_.~,.,.._,,___~ ...__...._ .__.'M'___~_·___
RECORDING REQUEST BY: )
)
City Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
)
No transfer tax is due as this is a )
conveyance to a public agency of )
less than a fee interest for which )
no cash consideration has been paid )
or received. )
)
)
)
Developer )
)
)
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR CHULA VISTA TRACT NO. 92-02A,
ROLLING HILLS RANCH SUBAREA III NEIGHBORHOOD 9B
(Conditions 2, 4, 35, 59, 64, 89, 120, 123, 124, 128 of Resolution 16834 for Chula Vista
Tract No. 92-02, Salt Creek Ranch and 29, 55, 88, 92, 133 of Resolution 2003-199 for
Chula Vista Tract No. 92-02A, Rolling Hills Ranch Subarea III)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this
_day of , 2004, by and between THE CITY OF CHULA VISTA,
California ("City" or "Grantee" for recording purposes only) and MCMILLIN ROLLING
HILLS RANCH, LLC, A CALIFORNIA 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 ("Property"). The Property is referred to as Rolling Hills Ranch
Subarea III Neighborhood 9B, Chula Vista Tract No. 92-02A. For purposes of this
Agreement the term "Project" shall mean "Property".
B. Developer is the owner of the Property.
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C. The City has adopted Resolution 16834 ("Resolution") pursuant to which it has
approved the Salt Creek Tentative Subdivision Map subject to certain conditions as
more particularly described in the Resolution.
D. Developer has applied for and the City has approved an Amending Tentative
Subdivision Map commonly referred to as Chula Vista Tract No. 92-02A, Rolling
Hills Ranch Subarea III Neighborhoods 9-12, ("Tentative Subdivision Map") for the
subdivision of the Property.
E. The City has adopted Resolution 2003-199 ("Amending Resolution") pursuant to
which it has approved the Amending Tentative Subdivision Map subject to certain
conditions as more particularly described in the Resolution.
F. City is willing, on the premises, security, terms and conditions herein contained to
approve the Final Map for which Developer has applied as being in substantial
conformance with the Tentative Subdivision Map described in this "B" map
Agreement.
G. The Project has been reviewed for consistency with the following environmental
documents: FEIR-89-03; FSEIR-91-03 (hereinafter referred to as the Project EIRs).
The Project will be developed in accordance with these EIRs and all mitigation
measures setforth in the respective Mitigation Monitoring and Reporting Programs
(MMRPs).
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.
1.1 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 in Exhibit "A" until released by the
mutual consent of the parties.
1.2 Agreement Runs with the Land. The burden of the covenants contained in
this Agreement ("Burden") is for the benefit of the Property and the City, its
successors and assigns and any successor in interest thereto. City is deemed the
beneficiary of such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public or private, in whose
favor and for whose benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are owners of any
particular land or interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain any actions or
suits at law or in equity or other proper proceedings to enforce the curing of such
reach to which it or any other beneficiaries of this agreement and the covenants
may be entitled.
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a. Developer Release on Guest Builder Assignments. If Developer
assigns any portion of the Project to a Guest Builder, Developer may request to be
released from Developer's obligations under this Agreement, that are expressly
assumed by the Guest Builder, 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 land, assumes the obligations of the Developer under this Agreement, and
demonstrates, to the satisfaction of the City, its ability to perform its obligations under
this Agreement as it relates to the portion of the Project which is being acquired by the
Assignee.
b. Partial Release of Developer's Assignees. If Developer assigns any
portion of the Project subject to the Burden of this Agreement, upon request by the
Developer or its assignee, the City shall release the assignee of the Burden of this
Agreement as to such assigned portion if such portion has complied with the
requirements of this Agreement to the satisfaction of the City and such partial
release will not, in the opinion of the City, jeopardize the likelihood that the
remainder of the Burden will not be completed.
c. Release of Individual Lots. Upon the occurrence of any of the following
events, the Developer shall, upon receipt of the prior written consent of the City
Manager (or Manager's designee), have the right to release any lot(s) from
Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the sale of a
residential lot to a buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association;
iii. The conveyance of a school site as identified in the SPA
Plan to a school district;
The City shall not withhold its consent to such release so long as the City finds in
good faith that such release will not jeopardize the City's assurance that the
obligations set forth in this Agreement will be performed. At the request of the
Developer, the City Manager (or Manager's designee) shall execute an
instrument drafted by Developer in a recordable form acceptable to the City
Manager (or Manager's designee), which confirms the release of such lot or
parcel from the encumbrance of this Agreement.
Notwithstanding the foregoing, at the close of an individual homeowner's escrow
on any lot or parcel encumbered by this Agreement, such lot or parcel shall be
automatically released from the encumbrance hereof.
2. Condition No.2 of Resolution 16834 (Public Facilities Financing Plan). In
satisfaction of Condition No.2 of Resolution 16834, the Developer agrees to install public
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facilities in accordance with the Public Facilities Financing Plan as amended by Resolution
2000-190 on June 13, 2000 or as required by the City Engineer to meet threshold
standards adopted by the City. In addition, the sequence that improvements are
constructed shall correspond to any future East Chula Vista Transportation Phasing Plan
as may be amended in accordance with the financing study adopted by the City. The
Developer further acknowledges that the City Engineer and the Planning Director may, at
their discretion, modify the sequence of improvement construction should conditions
change to warrant such a revision.
3. Condition No.4 of Resolution 16834 (General Preliminary). In satisfaction of
Condition NO.4 of Resolution 16834, unless otherwise conditioned, the Developer shall
comply with, remain in compliance with, and implement, the terms, conditions and
provisions of 1) the Salt Creek Ranch General Development Plan (GDP) approved by City
Council Resolution 15875 on September 25, 1990 and amended by City Council
Resolution 2003-198 on May 13, 2003; 2) Salt Creek Ranch Sectional Planning Area
(SPA) Plan approved by the City Council Resolution No. 16555 on March 24, 1992 and
amended by City Council Resolution 2003-386 on August 26, 2003; 3) the Rolling Hills
Ranch Planned Community District Regulations and Land Use Map approved by City
Council Ordinance No. 2499 on April 7, 1992 and amended by Ordinance No. 2932 on
September 16, 2003; 4) Public Facilities Financing Plan approved by City Council
Resolution 16555 on March 24, 1992 and amended by Resolution 2000-190 on June 13,
2000: 5) Tentative Subdivision Map for Salt Creek Ranch, Chula Vista Tract 92-02
previously approved by City Council Resolution Number 16834 on October 6, 1992 and
amended by City Council Resolution 2003-199 on May 13, 2003; 6) Agreement for
Monitoring of Building Permits approved by City Council Resolution 2003-166 on April 15,
2003: 7) the Master Plan of Reclaimed Water; 8) Urban Runoff Report; 9) Habitat
Enhancement Plan; 10) Master Plan of Sewage; 11) Water Conservation Plan; and 12)the
Air Quality Improvement Plan Design Guidelines as are applicable to the property which is
the subject matter of the Tentative Map, prior to approval of the Final Maps, or shall have
entered into an agreement with the City, providing the City with such security (including
recordation of covenants running with the land) and implementation procedures as the City
may require, assuring that, after approval of the Final Map, the Developer shall continue to
comply with, remain in compliance with, and implement such Plans. Developer hereby
agrees to waive any claim that the adoption of a final Water Conservation Plan or Air
Quality Improvement Plan constitutes an improper subsequent imposition of the condition.
4. Condition No. 29 of Resolution 2003-199 (Sewer Pump Station). In partial
satisfaction of Condition No. 2003-199, the Developer agrees to not request building
permits until the Salt Creek Ranch sewer pump station has been accepted by the City.
5. Condition No. 35 of Resolution 16834 (List of CutlFilllTransition Lots). In
satisfaction of Condition No. 35 of Resolution 16834, the Developer agrees to submit a list
of proposed lots indicating whether the structure will be located on fill, cut, or a transition
between the two situations prior to issuance of the first building permit in Neighborhood 9B.
6. Condition No. 55 of Resolution 2003-199 (Threshold and Withholding of
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Building Permits). In satisfaction of Condition No. 55 of Resolution 2003-199 Developer
agrees to the following
a. That the City may withhold building permits for the subject subdivision if any
one of the following occur:
i. Regional development threshold limit set by the Chula Vista
Transportation Phasing Plan, as amended from time to time, have
been reached or in order to have the Project comply with the
Growth Management Program, as may be amended from time to
time.
ii. Traffic volumes, levels of service, public utilities and/or services
either exceed the adopted City threshold standards or fail to
comply with the then effective Growth Management Ordinance
and Growth Management Program and any amendments thereto.
Public utilities shall include, but not be limited to, air quality,
drainage, sewer and water.
iii. The required public facilities, as identified in the PFFP or as
amended or otherwise conditioned have been completed or
constructed to the satisfaction of the City. The Developer may
propose changes in the timing and sequencing of development
and the construction of improvements affected. In such case, the
PFFP may be amended as approved by the City's Director of
Planning and building and the Public Works Director. Developer
agrees that the City may withhold building permits for any of the
phases of development identified in the Public Facilities Financing
Plan (PFFP) for the Project if the required public facilities, as
identified in the PFFP have not been completed.
b. That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the
terms of the tentative Map Conditions or any Supplemental Agreement. The
City shall provide the Developer of notice of such determination and allow
the Developer reasonable time to cure said breach.
7. Condition No. 59 of Resolution 16834 (Erosion). In satisfaction of Condition No.
59 of Resolution 16834, the Developer agrees to hold the City harmless from any liability
for erosion, siltation of increase flow of drainage resulting from this Project.
8. Condition No. 64 of Resolution 16834 (Telegraph Canyon Trunk Sewer
Improvements). In satisfaction of Condition No. 64 of Resolution 16834, until such time
as the Salt Creek Trunk Sewer is constructed to the satisfaction of the City Engineer, the
Developer agrees to participate in the monitoring of existing sewage flows in the Telegraph
Canyon Trunk Sewer and, pursuant to any adopted Basin Plan, agree to participate in the
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financing of improvements set forth therein, in an equitable manner.
9. Condition No. 88 of Resolution 2003-199 (Brush Management). In satisfaction of
Condition No. 88 of Resolution 2003-199, the Developer agrees to provide, prior to
issuance of the first building permit in Neighborhood 9B, the initial cycle of fire
management/brush clearance within designated brush management HOA lots for the
Project and conduct selective thinning on Lots "N", "P", and "CC" of Map No. 14756,
subject to the approval of the Fire Marshal and the Landscape Architecture Division and
Environmental Review Coordinator.
10. Condition No. 89 of Resolution 16834 (Fire Hydrants). In satisfaction of Condition
No. 89 of Resolution 16834, the Developer agrees to install fire hydrants ever¡ 500 ft. for
single family residential and ever¡ 300 ft. for multi-family dwellings and to install and make
operable the hydrants prior to deliver¡ of combustible building materials.
11. Condition No. 92 of Resolution 2003·199 (Fuel Modification Zone Plantings). In
partial satisfaction of Condition No. 92 of Resolution 2003-199, the Developer agrees that
any new plantings within the Fuel Modification Zone shall be non-invasive and subject to
the approval of the Environmental Review Coordinator and Landscape Architecture
Division.
12. Condition No. 120 of Resolution 16834 (Bench Marks). In satisfaction of Condition
No. 120 of Resolution 16834, the Developer agrees to payoff all existing deficit accounts
associated with the processing of this application to the satisfaction of the Director of
Planning and to provide permanent City bench marks tied to the City System at the
following locations:
1. Mt. Miguel Road/Mackenzie Creek Road
2. East "H" Street/Both Subdivision Boundaries
3. East "H" Street/Hunte Parkway
4. Otay Lakes Road/Rutgers
13. Condition No. 123 of Resolution 16834 (Fire Sprinklers). In satisfaction of
Condition No. 123 of Resolution 16834, the Developer agrees to provide some lots with
residential fire sprinkler systems due to access requirements as determined by the Fire
Marshal.
14. Condition No. 124 of Resolution 16834 (Planned Community District
Regulations). In satisfaction of Condition No. 124 of Resolution 16834, the Developer
agrees that all proposed development shall be consistent with the Salt Creek Ranch SPA
Planned Community District Regulations, subject to the approval of the Director of
Planning.
15. Condition No. 128 of Resolution 16834 (Fees). In satisfaction of Condition No. 128
of Resolution 16834, the Developer agrees to pay all applicable fees in accordance with
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the City Code and Council Policy, including, but not limited to, the following:
Prior to issuance of the first building permit:
1. The Transportation and Public Facilities Development Impact Fees.
2. Signal Participation Fees.
3. All applicable sewer fees, including but not limited to sewer
connection fees.
4. SR-125 impact fee (as applicable).
5. Salt Creek Sewer Basin Fee.
6. Sewer Pump Station DIF.
16. Condition No.133 of Resolution 2003-199 (Violations). In satisfaction of Condition
No. 133 of Resolution 2003-199, the Developer agrees that the approval of this map by the
City of Chula Vista does not authorize the Developer to violate Federal, State or City laws,
ordinances, regulations or policies, including, but not limited to the Federal Endangered
Species Act of 1973 and any amendments thereto.
17. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction or partial satisfaction of Developer's obligation for this Project of
Conditions 2, 4, 35, 59, 64, 89, 120, 123, 124, 128 of Resolution 16834 for Chula Vista
Tract No. 92-02, Salt Creek Ranch and 29, 55, 88, 92, 133 of Resolution 2003-199 for
Chula Vista Tract No. 92-02A, Rolling Hills Ranch Subarea III.
18. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned,
that Developer shall comply with all unfulfilled conditions of approval of the Salt Creek
Ranch, Chula Vista Tract No. 92-02 Tentative Map (adopted by Resolution 16834) and the
Amending Tentative Map for Rolling Hills Ranch, Chula Vista Tract No. 92-02A (adopted by
Resolution 2003-199) and shall remain in compliance with and implement the terms,
conditions and provisions of the Resolutions.
19. Previous Agreements. The Developer acknowledges that nothing in this Agreement
shall supersede, nullify or otherwise negatively impact the terms of Previous Agreements
as they apply to the Project including the Agreement for Monitoring of Building Permits as
approved by Resolution 2003-166.
20. Recording. This Agreement, or an abstract hereof prepared by either or both parties,
may be recorded by either party.
21. 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
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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.
22. Building Permits. Developer understands and agrees that the City may withhold the
issuance of building permits for the Project, should the Developer be determined by the
City to be in breach of any of the terms of this Agreement. The City shall provide the
Developer of notice of such determination and allow the Developerwith reasonabie time to
cure said breach.
23. 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: City Engineer
Developer:
McMillin Rolling Hills Ranch, LLC
2727 Hoover Ave.
National City, California 91950
Attn: Rodney Lubojasky
A party may change such address for the purpose of this paragraph by giving
written notice of such change to the other party in the manner provided in this
paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of
reference and do not define, describe or limit the scope or intent of this
Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between
the parties regarding the subject matter hereof. Any prior oral or written
representations, agreements, understandings, and/or statements shall be of
no force and effect. This Agreement is not intended to supersede or amend
any other agreement between the parties unless expressly noted.
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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 referenced
herein are incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing
party will be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief
sought.
(NEXT PAGE IS SIGNATURE PAGE)
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PAGE ONE OF TWO SIGNATURE PAGES TO THE
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
McMillin Rolling Hills Ranch LLC
Subarea III, Neighborhood 9B
CHULA VISTA TRACT NO. 92-02A
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
Stephen C. Padilla
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form:
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
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-
PAGE ONE OF TWO SIGNATURE PAGES TO THE
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
McMillin Rolling Hills Ranch LLC
Subarea III, Neighborhood 9B
CHULA VISTA TRACT NO. 92-02A
DEVELOPERS/OWNERS:
McMillin Rolling Hills Ranch, LLC
A Delaware Limited Liability Company
By: McMillin Management Services, L.P.
A California limited partnership
Its: Manager
By: Corky McMillin Construction Services, Inc.
A California corporation
Its: v.,P.
(Attach Notary Acknowledgment)
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EXHIBIT "An
THE lAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOllOWS:
LOTS 4 AND 6 OF CHUlA VISTA TRACT NO. 92-02A, ROLLING HillS RANCH,
SUBAREA III "A" MAP, IN THE CITY OF CHUlA VISTA, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14756 FilED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 24, 2004.
J:IENGINEERILANDDEVlPROJECTSIROLLING HILLS RANCHINEIGHBORHOOD 9BISSIA RHR N9B MAP - FINAL DRAFT. DOC
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California }
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MvComm.EJcpØsMay13.2007 acted. executed the instrument.
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WITN ESS my hand and official seal.
JJ.~
Signatuls of Notary F'ubllc
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: 561 A RHr<.. C¡ß
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
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Signer Is Representing:
Cl1999 National Notary Association . 9350 De Solo Ave., P.O. Box 2402· Chatsworth, CA91313-2402' www.nationalnotal)..orgProd.No. 5907 Reorder. Call Toll-Free '-800" 76-6a27
6 -.:3í
COUNCIL AGENDA STATEMENT
r7
Item ,
Meeting Date 8/24/04
ITEM TITLE: Resolution Waiving the consultant selection process as
impractical and approving agreements with Bruce Hull and Associates for
appraisal services, the Meyers Group for Market Absorption services and
McGill Martin Self, Inc for special tax consultant and auditing services for
community facilities districts within the City for the next three years.
SUBMITTED BY: Director of General Services/City Engineer t)<
REVIEWED BY: (}f-
City Manager¡"çtV (4/SthsVote: Yes_NoXj
The City currently has seven community facilities districts (CFD's) for the purpose of financing
infrastructure improvements. The consultants have provided CFD formation services for the last
three years. It is recommended that the consultants continue to provide CFD formation services for
the City in the coming three years.
RECOMMENDATION: That Council approve the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City began using the Mello Roos Act to fund infrastructure with Community Facilities Districts
in 1997. These districts sell bonds to fund infrastructure improvements and use the district's special
tax to pay back the bond holders over the life of the bonds. Due to the inherent complexities in this
type of financing, the City has historically utilized the same or primarily the same team of
consultants. In fact, in April 200 I the Council approved contracts with the other half of the
financial team (the underwriter, the financial consultant and bond counsel) for all future CFD's in the
City. All contracts are subject to termination upon thirty-day notice by the City and have a sunset
provision in three years. The three consultants have served on the financing team for the formation
of the last 6 CFD formed in the City. The waiver of the consultant selection process is necessary to
keep the financial team intact since the pool knowledge and experience created over the last three
years would be difficult to recreate in a new financing team.
Scope of Work
There are at least four CFD bond sales proposed for the next three years within the City: Village 2 &
7, Otay Ranch ownership and Village 7 within McMillin's ownership and potentially the Eastem
Urban Center and Freeway Commercial areas. There are also two currently formed CFD's (Otay
Ranch Village II and San Miguel Ranch) where a second bond sale is proposed. The scope of work
includes the effort for these two bond sales as well.
The scope of work for the Special Tax Consultant Services includes all the necessary requirements
for the formation and audits of Community Facilities Districts. This includes preparation of a special
tax report where the maximum tax is set. The scope of work for appraisal services includes all
necessary requirements to appraise the property to ensure the values of the property exceeds the
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Page 2, Item L
Meeting Date 8/24/04
proposed debt by a margin of 4 to 1. The scope of work for the market absorption consultant
includes all work necessary to forecast the rate the project will build out given the current market,
. pricing and other developments in the area. Please see the attached contracts for the detailed scope
of work. The contract amounts and the amount paid to each consultant in the last fiscal year (03/04)
are listed in Table 1.
Table 1
Service Consultant Contract Amount FY03/04 Payments
Special Tax Consultant McGill Martin Self $ 449,000 $481,036
Appraiser Bruce Hull $ 120,000 $ 96,700
Market Absorption The Mevers Group $ 60,000 $ 38,315
It is important to note that these consultants will provide substantial technical work to secure bond
funding of $180 million worth of needed infrastructure over the next three years.
There are sometimes delays in the fo=ation of CFD' s where the developer finds it prudent to wait
after the bulk of the consultant's effort are complete for any number of reasons. Since bond buyers
require updated and recent info=ation, there could be cost increases for the consultants to product
new documents. The contracts under Council review tonight have a provision where the City
Manager could approve additional effort or work on additional CFD's within the three-year period
up to $100,000 or 25% of the original contract amount, whichever is lower.
FISCAL IMPACT: All costs for these contracts are payable from developer deposits and no
appropriations are required.
J;\EllgilleerIAGENDA\A/ /3-MMS 2004b.doc
7-.¿
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CONSULTANT SELECTION
PROCESS AS IMPRACTICAL AND APPROVING
AGREEMENTS WITH BRUCE HULL AND ASSOCIATES FOR
APPRAISAL SERVICES, THE MEYERS GROUP FOR MARKET
ABSORPTION SERVICES AND MCGILL MARTIN SELF, INC.
FOR SPECIAL TAX CONSULTANT AND AUDITING SERVICES
FOR COMMUNITY FACILITIES DISTRICTS WITHIN THE
CITY FOR THE NEXT THREE YEARS
WHEREAS, the City began using the Mello Roos Act to fund infrastructure with
Community Facilities Districts (CFDs) in 1997; and
WHEREAS, there are at least six CFD bond sales proposed for the next three years; and
WHEREAS, due to the inherent complexities of this type of financing, the City has
historically utilized the same or primarily the same team of consults; and
WHEREAS, staff recommends that the City's consultant selection process for project
management and special tax consultant services be waived in the interest ofproviding a team:
I) That has provided consultant services to the City for the past three years;
2) That has demonstrated a deep and unique understanding of the dynamics of a
regional market place and understands the potential of the proposed development
projects in the Eastern Territories within that market, and
3) That has mastered a unique understanding of the development issues in the
City of Chula Vista particularly as they relate to the City's eastern territories.
WHEREAS, sometimes there are delays in the formation of CFDs when the developer
finds it prudent to wait after the bulk ofthe consultants' efforts are complete; and
WHEREAS, because bond buyers require updated and recent information, there could be
cost increases for the consultants if they have to produce new documents.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby waive the consultant selection process as impractical and approve the Agreements
with Bruce Hull and Associates, Inc. for appraisal services ($120,000), The Meyers Group for
Market Absorption services ($60,000), and McGill Martin Self, Inc. for CFD special tax
consultant and auditing services ($449,000), copies of which shall be kept on file on the office of
the City Clerk.
BE IT FURTHER RESOLVED that the City Manger is hereby authorized to increase the
Maximum Compensation amount of all three Agreements to pay for out of scope work, in an
7"'3
_.~~~.....,._._.- -~..._~_._...~-_._-'.--~..-..----.-.--~--~--..--.-_.,--.---------
amount not to exceed to following: for the Bruce Hull and Associates Agreement, $30,000; for
the Meyers Group Agreement, $15,000; and for the McGill Martin Self Agreement, $100,000.
Presented by Approved as to form by
Do..-.. 1 . l..f.---
Jack Griffin Ann Moore
Director of General Services City Attorney
J:\Attomey\Reso\Bruce Hull & Assoc
7-'1
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dev- 7.. I+c-.-
Ann Moore
City Attorney
Dated: August 17,2004
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BRUCE
HULL AND ASSOCIATES, INC. FOR CFD RELATED APPRAISAL
SERVICES
7-S-
- . - -- ~_.~-----,_._-- -.-.. _.._-_...__._----"-~---_..~~--~-----_._'_....
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
j) c.-. '7. l~
Ann Moore
City Attorney
Dated: August 17, 2004
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE
MEYERS GROUP FOR CFD RELATED MARKET ABSORPTION REPORT
SERVICES
7-f;
,_. -.-"-""-'--'.-~._.~--~---~.--'-------.----
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
j)t:- C. ~ .
Ann Moore
City Attorney
Dated: August 17, 2004
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MCGILL
MARTIN SELF, INC. FOR CFD SPECIAL TAX CONSULTANT AND
AUDITING SERVICES
7-7
-"'-"-----.--" ---_._.__._~._.-.._-----_._._------ .-_._._--------_._._._.._._--_.~----_._--
Parties and Recital page(s)
Agreement between
City of Chula Vista
and
Bruce Hull and Associates, rnc
For Appraisal Services for the Formation of Community
Facilities Districts within the
City Of Chula Vista Pursuant to the Mello-Roos
Community Facilities Act of 1982
This agreement ("Agreement") , dated August 24, 2004 for the
purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City") , whose business form is
set forth on Exhibit A, paragraph 3, and Bruce Hull and Associates,
rnc the entity indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form is set forth on Exhibit A,
paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, paragraph 6 ("Consultant") , and is made
with reference to the following facts:
Recitals
Whereas, City is desirous of retaining a firm to complete an
appraisal of land within Community Facility Districts for the
financing of public infrastructure; and
Whereas, Consultant was selected based on the quality of
previous similar work performed in association with the City's
formation of Commun ity Facilities Districts in other parts of
Eastern Chula Vista; and
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement.
(End of Recitals. Next Page starts Obligatory Provisions.)
Standard Form Two Party Agreement (Fourteenth Revision) Page 1
7-9
-_._-_.._~.._~._-_._._- ..----..-..----.------.-,,-.-
Obligatory provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consult~ndo
hereby mutually agree as follows:
l. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the
attached Exhibit A, Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
DutieslI, Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled " Scope of Work and
Schedule" , not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph S, and
deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being
of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to
complete the Defined Services by the times indicate d does not,
except at the option of the City, operate to terminate this
Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from
time to time reduce the Defined Services to be per formed 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.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional consulting
services related to the Defined Services ( "Additional Services") ,
and upon doing so in writing, if the yare within the scope of
services offered by Consultant, Consultant shall perform same on a
time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph 11 (C) , unless a separate fixed
fee is otherwise agreed upon. All c ompensation for Additional
Standard Form Two Party Agreement (Fourteenth Revision) Page 2
7-1(
Services shall be paid upon completion milestones shown onExhibit
C. All additional services shall be approved in writing by the
City Manager with a revised Exhibit C setting forth maximum
compensation limits.
E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perforrim a
manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. 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 ITA, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit A,
Paragraph 9, combined single limit applied separately to each
project away from premises owned 0 r rented by Consultant, which
names City 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 in the same manner as
members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under this
Standard Form Two Party Agreement (Fourteenth Revision) Page 3
7-/0
-..-.-----------"----- ."~_.___._,~..~____.~_,.____."._~~u...............______.__·~·___
Agreement, by delivery of Certificates of Insurance demonstrating
same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional
Insured.
(2 ) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage,
Primary Coverage and Cross -liability Coverage required under
Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Performance Bond"), then Consultant shall
provide to the City a performance bond by a surety and in a form
and amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance
Bond 11 , in said Paragraph 19, Exhibit A.
(2 ) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indi<t:æd by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Letter of Credit"), then Consultant shall
provide to the City an irrevocable letter of credit callable by the
City at their unfettered discretion by submitting to the bank a
letter, signed by the City Manager, stating that the Consultant is
in breach of the terms of this Agreement. The letter of credit
shall be issued by a bank, and be in a form and amount satisfactory
to the Risk Manager or City Attorney which amount is indicated in
the space adjacent to the term, "Letter of Credit", in said
Paragraph 19, Exhibit A.
(3 ) Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security oth er than a
Performance Bond or a Letter of Credit (indicated by a check mark
Standard Form Two Party Agreement (Fourteenth Revision) Page 4
7-//
in the parenthetical space immediately preceding the subparagraph
entitled "Other Security") , then Consultant shall provide to the
City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
1. Business License
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of
reviewing the progress of the Defined Services and Schedule therein
contained, and to provide direction and guidance to achieve the
objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the
term of the agreement. In addition thereto, City agrees to provide
the information, data, items and materials set forth on Exhibit A,
Paragraph 10, and with the further understanding that delay in the
provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on the
day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant
according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph 19
of Exhibit A, and shall compensate Consultant for out of pocket
expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient
information as to the propriety of the billing to permit the City
to evaluate that the amount due and payable there under is proper,
and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such
payment.
Standard Form Two Party Agreement (Fourteenth Revision) Page 5
7-1 ;.....
-"- ..._._,,-.., ._~_,__'_·_m __._______.._'.
3. Administration of Contract
Each party designates the individuals (" Contract
Administrators" ) indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4 . Term.
This Agreement shall terminate when the Parties have complied
with all executory provisions hereof or on August 24, 2 007,
whichever date occurs sooner.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence
in the completion of this Agreement. It is difficult to estimate
the amount of damages resulting from delay in performance. The
parties have used their judgment to arrive at a reasonable amount
to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work
assignment or Deliverable, the consultant sàDll pay to the City, or
have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") .
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, skll be requested in writing
to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and
will not be granted for delays to minor portions of work unless it
can be shown that such delays did or will delay the progress of the
work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
Standard Form Two Party Agreement (Fourteenth Revision) Page 6
7-/3
If Consultant is designated on Exhibit A, Paragraph 15, as an
"FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such
reporting categories as are specified in Paragraph 15 of Exhibit A,
or if none are specified, then as determined by the City Attorney.
B. 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.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consul tant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. 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 there under.
F. Specific Warranties Against Economic Interests.
Standard Form Two Party Agreement (Fourteenth Revision) Page 7
7-1'/
. _.^.........._.'_M____~__,,·.______.·._...____""._,,_~__~__·__..~.._._~.
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 any property which
may be the subject matter of the Defined Services, or in any
property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services,
("Prohibited Interest"), other than as listed in Exhibit A,
Paragraph 15.
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
in connection with 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, except with
the written permission of City.
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,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless
the City, its elected and appointed off icers and employees, from
and against all claims for damages, liability, cost and expense
(including without limitation attorneys fees) arising out of or
alleged by third parties to be the result of the negligent acts,
errors or omissions or the willful mi sconduct of the Consultant,
and Consultant's employees, subcontractors or other persons,
agencies or firms for whom Consultant is legally responsible in
connection with the execution of the work covered by this
Agreement, except only for those claims, dam~es, liability, costs
and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willful misconduct of the
City, its officers, employees. Also covered is liability arising
from, connected with, caused by or claime d to be caused by the
active or passive negligent acts or omissions of the City, its
agents, officers, or employees which may be in combination with the
active or passive negligent acts or omissions of the Consultant,
Standard Form Two Party Agreement (Fourteenth Revision) Page 8
7-/5
its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional
errors or omissions; Consultant shall defend, indemnify, protect
and hold harmless the City, its elected and appointed officers and
employees, from and against all claims for aJrnages, liability, cost
and expense (including without limitation attorneys fees) except
for those claims arising from the negligence or willful misconduct
of City, its officers or employees.
Consultant's indemnification shall include any and all costs,
expenses, attorneys fees and liability incurred by the City, its
officers, agents or employees in defending against such claims,
whether the same proceed to judgment or not. Consultant's
obligations under this Section shall not be limited by any prior or
subsequent declaration by the Consultant. Consultant's obligations
under this Section shall survive the termination of this Agreement.
S . Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notic e to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and oœx materials
prepared by Consultant shall, at the option of the City, become the
property of the City, and Consultant shall be entitled to receive
just and equitable compensation for any work satisfactorily
completed on such documents and other materials~to the effective
date of Notice of Termination, not to exceed the amounts payable
hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance of
work under this Agreement has resulted in expense to City greater
than would have resulted if there were no such negligence, errors,
omissions, Consultant shall reimburse City for a ny additional
expenses incurred by the City. Nothing herein is intended to limit
City's rights under other provisions of this agreement.
Standard Form Two Party Agreement (Fourteenth Revision) Page 9
7-/Ç:,
. . _u -_____-----r---'"~_________""._..____._
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at an y time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In
that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant shall
be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials
to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City.
City hereby consents to the assignment of the portions of the
Defined Services identified in Exhibit A, Paragraph 17 to the
subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be subject
to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written
consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright
or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under
this Agreement. Any reuse by City on any project other than the
project for which such materials were originally intended shall be
at the City's sole risk.
13. Independent Contractor
Standard Form Two Party Agreement (Fourteenth Revision) Page 10
7-/7·
City is interested only in the results obtained and Consultant
shall perform as an independent contractor with sole control of the
manner and means of performing the services required under this
Agreement. City maintains the right on ly to reject or accept
Consultant's work products. Consultant and any of the Consultant's
agents, employees or representatives are, for all purposes under
this Agreement, an independent contractor and shall not be deemed
to be an employee of City, and none of them shall be entitled to
any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City
will not withhold state or œderal income tax, social security tax
or any other payroll tax, and Consultant shall be solely
responsible for the payment of same and shall hold the City
harmless with regard thereto.
14 . Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been presented
in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapte r 1. 34 of the
Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference
as if fully set forth herein, and such policies and procedures used
by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good
faith with City for the purpose of resolving any dispute over the
terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement re suIt in
litigation, it is agreed that the prevailing party shall be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in
performing the Defined Services, Consultant shall riclude, or cause
the inclusion of, in said report or document, a statement of the
Standard Form Two Party Agreement (Fourteenth Revision) Page 11
7-/'þ
~..--.-~-~-..--.---.- ._._-_._----~--_._-,---~---
numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant
shall have no authority to act as City's agent to bind City to any
contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate broker
or sales person. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers
or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to
be given pur sua nt to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written docu ment
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 nstrument in
writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents
to the other party that it has legal authority and capacity and
direction from its principal to enter into this Agreement, and that
Standard Form Two Party Agreement (Fourteenth Revision) Page 12
7-/1
all resolutions or other actions have been taken so as to enable it
to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
Standard Form Two Party Agreement (Fourteenth Revision) Page 13
7-..<.D
- .--------_.__.._---_._-------_._----~-~--_.-~~--~-
Jul 05 04 11:OBa
p.2
Signature Page
to
Agreement between City of Chula Vista
and Bruce Hull and Associates, Inc
For Appraisal Services for the Formation of Community
Facilities Districts within the
City of Chula vista Pursuant to the Mello-Roos
Community Facilities Act of 1982
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated: , 200 City of Chula Vista
-
by:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated: Bruce W. Hull & Associates, Inc
By: ~~ ~
Name, ;r,:"~ W' ¡!" ~~
Title: ' ç-e7~e.J-
Exhibit List to Agreement
(X) Exhibit A.
Standard Farm Two Party Agreement (Fourteenth Revision) Page 14
7-ol!
Exhibit A
to
Agreement between
City of Chula Vista
and
Bruce Hull & Associates, Inc
l. Effective Date of Agreement: August 24,2004
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation
of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a
political subdivision of the State of California
( ) Industrial Development Authority of the City of Chula
Vista, a
( ) Other: , a
[insert business form]
( "City")
3 . Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
Bruce W. Hull & Associates
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
115 East Second Street, Suite 100
Tustin. CA 92780
Voice Phone (714) 544-9978
Standard Form Two Party Agreement (Fourteenth Revision) Page 15
7- J..l.
"._.'. __.._. _".'~."_"_--T'WM_'~_"_______~_··_'__
Fax Phone (714) 544-9985
7. General Duties:
a. Consultant shall prepare appraisals for the formation of
proposed Community Facili ties Districts (CFD's) in
conformance with SEC requirements and City of Chula Vista's
Statement of Goals and policies regarding the establishment
of Community Facilities Districts, adopted by Council by
Resolution 98-255 and as amended from time to time. The
proposed CFD's for the purpose of this agreement are
generally described in Exhibit C.
8. Scope of Work and Schedule:
A. Detailed Scope of Work
The appraisal will provide an estimate of current market value of
the property, which is defined as follows:
"The most probable price in terms of money which a
property should bring in competitive and open market
under all conditions requisite to a fair sale, the
buyer and seller each acting prudently,
knowledgeably, assuming the price is not affected by
undue stimulus."
Implicit in this definition is the consummation of sale as of a
specified date and the passing of title from seller to buyer under
conditions whereby:
Buyer and seller are typically motivated;
Both parties are well informed or well advised, and each
acting in what he or she considers his/her best
interest;
A reasonable time is allowed for exposure in the open
market;
Payment is made in cash or its equivalent;
Financing, if any, is on terms generally available in the
community as of the specified date and is typical for
the property type in its locale; and
Standard Form Two Party Agreement (Fourteenth Revision) Page 16
7~.,). 3
The price represents a normal consideration for the
property sold, unaffected by special financing
amounts and/or terms, services, fees, costs or
credits incurred in the transaction."
Real Estate Terminology, AIREA, SREA, edited by Byrl N. Boyce,
Copyright 1981, Publisher - Ballinger, Page 160.
The value estimate will reflect the fee simple interest of the
subject property, as of the date of value, subject to the CFD
liens.
The value estimate will reflect actual conditions of the
property, including appropriate deductions for any deferred
maintenance; income deficiencies, if any; and any other
unfavorable conditions affecting its current market value.
Consultant will attend, if needed, all coordination meetings
scheduled by the City.
Consultant will provide periodic drafts (as required by the
City) of the appraisal for comments at the coordination
meetings
Consultant will provide 12 bound copies of the appraisal upon
completion
Consultant will provide an electronic version of the appraisal
in a format acceptable to the City so that the City can make
the report available to the underwriter or other party.
Consultant will work with the Property Owner to obtain the
following:
- Legal description and recent title or preliminary
title report;
- Site development costs including backbone
infrastructure cost and builder improvement costs per
planning area or tract;
- Documentation regarding purchase of the subject
property in the last three years; or pending sale of the
property documented by purchase agreement and/or escrow
instructions; and
- Property inspection.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
Standard Form Two Party Agreement (Fourteenth Revision) Page 17
7-~¥
____ _ ___.,..__.,.____.._"_._,,._~._.~__...,_._...._.~._______~____.__....." m __._...
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1 : Complete a draft appraisal,
including all tasks identified in
item 8.a above, for a CFD described
in Exhibit C no later than 60 days
after "notice to proceed" from the
City. A final appraisal shall be
delivered to the City.
Deliverable No. 2 : Complete a final appraisal,
including all tasks identified in
item 8.a above, for a CFD described
in Exhibit C within 30 days of the
delivery date of the draft appraisal
(Deliverable No. 1) .
D. Date for completion of all Consultant services:
Upon completion of the appraisal to the satisfaction of
the City Engineer.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Auto Liability Insurance: $1,000,000.
(X) Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage)
( ) Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage)
(X) Professional Liability Insurance:
Per Claim: $1,000,000
Aggregate: $1,000,000
10. Materials required to be supplied by City to Consultant:
A. Make available maps, records, plans, and any
documentation provided by CFD applicant.
B. Schedule project meetings, Council meetings and hearings
as required by the Government Code.
11. Compensation:
Standard Form Two Party Agreement (Fourteenth Revision) Page. 18
1-~5
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant
as herein required, City shall pay a single fixed fee in the
amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
( ) l. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end of
each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be
considered as interest free loans, which must be
returned to the City if the Phase is not
satisfactorily c ompleted. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that phase.
The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such ot her person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practice of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
payment.
Standard Form Two Party Agreement (Fourteenth Revision) Page 19
7 -;.J. b
.^._..."....._..._---,---"._.~.~-'"
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services, in
the amounts and at the times or milestones or Deliverables set
forth. Consultant shall not commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, unless City
shall have issued a notice to proceed to Consultant as to said
Phase.
Phase Fee for Said Phase
1. $
2. $
3 . $
( ) 1. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end of
each phase only the compEnsation for that phase has
been paid. Any payments made hereunder shall be
considered as interest free loans, which must be
returned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receiv e
credit against the compensation due for that phase.
The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof œmanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practi ce of
making interim monthly advances shall not convert
Standard Form Two Party Agreement (Fourteenth Revision) Page 20
7--< 1
this agreement to a time and materials basis of
payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the Jt!Dduct i ve hours
of time spent by Consultant in the performance of said Services, at
the rates or amounts set forth in the Rate Schedule herein below
according to the following terms and conditions:
(1) (X) Not-to-Exceed Limitaticn on Time and Materials
Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximum Compensation
amount, Consultant agrees that for each Project listed
in Exhibit C Consultant will perform all of the Defined
Services herein required of Consultant for the amount
shown in Exhibit C's column labeled "Maximum
Compensation" including all Materials, and other
"reimbursables" ("Maximum Compensation") . There is
no surplus or deficit carryover between individual
Projects and/or the deliverables associated with each
Project.
(2 ) ( ) Limitation without Further Authorization on
Time and Materials Arrangement
At such time as Consultant shall have incurred time
and materials equal to ( "Authorization
Limit") , Consultant shall not be entitled to any
additional compensation without further authori zation
issued in writing and approved by the City. Nothing
herein shall preclude Consultant from providing
additional Services at Consultant's own cost and expense.
Rate Schedule
See Exhibit B.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant
in the performance of services herein required, City shall pay
Consultant at the rates or amounts set forth below:
Standard Form Two Party Agreement (Fourteenth Revision) Page 21
7-.<;'·
._..._,_.._.~....._- - -- _._---._,-_.__.._--_._---~ _..,.'-------".--
(X) None, the compensation includes all costs.
Cost or Rate
( ) Reports, not to exceed $ :
( ) Copies, not to exceed $ :
( ) Travel, not to exceed $ :
( ) Printing, not to exceed $ :
( ) Postage, not to exceed $ :
( ) Delivery, not to exceed $ :
( ) Long Distance Telephone Charges,
not to exceed $
( ) Other Actual Identifiable Direct Costs:
, not to exceed $ :
, not to exceed $ :
13 . Contract Administrators:
City: Sohaib AI-Agha, City Engineer
Consultant: Bruce Hull, Principal
14. Liquidated Damages Rate: N/A
( ) $ per day.
( ) Other:
15. Statement of Eçonomic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(X ) Not Applicable. Not an FPPC Filer.
() FPPC Filer
( ) Category No. lo Investments and souræs 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 . Investm ents in business entities
and sources of income which engage in land
development, construction or the acquisition or
sale of real property.
Standard Form Two Party Agreement (Fourteenth Revision) Page 22
7-t;Jl
( ) Category No. 5 . Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or
equipment.
( ) Category No. 6. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the designated
employee's department to provide services,
supplies, materials, machinery or equipment.
( ) Category No. 7. Business positions.
( ) List "Consultant Associates" interests in real property
within 2 radial miles of Project Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
NONE
18 Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
( ) Monthly
( ) Quarterly
(X ) Other: Based on Deliverables of Exhibit C
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: Will be assigned for each CFD_
19 Security for Performance
Standard Form Two Party Agreement (Fourteenth Revision) Page 23
7-~
..--,-.,._- ---_.._-----~.._-,--,----_._.~.,--~-~-_.._-----
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) 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, either the following "Retention Percentage" or
"Retention Amount" until the City determines that the
Retention Release Event, listed below, has occurred:
( ) Retention Percentage: %
-
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
Standard Form Two Party Agreement (Fourteenth Revision) Page 24
7-~/
Exhib i t B
Rate Schedule
Standard Form Two Party Agreement (Fourteenth Revision) Page 25
7- 3..2.-·
-"'-". ___n __ ___..._..___,.._.__....__.._ "-"..---.- . ,"--.- .._,._--,_._...__.._...._----'"~.."-" ------~,---_.-
Exhibit C
Not to exceed maximum compensation limits.
Milestone Maximum
Project (See Section e, Scope of
Work) Compensation
Village 2 & 7 Otay Deliverable 1 (Draft $15,000
Ranch* Appraisal)
Deliverable 2 (Final $15,000
Appraisal)
Village 11 Second Deliverable 1 (Draft $15,000
Bond Sale Appraisal)
Deliverable 2 (Final $15,000
Appraisal)
Village 7 & Eastern Deliverable 1 (Draft $15,000
Urban Center / Appraisal)
Freeway Commercial -
McMillin **
Deliverable 2 (Final $15,000
Appraisal)
San Miguel Ranch Deliverable 1 (Draft $15,000
Second Bond Sale Appraisal)
Deliverable 2 (Final $15,000
Appraisal)
Total $120,000
*If separate CFO's are created for Village 7 and Village 2 the
Maximum compensation amount will be $30,000 for each district.
** If the appraisal will include the Commercial property of the
Easter Urban Center and the Freeway Commercial site than t he
maximum compensation amount will be $35,000 for deliverable 1 and
2.
Standard Form Two Party Agreement (Fourteenth Revision) Page 26
7-3.3
-'---~---_. - --.--. .---.--..- ---_.___.._~__r__--.-.------.
CIlY OF
CHULA VISTA
DEPARTMENT OF GENERAL SERVICES
ENGINEERING DIVISION
August 24, 2004
TO: Honorable Mayor and City Council
FROM: Alex Al-Agha, City Engineer ,~
SUBJECT: Item 7 - Revision to Meyers Group Agreement
The following agreement is a new version of the agreement for market absorption report services
associated with Agenda Item 7. Please note that the rate has changed from an hourly rate
with maximum compensation to a fixed fee based on deliverables.
J:\ENGINEER\AGENDA\1tem 7. 8-24-04.doc
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~ c. ~c--- _
Ann Moore
City Attorney
Dated: August 24, 2004
AGREEMENT BETWEEN TIIE CITY OF CHULA VISTA AND THE
MEYERS GROUP FOR CFD RELATED MARKET ABSORPTION REPORT
SERVICES
j ~._---"..,--- - -- ---.
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
The Meyers Group, Inc
For Market Absorption Services for the Formation of
Community Facilities Districts within the
City Of Chula Vista Pursuant to the Mello-Roos
Community Facilities Act of 1982
This agreement ("Agreement"), dated August 24, 2004 for the
purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is
set forth on Exhibit A, paragraph 3, and The Meyers Group, Inc the
enti ty indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form is set forth on Exhibit A,
paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, paragraph 6 ("Consultant"), and is made
with reference to the following facts:
Recitals
Whereas, the City is desirous of retaining a firm to complete
market absorbtion studies for development projects in Chula Vista
as further defined in Exhibit B of this Agreement; and
Whereas, Consultant was selected based on the quality of
previous similar work performed in association with the City's
formation of Community Facilities Districts in other parts of
Eastern Chula Vista; and,
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement.
(End of Recitals. Next Page starts Obligatory Provisions.)
Page 1
.-.--- _.,--~._--~-,~"...._.__._.".-
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do
hereby mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the
attached Exhibit A, Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled " Scope of Work and
Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being
of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to
complete the Defined Services by the times indicated does not,
except at the option of the City, operate to terminate this
Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from
time to time reduce the Defined 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.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional consulting
services related to the Defined Services ("Additional Services"),
and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a
time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed
fee is otherwise agreed upon. All compensation for Additional
Services shall be paid upon completion milestones shown on Exhibit
B. All additional services shall be approved in writing by the
Page 2
City Manager with a revised Exhibit B setting forth maximum
compensation limits.
E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in a
manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. 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 IIA, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit A,
Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City 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 in the same manner as
members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9 , unless Errors and omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(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, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional
Insured.
Page 3
_______,__.__,_,_ ___________m___
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage,
Primary Coverage and Cross -liabil i ty Coverage required under
Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Securitv for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled nperformance BondI!) , then Consultant shall
provide to the City a performance bond by a surety and in a form
and amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance
Bond IT , in said Paragraph 19, Exhibit A.
(2 ) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Letter of Credit") , then Consultant shall
provide to the City an irrevocable letter of credit callable by the
City at their unfettered discretion by submitting to the bank a
letter, signed by the City Manager, stating that the Consultant is
in breach of the terms of this Agreement. The letter of credit
shall be issued by a bank, and be in a form and amount satisfactory
to the Risk Manager or City Attorney which amount is indicated in
the space adjacent to the term, "Letter of Credit" , in said
Paragraph 19, Exhibi t A.
(3 ) Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of 'Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph
entitled "Other Security") , then Consultant shall provide to the
City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
1. Business License
Page 4
--.-----------------------
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of
reviewing the progress of the Defined Services and Schedule therein
contained, and to provide direction and guidance to achieve the
objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the
term of the agreement. In addition thereto, City agrees to provide
the information, data, items and materials set forth on Exhibit A,
Paragraph 10, and with the further understanding that delay in the
provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on the
day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant
according to the terms and conditions set forth in Exhibi t A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph 19
of Exhibit A, and shall compensate Consultant for out of pocket
expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient
information as to the propriety of the billing to permit the City
to evaluate that the amount due and payable there under is proper,
and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such
payment.
3. Administration of Contract
Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term.
Page 5
.-.--.-- .......-.-..
This Agreement shall terminate when the Parties have complied
with all executory provisions hereof or on August 24, 2007,
whichever date occurs sooner.
5 . Liquidated Damages
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence
in the completion of this Agreement. It is difficult to estimate
the amount of damages resulting from delay in performance. The
parties have used their judgment to arrive at a reasonable amount
to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City, or
have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in writing
to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and
will not be granted for delays to minor portions of work unless it
can be shown that such delays did or will delay the progress of the
work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an
"FPPC filer II , Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such
reporting categories as are specified in Paragraph 15 of Exhibit A,
or if none are specified, then as determined by the City Attorney.
B. 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
Page 6
-..-.-
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair political Practices Act.
E. 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 there under.
F. 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 any property which
may be the subject matter of the Defined Services, or in any
property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services,
(" Prohibi ted Interest"), other than as listed in Exhibit A,
Paragraph 15.
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
in connection with 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.
Page 7
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, except with
the written permission of City.
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,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless
the City, its elected and appointed officers and employees, from
and against all claims for damages, liability, cost and expense
(including without limitation attorneys fees) arising out of or
alleged by third parties to be the result of the negligent acts,
errors or omissions or the willful misconduct of the Consultant,
and Consultant's employees, subcontractors or other persons,
agencies or firms for whom Consultant is legally responsible in
connection with the execution of the work covered by this
Agreement, except only for those claims, damages, liability, costs
and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willful misconduct of the
City, its officers, employees. Also covered is liability arising
from, connected with, caused by or claimed to be caused by the
active or passive negligent acts or omissions of the City, its
agents, officers, or employees which may be in combination with the
active or passive negligent acts or omissions of the Consultant,
its employees, agents or officers, or any third party.
wi th respect to losses arising from Consultant's professional
errors or omissions, Consultant shall defend, indemnify, protect
and hold harmless the City, its elected and appointed officers and
employees, from and against all claims for damages, liability, cost
and expense (including without limitation attorneys fees) except
for those claims arising from the negligence or willful misconduct
of City, its officers or employees.
Consul tant' S indemnification shall include any and all costs,
expenses, attorneys fees and liability incurred by the City, its
officers, agents or employees in defending against such claims,
whether the same proceed to judgment or not. Consultant's
obligations under this Section shall not be limited by any prior or
subsequent declaration by the Consultant. Consultant's obligations
under this Section shall survive the termination of this Agreement.
8. Termination of Agreement for Cause
Page 8
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If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreemel)t by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other materials
prepared by Consultant shall, at the option of the City, become the
property of the City, and Consultant shall be entitled to receive
just and equitable compensation for any work satisfactorily
completed on such documents and other materials up to the effective
date of Notice of Termination, not to exceed the amounts payable
hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator det~rmines that the
Consultants' negligence, errors, or omissions in the performance of
work under this Agreement has resulted in expense to City greater
than would have resulted if there were no such negligence, errors,
omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit
City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In
that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant shall
be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials
to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City.
Page 9
- - -_.._------_.._~_.- "- - ------
City hereby consents to the assignment of the portions of the
Defined Services identified in Exhibit A, Paragraph 17 to the
subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusi ve property of City. No such materials or properties
produced in whole or in part under this Agreement shall be subject
to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written
consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright
or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under
this Agreement. Any reuse by City on any project other than the
project for which such materials were originally intended shall be
at the City's sole risk.
13. Independent Contractor
City is interested only in the results obtained and Consultant
shall perform as an independent contractor with sole control of the
manner and means of performing the services required under this
Agreement. City maintains the right only to rej ect or accept
Consultant's work products. Consultant and any of the Consultant's
agents, employees or representatives are, for all purposes under
this Agreement, an independent contractor and shall not be deemed
to be an employee of City, and none of them shall be entitled to
any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City
will not withhold state or federal income tax, social security tax
or any other payroll tax, and Consultant shall be solely
responsible for the payment of same and shall hold the City
harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been presented
in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference
Page 10
-.- -.---._--.-----_._----~--
as if fully set forth herein, and such policies and procedures used
by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good
faith with City for the purpose of resolving any dispute over the
terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant
shall have no authority to act as City's agent to bind City to any
contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate broker
or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers
or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to
be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
Page 11
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement and
understanding between the parties relating to the subject matter
hereof. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents
to the other party that it has legal authority and capacity and
direction from its principal to enter into this Agreement, and that
all resolutions or other actions have been taken so as to enable it
to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
Page 12
08/24/2004 14;55 858792844 THE MEYERS GROUP PAGE 02/02
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Agreement betw' City of Chu a Vista
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For Market Absorpti ". Services fo~; the Formation of
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City Of Chula Vista ,: ursuant to t ';. Mello-Roos
Community Fa Ilities Act 0 '1982
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IN WITNESS WHEREOF, City 'i: Consul tan~ have executed this
Agroement thereby indicating: they have .Iread and understood
same, and indicate their full I! complete :'ònsent to its terms:
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Dated: 2DO i!i City of 1hU1a Vista
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Stephen. Padilla, Mayor
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Susan Bigelow, City Clerk r
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Approved as to form: r
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Ann Moore, City Attorney ;¡:
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Dated: The Mey~~s Group, Inc
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Name: I YeNNØt
;j Title: ~i\6IrJ0 Pi fecr¡)~
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Exhibit List to Agreement iB
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(X) Exhibits A and B. .,'
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Exhibit A
to
Agreement between
City of Chula Vista
and
The Meyers Group, Inc
1. Effective Date of Agreement: August 24, 2004
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation
of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a
political subdivision of the State of California
( ) Industrial Development Authority of the City of Chula
Vista, a
( ) Other: , a
[insert business form]
("City" )
3 . Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
The Meyers Group, Inc
5 . Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6 . Place of Business, Telephone and Fax Number of Consultant:
777 South Pacific Coast Highway, Suite 100
Solana Beach, CA 92075
Voice Phone (858) 792-8276
Fax Phone (858)792-8944
Page 14
_.___.___."_.~__.'_.__..._._'m
7 . General Duties:
Consultant shall prepare market absorption reports for the
formation of proposed Community Facilities Districts (CFD's) in
conformance with the City of Chula Vista's Statement of Goals
and Policies regarding the establishment of Community
Facilities Districts, adopted by Council by Resolution 98-255
and as amended from time to time. The proposed CFD's for the
purpose of this agreement are generally described in Exhibit B.
8. Scope of Work and Schedule:
A. Detailed Scope of Work
1. Materials Review and Locational Assessment:
Review all relevant materials compiled by City to
date relative to the Project such as site plans,
previous market studies, pertinent development
agreements, etc. Information on the infrastructure
improvements planned in the Project area will be
analyzed in terms of impact on anticipated
development in the area.
2. Definition of Competitive Market Area:
Consultant shall determine the most appropriate
competitive market area for each product type
proposed for the subject Project. Determination will
be made based on existing and planned transportation
routes, natural and man-made geographic boundaries,
patterns of housing and commercial growth, historical
market perceptions, etc.
3 . Economic and Demoqraphic Overview: Consultant
shall compile pertinent demographic data for the San
Diego County and South Bay area and analyze in the
context of future development such as that proposed
at the project. Data to be compiled will include
population and household growth trends, employment
growth and distribution, household income levels, age
distribution, etc. Data will be utilized to help
determine anticipated future demand potential for
residential in the San Diego County market area and
in the South Bay market area in particular.
4. Historical Residential Market Data: Consultant
shall compile relevant historical data on the San
Diego County and South Bay market area for-sale
housing markets. Key residential market factors to
be examined will include such things as new detached
Page 15
home sales and inventory trends, sales and inventory
by price range, sales rates by price range, building
permit issuance, resale market trends, etc.
5. Active Residential Prolect Overview: Consultant
shall survey residential projects (detached) in the
Project's relevant market area (largely the South
Bay) . Project information will include market
orientation, number of units planned, offered and
sold, product types, square footage range, base price
ranges, premiums, incentives, amenities, buyer and/or
tenant profile, absorption rate, etc. As part of
this analysis, Consultant shall evaluate recent price
changes and an absorption analysis will be conducted
for the sell-out of active projects.
6. Master Planned Communi tv Case Studies: A
selected number of similar large-scale residential
projects in the San Diego County market area shall be
analyzed by the Consultant. Survey will focus on key
characteristics (size, setting, product array, unit
and price ranges, community amenities, buyer
profiles) , sales performance (yearly sales, marketing
characteristics), and other comments. Survey will be
used to identify the annual absorption potential and
market capture of the San Diego County housing market
achieved by other well-segmented master planned
communities and will be used to assess sales and
market capture projections.
7 . Proposed Prolect Summary and Detailed Prolect
Buildout: Consultant shall compile and analyze
information on the most relevant and maj or planned
and proposed residential developments in the
competitive market area for the Project. To the
extent available, detailed information will be
presented for each project (units, timing, pricing,
etc.) . This analysis will cover all proj ects in
various stages of the approval process in the South
Bay market area. Consultant shall prepare a market-
driven buildout projection for the proposed large-
scale South Bay residential projects for use in
reconciling annual supply and demand projections.
8. Demand Analvsis: Consultant shall conduct a
statistical demand analysis to quantify the future
demand potential for each type of development
proposed for the Project (for-sale residential) .
Demand will be based on a combination of statistical
and judgmental methodologies, and will result in
Page 16
--------~.~-,------_.
annual demand projections over the relevant time
frame of the subject project.
9. Conclusions: Consultant shall analyze all of the
above information and draw conclusions relative to
current and future market trends and assess the
potential for the development and absorption of
residential uses as proposed for the Project.
10. Absorption proiection: Based on the above
analysis, Consultant shall provide written
recommendations with regard to anticipated absorption
of the proposed residential development in the
Project. Absorption estimates will take into account
such things as expected market trends, community
positioning, infrastructure timing, etc. Absorption
estimates will cover the anticipated period to build-
out of the community on a quarterly or annual basis
(format to be determined with appraiser) .
11. Consultant will attend all coordination meetings
as needed and work with the proj ect appraiser to
ensure the most accurate results.
12. Consultant will provide check prints (as required by
the City) of the Market Analysis and Market
Projection for comments at the coordination meetings.
13. Consultant will provide to the City 2 bound and
10 unbound copies of the Market Analysis and Market
Projection upon completion.
14. Consultant will provide an electronic version of
the absorption study in a format acceptable to City
so that the City can make the report available to the
underwriter or other party.
15. Consultant will work with the Project owners to
obtain the following:
Detailed information on current business plan
projections for the development (absorption, product
pricing and lot or land values) , as well as details
on proposed residential, timing, phasing, etc) .
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
Page 17
---_..~---~~-
C. Dates or Time Limits for Delivery of Deliverables:
Upon written request by the City Engineer, a draft market
absorption report and a final market absorption report
for a CFD described in Exhibit B, which include all tasks
identified in 8.a above, shall be delivered to the City
on or before the dates specified the request.
D. Date for completion of all Consultant services:
The date specified in writing by the City Engineer when
requesting a report for a particular CFD. In no event
shall the report be completed more than 6 weeks after the
City Engineer directs Consultant to COmmence preparation
of the report.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Auto Liability Insurance: $1,000,000.
(X) Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage) .
( ) Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage) .
(X) Professional Liability Insurance:
Per Claim: $1,000,000
Aggregate: $1,000,000
10. Materials required to be supplied by City to Consultant:
A. Make available maps, records, plans, and any
documentation provided by CFD applicant.
B. Schedule project meetings, Council meetings and hearings
as required by the Government Code.
11. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant
as herein required, City shall pay a single fixed fee in the
Page 18
._".
amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end of
each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be
considered as interest free loans, which must be
returned to the City if the phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that phase.
The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practice of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
payment.
B. (X) phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified in Exhibit "B",
City shall pay the fixed fee associated with each phase of
Services, in the amounts and at the times or milestones or
Deliverables set forth. Consultant shall not commence Services
Page 19
under any Phase, and shall not be entitled to the compensation for
a Phase, unless City shall have issued a notice to proceed to
Consultant as to said Phase.
phase Fee for Said Phase
1. See Exhibit "BfI $
2 . $
3 . $
( ) 1. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end of
each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be
considered as interest free loans, which must be
returned to the City if the Phase is not
satisfactorily completed. If the phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that phase.
The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made. unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practice of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
payment.
C. . ( ) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive hours
of time spent by Consultant in the performance of said Services, at
the rates or amounts set forth in the Rate Schedule herein below
according to the following terms and conditions:
Page 20
_...~-_.- ----------.--....-
(1) ( ) 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 for each Project listed in
Exhibit B Consultant will perform all of the Defined
Services herein required of Consultant for the amount
shown in Exhibit B's column labeled "Maximum
Compensation" including all Materials, and other
nreimbursableslT ( "Maximum Compensation"). There is no
surplus or deficit carryover between individual Projects.
(2 ) ( ) Limitation without Further Authorization on
Time and Materials Arrangement
At such time as Consultant shall have incurred time
and materials equal to ( "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 from providing
additional Services at Consultant's own cost and expense.
Rate Schedule
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant
in the performance of services herein required, City shall pay
Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
( ) Reports, not to exceed $ :
( ) Copies, not to exceed $ :
( ) Travel, not to exceed $ :
( ) Printing, not to exceed $ :
( ) Postage, not to exceed $ :
( ) Delivery, not to exceed $ :
( ) Long Distance Telephone Charges,
not to exceed $
( ) Other Actual Identifiable Direct Costs:
, not to exceed $ :
Page 21
----~- -------" -_.__..._------~._-
, not to exceed $ :
13 . Contract Administrators:
City: Sohaib Al-Agha, City Engineer
Consultant: Peter Dennehy, Managing Director
14. Liquidated Damages Rate: N/A
( ) $ per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
( ) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. lo 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.
( ) 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.
Page 22
. ..." -_.__.._-_._~--
( ) List "Consultant Associates" interests in real property
within 2 radial miles of Project Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
NONE
18 Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
( ) Monthly
( ) Quarterly
( X ) Other: Based on Deliverables of Exhibit B
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: will be assigned for each CFD.
19 Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
() 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, either the following "Retention Percentage" or
"Retention Amount" until the City determines that thè
Retention Release Event, listed below, has occurred:
( ) Retention Percentage: ___%
( ) Retention Amount: $
Retention Release Event:
Page 23
---_."..._~_._._---_._-
( ) Completion of All Consultant Services
( ) Other:
Page 24
._~,_.. .~... -----,...-.--
Exhibit 'C'
Milestone/Phase
Project (See Section 8, Scope of Fee for Phase
Work)
Village 2 « 7 Otay Deliverable 1 (Draft $7,500
Ranch* Absorption Report)
Deliverable 2 (Final $7,500
Absorption Report)
Village 11 Second Deliverable 1 (Draft $7,500
Bond Sale Absorption Report)
Deliverable 2 (Final $7,500
Absorption Report)
Village 7, « Eastern Deliverable 1 (Draft $7,500
Urban Center / Absorption Report)
Freeway Commercial -
McMill in
Deliverable 2 (Final $7,500
Absorption Report)
San Miguel Ranch Deliverable 1 (Draft $7,500
Second Bond Sale Absorption Report)
Deliverable 2 (Final $7,500
Absorntion Report)
Total $60,000
*If Village 7 and Village 2 CFD's have separate districts created
then the maximum compensation amount will be $15,000 for each
district.
Page 25
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Parties and Recital page(s)
Agreement between
City of Chula Vista
and
The Meyers Group, Inc
/
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For Market sorption Services for tMe Formation of
Community acilities Districts within the
City Of Chula ista Pursuant to t~e Mello-Roos
Communit Facilities Act of 1982
/
This agreement ("Agreement"), dated ~bgust 24, 2004 for the
purposes of reference only, an eff~ctive as of the date last
executed unless another date is o~~erwise specified in Exhibit A,
Paragraph 1 is between the City- klated entity as is indicated on
Exhibit A, paragraph 2, as such/(\City"), whose business form is
set forth on Exhibit A, paragr~ph~, and The Meyers Group, Inc the
entity indicated on the attacned Ex ibit A, paragraph 4, as
Consultant, whose business ~6rm is s t for th on Exhibit A,
paragraph 5, and whose plage of busin ss and telephone numbers are
set forth on Exhibit A, p~'ragraph 6 (" onsultant"), and is made
wi th reference to the f~iioWing facts: \
/' \
/ Recitals \
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Whereas, the Gdty is desirous of retai~"ng a firm to com~ete
an appraisal of l~d within Community Facili District for the
financing of pu~0c infrastructure for deve'opment projects in
Eastern Chula V~ta as further defined in ~xhibit C of this
Agreement; an~ ~\
Whereasd'Consultant was selected based on th~ qu
previous :t i lar work performed in association wit'\l, t, he
formation, Community Facilities Districts in othJ\
Eastern C la Vista; and
I '
whefeas, Consultant warrants and represents tha~\th,ey are
experiefced and staffed in a manner su ch that they a~ and can
prepar~ and deliver the services required of Consultant\to City
withiq' the time frames herein provided all in accordance\~ith the
term~ and conditions of this Agreement. '
I
,/
ality of
City's
parts of
\
{End of Recitals. Next Page starts Obligatory provision~.)
Page 1
7.3~
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do
hereby mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform illl of the services described on the
attached Exhibit A, Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perf orm all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being
of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to
complete the Defined Services by the times indicated does not,
except at the option of the City, operate to terminate this
Agreement.
C. Reductions in Scope of Work
City may independentl~ or upon request from Consultant, from
time to time reduce the Defined 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 correspondi ng reduction in the compensation
associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional consulting
services related to the Defined Services ("Additional Services"),
and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a
time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed
fee is otherwise agreed upon. All compensation for Additional
Page 2
,7- 35.
Services shall be paid upon
C. All additional services
City Manager with a revised
compensation limits.
completion milestones shown onExhibit
shall be approved in writing b y the
Exhibit C setting forth maximum
E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in a
manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. 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:
Statutory Worker's Compensat ion Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit A,
Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City 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 in the same manner as
members of the general public ("Cross-liability Coverage") .
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services requEd under this
Page 3
7~ .::J~
Agreement, by delivery of Certificates of Insurance demonstrating
same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional
Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage,
Primary Coverage and Cross -liability Coverage required under
Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement t 0 the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Performance Bond"), then Consultant shall
provide to the City a performance bond by a surety and in a form
and amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance
Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Letter of Credit"), then Consultant shall
provide to the City an irrev~able letter of credit callable by the
City at their unfettered discretion by submitting to the bank a
letter, signed by the City Manager, stating that the Consultant is
in breach of the terms of this Agreement. The letter of credit
shall be issued by a rnnk, and be in a form and amount satisfactory
to the Risk Manager or City Attorney which amount is indicated in
the space adjacent to the term, "Letter of Credit", in said
Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of Credit (indicated by a check mark
Page 4
7-~7
in the parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Consultant shall provide to the
City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of
reviewing the progress of theDefined Services and Schedule therein
contained, and to provide direction and guidance to achieve the
objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the
term of the agreement. In addition thereto, City agrees to provide
the information, data, items and materials set forth on Exhibit A,
Paragraph 10, and with the further understanding that delay in the
provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on the
day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant
according to the terms and conditions set for th in Exhibit A,
Paragraph II, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph 19
of Exhibit A, and shall compensate Consul tant for out of pocket
expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient
information as to the propriety of the billing to permit the City
to evaluate that the amount due and payable there underis proper,
and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such
payment.
Page 5
7m$P
3. Administration of Contract
Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term.
This Agreement shall termin~e when the Parties have complied
with all executory provisions hereof or on August 24, 2007
whichever date occurs sooner.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence
in the completion of this Agreement. It is difficult to estimate
the amount of damages resulting from delay in performance. The
parties have used their judgment to arrive at a reasonable amount
to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess of
the time specifi ed for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City, or
have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") .
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in writing
to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and
will not be granted for delays to minor portions of work unless it
can be shown that such delays did or will delay the progress of the
work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
Page 6
7. f; 9
If Consultant is designated on Exhibit A, Paragraph 15, as an
"FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of intere st and
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such
reporting categories as are specified in Paragraph 15 of Exhibit A,
or if none are specified, then as determined by the City Attorney.
B. 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.
C. Search to Determine Economic Interests.
Regardless of wh ether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would consti tute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. 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 there under.
F. Specific Warranties Against Economic Interests.
Page 7
~~A
/-7V
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents (II Consul tant Associate s ") presently have any
interest, directly or indirectly, whatsoever in any property which
may be the subject matter of the Defined Services, or in any
property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services,
("Prohibited Interest"), other than as listed in Exhibit A,
Paragraph 15.
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
in connection with 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, except with
the written permission of City.
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,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless
the City, its elected and appointed officers and employees, from
and against all claims for damages, liability, cost and expense
(including without limitation attorneys fees) arising out of or
alleged by third parties to be the result of the negligent acts,
errors or omissions or the willful misconduct of the Consultant,
and Consultant's employees, subcontractors or other persons,
agencies or firms for whom Consultant is legally responsible in
connection wit h the execution of the work covered by this
Agreement, except only for those claims, damages, liability, costs
and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willful misconduct of the
City, its officers, employees. Also covered is liability arising
from, connected with, caused by or claimed to be caused by the
active or passive negligent acts or omissions of the City, its
agents, officers, or employees which may be in combination with the
active or passive negligent acts or omissions of the Consultant,
Page 8
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its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional
errors or omissions, Consultant shall defend, indemnify, protect
and hold harmless the City, its elected and appointed officers and
employees, from and against all claims for damages, liability, cost
and expense (including without limitation attorneys fees) except
for those claims arising from the negligence or willful misconduct
of City, its officers or employees.
Consultant's indemnification shall include any and all costs,
expenses, attorneys fees and liability incurred by the City, its
officers, agents or employees in defending against such claims,
whether the same proceed to judgment 0 r not. Consultant's
obligations under this Section shall not be limited by any prior or
subsequent declaration by the Consultant. Consultant's obligations
under this Section shall survive the termination of this Agreement.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other materials
prepared by Consultant shall, at the option of the City, become the
property of the City, and Consultant shall be entitled to receive
just and equitable compensation for any work satisfactorily
completed on such documents and other materials up to the effective
date of Notice of Termination, not to exceed the amounts payable
hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance of
work under this Agreement has resulted in expense to City greater
than would have resulted II there were no such negligence, errors,
omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit
City's rights under other provisions of this agreement.
Page 9
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10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days befure the effective date of such termination. In
that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant shall
be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials
to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agr eement, and
shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City.
City hereby consents to the assignment of the portions of the
Defined Services identified in Exhibit A, Paragraph 17 to t he
subconsultants identified thereat as "Permitted Subconsultantsn.
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be subject
to private use, copyrights or patent right s by Consultant in the
United States or in any other country without the express written
consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright
or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under
this Agreement. Any reuse by City on any project other than the
project for which such materials were originally intended shall be
at the City's sole risk.
13. Independent Contractor
Page 10
7. lid>
City is interested only in the results obtained and Consultant
shall perform as an independent contractor with sole control of the
manner and means of performing the services required under this
Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's
agents, employees or representatives are, for all purposes under
this Agreement, an independent contractor and shall not be deemed
to be an employee of City, and none of them shall be entitled to
any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City
will not withhold state or federal income tax, social security tax
or any other payroll tax, and Consultant shall be solely
responsible for the payment of same and shall hold the City
harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been presented
in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference
as if fully set forth hffein, and such policies and procedures used
by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good
faith with City for the purpose of resolving any dispute over the
terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and cour t costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or
participates in the p reparation of a report or document in
performing the Defined Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the
Page 11
7-t/~ .
numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant
shall have no authority to act as City's agent to bind City to any
contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate broker
or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers
or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to
be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement and
understanding between the parties relating to the subject matter
hereof. Neither this Agreeme nt nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents
to the other party that it has legal authority and capacity and
direction from its principal to enter into this Agreement, and that
Page 12
7 -1/:5
all resolutions or other actions have been taken so a~o enable it
to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
Page 13
~~
Signature Page
to
Agreement between Cit~ of Ch~la Vista
and The Meyers Grou!?, Inc.
For Markee Ab.orp~~on Serviaes for ~b. wo:mation ot
c~~ity .aail1~ie. Diatricea wiehiD the
City Of Cbula vista pqz.~&nt to the "11o-RQos
community Facilities Act o~ 1982
IN WITNESS WHEREOF, City and Consultant have executed thi5
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated:
, 200_
City of chula Vista
by:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, city Attorney
Dated:
The Meyers Group, Inc
By: '~J.}IN:r. 0~
Name: \'~tEt- Vf:1J,J i\+j
Title: MJoJk'blrJk Vl~
Exhibit List to Agreement
(X) E~hibits A. Band c.
'lI! _ _ _ _ _ _ .' .. - - - _. .- - - - - . - - - - . - - - - - - - . . - - -.. - - - - .. .. - - - - .' - - -
I page 14
7-'Ii
00/00 :39\;td
v.J:3IH.L \;tSIl
6l:Sll6LSSS
_ DllIIRBd: St_~=d. Fonn TWO
lI,..:ty AII%......""'~ IJII'c",,%~ae..~b.
Il_idofll
El::pl: p00l/Ll:/S0
Exhibit A
to
Agreement between
City of Chula Vista
and
The Meyers Group, Inc
1. Effective Date of Agreement: August 24, 2004
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation
of the State of California
() Redevelopment Agency of the City of Chula Vista, a
political subdivision of the State of California
() Industrial Development Authority of the City of Chula
Vista, a
() Other:
[insert business form]
, a
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
The Meyers Group, Inc
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
777 South Pacific Coast Highway, Suite 100
Solana Beach, CA 92075
Voice Phone (858) 792-8276
Page 15
7" '/?
Fax Phone (858)792-8944
7. General Duties:
Consultant shall prepare market absorption reports for the
formation of proposed Community Facilities Districts (CFD's) in
conformance with the City of Chula Vista's Statement of Goals
and policies regarding the establishment of Community
Facilities Districts, adopted by Council by Resolution 98-255
and as amended from time to time. The proposed CFD's for the
purpose of this agreement are generally described iruxhibit C.
8. Scope of Work and Schedule:
A. Detailed Scope of Work
1. Materials Review and Locational Assessment
Review all relevant materials compiled by City to
date relative to the Project such as site plans,
previous market studies, pertinent development
agreements, etc. Information on the infrastructure
improvements pl anned in the Project area will be
analyzed in terms of impact on anticipated
development in the area.
2. Definition of Competitive Market Area
Consultant shall determine the most appropriate
competitive market area for each product type
proposed for the subject Project. Determination will
be made based on existing and planned transportation
routes, natural and man -made geographic boundaries,
patterns of housing and commercial growth, historical
market perceptions, etc.
3. Economic and Demographic Overview: Consultant
shall compile pertinent demographic data for the San
Diego County and South Bay area and analyze in the
context of future development such as that proposed
at the project. Data to be compiled will include
population and household growth trends, employment
growth and distribution, household income levels, age
distribution, etc. Data will be utilized to help
determine anticipated future demand potential for
residential in the San Diego County market area and
in the South Bay market area in particular.
Page 16
7-'1~
Page 17
4. Historical Residential Market Data: Consultant
shall compile relevant historical data on the San
Diego County and South Bay market area for -sale
housing markets. Key residential market factors to
be examined will include such things as new detached
home sales and inventory trends, sales and inventory
by price range, sales rates by price range, building
permit issuance, resale market trends, etc.
5. Active Residential Project Overview Consul~nt
shall survey residential projects (detached) in the
Project's relevant market area (largely the South
Bay). Project information will include market
orientation, number of units planned, offered and
sold, product types, square footage range, base price
ranges, premiums, incentives, amenities, buyer and/or
tenant profile, absorption rate, etc. As part of
this analysis, Consultant shall evaluate recent price
changes and an absorption analysis will be conducted
for the sell-out of active projects.
6. Master Planned Community Case Studies A
selected number of similar large -scale residential
projects in the San Diego County market area shall be
analyzed by the Consultant. Survey will focus on key
characteristics (size, setting, product array, unit
and price ranges, community amenities, buyer
profiles), sales performance (yearly sales, marketing
characteristics), and other comments. Survey will be
used to identify the annual absorption potential and
market capture of the San Diego County houang market
achieved by other well -segmented master planned
communities and will be used to assess sales and
market capture projections.
7. Proposed Project Summary and Detailed Project
Buildout: Consultant shall compile and analyze
information on the most relevant and major planned
and proposed residential developments in the
competitive market area for the Project. To the
extent available, detailed information will be
presented for each project (units, timing, pricing,
etc.). This analysis will cover all projects in
various stages of the approval process in the South
Bay market area. Consultant shall prepare a market-
driven buildout projection for the proposed large
scale South Bay residential projects for use in
reconciling annual supply and demand projections.
7~
Page 18
8. Demand Analysis: Consultant shall conduct a
statistical demand analysis to quantify the future
demand potential for each type of development
proposed for the Project (for -sale residential) .
Demand will be based on a combination of statistical
and judgmental methodologies, and will result in
annual demand projections over the relevant time
frame of the subject project.
9. Conclusions: Consultant shall analyze all of the
above information and draw conclusi ons relative to
current and future market trends and assess the
potential for the development and absorption of
residential uses as proposed for the Project.
10. Absorption Projection: Based on the above
analysis, Consultant shall provide written
recommendations with regard to anticipated absorption
of the proposed residential development in the
Project. Absorption estimates will take into account
such things as expected market trends, community
positioning, infrastructure timing, etc. Absorption
estimates will cover the anticipated period to buila
out of the community on a quarterly or annual basis
(format to be determined with appraiser) .
11. Consultant will attend all coordination meetings
as needed and work with the project appraiser to
ensure the most accurate results.
12. Consultant will provide check prints (as required by
the City) of the Market Analysis and Market
Projection for comments at the coordination meetings.
13. Consultant will provide to the City 2 bound and
10 unbound copies of the Market Analysis and Market
Projection upon completion.
14. Consultant will provide an electronic version of
the absorption study in a format acceptable to City
so that the City can make the report available to the
underwriter or other party.
15. Consultant will work with the Project owners to
obtain the following:
Detailed information on current business plan
projections for the development (absorption, product
7-51
pricing and lot or land values), as well as details
on proposed residential, timing, phasing, etc).
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Upon written request by the City Engineer, a draft market
absorption report and a final market absorption report
for a CFD described in Exhibit ~ which include all tasks
identified in 8.a above, shall be delivered to the City
on or before the dates specified the request.
D. Date for completion of all Consultant services:
The date specified in writing by the City Engineer when
requesting a report for a particular CFD. In no event
shall the report be completed more than 6 weeks after the
City Engineer directs Consultant to commence preparation
of the report.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
() Auto Liability Insurance: $1,000,000.
(X) Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage)
() Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage)
(X) Professional Liability Insurance:
Per Claim: $1,000,000
Aggregate: $1,000,000
10. Materials required to be supplied by City to Consultant:
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A. Make available maps, records, plans, and any
documentation provided by CFD applicant.
B. Schedule project meetings, Council meetings and hearings
as required by the Government Code.
11. Compensation:
A.
( )
Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant
as herein require d, City shall pay a single fixed fee in the
amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
1. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end of
each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be
considered as interest free loans, which must be
returned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that phase.
The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim
paYment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase sh~l be assessed in the sole
and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
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Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practice of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
payment.
B.
Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee assocBted with each phase of Services, in
the amounts and at the times or milestones or Deliverables set
forth. Consultant shall not commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, unless City
shall have issued a notice to proceed to Consultant as to said
Phase.
Phase
Fee for Said Phase
1 .
$
2 .
$
3 .
$
1. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end of
each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be
considered as interest free loans, which must be
returned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that phase.
The retention amount or percentage set forth in
Paragraph 19 is to be applie d to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered discretion by the Contracts
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Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practice of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
paYment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive hours
of time spent by Consultant in the performance of said Services, at
the rates or amounts set forth in the Rate Sche dule herein below
according to the following terms and conditions:
(1) (X) Not-to-Exceed Limitation on Time and Materials
Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximu~ompensation
amount, Consultant agrees that for each Project listed in
Exhibit C Consultant will perform all of the Defined
Services herein required of Consultant for the amount
shown in Exhibi t C' s col umn labeled "Maximum
Compensation" including all Materials, and other
"reimbursables" ("Maximum Compensation"). There is no
surplus or deficit carryover between individual Pr"ojects.
(2) ( ) Limitation without Further Authorization on
Time and Materials Arrangement
At such time as Consultant shall have incurred time
and materials equal to ("Authorization
Limit"), Consultant shall no t be entitled to any
additional compensation without further authorization
issued in writing and approved by the City. Nothing
herein shall preclude Consultant from providing
additional Services at Consultant's own cost and expense.
Rate Schedule
See Exhibit 'B'.
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12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant
in the performance of services herein required, City shall pay
Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
Reports, not to exceed $
Copies, not to exceed $
Travel, not to exceed $
Printing, not to exceed $
Postage, not to exceed $
Delivery, not to exceed $
Long Distance Telephone Charges,
not to exceed $
Other Actual Identifiable Direct Costs:
not to exceed $
, not to exceed $
13. Contract Administrators:
City: Sohaib AI-Agha, City Engineer
Consultant: Peter Dennehy, Managing Director
14. Liquidated Damages Rate: N/A
$ per day.
Other:
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
( ) Not Applicable. Not an FPPC Filer.
() FPPC Filer
Category No.1. Investments and sources of income.
Category No.2. Interests in real property.
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Category No.
property and
regulatory,
department.
3. Investments, interest in real
sources of income subject to the
permit or licensing authority of
the
Category No.4. Investments in business entities
and sources of income which engage in land
development, construction or the acquisition or
sale of real property.
() Category No.5. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or
equipment.
Category No.6. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the designated
employee's department to provide services,
supplies, materials, machinery or equipment.
Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property
within 2 radial miles of Project Property, if any:
16. ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
NONE
18 Bill Processing:
A. Consultant's Billing to be submitted f or the following
period of time:
) Monthly
) Quarterly
X ) Other: Based on Deliverables of Exhibit C
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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: Will be assigned for each CFD.
19 Security for Performance
Performance Bond, $
Letter of Credit, $
Other Security:
Type:
Amount: $
) 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, either the following "Retention Percentage" or
"Retention Amount" until the City determines that the
Retention Release Event, listed below, has occurred:
) Retention Percentage:
) Retention Amount: $
9-
o
Retention Release Event:
Completion of All Consultant Services
Other:
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Exhibit 'c'
Not to exceed maximum compensation limits.
Milestone Maximum
Project (See Section 8, Scope of Compensation
Work)
Village 2 & 7 Otay Deliverable 1 (Draft
Ranch* Absorption Report)
Deliverable 2 (Final $15,000
Absorption Report)
Village 11 Second Deliverable 1 (Draft
Bond Sale Absorption Report)
Deliverable 2 (Final $15,000
Absorption Report)
Village 7, & Eastern Deliverable 1 (Draft $
Urban Center / Absorption Report)
Freeway Commercial -
McMillin
Deliverable 2 (Final $715,000
Absorption Report)
San Miguel Ranch Deliverable 1 (Draft $
Second Bond Sale Absorption Report)
Deliverable 2 (Final $715,000
Absorption Report)
Total $60,000
*If Village 7 and Village 2 CFD's have separate districts created
then the maximum compensation amount will be $15,000 for each
district.
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Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
McGill Martin Self, Inc
For Special Tax Consultant Services for the Formation of
Community Facilities Districts within the
City Of Chula Vista Pursuant to the Mello-Roos
Community Facilities Act of 1982
This agreement ("Agreement") , dated August 24, 2004 for the
purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City") , whose business form is
set forth on Exhibit A, paragraph 3, and McGill Martin Self, Inc
the entity indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form i s set forth on Exhibit A,
paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, paragraph 6 ("Consultant") , and is made
with reference to the following facts:
Recitals
Whereas, the City is desirous of retaining a firm to provide
project management and special tax consultant services in order to
ensure the timely formation of Community Facility Districtsor the
financing of public infrastructure for development projects in
Eastern Chula Vista as further defined in Exhibit C of this
Agreement; and
Whereas, Consultant was selected based on the quality of
previous similar work performed in association with the City's
formation of Community Facilities Districts in other parts of
Eastern Chula Vista; and
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement.
(End of Recitals. Next Page starts Obligatory Provisions.)
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Obligatory provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do
hereby mutually agree as follows:
l. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the
attached Exhibit A, Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties II , Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled " Scope of Work and
Schedule" , not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being
of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to
complete the Defined Services by the times indicated does not,
except at the option of the City, operate to terminate this
Agreement.
· C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from
time to time reduce the Defined 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.
D. Additional Services
· In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional consulting
services related to the Defined Services ("Additional Servicesll)/
and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform sameon a
time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph 11 (C) , unless a separate fixed
fee is otherwise agreed upon. All compensation for Additional
Page 2
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7~~)...;
Services shall be paid monthly as billed. All additional slfvices
shall be approved in writing by the City Manager with a revised
Exhibit C setting forth maximum compensation limits.
E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in a
manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. 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 again~ 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 lIA, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in theamount set forth in Exhibit A,
Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City as an Additional Insured, and which is primary to any
policy which the City may otherwie carry (" Primary Coverage") , and
which treats the employees of the City in the same manner as
members of the general public ("Cross-liability Coverage") .
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(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, and further indicating that the policies may not be canceled
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P_o._.._,_ .. ___'._._ . __ _.. _m_. ,..___.____"__.___·".__'___n~__~ --'..
without at least thirty (30 ) days written notice to the Additional
Insured.
(2 ) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage,
Primary Coverage and Cross -liability Coverage required under
Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Performance Bond") , then Consultant shall
provide to the City a performance bond by a surety and in a form
and amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance
Bond", in said Paragraph 19, Exhibit A.
(2 ) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Letter of Credit"), then Consulta nt shall
provide to the City an irrevocable letter of credit callable by the
City at their unfettered discretion by submitting to the bank a
letter, signed by the City Manager, stating that the Consultant is
in breach of the terms of this Agreement. The 1 etter of credit
shall be issued by a bank, and be in a form and amount satisfactory
to the Risk Manager or City Attorney which amount is indicated in
the space adjacent to the term, "Letter of Credit", in said
Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of Credit (indicated by a check mark
. in the parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Consultant shall provide to the
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7-6'1
City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the plJPDse of
reviewing the progress of the Defined Services and Schedule therein
contained, and to provide direction and guidance to achieve the
objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the
term of the agreement. In addition thereto, City agrees to provide
the information, data, items and materials set forth on Exhibit A,
Paragraph 10, and with the further understanding that delay in the
provision of these materials beyond ~ days after authorization to
proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on the
day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant
according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph 19
of Exhibit A, and shall compensate Consultant for out of pocket
expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient
information as to the propriety of the billing to permit the City
to evaluate that the amount due and payable there under is proper,
and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such
payment.
3 . Administration of Contract
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-,-~-- --- --------- _."_.,._'___...n____<____..._ __ ______.___.._~_.____~__.___._
Each party d esignates the individuals ( "Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4 . Term.
This Agreement shall terminate when the Parties have complied
with all executory provisions hereof or on August 24, 2007,
whichever date occurs sooner.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence
in the completion of this Agreement. It is difficult to estimate
the amount of damages resulting from delay in performance. The
parties have used their judgment to arrive at a reasonable amount
to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calmdar day in excess of
the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City, or
have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in writing
to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Ex tensions of time, when
granted, will be based upon the effect of delays to the work and
will not be granted for delays to minor portions of work unless it
can be shown that such delays did or will delay the progress of the
work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an
"FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the P olitical Reform Act conflict of interest and
Page 6
7--6b
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such
reporting categories as are specified in Paragraph 15 of Exhibit A,
or if none are specified, then as determined by the City Attorney.
B. 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.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulat ions
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. 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 there under.
F. 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
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interest, directly or indirectly, whatsoever in any property which
may be the subject matter of the Defined Services, or in any
property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services,
{"Prohibited Interest"}, other than as listed in Exhibit A,
Paragraph 15.
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
in connection with 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, except with
the written permission of City.
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,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless
the City, its elected and appointed officers and employees, from
and against all claims for damages, liability, cost and expense
(including without limitation attorneys fees) arising out of or
alleged by third parties to be the result of the negligent acts,
errors or omissions or the willful misconduct of the Consultant,
and Consultant's employees, subcontractors or other persons,
agencies or firms for whom Consultant is legally responsible in
connection with the execution of the work covered by this
Agreement, except only for those claims, damages, liability, costs
and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willúl misconduct of the
City, its officers, employees. Also covered is liability arising
from, connected with, caused by or claimed to be caused by the
active or passive negligent acts or omissions of the City, its
agents, officers, or employees which may bein combination with the
active or passive negligent acts or omissions of the Consultant,
its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional
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errors or omissions, Consultant shall defend, ind emnify, protect
and hold harmless the City, its elected and appointed officers and
employees, from and against all claims for damages, liability, cost
and expense (including without limitation attorneys fees) except
for those claims arising from the negli~nce or willful misconduct
of City, its officers or employees.
Consultant's indemnification shall include any and all costs,
expenses, attorneys fees and liability incurred by the City, its
officers, agents or employees in defending against such claims,
whether the same proceed to judgment or not. Consultant's
obligations under this Section shall not be limited by any prior or
subsequent declaration by the Consultant. Consultant's obligations
under this Section shall survive the termination of this Agsment.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenan ts,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other materials
prepared by Consultant shall, at the option of the City, become the
property of the City, and Consultant shall be entitled to receive
just and equitable compensation for any work satisfactorily
completed on such documents and other materials up to the effective
date of Notice of Termination, not to exceed the amounts payable
hereunder, and less any damages caused Cityp Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance of
work under this Agreement has resulted in expense to City greater
than would have resulted if there were no such negligence, errors,
omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit
City's rights under other provisions of this agreement.
10. Termination of Agreement for Conveniehce of City
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City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In
that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. I f the Agreement is
terminated by City as provided in this paragraph, Consultant shall
be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials
to the effective date of such termination Consultant hereby
expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City.
City hereby consents to the assignment of the portions of the
Defined Services iden tified in Exhibit A, Paragraph 17 to the
subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be subject
to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written
consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of
the Public Records Act) , distribute, and otherwise use, copyright
or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under
this Agreement. Any reuse by City on any project other than th e
project for which such materials were originally intended shall be
at the City's sole risk.
13 . Independent Contractor
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City is interested only in the results obtained and Consultant
shall perform as an independent contractor ~h sole control of the
manner and means of performing the services required under this
Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's
agents, employees or representatives ar e, for all purposes under
this Agreement, an independent contractor and shall not be deemed
to be an employee of City, and none of them shall be entitled to
any benefits to which City employees are entitled including but not
limited to, overtime, retiremen t benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City
will not withhold state or federal income tax, social security tax
or any other payroll tax, and Consultant shall be solely
responsible for the payment of sa me and shall hold the City
harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first bere presented
in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated byhis reference
as if fully set forth herein, and such policies and procedures used
by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good
faith with City for the purpose of resolving any dispute over the
terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a repormr document, or
participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the
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".__._....~,.._---_._._---,..,-_.- -----_._._-_..._-----~,-,---+._-_..._--------_..
numbers and cost in dollar amounts of all contr acts and
subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consul ant
shall have no authority to act as City's agent to bind City to any
contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate broker
or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers
or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to
be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement and
understanding between the parties relating to the subjec t matter
hereof. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents
to the other party that it has legal authority and capacity and
direction from its principal to enter into this Agreement, and that
Page 12
7~7)-
all resolutions cr other actions have been taken so as to enable it
to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
Page 13
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^----- _ . '.__'m'___._______..__.._..___ _ _ ______.__. ,., __ __ _____.__...~___._______.____
Signature Page
to
Agreement between City of Chula Vista
and McGill Martin Self. Inc
For Special Tax Consultant Services for the Formation
of Community Facilities Districts within the
City of Chula Vieta Pursuant to the Mello-Roos
Community Facilities Act of 1982
IN WITNESS WHEREOF, City and Consultant have executed
this Agreement thereby indicating that they have read and
understood same, and indicate their full and complete
consent to its terms:
Dated: , 200 City of Chula Vista
-
by:
Stephen C.Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, city Attorney
Dated:
Name: K:iehad 1/.. McG111. P.E.
Title: Pres1de'I1C
Exhibit List to Agreement
(X) Exhibits A, B-1, B-2, and c.
7-'7'/
Exhibit A
to
Agreement between
City of Chula Vista
and
McGill Martin Self, Inc
1. Effective Date of Agreement: August 24, 2004
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation
of the State of California
( ) Redevelopment. Agency of the City of Chula Vista, a
political subdivision of the State of California
( ) Industrial Development Authority of the City of Chula
Vista, a
( ) Other: , a
[insert business form]
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
McGill Martin Self, Inc
5 . Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
344 F Street, Suite 100
Chula Vista, CA 91910
Voice phone (619) 425 -1343
Page 15
7-1!)
_"......._ _~._u.__._.~ _ _____"._+.n___ , ....-...,-.-..---,-...-- ._-_.,-,...-_._~--~-------_..".
Fax Phone (619) 42501357
7. General Duties:
Oversee the establishment of Community Facility Districts
(CFDs) . Develop and maintain concise work plans that idmtify
critical issues; Establish lines of responsibilities; Prepare
and maintain detailed schedule with milestones; Communicate
responsibilities to all parties; Conduct meetings, as needed,
to maintain project's schedule; Document project meetings and
decisions including agenda, action plans and minutes; Track
project progress and issue status reports;
Coordinate the work of the financing team; Provide special tax
consultant services; Prepare the Engineer's report or Special
Tax Report; Prepare the acquisi tion/financing agreement;
Recommend financial district boundaries; Coordinate with
property owners within the proposed boundaries; Form financial
district; Assist City in the administration of CFD; Prepare
tables, exhibits and analyses for the bond sale; Provide CFD
audit services and Development Impact Fee (DIF) audit services
related to CFD; Review financing documents and prepare staff
reports and Council agenda items.
8. Scope of work and Schedule:
A. Detailed Scope of Work
Task 1 - Preliminary Analysis:
a. Collect data to describe the parcels to be included in each
of the CFDs. This information will be garnered from various
City of Chula Vista, developer or representative,
consultants or any other available resources.
b. Assist finance team in the describing CFD district, land
uses¡ densities, etc. I as well as proposed facilities to be
acquired. These will be prepared based on the City of Chula
Vista Policies and the Public Works and Finance Department
recommendations.
c.Act as the interface between the developers and the City for
resolution of issues including:
a. Facilities to be included in the District
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7M'76
b. DIF credits and Non-DIF improvements
c. Timing of improvements (public vs. private)
d. Begin to assess the structure and content of the
Acquisition/Finance Agreement (A/FA)
e. Begin to assess the structure and content of the Rate
and Method of Apportionment
d. Document issues, meetings, project progress and decisions,
and report thereon to the City Engineer, as applicable.
Facilitate district formation by monitoring progress, acting
as departmental liaison, arranging meetings with staff,
developers, engineers, and coordinating information between
the various parties.
Task 2 - District Resolution of Intention:
a. Prepare a CFD boundary map which illustrates the proposed
district boundaries, any zones or improvement areas, as
determined by the finance team and the City.
b. Prepare a preliminary Rate and Method of Apportionment (RMA)
for the district which illustrates the proposed land use,
densities, rate of assessment(s), methodology of the special
tax assessment, back up tax rate, improvement area
description and assessments, prepare and modify the
definitions to be used, prepayment schedule and exempt
acreage calculation, and any other components required.
c. Identify and provide analysis for each of the Improvement
Areas being proposed, related to units, TDIF obligations,
square footages, special tax levy, tables, and other
supporting elements.
d. Develop the necessary spreadsheets and tables that
illustrate the value to lien ratio, potential bond sizing,
TDIF tables, 2% analysis, etc.
e. Prepare the Intention Council Agenda Statements (CAS) as
requested to the satisfaction of the City Engineer. MMS to
attend City Council meeting(s) and be prepared to present
information and answer questions regarding the district
formation.
f. Assist the City and finance team in assuring that the CFD
formation is in compliance with the formation of the Mellos-
Roos Community Facilities Act of 1982.
g. Coordinate with the work of the financing team comprised of
a financial advisor, MAI appraiser, market absorption
consultant, bond underwriter, bond counsel, or other related
consultant expert to establish a public financing district
to meet the project requirements of the Act and are
performed in a timely manner or as prescribed in the Act.
Page 17
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n__. .. _.___....__ u.~.._~ ~__ _..~." . ,·.u·.···,.__. -- - -_._..__._------~-_._.._-------- -~..,-
h. Identifying issues that impact the project schedule. Once an
engineering decision or other issues are identified, the
Consultant shall immediately propose an action plan or
strategy and to communicate a solution to all responsible
parties and follow through on required actions.
i. Assist the finance team in developing and tracking the
necessary attachments required for the formation processing
of the CAS. These include, but not limited to:
spreadsheets, analysis tables, list of eligible facilities,
housing prices, building permits, property owners, etc.
Task 3 - District Resolution of Formation:
a. Coordinate with the work of the financing team regarding the
formation documents, ballots and public hearing proceedings.
b. Prepare the Formation Council Agenda Statements (CAS) as
requested to the satisfaction of the City Engineer. MMS to
attend City Council meeting(s) and be prepared to present
information and answer questions regarding the district
formation.
c. Prepare the "Special Tax Report" for the district and
provide as an attachment.
d. Record the boundary map and other exhibits as directed or
necessary for the processing of the formation documents.
e. Assist the finance team in the preparation of the required
ballots, garner signatures, attend the election, develop the
property owner letter, and implementation of the procedures.
Coordinate with the City Clerk office in the ballot
procedures, election and certificates.
f. Prepare tables and other information required by the bond
counsel and the Underwriter for inclusion in the disclosure
documents.
Task 4 - District Bond Sale Agreements and Acquisition
/Financing Agreement:
a. Prepare the Bond documents Council Agenda Statement (CAS) as
requested to the satisfaction of the City Engineer. MMS to
attend City Council meeting(s) and be prepared to present
information and answer questions regarding the district
formation.
b. Prepare the necessary attachments for the CAS and coordinate
with the finance team regarding required elements, i.e.
preliminary official statement, market absorption,
appraisal, bond indenture, disclosure statements,
certificates, etc.
c. Adjust as necessary the bond sizing and impacts to the value
Page 18
7~'18
.
to lien ratio. If necessary coordinate with the developer
to obtain a letter of waiver to the City's Policies.
d. File a Notice of Special Tax Lien with the County.
e. Prepare tables and other information required by the bond
counsel and the Underwriter for inclusion in the Acquisition
/Financing Agreement.
f. Prepare a Development Impact Fee (DIF) analysis for the
district including a detailed cost estimate, comparison of
facility cost vs total fee obligation of the district and a
spread of DIF credits broken down by planning area.
Task 5 - District Auditing Services:
a. Provide auditing services for the District for each of the
proposed Improvement Areas in compliance with each
Acquisition Agreement, the Mello-Roos act, the City's
adopted policies and procedures.
b. Prepare the change order Council Agenda Statements (CAS) as
requested to the satisfaction of the City Engineer. MMS to
attend City Council meeting(s) and be prepared to present
information and answer questions regarding the district
formation.
c. Review the proposed reimbursable audit package for
completeness and bring to the attention of the City and/or
applicant missing information, determine the improvements,
change order concerns, etc.
d. Meet with City representatives to discuss the merits of the
audit, TDIF/Non-TDIF facilities, and City's acceptance of
the particular facility.
e. Prepare the required spreadsheet for the district and verify
the percentages, improvement area(s), confirm that the
applicant has met the reimbursement criteria.
f. Review and cross-reference the proposed reimbursable costs
and improvements with the approved A/FA for each District.
g. Prepare the necessary documents, spreadsheets, and/or tables
for the submittal of the recommendation to the City for
payment.
h. Meet with the appropriate City representative and/or
inspector to determine that the facility meets the City
standard and a Certificate of Acceptance has been filed.
i. Prepare and update for each District an audit log by payment
request for reference and retrieval.
j. Submit a recommendation package regarding the reimbursement
request to the City of approval and track the process.
B. Date for Commencement of Consultant Services:
() Same as Effective Date of Agreement
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. -- --,--_.~--_..._._.~.._--_.-----_.._..~-----~_..__. '..,_._----,-----~---_.-
( ) Other: Upon direction of the City Engineer,
Consultant may commence work on a
particular CFD/Project.
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1 : Complete the Preliminary Analysis
including a summary of all data
collected and facilities/cost
information from Task 1. Submit the
required CFD documents as described
within Task 2 for the Resolution of
Intention (ROI) , including the full
description of the district's
facilities, improvement areas or
zones, facilities cost estimate, the
proposed RMA, the annual maximum
special tax rates and backup tax
calculations. Consultant will
prepare the appropriate agenda
statements for the intention to form
the District. All tasks for
Deliverable No. 1 shall be completed
by the Consultant 21 days prior to
the Resolution of Intention.
· Deliverable No. 2: Submit the required CFD documents as
described within Task 3 for the
Resolution of Formation
(ROF) including determining the
registered voter status and prepare
council agenda statement for the
formation and final "Special Tax
Report" , special tax ballot and
prepare and assist in the
advertising of the Notice of public
hearing. All tasks for Deliverable
· No. 2 shall be completed by the
Consultant 21 days prior to the
Resolution of Formation.
Deliverable No. 3 : Submit the required CFD documents as
described within Task 4 for an
initial bond sale and the
Acquisition / Financing Agreement,
Page 20
·
7-;0
including tables for inclusion in
the Preliminary Official Statement
and other bond documents or other
situations requested by the City
and/or the developer. All tasks for
Deliverable No. 3 shall be completed
prior to the Bond Sale.
Deliverable No. 4: Process a change of proceedings, may
include but not limited to
annexation, cessation, modifications
to approved documents, or other
situations requested by the City
and/or the developer.
Deliverable No. 5 : Submit the required CFD documents as
described within Task 4 for a second
bond sale, including tables for
inclusion in the Preliminary
Official Statement and other bond
documents or other situations
requested by the City and/or the
developer. All tasks for Deliverable
No. 3 shall be completed prior to
the Bond Sale.
Deliverable No. 6 : Performing the required auditing
services as given in Task 5 of the
scope of work. Consultant shall be
paid for deliverable No.6 upon
completion of each audit package.
D. Date for completion of all Consultant services:
The date specified in writing by the City Engineer when
directing that a task be initiated for a particular
CFD/Proj ect. Excluding auditing services, m no event shall a
Project be completed more than one (1) year after the City
Engineer directs Consultant to commence work on the Project.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Auto Liability Insurance: $1,000,000.
Page 21
7-1/
~--_.._..._. ..~ ~"..__.._-,_._. ~ ,...-- --.- _._---_._._~_._...._----
(X) Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage) .
( ) Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage)
(X) Professional Liability Insurance:
Per Claim: $1,000,000
Aggregate: $1,000,000
10. Materials required to be supplied by City to Consultant:
A. Make available maps, records, plans, a nd any
documentation provided by CFD applicant.
B. Schedule project meetings, Council meetings and hearings
as required by the Government Code.
11. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant
as herein required, City shall pay a single fixed fee in the
amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
( ) l. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end of
each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be
considered as interest free loans, which must be
returned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the Ci ty shall receive
credit against the compensæion due for that phase.
The retention amount or percentage set forth in
Page 22
7-1.1-
paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practice of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
payment.
B. ( ) Phased Fixed Fee Arrángement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services, in
the amounts and at the times or milestones or Deliverables set
forth. Consultant shall not commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, unles City
shall have issued a notice to proceed to Consultant as to said
Phase.
Phase Fee for Said Phase
1. $ .
2 . $
3. $
( ) 1. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end of
each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be
considered as interest free loans, which must be
Page 23
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-'~.._'--" - ---- _.__...m__~__~·,~·___~___·~~_~·_·
returned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that phase.
The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered disc retion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practice of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive hours
of time spent by Consultant in the performance of said Services, at
the rates or amounts set forth in the Rate Schedule herein below
according to the following terms and conditions:
(1) (X) Not-to-Exceed Limitation on Time and Materials
Arrangement
Notwithstanding the expenditure by Consultant of
time and materia£ in excess of said Maximum Compensation
amount, Consultant agrees that for each Project listed in
Exhibit C Consultant will perform all of the Defined
Services herein required of Consultant for the amount
shown in Exhibit C's column labeled "Maximum
Compensation" including all Materials, and other
"reimbursables" ("Maximum Compensation") . There is no
surplus or deficit carryover between individual Projects
and/or the deliverables associated with each Project.
(2 ) ( ) Limitation without Further Authorization on
Time and Materials Arrangement
Page 24
7 ..P'i
At such time as Consultant shall have incurred time
and materials equal to ( "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 from provi ding
additional Services at Consultant's own cost and expense.
Rate Schedule
See Exhibits B-1 and B-2.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant
in the performance of services herein required, City shall pay
Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
( ) Reports, not to exceed $ :
( ) Copies, not to exceed $ :
( ) Travel, not to exceed $ :
( ) Printing, not to exceed $ :
( ) Postage, not to exceed $ :
( ) Delivery, not to exceed $ :
( ) Long Distance Telephone Charges,
not to exceed $
( ) Other Actual Identifiable Direct Costs:
, not to exceed $ :
, not to exceed $ :
13 . Contract Administrators:
City: Sohaib Al-Agha, City Engineer
Consultant: Greg B.Mattson, Principal Consultant
14. Liquidated Damages Rate: N/A
( ) $ per day.
Page 25
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~-'" ~-_. -- - - -----~.~.._--_.._.,--~,-_.._._----",..._--_._~~~---~-~----
( ) Other:
15. Statement of Economi c Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
( ) Not Applicable. Not an FPPC Filer.
(X) FPPC Filer
( ) Category No. lo Investments and sources of income.
( ) Category No. 2. Interests in real property.
(X ) Category No. 3 . Investments, interest in real
property and sources of income subject to the
regulatory, permit or licensing authority of the
department.
(X ) 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.
(X) 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 to provide services, suppl ies,
materials, machinery or equipment.
( ) Category No. 6. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the designated
employee's department to provide services!
supplies, materials, machinery or equipment.
( ) Category No. 7. Business positions.
( ) List "Consultant Associates" interests in real property
within 2 radial miles of Project Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
.
17. Permitted Subconsultants:
NONE
Page 26
7-/10
18 Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
( ) Monthly
( ) Quarterly
(X ) Other: Based on Deliverables of Exhibit C
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: Will be assigned for each CFD.
19 Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) 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, either the following "Retention Percentage" or
"Retention Amount" until the City determines t hat the
Retention Release Event, listed below, has occurred:
( ) Retention Percentage: %
-
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
Page 27
7-P7
..~.--.._.- -~". , -,..."--,~.~ "-----,-,_.._-_._.._~-----_.,---
Exhibit 'B-1'
McGill Martin Self, Inc.
CHARGE RATE SCHEDULE (August 17, 2004 to August 17, 2005)
Principal . ............................. ................................ ............................. .................. ... ............................ $185, OOlhour
Manager: Engineering/Land Planning/SurveyinglEconomics........................... .............. ................... $155 .001hour
Senior Professional" ......, ..................... .................... ................................................................ ........... $145 .001hour
Associate Professional" ....... ..................................................,............. ............................................... $135. OOlhour
Assistant Professional" ,...........................................................,.....................,.................................... $120.00Ihour
Senior Designer... ................................., ...... .................... ,................................ ......... ..........,............. $1 OO.OOlhour
Para Professional/Computer Technician................... ........................................................................... $ 80.001hour
Secretary/Clerk............... ..................................................................,.................................................. $ 65.001hour
One (1) Person Survey Crew .............................................................................................................. $145.00Ihour
Basic Survey Crew"" ............................................................................,....................................... ...... $220.00Ihour
Three (3) Person Survey Crew......................... ..................... ..................... ......................................... $340.00Ihour
Principal: Forensic and Development Consulting ......................................,..................................... $350.00Ihour
(Court appearances, depositions, and/or "standby": Ooe-day minimum charge, half-day increments thereafter, for
continuous activities).
* Applies for all professional staff: Engineers, Planners, Economists, Surveyors, Architects, and Landscape
Architects.
"" Basic Crew consists of a) Party Chief, Chain person, and "Total Statioo" or b) a One-Person Survey Crew with
Robotic Equipment.
Page 28
7--.11
Exhibit 'B-2'
McGill Martin Self, Inc.
CHARGE RATE SCHEDULE
(June 27, 2005 to August 24, 2007)
Principal........................................................................................................................................... . $195. OO/hour
Manager: EngineeringlLand Planning/Surveying/Economics.......................... .................................. $165. OO/hour
Senior Professional' ........................................................................................................................... $155 .OO/hour
Associate Professional' ...................................................................................................................... $145 .OO/hour
Assistant Professional' ........ ........ ....................................................................................................... $130.00/hour
Senior Designer $ 110.00/hour
Para Professional/Computer T ecbnician.......................... .................................................................... $ 90.00/hour
Secretary/Clerk ............................................................................................. ....................................... $ 70.00/hour
One (1) Person Survey Crew .............................................................................................................. $150.00/hour
Basic Survey Crew" ................................................................................. ......................................... $230.00/hour
Three (3) Person Survey Crew................... ........... ................... ........................................................... $350.00/hour
Principal: Forensic and Development Consulting............................................................................ $375.00/hour
(Court appearances, depositions, andlor "standby": One-day minimum charge, half-day increments thereafter, for
continuous activities).
. Applies for all professional staff: Engineers, Planners, Economists, Surveyors, Architects, and Landscape
Architects.
" Basic Crew consists of a) Party Chief, Chain person, and "Total Station" or b) a One-Person Survey Crew with
Robotic Equipment.
Page 29
7~Pl
. - --- ~ . '. ---~~,._-~-~~-~_._~----
Exhibit 'C'
Not to exceed maximum compensation limits.
Milestone Maximum
Project (See Section 8, Scope of Compensation
Work)
Village 2 & 7 Otay Deliverable 1 (ROI) $60,000
Ranch*
Deliverable 2 (ROF) $36,000
Deliverable 3 (Bond & A/FA) $12,000
Deliverable 6 (Audit ) $54,000
Village 7 & Eastern Deliverable 1 (ROI) $60,000
Urban Center/Freeway
Commercial- McMillin
Deliverable 2 (ROF) $36,000
Deliverable 3 (Bond & A/FA) $12,000
Deliverable 6 (Audit) $54,000
Village 11 Second Deliverable 5 (Second Bond $25,000
Bond Sale Sale)
Deliverable 6 (Audi t) $20,000
San Miguel Ranch Deli verable 4 (Change 0 f $25,000
Second Bond Sale Proceeding)
Deliverable 5 (Second Bond $25,000
Sale)
Deliverable 6 (Audi t) $30,000
Total $449,000
*If Village 2 and Village 7 under the Otay Ranch Ownership are
separated and formed as individual CFD districts then the Maximum
compensation amount will not to exceed the amounts as follows: ROI
$50,000, ROF $30,000, Bond & A/FA $10,000, Audit $45,000 for each
of the CFD's.
Page 30
7-'10
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COUNCIL AGENDA STATEMENT
Item B
Meeting Date 08/24/04
ITEM TITLE: Resolution establishing a new capital improvement project
"Transit Facilities Citywide" (STL-312) for transit bus stop
improvements at various locations in Eastlake and Otay Ranch and
appropriating $310,332 from the Transit Capital Project Fund.
SUBMITTED BY: Di='ocofG~~"S~i~ L
Director OfPUbli~ Works Operations
REVIEWED BY: City Manager q,J r:f' ( /Sths Vote: Yes X No--,>
In the development process of the Eastlake and Otay Ranch communities the need for future
transit service was apparent. As part of the provision to provide quality transit service to the
residents of these communities there will be a need for bus stop improvements such as benches,
shelters and ADA landing pads to accommodate passengers utilizing the service.
RECOMMENDATION: That Council approve the resolution.
BOARDS/COMMISSION: N/A
DISCUSSION:
The City of Chula Vista Transit division is preparing to extend transit service to various
locations in the Eastlake and Otay Ranch Communities. Prior to and part of extending these
services will be the need for improvements at various bus stop locations within these
communities. The scope of work will include but is not limited to design, the construction
and/or placement of benches, shelters and ADA landing pads to accommodate passengers
benefiting from the service.
In order to maximize the City's expenditure of developer funds for such improvements, staff is
recommending that the funds be allocated to the establishment of a new capital improvement
project specific to providing the design and construction of the above referenced scope of work.
The approval of the resolution will authorize the transfer of the developer funds to the Transit
Capital Fund and appropriating said funds to the establishment of a new capital improvement
project ''Transit Facilities Citywide" (STL-3l2) for the necessary bus stop shelter improvements
as part of the extension of transit service to the Eastlake and Otay Ranch communities.
FISCAL IMPACT: There is no impact on the General Fund as the funds for these
improvements have been provided for as part of the obligation of the developer and are now
being transferred to a capital improvement project. Approval of this resolution will result in an
appropriation of $310,332 to a new capital improvement project "Transit Facilities Citywide"
(STL-312) for transit bus stop improvements from a developer deposit account.
¥'I
File: J:IGENERAL SERVlCESIGS ADMINISTRA TIONlCOUNCIL AGENDAISTL312 BUS STOP SHELTER IMPVTSISTL312 Al13.DOC
___ ___~____._n_··__·____·_'~·___·_____·__·____ _ _ __._.__.~
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A NEW CAPITAL
IMPROVEMENT PROJECT "TRANSIT FACILITIES
CITYWIDE" (STL-312) FOR TRANSIT BUS STOP
IMPROVEMENTS AT VARIOUS LOCATIONS IN EASTLAKE
AND OTAY RANCH AND APPROPRIATING $310,332 FROM
THE TRANSIT CAPITAL PROJECT FUND
WHEREAS, the City of Chula Vista Transit division is preparing to extend
transit service to various locations in the Eastlake and Otay Ranch Communities; and
WHEREAS, extension of transit service will generate the need for
improvements at various bus stop locations within these communities; and
WHEREAS, the scope of work will include but is not limited to design, the
construction and/or placement of benches, shelters and ADA landing pads to
accommodate passengers benefiting from the service; and
WHEREAS, in order to maximize the City's expenditure of developer
funds for such improvements, staff recommends the funds be allocated to the
establishment of a new capital improvement project specific to providing the design and
construction of the above referenced scope of work; and
WHEREAS, there is no negative impact on the General Fund as the funds
for these improvements have been provided for as part of the obligation of the developer.
NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula
Vista does hereby establish a new capital improvement project "Transit Facilities Citywide" (STL-
312) for transit bus stop improvements at various locations in Eastlake and Otay Ranch and
appropriate $310,332 fÌom the Transit Capital Project Fund for said improvements.
Presented by Approved as to form by
Jack Griffin ¿},/." r /Le£
Moore
Director of General Services City Attomey
J:Attomey/Reso/Financelbudget transfer - bus stop improvements (STL-31O)
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PAGE 1, ITEM NO.: ~
MEETING DATE: 08/24/04
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE RECLASSIFICATION OF A VACANT POSITION FROM
SENIOR COMMUNITY DEVELOPMENT SPECIALIST TO PRINCIPAL
COMMUNITY DEVELOPMENT SPECIALIST
,
SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR
HUMAN RESOUR E,S DIRECTOR 4:r CL 1!.If}-
REVIEWED BY: CITY MANAGER (¡ ;)¡v
4/5THS VOTE: YES D NO I X I
BACKGROUND
The Human Resources Department has reviewed the requested reclassification based on increasing
responsibilities and changes in the job duties, as a result, is recommending reclassifying an existing Senior
Community Development Specialist position to Principal Community Development Specialist.
RECOMMENDATION
Adopt the resolution approving reclassifying the vacant Senior Community Specialist position to Principal
Community Development Specialist.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
The Community Development Department is continuing its efforts to reorganize its department to meet
the current and future demands for high quality staff work in three critical areas - Redevelopment,
Economic Development, and oversight of important community programs. The Department has several
vacancies and, through the Human Resources recruitment process, is actively recruiting in a highly
competitive and specialized labor market. The Department has determined, and Human Resources
concurs, that reclassification of the current Senior Community Development Specialist to Principal
Community Development Specialist will appeal to a broader pool of applicants and will attract the
needed knowledge, skills, and experience required to meet the needs of the City.
FISCAL IMPACT
The current vacant position was budgeted at $74,362 and the new position would be offered at
$80,480. This is an approximate 8% increase. The Department can absorb this increased cost because
of salary savings accrued from the existing vacant positions.
J:\COMMDEY\ST AFF.REP\2004\08-24-04\Reclass;fica';an.dac
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..__.__._______"".~.._.__.,"_____,..~~_~_._n_~._.
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE RECLASSIFICATION OF A VACANT
POSITION FROM SENIOR COMMUNITY DEVELOPMENT
SPECIALIST TO PRINCIPAL COMMUNITY DEVELOPMENT
SPECIALIST
WHEREAS, the Community Development Department is continuing its efforts to reorganize
to meet the current and future demands for high quality staff work in three critical areas:
Redevelopment, Economic Development, and oversight of Important community programs; and
WHEREAS, the Department has several vacancies and is recruiting in a highly competitive
and specialized labor market; and
WHEREAS, in order to attract the needed knowledge, skills and experience, reclassification
of an existing Senior Community Development Specialist to a Principal Community Development
Specialist is recommended; and
WHEREAS, the Human Resources Department has reviewed the requested reclassification
and concurs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that It
hereby approves the reclassification of a vacant Senior Community Development Specialist position to
Principal Community Development Specialist.
Presented by Approved as to form by
~t\'ffi~~\\~1C~<;0\
Laurie Madigan Ann Moore "-
Director of Community Development City Attomey
J :\COMMDEV\RESOS\2004\08-24-04\Reclassification .doc
9-;L
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COUNCIL AGENDA STATEMENT
Item /0
Meeting Date 8/24/04
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ENHANCING THE OFFICE OF COMMUNICATIONS; TRANSFERRING THE
EXISTING LEGISLATIVE FUNCTION FROM THE CITY MANAGER'S OFFICE TO
THE MAYOR AND COUNCIL'S OFFICE; TRANSFERRING AND
RECLASSIFYING POSITIONS, AND TRANSFERRING AND APPROPRIATING
FUNDS THEREFORE
ORDINANCE AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010
RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD
THREE POSITIONS: 1) INTERGOVERNMENTAL AFFAIRS COORDINATOR, 2)
COMMUNICATIONS MANAGER, AND 3) OFFICE SPECIALIST (MAYOR'S
OFFICE)
SUBMITTED BY: City Manager 1';;;'
Director of Communications· #
Director of Management and Information Servic
f:,J
REVIEWED BY: City Manager. i' Q\ (4/5ths Vote: Yes..x No--,>
The proposed changes will enhance the Office of Communications to reflect added duties
and responsibilities needed to improve e xtemal and i ntemal communications for a net
cost of $203,165 and transferring the existing legislative function and position from the
City Manager's Office to the Mayor's Office to reflect the recent change in the
composition of the legislative committee, and transferring and reclassifying positions and
transferring and appropriating funds therefore.
RECOMMENDATION: That the City Council adopt the resolution reorganizing the
Office of Communications to reflect added duties to enhance communications for a net
cost of $203,165 and transferring the legislative function and related position from
Administration to the Mayor's Office to reflect the recent change in the composition of
the legislative committee, by:
. Reclassifying the Community Liaison position in the Mayor's Office to Office
Specialist (Mayor's Office) and reducing the personnel services budget by $5,765.
. Transferring the Intergovernmental Affairs Coordinator and $85,640 budget for
personnel services and the $ 59,955 for the lobbyist contract and 0 ther supplies
/ó-I
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and services from Administration to the Mayor and Council Office and setting the
salary equivalent to the Constituent Services Manager
· Transferring the 3/4-time Webmaster position from Administration to
Management and Information Services and $51,635 budget for personnel services
and appropriating $16,984 from the available balance of the General Fund to
increase the position from 3/4-time to full time
· Moving the Director of Communication position from Senior to Executive
Management and appropriating $14,800 from the available balance of the general
fund therefore
· Adding a new unclassified at-will Senior Management position of
Communications Manager in Administration with an annual salary of $85,399.86
(equivalent to the previous salary of the Intergovemmental Affairs Coordinator)
and appropriating $ 108,448 therefore from the available balance 0 fthe general
fund.
· Increasing the supplies and services budget of the Office of Communications by
$85,500 for professional services and related supplies and appropriating funds
from the available balance of the general fund therefore.
That the City Council place the Ordinance on first reading amending Chula Vista
Municipal Code Section 2.05.010 relating to the establishment of unclassified positions
to add three positions: 1) Intergovemmenta1 Mfairs Coordinator, 2) Communications
Manager, and 3) Office Specialist (Mayor's Office)
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Background
Reclassification of Support Staff in the Mayor's Office
In May 2004, the position of Constituent Services Manager in the Office of the Mayor
and City Council was restructured to include a number of responsibilities that had been
previously been performed b y the Community Liaison. The duties associated with the
vacant Community Liaison position have been amended to reflect this change and
provide the Mayor and Council offices with appropriate and necessary clerical support.
Human Resources staff reviewed the classification of this position in light of the
narrowed scope of work and recommends classifying the position as an "at-will" Office
Specialist (Mayor's Office) with CVEA-equivalent benefits. This reclassification will
result in an annual savings of approximately $6,800.
Transfer Legislative Function to Mayor and Council Office
Historically, the City Manager Office has supervised the City's Intergovemmental
Affairs Coordinator and the position and the function has been budgeted in
Administration. The Intergovernmental Affairs Coordinator supports the efforts of the
City's Legislative Committee, which in turn, is responsible for implementing the
Legislative Program adopted each year by the Mayor and City Council. Until recently,
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the Legislative Committee was comprised of the City Manager, the City Attomey and
one member of the City Council. Council action on November 23, 2003, directed a
change in the committee membership. This committee now consists of the Mayor and one
member of the Council.
As a result of this restructuring, responsibility for implementing the City's Legislative
Program has shifted to the Mayor and Council offices. It is recommended that the
Intergovernmental Affairs Coordinator position and the associated budget be transferred
to the Mayor and Council offices as well. This will ensure better support for the revised
committee structure and be consistent with Chapter 2.03.010 of the Municipal Code,
which places the Mayor's office in charge of "inter-agency relations." Given anticipated
changes in duties associated with the transfer it is also recommended that this position be
maintained at the middle management level, but with a reduced salary level reflective of
anticipated duties and responsibilities. As such it is recommended the position be made
"at-will" with an annual salary equivalent to the Constituent Services Manager. This
reclassification will result in an annual savings of approximately $19,860. The available
balance of the services and supplies budget for the legislative function of $59,953 will
also be transferred to the Mayor and Council; this budget is primarily for the City's
lobbyist.
Enhancement of the Office of Communications
In January 2003, the Office of Communications was assigned an increased level of
responsibility for community outreach to residents and businesses, media relations,
marketing of city services and events, and upgrading the City's Internet and Intranet Web
sites. The Office of Communications is also responsible for producing all City
brochures, publications, invitations, flyers, some correspondence and mayoral messages
as well as events-related materials and certain advertisements.
In keeping with the City Council's commitment to openness and accessibility, there is a
need to communicate with a larger audience on a more frequent basis. Given the current
constraints of the existing print media outlets, the Office of Communications must
become more inventive when it comes to delivering the City's message. To accomplish
this, the staff is exploring options for special campaigns including: advertising the City's
Web site inside Chula Vista transit buses and on City vehicles; hiring videographers to
document special events for distribution to media outlets; and exploring the use of
streaming video on the City's Web site.
The duties of the Communications staff continue to evolve and expand. As Chula Vista
grows, and residents expect to hear more about community issues, the need for
communicating a strong City image to the public will become even more critical than it is
at present. That, in turn, will drive the need for additional advertising, outreach and
promotions. This division of the City Manager's Office will now take on projects such as:
· Developing a City Speaker's Bureau
· Producing a monthly Electronic Newsletter available on the Internet
· Writing and publishing an annual report that addresses important City issues
· Providing special event and writing support to the Mayor and Council offices
;12-3
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. Increasing the frequency with which the Internet and Intranet pages are updated
. Enhancing marketing materials and brochures
To accomplish this ambitious agenda, it IS recommended that the Office of
Communications budget and staffing be augmented and that the Director of
Communications be made an executive manager consistent with all other directors. The
cost of changing the Director of Communications from senior management to executive
management is $14,800.
Since the incumbent in the Intergovemmental Affairs Coordinator position that is being
transferred and reclassified has numerous skills and talents that would directly benefit the
expansion of the Office's duties, it is recommended that the incumbent transfer into a
new senior management at-will classification of Communications Manager in the Office
of Communications. This position will assist the Director in ensuring the expanded work
product and responsibilities are met. The cost of adding this position for the current
fiscal year is $108,448; the ongoing cost ofthis position is approximately $130,730
The Office of Communications is also requesting $85,500 in services and supplies in
order to successfully implement a more comprehensive communications plan. A portion
of this budget is dedicated to Professional Services; which will allow the department to
hire the services of a freelance writer ($26,000), photographer ($11 ,000) and freelance
graphic artist ($22,000) on a project-by-project basis. The freelance writer and
photographer would help ensure that the City's Web site is current, easy to read and
accurate. The freelance graphic artist would absorb some of the less complicated projects
currently assigned to the Graphic Designer allowing the in house staff to better manage
the department's workload.
The proposed budget also includes a dedicated budget for advertising and promotional
expenses ($24,000), which would be used to fund special campaigns such as advertising
the City's Web site. A digital camera and photo compact disks are also included in the
proposed budget ($2,500).
As the Office of Communications has broadened its scope of work, the City's Webmaster
has experienced a similar increase in responsibilities and workload. Currently this is a
3!4-time position dedicated to the Office of Communications. Not only is the Webmaster
responsible for all the technical and creative upkeep of the Internet site, he is assigned the
challenging task of overhauling and managing the City's Intranet site for employees.
Due to the heavy emphasis the City is placing on its website services, the duties
associated with this position have become increasingly complex and technologically
challenging. In the near future, the Webmaster will be required to reprogram the website
navigation system, a significant undertaking. With the additional responsibilities and new
technological challenges, this position now requires the unique supervision and support
of the computer professionals assigned to the Department of Management and
Information Services (MIS) and will require a full-time dedicated staff member. It is
recommended that the Webmaster position be transferred to MIS and that this position be
budgeted full-time. $51,635 will be transferred from Administration to MIS, with an
/0 -/f"
additional $16,984 appropriated to make the position full time.
FISCAL IMPACT:
For fiscal year 2005 the net cost of this action is $117,665 for personnel services and
$85,500 for services and supplies. The personnel changes will be effective at the
beginning of the next pay period (9/3).
The ongoing cost for these changes is $142,373 for personnel and $83,000 for related
services and supplies. Since ongoing resources have not been identified to fund these
ongoing costs, approval of this action may require offsetting budget reductions in future
years.
Personnel:
Communications Manager $ 108,448 $ 130,730
Webmaster $ 16,984 $ 20,473
Dir of Communications $ 14,800 $ 17,840
Intergovernmental Affairs Coordinator $ (16,801) $ (19,856)
Office Specialist (Mayor's Office) $ (5,765) $ (6,813)
Subtotal Personnel $ 117,665 $ 142,373
Services and Supplies $ 85,500 $ 83,000
Total $ 203,165 $ 225,373
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RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ENHANCING THE OFFICE OF COMMUNICATIONS; TRANSFERRING THE
EXISTING LEGISLATIVE FUNCTION FROM THE CITY MANAGER'S OFFICE TO
THE MAYOR AND COUNCIL'S OFFICE; TRANSFERRING AND
RECLASSIFYING POSITIONS, AND TRANSFERRING AND APPROPRIATING
FUNDS THEREFORE
WHEREAS, Human Resources staff reviewed the classification of the
Community Liaison in the Mayor and Council's Office and is recommending it be
reclassified to an at will Office Specialist (Mayor's Office); and,
WHEREAS, the Legislative function has been transferred to the Mayor and
Council's Office it is recommended the staff and associated budget be transferred as well;
and,
WHEREAS, given the anticipated changes in the duties of the Intergovernmental
Affairs Coordinator associated with the transfer to the Mayor and Council's Office it is
recommended that this position be maintained at middle management level and made at
will with a salary set equivalent to the Constituent Services Manager; and,
WHEREAS, the Office of Communications, which was assigned an increased
level of responsibility for community outreach to residents, businesses and media
relations as well as marketing of city servic\:s and events, is requesting personnel changes
and additional resources to address the increased level of responsibility; and,
WHEREAS, staff is recommending changing the Director of Communications
from semor management to executive management and the addition of a
Communications Manager at the senior management level with a salary set equivalent to
the previous Intergovemmental Affairs Coordinator; and,
WHEREAS, staff is recommending transferring the position of Webmaster from
Administration to Management and Information Services and changing the position from
3/4 time position to a full time position; and,
WHEREAS, $85,000 is added to the Administration Services and Supplies
budget to accomplish the expanded duties ofthe Office of Communications.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
amend the FY 2005 budget to reclassify the Director of Communication position from
Senior to Executive Management, add one at-will Communications Manager to
Administration and appropriate $123,248 to Administration's Personnel Services budget
and $85,500 to the Administrations Services and Supplies budget.
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BE IT FURTHER RESOLVED that the Intergovernmental Affairs Coordinator
position be transferred to the Mayor and Council offices and the position be made at will
with the salary set equivalent to the Constituent Services Manager and $85,640
transferred from Administration's Personnel Services budget to City Council's Personnel
Services budget and $59,955 transferred from Administration's Services and Supplies
budget to the City Council's Services and Supplies budget.
BE IT FURTHER RESOLVED that the 3/4 time Webmaster position is
transferred from Administration to Management and Information Services, $51,635 is
transferred from Administration's Personnel budget to Management and Information
Services Personnel budget and $16,984 appropriated from the General Fund balance to
make the position full time.
BE IT FURTHER RESOLVED that the position of Community Liaison in the
Mayor's Office is reclassified to an at will Office Specialist (Mayor's 0 ffice) and the
Personnel Services budget reduced by $5,765.
Presented by: Approved as to form by:
David D. Rowlands, Jr. ~1\'Q"Í"''\,\\ ~~Ù\
Ann Moore '
City Manager City Attorney
Liz Purcell
Director of Communications
Louie Vignapiano
Director of Management and Information Services
/!J-7
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 2.05 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE ESTABLISHMENT
OF UNCLASSIFIED POSITIONS TO ADD THREE
POSITIONS: 1 ) INTERGOVERNMENTAL AFFAIRS
COORDINATOR, 2) COMMUNICATIONS MANAGER, AND
3) OFFICE SPECIALIST (MAYOR'S OFFICE).
WHEREAS, the City Council has adopted a resolution approving the addition of
one Communications Manager, an unclassified, at-will senior manager position to
Administration; and
WHEREAS, the City Council has adopted a resolution approving the addition of
one Office Specialist (Mayor's Office), an unclassified, at-will position to the Mayor and
Council's Office; and
WHEREAS, the City Council has adopted a resolution approving the addition of
one Intergovernmental Affairs Coordinator, an unclassified, at will middle management
position to the Mayor and Council's Office; and
WHEREAS, the Charter Section 500(a) requires that all new unclassified
management level positions be adopted by ordinance and a four-fifths vote of the
Council.
NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby
amended to read as follows:
2.05.010 Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of the
Charter of the city, there are established the unclassified positions entitled deputy city
manager, administrative services manager, deputy fire chief, assistant fire chief,
assistant chief of police, assistant director of finance, assistant director of budget and
analysis, fiscal operations manager, funds development strategic planning manager,
purchasing agent, treasury manager, assistant director of human resources, director of
employee development, risk manager, assistant director of public works and operations,
assistant director of building and housing, deputy building official, building services
manager, building and park construction manager, parks and open space marìager,
assistant director of recreation, housing coordinator, real property manager, transit
/0 --p
._.... ._n'_._ __.~_......._..___.___~____,_"....~____." ...m. ....____....__._ __~._____,_..."._..._~,..___._._..__._._._____~_~___.._._,'.._,-,
coordinator, assistant director of community development, community relations
manager, Western Chula Vista development manager, traffic engineer, deputy director
of engineering, assistant library director, chief learning officer, director of
communications, police captain, director of conservation and environmental services,
deputy director of planning, assistant director of planning, special planning projects
manager, general p Ian project manager, chief of staff, constituent services manager,
community liaison (assigned to the Office of the Mayor and City Council), California
border alliance group deputy executive director, California border alliance group budget
manager, California border alliance group meth. strike force coordinator, California
border alliance group network administrator, California border alliance group
operations/intelligence coordinator, California border alliance group program analyst,
California border alliance group management assistant, California border alliance group
network assistant and regional computer forensic laboratory network engineer,
California border alliance group executive assistant, energy services manager,
communications manaqer. office specialist (Mavor's Office). interqovernmental affairs
coordinator.
SECTION II: This ordinance shall take effect and be in full force 30 days after its
second reading and adoption.
Submitted by: Approved as to form by:
~(}X~~ \'\~~~
David D. Rowlands, Jr. Ann Moore "
City Manager City Attorney
Liz Purcel,
Director of Communications
Louie Vignapiano
Director of Management & Information Services
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