HomeMy WebLinkAboutAgenda Packet 1999/12/14
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AGENDA t:''c',':' ,,",' ;,1,,- ""." , ,_" , ¡':, ", ~" City \ . ,
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December 14,1999 {).~~·"CEÜ::. ,. {;.. _..- 6:00 p.m.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
,
1. Presentation of a donation to the Nature Center by Duke Energy Power Services
CONSENT CALENDAR
(Items 2 through 13)
The staff recommendations regarding the following items listed under the Consent
Calendar will be enacted by the Council by one motion, without discussion, unless
a Councilmember, a member of the public, or City stafJrequests that the item be
removed for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak" form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed after
Action Items. Items pulled by the public will be the first items of business.
2. WRlTTEN COMMUNlCATIONS
A Letter from the City Attorney stating that to the best of his knowledge from
observance of actions taken in Closed Session on December 7, 1999, there were no
actions taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING THE SUMMARY V ACATION OF A PORTION OF MAIN STREET AND
A PORTION OF SILVAS STREET
A request has been received to vacate two portions of excess right-of-way along Main Street
and Silvas Street adjacent to property located at 2590 Main Street and 1660 Silvas Street,
both owned by the Leaf Family Trust. In accordance with Chapter 4, Section 8330 of the
State Streets and Highways Code, this type of vacation may be performed summarily through
adoption of a resolution ordering said summary vacation.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
4. REPORT AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMIT NO.
PE-460 FOR CONSTRUCTION OF TWO ENTRY PORT ALMONUMENTS PROPOSED
FOR EASTLAKE TRAILS SOUTH SUBDIVISION LOCATED AT THE
INTERSECTION OF CLUBHOUSE DRIVE AND HUNTE P ARKW A Y
Eastlake Company, LLC, a California Limited Liability Company, owner of the Eastlake
Trails South Subdivision, are proposing to construct entry portal monument structures along
the Clubhouse Drive fTontage on both sides of the road. The fTontage area is located within
the City right-of-way, a general utility easement and sidewalk, tree planting and a maintenance
easement. A portion of the entry monument structure is located in a future school site witlùn
a private maintenance easement belonging to the Eastlake Company. According to Section
12.28 of the Municipal Code, any permanent structures built within any easement, such as
permanent monument signs, require City Council approval utilizing the encroachment permit
process.
Staffrecommendation: Council authorize the issuance of Encroachment Permit No. PE-460
and direct the City Clerk to records the resolution and permit. (Director of Public Works)
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $194,285.60 FOR
TWO REPLACEMENT AND ONE ADDITIONAL 5-CY DUMP TRUCKS TO DION
INTERNATIONAL TRUCKS THROUGH COOPERATIVE BID #P6555/98 WITH THE
CITY OF SAN DIEGO
The FY 1999-00 Equipment Maintenance budget provides for the replacement of two five-
cubic-yard dump trucks. The Sewer Facilities Replacement budget provides for the purchase
of one additional five cubic yard dump truck for the Sewer Maintenance Division. Municipal
Code Section 2.56.270 and Council Resolution No. 6132 authorize the Purchasing Agent to
participate in cooperative bids with other government agencies for the purchase of materials
of common usage. The City, therefore, is participating in a current City of San Diego bid
fTom Dion International Trucks,
Staff recommendation: Council adopt the resolution. (Director of Public Works)
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $19,144 FROM CHULA VISTA TRANSIT'S AND THE
CORPORATION YARD PUBLIC FACILITIES DIF'S (CORPORATION YARD DIF)
AVAILABLE FUND BALANCES FOR ADDITIONAL FUNDS REQUIRED FOR THE
PURCHASE OF A SERVICE/COMPRESSOR TRUCK
In the FY 1999-00 budget, Council approved funding for a new Senior Maintenance Worker
in Public Works Operations, along with funds to purchase a service/compressor truck to be
shared with Chula Vista Transit. Municipal Code Section 2.56.270 and Council Resolution
No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other
government agencies for the purchase of materials of common usage. The City, therefore,
is participating in a current City of San Diego bid from Fuller Ford of Chula Vista for a net
total cost of$53,144.02.
Staff recommendation: Council adopt the resolution, (Director of Public Works)
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $216,332.80 FOR
REPLACEMENT AND ADDITIONAL POLICE PATROL SEDANS TO DOWNTOWN
FORD THROUGH COOPERATIVE BID WITH THE STATE OF CALIFORNIA
Page 2 - Council Agenda 12/14/99
The FY 1999-00 Equipment Maintenance Budget provides for the replacement of seven
police patrol sedans. The Police Department budgeted for three additional patrol sedans for
officers added to the force. Municipal Code Section 2.56.270 and Council Resolution No.
6132 authorize the Purchasing Agent to participate in cooperative bids with other government
agencies for the purchase of materials of common usage. The City, therefore, is participating
in a current Los Angeles County bid rrom Downtown Ford.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A RESTRUCTURING, AMENDING THE FISCAL YEAR 1999-2000
BUDGET BY RECLASSIFYING FOUR POSITIONS, ADDING ONE NEW POSITION,
TRANSFERRING THREE EXISTING POSITIONS AND APPROPRIATIONS
BETWEEN BUDGET UNITS, AND APPROVING ADDITIONAL APPROPRIATIONS
OF $54,194 FROM THE AVAILABLE FUND BALANCE IN THE GENERAL FUND
(4/5THS VOTE REQUIRED)
This item is requesting approval to restructure the organization by reclassifying four top
management positions, re-establishing the previous position of Director of Parks and
Recreation to manage a reconstituted department, and transferring the positions and related
budget of the Training and Organizational unit from Human Resources to Administration.
These actions will allow a reassignment of functions and responsibilities to better match the
talents of individual managers and provide a framework to work
9. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VIST A AMENDING
SECTION 2.31.040 B.3 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
THE APPOINTMENT OF EX-OFFICIO MEMBERS OF THE MOBILEHOME RENT
REVIEW COMMISSION
On April 21, 1992, Ordinance 2502 amending Chapter 2.31 of the Chula Vista Municipal
Code relating to the Mobilehome Rent Review Commission was approved making certain
technical changes and corrections. At such time, Council voted to retain the Ex-Officio
memberships, with one member a resident and one member a park owner. However, the
codified version does not reflect what Council approved. Staff is recommending an
amendmentto Section 2.31. 040.B.3. to allow Council to appoint one ex-officio member who
shall be a tenant of a mobilehome park and one ex-officio member who shall be an owner of
a mobilehome park in order to correct Chapter 2.31 of the Municipal Code.
Staff recommendation: Council place the ordinance on first reading. (Director of
Community Development)
10 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FY 99/00 BUDGET BY APPROPRIATING UNANTICIPATED
DONATION REVENUE IN THE AMOUNT OF $32,750 TO THE LffiRARY AND
RECREATIONDEP ARTMENT BUDGET FOR EXPENDITURES ASSOCIATED WITH
THE CHULA VISTA LITERACY TEAM, THE CULTURAL ARTS PROGRAM, THE
THERAPEUTICS PROGRAM, THE RECREATION DIVISION AND THE LffiRARY
DIVISION (4/5TH'S VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE TRANSFER OF $6,400 FROM THE LffiRARY DONATIONS
ACCOUNT TO THE FRIENDS OF THE LffiRARYENDOWMENT FUND AT THE SAN
DIEGO FOUNDATION
Page 3 - Council Agenda 12/14/99
Since July of 1999, the Library and Recreation Department has been receiving donations fTom
various organizations and individuals to support the programs in the Department. At this
time, the Department wishes to accept the donations and appropriate and budget the funds
for the programs intended to receive the funds.
Staff recommendation: Council adopt the resolution. (Director of Library and Recreation)
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
INNOVATIVE INTERFACES TO PROVIDE SERVICES FOR THE CITY OF CHULA
VISTA INTEGRATED ON LINE SYSTEM (IOLS); AND AUTHORIZING THE
DIRECTOR OF FINANCE TO EXECUTE A LEASE-PURCHASE AGREEMENT THAT
PROVIDES FUNDING FOR THE IOLS; AND AMENDING THE FY 99/00 BUDGET TO
APPROVE AMENDMENTS TO THE CAPITAL IMPROVEMENT PROJECT AND
DEBT SERVICE BUDGETS TO REFLECT THESE ACTIONS
The FY 98/99 Capital Improvement Program included funds for the replacement of the
Library's nine-year-old, labor intensive, computerized catalog and circulation system with a
client server based, fully integrated online library system (IOLS). During the last fiscal year,
the Library began preliminary work on the infTastructure necessary to support a new system
and on the design and release of a formal Request for Proposal. The selection process for a
new IOLS concluded late this summer, with the committee unanimously recommending
Innovative Interfaces' Millennium system.
Staff recommendation: Council adopt the resolution, (Library and Recreation Director)
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AMENDED AND REST A TED SUBLEASE BETWEEN THE CITY
OF CHULA VISTA AND THE EASTLAKE COMPANY, LLC FOR OFFICE SPACE IN
EASTERN CHULA VISTA TO HOUSE THE CITY BUILDING INSPECTION SECTION
AND A SATELLITE BUILDING PERMIT PROCESSING CENTER, AND
AUTHORIZING THE MAYOR TO SIGN THE SUBLEASE AGREEMENT
In December of 1998, the City subleased 1,626 square feet of office space fTom the Eastlake
Company, LLC, to house the Building Inspectors. The space was needed due to staff growth
in the Department of Planning and Building and to space constraints in the Public Services
Building. Subsequent Building Inspector staff growth and the desire to establish a satellite
Building Permit Processing Center in eastern Chula Vista has necessitated additional office
space. The amended and restated sublease provides an additional 1,693 square feet of office
space, which will meet space needs for the term of the sublease and facilitate the
establishment of a satellite Building Permit Processing Center in eastern Chula Vista.
Staff recommendation: Council adopt the resolution. (Director of Planning & Building)
13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING
THE CONSULTANT PROCESS AS IMPRACTICAL AND APPROVING AN
AGREEMENT WITH PHILIP WILLIAMS & ASSOCIATES (PW A) FOR CONSULTING
SERVICES FOR THE SPECIALIZED STREAMBED MEANDER DESIGN OF POGGI
CREEK CHANNEL AS PART OF THE OLYMPIC PARKWAY PROJECT AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Page 4 - Council Agenda 12/14/99
The US Army Corps of Engineers recently issued a 404 Permit to the City for the
construction of Olympic Parkway within the existing Poggi Creek. One of the conditions of
granting this permit was for the City to hire an independent consultant having expertise in
stream restoration and enhancement to create an acceptable channel design resulting in a
meandering low-flow channel which functions more like natural stream. The 404 Permit
conditions further required that the stream meander plan be prepared within a very expedited
time rrame for submittal to the Corps. Failure to meet the submittal schedule included in the
permit will result in significant penalties to the City including the possible revocation and
modification of the permit.
Staff recommendation: Council adopt the resolution (Director of Public Works)
ORAL COMMUNICATIONS
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as
required by law. If you wish to speak to any item, please fill out a "Request to
Speak" form (available in the lobby) and submit it to the City Clerk prior to the
meeting.
14. PUBLIC HEARING ON THE ACQUISITION OF CERTAIN PROPERTY RIGHTS ON
A PORTION OF LAND LOCATED WITHIN VILLAGE FIVE OF THE OT A Y RANCH
SPA ONE FOR THE CONSTRUCTION OF A P AS EO AND PARK P-9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING
THE DECLARING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND
AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF CERTAIN
REAL PROPERTIES FOR FEE SIMPLE, AND PERMANENT AND TEMPORARY
SLOPE AND DRAINAGE EASEMENT INTERESTS TO SATISFY OFF-SITE
CONDITIONS FOR OT A Y RANCH SPA ONE, CHULA VISTA TRACT 97-02
("TM 97-02") FOR THE OTAY RANCH PASEO AND PARK PROJECT
The hearing is to consider approval of a resolution to initiate eminent domain proceedings to
acquire the fee simple of a portion of land that will accommodate portions of the Paseo and
Park P-9 in Village Five of the Otay Ranch SPA One. The condemnation will also include
the granting of temporary and permanent easements for slope and drainage purposes, which
are necessary to construct said paseo and park.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
15. CONSIDERATION OF MODIFICATION OF THE EXISTING TRANSPORTATION
DEVELOPMENT IMPACT FEE
AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA
AMENDING ORDINANCE NO. 2251, RELATING TO DEVELOPMENT IMPACT FEE
TO PAY FOR THE TRANSPORTATION FACILITIES IN THE CITY'S EASTERN
TERRITORIES (4/STH'S VOTE REQUIRED)
Page 5 - Council Agenda 12/14/99
On November 16, 1999, Council approved Urgency Ordinance No. 2801-A, amending the
Transportation Development Impact Fee (TDIF) Ordinance, and Ordinance 2802, codifYing
the new Transportation Development Impact Fee. Adoption of the proposed Urgency
Ordinance 280 I-B will enable the City to continue to collect the fee during the 60-day waiting
period before Ordinance 2802 becomes effective.
Staff recommendation: Council adopt the urgency ordinance. (Director of Public Works)
16. CONSIDERATION OF THE FORMATION OF A REIMBURSEMENT DISTRICT FOR
THE CONSTRUCTION OF THE PROCTOR V ALLEY TRUNK SEWER
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE ALLOCATION OF COSTS, AUTHORIZING THE FORMATION OF
A REIMBURSEMENT DISTRICT FOR CONSTRUCTION OF THE PROCTOR V ALLEY
TRUNK SEWER AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
ENTER INTO A REIMBURSEMENT AGREEMENT WITH PACIFIC BAY HOMES
In July of 1992, the Baldwin Company completed the installation of approximately 9,800
linear feet of sewer line in Proctor Valley Road. The sewer facility was oversized to provide
sewer capacity for all properties located within the Proctor Valley gravity sewer basin. On
March 2,1999, Council adopted Resolution 19381, initiating proceedings forthe formation
of a reimbursement district requested by Pacific Bay Homes for construction of the Proctor
Valley Trunk Sewer, and calling a public hearing.
Staff recommendation: Council adopt the resolution, (Director of Public Works)
17. CONSIDERATION OF AMENDMENT TO SECTION 3.9 OF THE CHULA VISTA
GAMING PLAN
RESOLUTION AMENDING SECTION 3.9 OF THE CHULA VISTA GAMING PLAN
RELATING TO THE ISSUANCE OF WORK PERMITS
On January 1, 1998, the New Gambling Control Act and the Business and Professions Code
Sections 19851 and 19910.5 became effective and are binding on local jurisdictions. Cities
like Chula Vista which have an ordinance governing gambling operations are required to
amend their ordinances or gaming plans to comply with the provisions of the Business and
Professions Code sections above. After a review of the City's Municipal Code relating to
gambling and of the Chula Vista Gaming Plan, it was determined that Section 3.9 of the
Gaming Plan relating to the issuance of work permits needs to be amended to comply with
state law.
Staff recommendation: Council adopt the resolution. (Chief of Police, City Attorney)
18. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING A CONDITIONAL USE PERMIT, PC-DO-08, TO GTE WORLDWIDE
TELECOMMUNICATION SERVICES TO CONSTRUCT AN UNMANNED CELLULAR
COMMUNlCATIONS FACILITY AT 700 EAST NAPLES STREET
Page 6 - Council Agenda 12/14/99
GTE Worldwide Telecommunications Services is requesting permission to construct and
operate an unmanned cellular communications facility at 700 East Naples, at the future site
of the Veteran's Home of Cali fomi a at Chula Vista Project. The project will consist of an
equipment building, and a 31-foot-high street light (monopole) supporting 2 directional
(panel) antennas. The monopole location is proposed to be adjacent to the Veteran's Home
facility which is presently under construction.
Staff recommendation: Council adopt the resolution. (Director of Planning and Building)
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial
discussions and deliberations by the Council, staff, or members of the public. The
items will be considered individually by the Council, and staff recommendations
may, in certain cases, be presented in the alternative. If you wish to speak on any
item, please fill out a "Request to Speak" form (available in the lobby) and submit
it to the City Clerk prior to the meeting.
19. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
CHULA VIST A AND THE METROPOLITAN TRANSIT DEVELOPMENT BOARD FOR
TRANSIT/LAND USE COORDINATION
The Metropolitan Transit District (MTDB) Board has worked with representatives oflocal
jurisdictions within its service area to prepare a model Memorandum of Understanding
(MOU) regarding coordination on transit and land use matters. The MOU would commit the
City to providing MTDB staff with an opportunity to review and comment on local plans and
development projects which are related to transit issues. At the same time, it would commit
MTDB to consider transit-friendly community design as an important factor in evaluating the
allocation of transit improvement funding.
Staff recommendation: Council adopt the resolution. (Director of Planning & Building)
20. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AMENDMENTS TO THE SUBLEASE BETWEEN THE CITY OF CHULA
VISTA AND HOUSE OF BLUES CONCERTS, INC.; RELATING TO THE
PERFORMING AND VISUAL ARTS TASK FORCE; THE APPLICATION AND
DISBURSEMENT PROCESS OF FUNDS FROM A PORTION OF TICKET SALES AT
THE COORS AMPHITHEATER; THE ALLOCATION PROCESS FOR THE
COMMUNlTY USE DAYS; AND AUTHORIZING STAFF TO PREP ARE A FORMAL
AMENDMENT FOR EXECUTION BY THE MA YOR; AND AMENDING THE FY 99/00
BUDGET BY APPROPRIATING UNANTICIPATED REVENUE IN THE AMOUNT OF
$64,422 TO THE LIBRARY AND RECREATION DEPARTMENT BUDGET FOR
EXPENDITURES ASSOCIATED WITH THE PERFORMING ARTS FUND
In 1997, the City Council approved a sublease with House of Blues Concerts, Inc. which
established a process whereby ticket sales proceeds at Coors Amphitheater would be paid to
the City and utilized for a Performing Arts Fund; and the City was granted a license to use
the amphitheater facility for 18 calendar days per year. In February of 1999, a Task Force
appointed by the Mayor began drafting criteria for the allocation of the Performing Arts Fund
and the Community Use Days, as well as a process to administer these allocations. The Task
Force has now completed these tasks.
Staff recommendation: Council adopt the resolution. (Director of Library and Recreation)
Page 7 - Council Agenda 12/14/99
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
21. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
22. MAYOR'S REPORTS
23. COUNCIL COMMENTS
ADJOURNMENT to a Closed Session and thence to the Regular Meeting ofJanuary 4,2000, at
4:00 p.m. in the Council Chambers.
Page 8 - Council Agenda 12/14/99
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Tuesday, December 14, 1999 D.:... . /~£'.Í J. -~ Council Chambers
6:00 p.m. / Public Services Building
(immediately following the City Council Meeting)
CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City
Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss
and deliberate on the following items of business which are permitted by law to be the subject ofa
closed session discussion, and which the Council is advised should be discussed in closed session to
best protect the interests of the City. The Council is required by law to return to open session, issue
any reports of final action taken in closed session, and the votes taken. However, due to the typical
length of time taken up by closed sessions, the videotaping will be terminated at this point in order
to save costs so that the Council's return from closed session, reports of final action taken, and
adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded
in the minutes which will be available in the City Clerk's Office.
1. CONFERENCE WITH LEGAL COUNSEL REGARDING:
Significant exposure to litigation pursuant to Government Code Section
54956.9(b)
. One Case
Initiation of litigation pursuant to Government Code Section 54956.9(b)
. One case
2. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government
Code Section 54957.6
City Negotiator: City Manager
Employee organizations: Chula Vista Employees Association, Chula Vista Mid-
Managers Association, Western Council of Engineers, Chula Vista Police Officers
Association, and Local 2180 International Association of Fire Fighters AFL-CIO.
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CllY OF
CHUlA VISTA
MEMORANDUM
December 9,1999
To: The Honorable Mayor and City C~
From: David D. Rowlands, Jr., City Man er
Subject: Council meeting of December 14,1999
This will transmit the agenda and related materials for the regular City Council meeting
of Tuesday, December 14, 1999. Comments regarding the Written Communications
are as follows:
This is a letter from the City Attorney stating that to the best of his knowledge
from observance of actions taken in Closed Session on December 7, 1999; there
were no actions taken which are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS lETTER BE RECEIVED AND FilED.
DDR:mab
NOTICE OF PUBLIC HEARINGS
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold public
hearings to consider the following:
· Amendment to the existing Transportation Development Impact Fee within the
City's Eastern Territories. For more information call Tom Adler, Assistant Engineer,
at 691-5021.
· Formation of the Proctor Valley Sewer Reimbursement District for financing the
construction of approximately 9,800 linear feet of sewer in Proctor Valley Road.
Total project costs were $491,056, with costs reimbursable from properties within
the District of $431 ,790 in current dollars. A property within the District boundary,
as shown on a plat on file in the office of the Director of Public Works, will be
subject to a fee to pay the cost of these facilities upon permit issuance prior to
connection to the sewer. Cost to each property owner who chooses to connect to
the sewer will be $188 principal per Equivalent Dwelling Unit or single family house,
plus seven percent annual interest for District costs. Other sewer costs payable
with a building permit, such as sewer capacity charges, sewer lateral fees or
administrative fees, will be in addition to this amount. For more information call
Elizabeth Chopp, Civil Engineer, at 585-5778.
· Application to construct a cellular facility located at 700 E. Naples by GTE
Worldwide Telecommunications Services. For more information call Project
Planner Steve Power at 409-5864.
Any petitions to be submitted to the City Council must be received by the City Clerk's
Office no later than noon of the hearing date.
If you wish to challenge the City's action on these matters in court, you may be limited to
raising only those issues you or someone else raised at the public hearings described in
this notice, or in written correspondence delivered to the City Clerk's Office at or prior to
the public hearings.
SAID PUBLIC HEARINGS WILL BE HELD BY THE CITY COUNCIL on Tuesday,
December 14, 1999 at 6:00 p.m. in the Council Chambers, Public Services Building, 276
Fourth Avenue, at which time any person desiring to be heard may appear.
DATE: December 1,1999
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CllY OF
CHUIA VlSfA
OFFICE OFTHE CITY ATTORNEY
Date: December 8, 1999
To: The Honorable Mayor and City Council
From: John M. Kaheny, City Attorney t'"
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 12/7/99
The City Council of the city of Chula vista met in Closed Session
on 12/7/99 to discuss:
. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
City Negotiator: city Manager
Employee organizations: Chula Vista Employees Association,
Chula vista Mid-Managers Association, Western Council of
Engineers, Chula Vista Police Officers Association, and Local
2180 International Association of Fire Fighters AFL-CIO
. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.8:
Property: 1497 Brandywine Avenue, Assessor's
Parcel #644-171-04-00
Negotiating Parties: city of Chula vista (Cliff Swanson)
and Richard and Sandra Dare (owners)
Under Negotiation: Purchase terms and conditions
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
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276 FOURTH AVENUE· CHULA VISTA' CALIFORNIA 91910' (619) 691-5037' FAX (619) 409-5823
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COUNCIL AGENDA STATEMENT
Item ::5
Meeting Date 12/14/99
ITEM TITLE: Resolution Ordering the Summary Vacation of a portion of Main
Street and a portion of Silvas Street
SUBMITTED BY: Director of Public Work~
REVIEWED BY: City Manager rot O~ (4/5ths Vote: Yes_NoX)
A request has been received to vacate two portions of excess right -of-way along Main Street and
Silvas Street adjacent to property located at 2590 Main Street and 1660 Silvas Street, both owned
by the Leaf Family Trust (see Exhibit "A").
In accordance with Chapter 4, Section 8330 of the State Streets and Highways Code, this type of
vacation may be performed sununarily through adoption of a resolution ordering said sununary
vacation.
RECOMMENDATION: That Council adopt a resolution Ordering the Summary Vacation of
a portion of Main Street and a portion of Silvas Street
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
Algert Engineering Inc., acting as agent for the owner of property at 2590 Main Street and 1660
Silvas Street, has applied to the City to vacate a portion of Main Street and Silvas Street adjacent
to the property (see Exhibit" A"). The excess right-of-way along Main Street is triangular in
shape and is roughly 1,600 square feet in area. The excess right-of-way along Silvas Street is also
a triangular shape roughly 590 square feet in area.
The subject right-of-way was granted in fee to the County of San Diego by grant deeds in 1921.
In 1965, this County roadway was partially vacated. The County's vacation process, for reasons
unknown, left behind the two triangle portions ofright -of-way.
The City has recently completed a Capitol Improvement Project in the area that made street
widening improvements along both Main Street and Silvas Street. Right-of-way dedication along
both these streets was obtained fTom the subject property in order to construct the street
improvements to their ultimate configuration. The portions of right-of-way being requested for
vacation is considered excess and includes property well beyond that needed for the ultimate street
.3-/
-_.."'.'~".'"--~-~"--'"'--"-'-------._"-"-
Page 2, Item
Meeting Date 12/14/99
improvements. Staff believes it would be a benefit for the City to vacate this excess right-of-way
because an accident within this area could result in a liability issue.
All utility companies as well as the Planning and Building Division have been notified of this
vacation proposal and all have responded with no objections.
FISCAL IMPACT: The costs related to the processing of this request for vacation are being paid
for by a deposit of monies by the applicant under the City's Full Cost Recovery System.
If Council approves the vacation, it will be conditioned that the owner pay for the right-of-way
in accordance with a certified appraisal to be provided by the applicant, as has been the accepted
practice in recent years by Council.
The City will realize no savings in maintenance, since City's crews have not been maintaining this
portion ofright-of-way in the past.
Attachments: Exhibit "A" - Plat showing portion ofright-of-way to be vacated
Exhibit "B" - Legal descriptions of right-of-way portions to be vacated
SE
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ALGERT ENGINEERING, INC. STREET V4CÁT70N
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428 BROADWAY /YA/N 5T ø S/LV45ST
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LEGAL DESCRIPTION
PARCEL "A":
THAT PORTION OF CHULA VISTA CORONADO ROAD 6 AND OF ROUTE 10,
DIVISION 1, ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF THE
COUNTY OF SAN DIEGO, CONVEYED TO THE COUNTY OF SAN DIEGO BY DEED
RECORDED IN BOOK 751, PAGE 172 OF DEEDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, IN THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 22, T 10 S, R 2 W, SAN BERNARDINO
MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, LYING NORTHERLY OF A LINE THAT IS PARALLEL WITH AND
DISTANT 51 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM THE SOUTH
LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 22, AND LYING WESTERLY OF A LINE WHICH IS 140.00 FEET WESTERLY
OF AND PARALLEL WITH THE EAST LINE OF THE WEST 25 ACRES OF THE SAID
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22.
PARCEL "B":
THAT PORTION OF CHULA VISTA CORONADO ROAD 6 AND OF ROUTE 10,
DIVISION 1, ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF THE
COUNTY OF SAN DIEGO, CONVEYED TO THE COUNTY OF SAN DIEGO BY DEED
RECORDED IN BOOK 751, PAGE 172 OF DEEDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, IN THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 22, T 10 S, R 2 W, SAN BERNARDINO
MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, LYING NORTHERLY OF A LINE THAT IS PARALLEL WITH AND
DISTANT 205 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM THE
SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 22, AND LYING WESTERLY OF A LINE WHICH IS 36.00 FEET WESTERLY
OF AND CONCENTRIC WITH THE CENTERLINE OF SILVAS STREET AS SHOWN ON
PARCEL MAP 4310 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, SAID CENTERLINE BEING A 1000.00 FOOT RADIUS CURVE CONCAVE
WESTERLY.
3-t./-
"."--_._--,,-------,---_._.~
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF A
PORTION OF MAIN STREET AND A PORTION OF SILVAS
STREET
WHEREAS, Algert Engineering Inc., acting as agent for the
owner of property at 2590 Main Street and 1660 Silvas Street, has
applied to the City to vacate a portion of Main Street and Silvas
Street adjacent to the property; and
WHEREAS, the excess right-of-way along Main Street and
silvas Street was granted in fee to the County of San Diego by
grant deeds in 1921; and
WHEREAS, in 1965, this County roadway was partially
vacated and the County's vacation process, for reasons unknown,
left behind the two triangle portions of right-of-way; and
WHEREAS, the portions of rights-of-way being requested
for vacation is considered excess and includes property well beyond
that needed for the ultimate street improvements.
WHEREAS, in accordance with Chapter 4, Section 8330 of
the State Streets and Highways Code, this type of vacation may be
performed summarily through adoption of a resolution ordering said
summary vacation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby order the summary vacation of
a portion of Main Street and a portion Silvas Street, more
particularly described in Exhibit B, attached hereto and
incorporated herein as if set forth.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to record this resolution and after the date the
resolution is recorded, the street vacated no longer constitutes a
public street.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
h,\home\rs\vacate.8um
3-S
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COUNCIL AGENDA STATEMENT
Item r
Meeting Date 12/14/99
ITEM TITLE: Resolution Authorizing the issuance of Encroachment Permit No.
PE-460 for construction of two entry portal monuments proposed for
Eastlake Trails South Subdivision located at the intersection of Clubhouse
Drive and Hunte Parkway
SUBMITTED BY: Director of Public Work~
REVIEWED BY: City Manager C {<-- 1>fV (4/Sths Vote: Yes _ NoX)
fr;i
Eastlake Company, LLC. a California Limited Liability Company, owner of the Eastlake Trails
South Subdivision are proposing to construct entry portal monument structures along Clubhouse
Drive fTontage on both sides of the road. The fTontage area is located within City right-of-way,
general utility easement and sidewalk, tree planting and maintenance easement. A portion of the
entry monument structure is located in a future school site within a private maintenance easement
belonging to the Eastlake Company. According to Section 12.28 of the Municipal Code, any
permanent structures built within any easement, such as permanent monument signs require City
Council approval utilizing the encroachment permit process.
RECOMMENDATION: That Council approve the subject resolution authorizing the issuance of
Encroachment Permit No. PE-460 for construction of two entry portal monuments proposed for
Eastlake Trails South Subdivision located at the intersection of Clubhouse Drive and Hunte Parkway
and direct the City Clerk to record said resolution and permit.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
Entrance monuments for subdivisions and businesses are commonly placed within street right-of-
way, City owned open space land or easements. In each case, staff has reviewed detailed plans
showing locations and elevations of the proposed signs or monuments to insure that signs do not
create traffic hazards with respect to sight distance restrictions.
This encroachment permit includes an indemnity clause holding the City, its agents and employees
harmless rrom damages resulting rrom the construction and maintenance of the entry monuments
belonging to the Eastlake Company, LLC.
On July 7, 1999 staff received a copy of a letter fTom the Eastlake Company requesting an
Encroachment Permit (Exhibit "D"). The letter noted, and staff concurs, that the proposed entry
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City Cletk ¡Ii £XH/BIT C
City of Chula Vista !Ii
P.O. Box 1087 îJ
Chula Vista, CA 91912 W
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permittee. Recording ~1
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Affects Assessor's Parcel No(s) 595-080-28 & C.V. File No. 0710-40-PE-460
643-030-22
AUTHORIZATION FOR
ENCROACHMENT ON CITY PROPERTY
Permit No. PE-460
Application Fee: $250.00
Receipt No.: 02-0001592
Inspection Fee: $135.00
Receipt No.: 02-0001592
Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, permission is hereby granted by the City
of Chula Vista (hereinafter "City") to: EASTLAKE COMPANY. LLC. A CALIFORNIA LIMITED
LIABILITY COMPANY (hereinafter "Permittee") whose mailing address is 900 Lane Avenue, Suite 100
Chula Vista, CA 91914, to do work within a portion of Clubhouse Drive right of way, general utility
easement and sidewalk, tree planting and maintenance easement belonging to the City of Chula Vista
subject to the terms and conditions contained in this permit ("Permit").
1. City Property
City's property ("City Property") affected by this permit is described as follows:
Clubhouse Drive Right-of-Way, 10' General Utility Easement and 22' Sidewalk, Tree Planting
and Maintenance Easement all as per Map No. 13812 Recorded June 18, 1999.
2. Benefitted Property
The property benefitting from the grant of this permit is the EasUake Trail South Subdivision and
is described as follows:
LEGAL DESCRIPTION: BEING ALL LOTS OF CHULA VISTA TRACT NO. 99-03,
EASTLAKE TRAILS SOUTH SUBDIVISION, IN THE CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13812
FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER'S OFFICE ON JUNE
18, 1999 AS FILE NO. 99-427872 OF O.R.
D.. . _________,"___,______.0,.,_'.._____'_
/
l'
J. Permittee shall not allow Encroachment to block the existing course of surface drainage
to the extent that it may endanger the public or the properties surrounding Permittee's
property or cause pounding of water.
k. Permittee shall post a cash bond in the amount of two thousand five hundred seventy five
dollars ($2,575.00) for future removal or relocation of encroachment.
This permit is revocable by City upon thirty (30) days written notice to Permittee, and upon written notice,
the installation must be removed or relocated, as and when specified by the City Engineer, at Permittee's
cost. If Permittee fails to remove or relocate Encroachment as directed, City may cause such work to be
done and the cost thereof shall be deducted from the cash bond as referenced in 4 (k) above. Permittee
shall pay the difference between the total cost of removal or relocation and the total bond deposited. It
is further agreed that if any part of Permittee's Encroachment or Permittee's rights under this Permit should
interfere with the future use of the City's property as determined to be necessary by the City in its sole
discretion, in the interests of public health, safety or welfare, upon City's request, the encroachment must
be removed or relocated at Permittee's expense and Permittee's rights hereunder shall terminate.
Permittee 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 the conduct of the Permittee, or any agent or employee, subcon-
tractors, or others (including third parties) in connection with the installation or maintenance of the
Encroachment, except only for those claims arising from the sole negligence or sole willful misconduct of
the City, its officers, or employees. Permittee'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. Further, Permittee at its own expense shall,
upon written request by the City, defend any such suit or action brought against the City, its officers,
agents, or employees. Permittee's indemnification of City shall not be limited by any prior or subsequent
declaration by the Permittee.
Permittee shall acquire and maintain in effect comprehensive general liability insurance in a form and in
coverage amounts approved by the City's Risk Manager. Insurance shall be issued by an California
admitted carrier with a Best's rating of A-V or better. City shall be named an additional insured by
appropriate endorsement.
The undersigned Permittee hereby accepts this Permit upon the terms and conditions stated herein and
agrees to comply with all stated terms and conditions and with all applicable laws, including any applicable
provision of the Chula Vista Municipal Code.
In the event of a dispute arising as to the terms or interpretation of this permit, the City Engineer shall
resolve said dispute in his sole and unfettered discretion, reasonably applied.
CITY OF CHULA VISTA:
Permit approved by:
Date:
Clifford L. Swanson
Deputy Public Works Director/City Engineer
(City Clerk to attach acknowledgment.)
.:0..",_,.'1 ___ _._~__._'.M.~___.'______
'....
July 7, 1999 EXHIBIT "D" ..
~
City of Chula Vista ~
~
Engineering Department
276 Fourth Avenue TI£
Chula Vista, California 91910 fASTLAKE
COMPANY, LLC
Attention: Boushara
Re: Encroachment Permit Application - Clubhouse Drive (EastLake Trails)
Dear Boushara:
This encroachment permit is required in order construct portions of the entry portal which
encroach onto the City ofChula Vista Right-of-Way on Clubhouse Drive in the EastLake Trails
project.
The work is to include a two (2) columns/pilasters and two (2) l' wall sections. These columns
and walls will be built as part of the entry portal - not stand-alone. This should be considered to
be a minor encroachment as it is basically a garden wall. All construction will be in accordance
with City specifications.
An estimate of the cost to complete the above mentioned work in the right of way is $940.00. I
have attached a sketch of the work to be done along with cost estimate provided by our landscape
architect,ONA. I have also enclosed a copy of the Recorded Final Map No. 13812 for EastLake
Trails for legal description purposes. (Please refer to sheet 5 for area of encroachment)
It is my understanding that the processing fee for minor encroachments is $105.00 and the
inspection fee for the work within the encroached area would be $135.00. Please confirm those
amounts so that 1 can forward a check in the correct amount.
If you have any questions, please give me a calL
Sincerely,
THE EASTLAKE COMPAI\'Y, LLC
~+
Shelly Dixon
Assistant Project Manager
:sd
4-9 5hæiJ oÇ" ?
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE ISSUANCE OF
ENCROACHMENT PERMIT NO. PE-460 FOR
CONSTRUCTION OF TWO ENTRY PORTAL MONUMENTS
PROPOSED FOR EASTLAKE TRAILS SOUTH SUBDIVISION
LOCATED AT THE INTERSECTION OF CLUBHOUSE DRIVE
AND HUNTE PARKWAY
WHEREAS, Eastlake Company, LLC, owner of the Eastlake
Trails South Subdivision is proposed to construct entry portal
monument structures along Clubhouse Drive frontage on both sides of
the road; and
WHEREAS, the frontage area is located within City right-
of-way, and a general utility easement and sidewalk, tree planting
and maintenance easement and a portion of the entry monument
structure is located in a future school site within a private
maintenance easement belonging to the Eastlake Company; and
WHEREAS, according to Chapter 12.28 of the Municipal
Code, any permanent structures built within any easement, such as
permanent monument signs require City Council approval utilizing
the encroachment permit process.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby authorize the issuance of
Encroachment Permit No. PE-460 for construction of two entry portal
monuments proposed for Eastlake Trails Subdivision located at the
intersection of Clubhouse Drive and Hunte Parkway.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to record this resolution and permit.
Presented by Approved as to form by
John P. Lippitt, Director of orney
Public Works
H:\home\lorraine\rs\PE460.enc
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COUNCIL AGENDA STATEMENT
Item 5
Meeting Date 12/14/99
ITEM TITLE: Resolution Awarding a Purchase Agreement in the
amount of $194,285.60 for two Replacement and one Additional 5-cy
Dump Trucks to Dion International Trucks through cooperative bid
P6555/98 with the City of San Diego
SUBMITTED BY: Director of Public Work~ rI
Director of Finance
REVIEWED BY: C·t M GI" <Q<'" (4/5ths Vote: Yes_ No 1- )
I Y anager kol The FY 1999-00 Equipment Maintenance Budget provides for the replacement of two 5-cy
dump trucks. The Sewer Facilities Replacement budget provides for the purchase of one
additional 5-cy dump truck for the Sewer Maintenance Division. The Chula Vista Municipal
Code Section 2.56.270 and Council Resolution No. 6132 authorize the Purchasing Agent to
participate in cooperative bids with other government agencies for the purchase of materials
of common usage. The City, therefore, is participating in a current City of San Diego bid
from Dion International Trucks.
RECOMMENDATION: That the City Council approve the Resolution awarding the
Purchase Agreement for three 5-cy dump trucks to Dion International Trucks.
DISCUSSION:
In the past, the City of Chula Vista has entered into purchasing agreements with the City of
San Diego for various pieces of equipment. Two of the dump trucks are being replaced in
their normal retirement cycle. One truck is being added for increased serviced demands
due to new growth within the City of Chula Vista.
FISCAL IMPACT:
Sufficient funds of $195,000.00 have been provided for the replacement of two dump trucks
($130,000.00) in the Equipment Maintenance Budget (39200-7406) and the purchase of
one additional dump truck ($65,000.00) in the Sewer Facilities Replacement budget
(73300-7406) .
5-/
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING A PURCHASE AGREEMENT IN
THE AMOUNT OF $194,285.60 FOR TWO REPLACEMENT
AND ONE ADDITIONAL 5-CY DUMP TRUCKS TO DION
INTERNATIONAL TRUCKS THROUGH COOPERATIVE BID
P6555/98 WITH THE CITY OF SAN DIEGO
WHEREAS, the FY 1999-00 Equipment Maintenance Budget
provides for the replacement of two 5-cy dump trucks and the Sewer
Facilities Replacement budget provides for the purchase of one
additional 5-cy dump truck for the Sewer Maintenance Division; and
WHEREAS, Chula Vista Municipal Code section 2.56.270 and
Council Resolution No. 6132 authorize the Purchasing Agent to
participate in cooperative bids with other governmental agencies
for the purchase of materials of common usage; and
WHEREAS, the city, therefore, is participating in a
current City of San Diego bid from Dion International Trucks.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby award a Purchase Agreement in the
amount of $194,285.60 for two replacement and one additional 5-cy
dump trucks to Dion International Trucks through cooperative bid
P6555/98 with the city of San Diego.
Presented by Approved as to form by
John P. Lippitt, Director of ci ttorney
Public Works
H:\home\attorney\reso\scy.bid
S-d
___'____." _ __ _'__,,__~"_'._"_m"
COUNCIL AGENDA STATEMENT
Item /
v
Meeting Date 12/14/99
ITEM TITLE: Resolution Appropriating $19,144 from Chula Vista
Transit's and the Corporation Yard Public Facilities DIF's (Corporation
Yard DIF) available fund balances for additional funds required for the
purchase of a service/compressor truck
SUBMITTED BY: Director of Public wor~
Director of Finance
REVIEWED BY: City Manager(9~v~ (4/5ths Vote: Yesl No_)
Council approved funding in the FY 1999-00 budget for a new Senior Maintenance Worker
in Public Works Operations along with funds to purchase a service truck to be shared with
Chula Vista Transit. The service requirements for the truck changed after the adoption of
the budget, and a larger, more expensive truck is required. This appropriation reflects the
additional cost of $19,144.00.
RECOMMENDATION: That the City Council approve the appropriation of $19,144.00 from
Chula Vista Transit's and the Corporation Yard Public Facilities' available fund balances for
additional funds required for the purchase of a service/compressor truck.
BOARD/COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION:
The FY1999-00 budget provides that Chula Vista Transit and Public Works Operations
share equally the purchase of a service truck. This truck will be used for street sign and bus
stop installation and maintenance. It is needed because of the increase in the service
demands due to new residential construction. The budget estimate was based on a smaller
truck at a lesser price for sign maintenance only. The larger, more versatile truck being
purchased for the eastern areas of the city has an on-board air compressor (which
eliminates the need to tow a compressor), more cabinets for storage, and will be capable of
graffiti eradication (a new concept after the budget) and costs $19,144 more.
FISCAL IMPACT: The net total cost including taxes is $53,144.02. Funds of $34,000 are
budgeted in the Automotive Equipment Account (7406) Corporation Yard DIF ($17,000.00)
and Chula Vista Transit's budget ($17,000.00) for the truck. An additional $19,144, or
$9,572 each must be appropriated from the available fund balances in the Corporation Yard
DIF (57400) and Chula Vista Transit (40200) for this purchase.
0-/
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $19,144 FROM CHULA
VISTA TRANSIT'S AND THE CORPORATION YARD
PUBLIC FACILITIES DIF'S (CORPORATION YARD DIF)
AVAILABLE FUND BALANCES FOR ADDITIONAL FUNDS
REQUIRED FOR THE PURCHASE OF A SERVICE/
COMPRESSOR TRUCK
WHEREAS, Council approved funding in the FY 1999-00
budget for a new Senior Maintenance Worker in Public Works
Operations along with funds to purchase a service/compressor truck
to be shared with Chula vista Transit; and
WHEREAS, the service requirements for the truck changed
after the adopt ion of the budget, and a larger, more expensive
truck is required; and
WHEREAS, it is necessary to appropriate an additional
cost of $19,144 for this service/compressor truck.
NOW, THEREFORE, BE IT RESOLVED by the city Council of the
city of Chula vista that the amount of $9,572 is hereby
appropriated from each of the following available fund balances in
the Corporation Yard DIF (57400) and Chula Vista Transit (40200)
for this purchase.
Presented by Approved as to form by
John P. Lippitt, Director of Attorney
Public Works
H:\home\attorney\reso\compresr.bid
0-c2
.---- ""__n___'__n'____"-"
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 12/14/99
ITEM TITLE: Resolution Awarding a Purchase Agreement in the
amount of $216,332.80 for Replacement and Additional Police Patrol
Sedans to Downtown Ford through cooperative bid with the State of
California
SUBMITTED BY: Director of Public Works jJ ctf
Director of Finance
Ú /-' V
REVIEWED BY: City ManagerRcf \)~ (4/5ths Vote: Yes_ No 1-)
The FY 1999-00 Equipment Maintenance Budget provides for the replacement of seven
police patrol sedans. The Police Department budget provides for three additional patrol
sedans for officers added to the force. The Chula Vista Municipal Code Section 2.56.270
and Council Resolution No. 6132 authorize the Purchasing Agent to participate in
cooperative bids with other government agencies for the purchase of materials of common
usage. The City, therefore, is participating in a current State of California bid from
Downtown Ford.
RECOMMENDATION: That the City Council approve the Resolution awarding the
Purchase Agreement for police sedans to Downtown Ford.
DISCUSSION:
Fuller Ford, the local dealer that might supply police sedans, did not participate in the State
of California bid for cars. Fuller Ford has not participated for the last several years in bids
for police sedans with the City or County of San Diego, or with the State. The City of Chula
Vista has in the past entered into purchase agreements with the City of San Diego for
police patrol sedans. San Diego is not prepared to advertise a bid for police patrol sedans
at this time due to personnel changes and other unforeseen circumstances. The Fleet
Manager recommends using the cooperative bid with the State of California. Delivery time
after the placement of the order is in excess of 100 days. The cars are needed now for
replacing patrol sedans due for retirement and to provide cars for officers soon to be added
to the police force.
FISCAL IMPACT:
Sufficient funds of $255,075.00 have been provided for the replacement of seven patrol
sedans ($180,075.00) and the purchase of three additional patrol sedans ($75,000.00).
;2--/
0
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING A PURCHASE AGREEMENT IN
THE AMOUNT OF $216,332.80 FOR REPLACEMENT AND
ADDITIONAL POLICE PATROL SEDANS TO DOWNTOWN
FORD THROUGH COOPERATIVE BID WITH THE STATE OF
CALIFORNIA
WHEREAS, the FY 1999-00 Equipment Maintenance Budget
provides for the replacement of seven police patrol sedans and the
Police Department budget provides for three additional patrol
sedans for officers added to the force; and
WHEREAS, Chula vista Municipal Code section 2.56.270 and
Council Resolution No. 6132 authorize the Purchasing Agent to
participate in cooperative bids with other governmental agencies
for the purchase of materials of common usage; and
WHEREAS, the City, therefore, is participating in a
current State of California bid from Downtown Ford.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula Vista does hereby award a Purchase Agreement in the
amount of $216,332.80 for replacement and additional police patrol
sedans to Downtown Ford through cooperative bid with the State of
California.
Presented by Approved as to form by
John P. Lippitt, Director of ~kLi~ '.
J~, M. Kaheny, City ~orney
Public Works '/
(/'
H:\home\attorney\reso\pdsedans.bid
-:¡,.- ;l
-----~ m__________"_
COUNCIL AGENDA STATEMENT
Item
Meeting Date 12/14/99
ITEM TITLE, Resolution approving a restructuring,
amending the fiscal year 1999-2000 budget by
reclassifying four positions, adding one new
position, transferring three existing positions
and appropriations between budget units, and
approving additional appropriations of $54,194
from the available fund balance in the General
Fund.
SUBMITTED BY: City Managee
(4/5ths Vote, Yes ...1L-No_)
SUMMARY,
This item is requesting approval to restructure the organization
by reclassifying four top management positions, re-establishing
the previous position of Director of Parks and Recreation to
manage a reconstituted department, and transferring the positions
and related budget of the Training and Organizational unit from
Human Resources to Administration. These actions will allow a
reassignment of functions and responsibilities to better match
the talents of individual managers and provide a framework to
help us be responsive in meeting the demands and challenges of a
growing community.
RECOMMENDATION,
Approve the resolution, which approves a restructuring,
reclassifies four positions, adds one new position, transfers
three existing positions and appropriations between budget units,
and increases appropriations in three different departments by a
total of $54,194 funded from the available fund balance in the
General Fund.
BOARDS/COMMISSION RECOMMENDATION:
That portion of the restructuring related to Parks and Recreation
functions has received an unqualified endorsement from the Parks
and Recreation Commission.
DISCUSSION,
General
Chula Vista is poised, as we approach the new millennium, to
change and grow in a fashion unprecedented in its past 88 year
history due to global changes in communication and technology, a
strong national and state economy, a resurgent Mexican economy,
and regional trends that point to South County, and Chula Vista
in particular, as a focal point in San Diego in the next decade.
Blessed with a diverse and multi-cultural population, strong
ð-I
_ _____'''.____"___'_'__'._____'_____ _ ""_~"__,,____~__~m'__"_._,_,.___,~_____"'___
Page 2. Item
Meeting Date 12/14/99
political leadership, a history of good planning, talented and
dedicated public officials, prudent fiscal management, and
unparalleled natural resources and land availability, the City is
transitioning from a bedroom suburb to a mature urban
environment.
How the City organization is structured to respond to the
opportunities and challenges facing it will determine whether or
not its quality of life will be sustained and enhanced. A
component of that response is to create a city management team
that will be able to maximize our capability to address the
demands and changes that are now facing us. After working with
staff and department heads for 18 months, I am recommending a
restructuring of functions and responsibilities to better match
the talents of individual managers and provide a framework to
help us maximize our ability to be responsive.
The reasons for the proposed restructuring are as follows:
· To streamline and strengthen the organization's efficiency and
effectiveness via a realignment of key managerial
responsibilities with key managerial talent and skills.
· To better balance, and provide leadership to address the
City's goals for growth and a vibrant economy, coupled with
the goal of providing needed public infrastructure and
amenities.
· To recreate a champion for City parks, open space and
recreation, and to recognize that such leadership is critical
for implementing a new City Master Park and Greenbelt Plan.
· To allow the City Manager to focus more on " big picture" City
objectives, and less on day-to-day operational issues.
The recommended changes are consistent with my belief that
department heads, not central staff, are the heart and soul of an
organization. The existing relationship between most department
heads and the City Manager will not be changed with this
reorganization. In fact, the current direction of encouraging
department heads to be part of a Citywide planning team, with
their Assistants assuming more responsibility for day-to-day
operations, will be continued.
Restructuring
It is recommended that the existing Deputy City Manager position
be reclassified to Assistant City Manager. This position will
assume additional responsibility for internal operations, which
!/-¡)
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Page 3, Item
Meeting Date 12/14/99
will free up the other Assistant City Manager to oversee the
development of the City's facilities and park infrastructure, an
effort in excess of $400 million. In addition, it is proposed to
reconstitute the Parks & Recreation Department, re-establish that
Director position, and functionally place that organization under
his area of responsibility. In addition, the creation of two new
Deputy City Manager positions is proposed through the
reclassification of two existing department head positions, the
Director of Finance and the Director of Library & Recreation.
The incumbents will continue to run their line departments, but
will assume additional significant Citywide responsibilities
Asst. City Manager/Capital Facilities and Parks & Recreation
Director
The planning for construction of new and remodeled City
facilities will become a major area of responsibility for the
current Assistant City Manager. These include such facilities as
a new police facility, civic center expansion, new library,
remodeled new corporation yard and several fire stations, plus a
new animal shelter. To improve the coordination and planning
for the CIP, new facility construction, and park maintenance, the
Public Works Operations Division will be placed under his area of
responsibility. The Director of Public Works, is the direct
supervisor for this division; the Assistant City Manager's role
will be to provide assistance and advice to assure the smooth
coordination of facility and park functions. By placing Public
Works Operations under his area of responsibility, the
coordination of all facility activities is enhanced. A separate
report will be submitted to the Council recommending additional
staffing for this purpose.
The planning and construction of new parks and recreation
facilities is at a critical point. Four to five community parks,
eight to twelve neighborhood parks, a major sports complex,
renovation of an expansion of older parks are all on the horizon,
plus there is a need to improve our school/park cooperation. The
amount of construction pending in the next few years is
unprecedented.
During the preparation of the Park Master Plan, it became evident
that the City needs an " advocate" for park and recreation
programs. While the individual components of the previous Park
and Recreation Department - - recreation, park planning and park
maintenance - are stronger today than a year ago, the clarity of
focus and mission for parks is missing in the organization.
Therefore, it is recommended that the position of Parks and
Recreation Director be recreated and the department be
reconstituted.
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Page 4. Item
Meeting Date 12/14/99
The new department will assume the following functions from
existing departments:
. The recreational programs in the Library/Recreation
Department, and the park planning functions from the
Planning/Building Department.
. There is a consensus that the park maintenance function should
remain in the Public Works Operations Division. The park
maintenance workers have found a \\ home" , and the close
cooperation required between recreation programs and park
maintenance is assured by placing them under the same area of
responsibility, i.e. I Assistant City Manager/Capital
Facilities.
Finally, all franchise agreements and associated activities will
remain under the current Assistant City Manager.
Asst. City Manager/Development Services/Internal Operations
Continued coordination and management of new growth and
development in the City will remain a major responsibility for
this position. This involves the Planning and Building and
Engineering functions and more recently Community Development as
well. It is becoming more important as major new economic and
redevelopment opportunities materialize to closely integrate
community development's entrepreneurial focus, with planning's
long range vision and regulatory framework, with engineering's
infrastructure and operational focus.
This upgraded position will also support the City Manager and the
department heads in a variety of regional tasks and outreach such
as SANDAG, the Port, and coordinate issues with the City and
County of San Diego including the Otay Valley Regional Park, Otay
Mesa, and annexation boundary issues with our adjacent
jurisdictions. State and Federal liaison with Fish and Game, Fish
and Wildlife, the Army Corps, EPA, etc. as witnessed via the
Olympic Parkway permitting will be at issue with future
development entitlements.
In addition, he will be involved in all activities that impact
the internal operations of the City including personnel,
budgeting, work program development and priorities, conflict
resolution, and project coordination.
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Page 5. Item
Meeting Date 12/14/99
Deputy City Manager-Administrative Services
In order for line departments to operate at peak levels of
performance, they must be able to consistently rely on a high
level of support services in the areas of fiscal control,
purchasing, personnel recruitment and retention, and information
technology.
In order to strengthen and improve the delivery of internal
support services by the departments of Finance, Human Resources
and Management Information Systems, it is recommended that the
incumbent continue to serve as the City's Finance Director and
assume the following duties in his capacity as Deputy City
Manager-Administrative Services:
. Providing direct supervision of Finance, Human Resources and
MIS functions. In his role as Deputy City Manager, he will
have the authority and responsibility for improving the
internal operations of all three departments, and the
coordination between them. However, the Director of Human
Resources will continue to serve as the City's Employee
Relations Officer, and in this capacity will report directly
to the City Manager.
. Looking for ways to streamline and improve internal support
activities in order to provide a higher level of service to
operating departments and the public.
In addition, effective March 18, 2000, immediately following the
retirement of the current Special Projects Manager, the Special
Projects Section of the City Manager's Office will be re-titled
the Office of Budget & Analysis and will be expanded to include
primary responsibility for budget preparation and analysis under
this Deputy City Manager's direction as the City's chief
financial officer. The Senior Management Analyst position
currently in the Finance Department will be transferred to the
Office of Budget & Analysis to facilitate this expanded function
and the management position for this office will be upgraded to
include executive level benefits. The current Assistant Finance
Director will assume the position as Director of this section.
Her high level of expertise in budget and analysis coupled with
her valuable experience over the last several years in the
Finance Department, make her an excellent choice to head this
important office.
All assignments and reports will be coordinated directly with the
Deputy City Manager and the City Manager. While the daily
support for this section will be assumed by the Deputy City
Manager, the independence of the work is guaranteed by having
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Page 6. Item
Meeting Date 12/14/99
direct access to the City Manager.
The Finance Department will continue to be heavily involved in
revenue and expenditure projections for both the preparation of
the budget and for control purposes during the year. Beginning
in FY 2001-2002, there are tentative plans to implement a two-
year budget. This will increase staff time available for
performing important fiscal analyses, ensuring future revenue
streams are sufficient to meet the community's long-term service
and infrastructure maintenance needs.
Deputy City Manager-Organizational Development (Library Director)
With the recommendation to recreate a Parks & Recreation
Department, the opportunity presented itself to maximize the
talents of the Library/Recreation Director. He will continue to
serve as the City's Library Director and will assume the
following areas of Citywide responsibilities in his capacity as
Deputy City Manager-Organizational Development/Library Director:
. Training and Organizational Development
He will lead the " learning side" of the organization, and run
the organizational development activities (OD). The existing
Training and Organizational Development staff, currently a
division of the Human Resources Department, will be
transferred to Administration as a separate budget unit under
his direction. However, a close working relationship with
Human Resources will continue. The Director of Human
Resources will participate in recommending development of
training programs; serve as an advisor in organizational
development activities; assist in developing and participate
in an evaluation system for Citywide training activities; and
serve as the \\ in-house" advisor in all personnel related
issues identified during organizational development work.
Moving the function from Human Resources will allow the
Training and Organizational Development staff to provide
support, advice and guidance without the formal Human
Resources link. This break in formal linkage will, in effect,
allow the Training and Organizational Development Office to
provide neutral options for employees and departments in
dealing with various group issues; and alleviate an employees'
perception that training and development is tied to employee
performance and discipline issues. As a result, this
reorganization will allow the Human Resources Department to
focus on employee oriented services.
Placing Training and Organizational Development at the highest
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Page 7, Item
Meeting Date 12/14/99
level of an organization is the norm within private industry
and is becoming more common in local government. By having
the Training and OD function report to a Deputy City Manager,
it heightens the significance of this activity and
demonstrates the importance of these programs to all
employees. Finally, such a structure is seen as more
responsive to the needs of the organization because of its
independence and broader, more global perspective.
· Vision/Mission/Goals/Objectives/Performance Measurements
As part of the Organizational Development function, he and the
Training and OD Office will be responsible for coordinating
the development of City and Department
Vision/Mission/Goals/Objectives. Once those statements have
been created and instituted by the appropriate work group,
efforts can then begin on the development of performance
measurements and benchmarking of City services. While
preliminary efforts have been made in these areas, there has
been no systematic focus or attention to this citywide.
Recently, Library, Recreation and Planning have all developed
meaningful goals and objectives and use them to regularly
chart progress. Staff in those departments report being
enthusiastic about working in teams to implement their goals
and objectives. This is a multi-year effort that will
require a great deal of time and energy if it is to be
successfully implemented.
· Public Information Office
The Public Information Coordinator will report to him. There
is a need to re-energize this important function and to expand
and integrate our marketing activities with the Community
Development Department. Reaching out to the community and
informing them of the Council's priorities and objectives are
critical for a rapidly growing community. There is also an
opportunity here to institute a streamlined coordination of
City sponsored special events.
· Office of Cultural Arts
He will continue to administer the Cultural Arts Office, which
is organizationally a division of the Library.
· DASH/STRETCH Afterschool Proorams
The successful DASH and STRETCH Afterschool Programs will
remain under his administration and continue to function under
the Library Department's umbrella. Both programs have only
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Page 8, Item
Meeting Date 12/14/99
just been initiated and are still in the refinement stage.
Both programs are no longer designed along the lines of
traditional playground recreation programs, but are instead
more focused upon teaching and learning. The Chula Vista
Elementary School District supports this change in focus.
Pending the recruitment and filling of the recommended Parks and
Recreation Director position, he will also continue to assume the
responsibilities for running the recreation programs that are
currently within the Library and Recreation Department. As an
aside, the Director of Planning/Building will continue to be
responsible for the park planning functions pending the hiring of
a new Parks and Recreation Director.
FISCAL IMPACT:
For the remainder of this fiscal year, the cost for the proposed
reorganization is $53,054, with an ongoing cost of $154,278.
Obviously, the largest portion of these figures is for the
reestablishment of the Parks & Recreation Director position,
$31,723, and $117,828 respectively. For example, 76% of the
ongoing cost is attributed to this position. The costs related to
the recommended restructuring is $21,331 in FY 99-00 and $36,450
annually thereafter.
In addition, existing appropriations of $363,887 related to the
Training and Organizational Development unit will be transferred
from the Department of Human Resources to Administration, and
appropriations of $30,000 will be transferred from the Finance
Department to Administration to cover the cost of the Senior
Management Analyst being transferred to the Office of Budget and
Analysis.
y-r
_,_,_"___,__",_"____,___'__,,",,,_______._ ._ .m_'",
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A RESTRUCTURING,
AMENDING THE FISCAL YEAR 1999-2000 BUDGET BY
RECLASSIFYING FOUR POSITIONS, ADDING ONE NEW
POSITION, TRANSFERRING THREE EXISTING
POSITIONS AND APPROPRIATIONS BETWEEN BUDGET
UNITS, AND APPROVING ADDITIONAL APPROPRIATIONS
OF $54,194 FROM THE AVAILABLE FUND BALANCE IN
THE GENERAL FUND
WHEREAS, staff is requesting approval to restructure the
organization by reclassifying four top management positions, re-
establishing the previous position of Director of Parks and
Recreation to manage a reconstituted department, and transferring
the positions and related budget of the Training and Organizational
unit from Human Resources to Administration; and
WHEREAS, the reasons for the proposed restructuring are
as follows:
· To streamline and strengthen the organization's
efficiency and effectiveness via a realignment of
key managerial responsibilities with key managerial
talent and skills.
· To better balance, and provide leadership to
address the City's goals for growth and a vibrant
economy, coupled with the goal of providing needed
public infrastructure and amenities.
· To recreate a champion for city parks, open space
and recreation, and to recognize that such
leadership is critical for implementing a new City
Master Park and Greenbelt Plan.
· To allow the city Manager to focus more on "big
picture" City objectives, and less on day-to-day
operational issues.
WHEREAS, these actions will allow a reassignment of
functions and responsibilities to better match the talents of
individual managers and provide a framework to help the City be
responsive in meeting the demands and challenges of a growing
cQmmunity.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve a restructuring of the city
organization by reconstituting the Department of Parks & Recreation
1
9-9
-~'-"---'- --_-.---.--'"-----'" _,_~____"..___"___m_
to be effective upon the hiring of a Director of Parks and
Recreation.
BE IT FURTHER RESOLVED that the new position of Director
of Parks & Recreation is hereby approved.
BE IT FURTHER RESOLVED that the Deputy City Manager is
hereby reclassified to Assistant City Manager.
BE IT FURTHER RESOLVED that the Finance Director is
hereby reclassified to Deputy City Manager - Administrative
Services (Finance Director) .
BE IT FURTHER RESOLVED that the Library Director is
hereby reclassified to Deputy City Manager - Organizational
Development (Library Director) .
BE IT FURTHER RESOLVED that the position of Special
Projects Manager is hereby reclassified to Director of Office of
Budget & Analysis including executive level benefits effective
March 18, 2000.
BE IT FURTHER RESOLVED that the positions of Manager of
Training and Development, Training and Development Coordinator and
Training and Development Technician and the appropriations
($363,887) for the Training & Organizational Development Division
in the Department of Human Resources are hereby transferred to a
new Office of Training & Organizational Development under
Administration.
BE IT FURTHER RESOLVED that a Senior Management Analyst
position and $30,000 in appropriations is hereby transferred from
the Department of Finance to the Office of Budget & Analysis,
effective March 18, 2000.
BE IT FURTHER RESOLVED that additional appropriations for
Library & Recreation ($40,383), Administration ($7,316) and Finance
($6,495) is hereby approved from the available General Fund
Balance.
Presented by Approved as to form by
b~&~j~~
David D. Rowlands, Jr., city ney
Manager
H:\home\attorney\reso\reorg
2
Y-IO
--"-,-,--,--"-------'"----,--,----,--_._~--
COUNCIL AGENDA STATEMENT
ITI!M No. 9
MEETING DATI! 12114/99
ITEM TITLI!: ORDINANCE AMENDING SECTION 2.31.040. B.3 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE APPOINTMENT OF EX-OFFICIO
MEMBERS OF THE MOBILEHOME RENT REVIEW COMMISSION
SUBMITTED BY: CITY ATTORNEy8G~µt...
COMMUNITY DEVELOPMENT DEPARTMENT ~ ~e~
(;,'Þ
RI!VII!WED BY: CITY MANAGER J vr/ (4/5TH8 VOTI!: VES_ NO..A...)
,kt'
_fiNÞ
On April 21, 1992, Ordinance 2502 amending Chapter 2.31 of the Chula Vista Municipal Code relating to the
Mobilehome Rent Review Commission was approved making certain technical changes and corrections. At such
time, Council voted to retain the Ex-Officio memberships, with one member a resident and one member a park
owner. The Ex-Officio members are not entitled to vote. However, the codified version does not reflect what Council
approved. The ordinance currently states that Ex-Officio members shall not have an interest as either a tenant in, or
an owner or manager of, a mobilehome park. This section of the ordinance needs to be amended to correctly reflect
the actions of Council.
Adopt the proposed amendment to the ordinance.
~. _.~íII'üRJfill"_iCôMMI!NDATlÓ"'~U ~ . .~... :;;'S7.....
~ ,'., '"''''
Not Applicable
Staff is recommending the proposed amendment in order to correct Chapter 2.31 of the Chula Vista Municipal Code
relating to the Mobilehome Rent Review Commission with regard to Ex-Officio members (Attachment A). On April
21, 1992, Ordinance 2502 making certain technical changes and corrections to Chapter 2.310f the Code was
approved by City Council. At such time, Council voted to retain the Ex-Officio memberships, with one member being
a resident of a mobilehome park and one member being a park owner. No Ex-Officio member would be entitled to
vote. However, the codified version does not reflect what Council approved.
The ordinance at Section 2.31.040.8.3. presently states that "any such appointed Ex-Officio member shall have,
throughout their term, no interest as either a tenant in, or an owner or manager of, a mobilehome park". This section
of the ordinance pertaining to Ex-Officio members needs to be amended to allow Council to "appoint one ex-officio
member who shall be shall be a tenant in a mobilehome park at the time of appointment and throughout the
member's term" and "one ex-officio member who shall be an owner of a mobilehome park at the time of appointment
and throughout the member's term".
There is no fiscal impact resulting from the proposed amendments.
9-/
---~,~""'-+
'1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 2.31.040 B. 3 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO THE APPOINTMENT OF EX-OFFICIO
MEMBERS OF THE MOBILEHOME RENT REVIEW
COMMISSION
The City Council of the City ofChula Vista does ordain as follows:
That Section 2.31.040 B. 3 is hereby amended as follows:
3. General Ex-Officio Members.
The city council, or its designee, may appoint not greater than three (3) additional ex-officio
members of the commission, who shall not be required to be qualified elector(s) of the city, but any
such appointed ex-officio member, shall have, throughout their term, 110 illlGI Gsl AS cithe¡ II tel11111l ;u,
OJ CUi VVYU'-'J 01 j:u.A1ìt.\~GJ of, A JltobH,hvUH.,. pwk., cLud nho .\hMl ht\vG no vote ("General Ex-Officio
Member"). The Council shall appoint one ex-officio member who shall be a tenant of a mobilehome
park within the Ci~ at the time of appointment and throuihout the member's term The Council
shall also appoint one ex-officio member who shall be an owner of a mobilehome park within the City
at the time of!ij)pointment and throu¡¡hout the member's term
Presented by: Approved as to form by:
~~ GlliW9~~~
Chris Salomone
John M. Kaheny
Director of Community Development City Attorney
ATTACHMENT "A"
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COUNCIL AGENDA STATEMENT
Item: ;0
Meeting Date: 12/14/99
ITEM TITLE: a. Resolution Amending the FY 99/00
budget by appropriating unanticipated donation revenue in the
amount of $32,750 to the Library and Recreation Department
budget for expenditures associated with the Chula Vista Literacy
Team, the Cultural Arts Program, the Therapeutics Program, the
Recreation Division, and the Library Division
b. Resolution Authorizing the transfer of
$6,400 from the Library Donations account to the Friends of the
Library Endowment Fund at the San Diego Foundation
SUBMITTED BY: Library and Recreation Manager CJ'ifJ
1V
REVIEWED BY: City Manager ~ ¡) jl- (4/5ths Vote: YES X NO )
Since July, 1999, the Library and Recreation Department has been receiving donations from
various organizations and individuals to support the programs in the Department. At this time,
the Department wishes to accept the donations and appropriate and budget the funds for the
programs intended to receive the funds.
Chula Vista Literacv Team
The Chula Vista Literacy Team has been given a $450 donation from the Friends of the South
Chula Vista Library, and a $200 donation from the California State Library Foundation.
Cultural Arts
The Cultural Arts Programs receives funds in various amounts over a fiscal year from both
individuals and corporations in general support of cultural arts in the community. These funds
now total $1,175.
Therapeutics Proaram
The Therapeutics Program has received funds in the past from Convair, General Dynamics,
Rohr (B.F. Goodrich) and the sum of $3,000 from the Norman Park Senior Center Club.
These funds have been accumulating for several years in order to replace equipment and
purchase special programs. The funds accumulated now total $11,864 and are being
requested for appropriation and expenditure.
/ú-!
Item: _, Page 2
Meeting Date: 12/14/99
Recreation Division
The Recreation Division has received funds over the past few years from varied individuals
and entities. The general intent of the donation of these funds is to enhance recreation
programming. The Recreation Division has determined that $13,000 of these donated funds
may now be appropriated for several needed program expenditures.
Librarv Donations
The Library has conducted a number of fund raising campaigns including a direct mail
program and solicitations in conjunction with the unveiling of Donor Recognition Plaques.
These funds now total $12,461.
STAFF RECOMMENDATION: That Council approve the resolutions
1. Accepting the donations to the Library and Recreation Department, amending the FY
99/00 budget and appropriating funds.
2. Authorizing the transfer of $6,400 in Library donations to the Friends of the Library
Endowment Fund at the San Diego Foundation
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: The Chula Vista Literacy Team's receipt of $450 includes $250 to be used to
host two of the Chula Vista Literacy Team's, "Families For Literacy" events. On November 6,
1999, the Literacy Team's first "ABC Fair" will be held at the South Chula Vista Library. On
May 3, 2000, the San Diego Opera Ensemble Program will present "Papagayo", designed
especially for Grades K-3, at the Chula Vista Junior High School Auditorium. Both of these
events will be open to the community. The remaining $200 will be used to purchase computer
accessories for the Computer Learning Lab.
In addition, the Families for Literacy Program has received $200 from the California State
Library Foundation for the purchase of books. Specifically, the Program will purchase "The
Grinch Who Stole Christmas" books for the Christmas Families for Literacy Program.
The Cultural Arts donation funds are being requested to be appropriated into the Cultural Arts
budget to be used as for expenditures for various cultural arts programs throughout the year.
The Therapeutics donation funds will be use for a Puppet Show and fieldtrip transportation for
Camp Sunrise ($1,709); a Christmas Magic Show, Aerobic equipment, miscellaneous
supplies, and field trip transportation for the Developmentally Disabled ($5,634); and Adaptive
Sports Equipment, Wheelchairs, T-Shirts and fieldtrip transportation for the Physically
Challenged ($4,503).
The Recreation Division intends to use its donated funds to purchase and install an outdoor
marquee for Loma Verde Center (for program announcements); and to enhance its training
budget for such training as aquatic certification, revenue management workshops, and
recreation program needs.
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Meeting Date: 12/14/99
The Library has $6,061 that will be used to purchase books and other library materials.
$6,400 of the Library donations will be transferred to the Friends of the Library Endowment at
the San Diego Foundation. In September 1997 the City Council endorsed the creation of the
endowment fund, proceeds from which will eventually be disbursed directly to the City Library
for the acquisition of materials. At that time the Council also authorized the transfer of a
previous $15,000 in Library donations to the endowment fund.
FISCAL IMPACT: The donated funds will provide:
1. $650 to the Library and Recreation Department for the Chula Vista Literacy Program
budget. A condition of the acceptance of these funds from the Friends of the South
Chula Vista Library is that these funds cannot supplant existing funds.
2. $1,175 for Cultural Arts programs.
3. $11,864 for Therapeutics Programs.
4. $6,061 for the book budget in the Library Division.
5. $6,400 to be transferred to the Library Endowment Fund.
6. $13,000 for various expenditures in the Recreation Division.
[e:\homellibrarylA 113\Oonations for CA - Rec - Lib.A 113 - 12-02-99]
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 99/00 BUDGET BY
APPROPRIATING UNANTICIPATED DONATION REVENUE
IN THE AMOUNT OF $32,750 TO THE LIBRARY AND
RECREATION DEPARTMENT BUDGET FOR EXPENDITURES
ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM,
THE CULTURAL ARTS PROGRAM, THE THERAPEUTICS
PROGRAM, THE RECREATION DIVISION, AND THE
LIBRARY DIVISION
WHEREAS, since July, 1999, the Library and Recreation
Department has been receiving donations from various organizations
and individuals to support the programs in the Department; and
WHEREAS, at this time, the Department wishes to accept
the donations and appropriate and budget the funds for the programs
intended to receive the funds as follows:
Chula vista Literacy Team
The Chula vista Literacy Team has been given a $450 donation from
the Friends of the South Chula vista Library, and a $200 donation
from the California State Library Foundation.
Cultural Arts
The Cultural Arts Programs receives funds in various amounts over
a fiscal year from both individuals and corporations in general
support of cultural arts in the community. These funds now total
$1,175.
Therapeutics Proqram
The Therapeutics Program has received funds in the past from
Convair, General Dynamics, Rohr (B.F. Goodrich) and the sum of
$3,000 from the Norman Park Senior Center Club. These funds have
been accumulating for several years in order to replace equipment
and purchase special programs. The funds accumulated now total
$11,864 and are being requested for appropriation and expenditure.
Recreation Division
The Recreation Division has received funds over the past few years
from varied individuals and entities. The general intent of the
donation of these funds is to enhance recreation programming. The
Recreation Division has determined that $13,000 of these donated
funds may now be appropriated for several needed program
expenditures.
1
I
. _,.' '.___...._.__n._ _ .._________' ,__~~_,_,___.____,_"..__'''''~____, '.""_
Library Donations
The Library has conducted a number of fund raising campaigns
including a direct mail program and solicitations in conjunction
with the unveiling of Donor Recognition Plaques. These funds now
total $12,461.
NOW, THEREFORE, BE IT RESOLVED the city council of the
city of Chula vista does hereby accept the donations to the Library
and Recreation Department set forth hereinabove.
BE IT FURTHER RESOLVED that the FY 99/00 budget is hereby
amended by appropriating unanticipated donation revenue in the
amount of $32,750 to the Library and Recreation Department budget
for expenditures associated with the Chula vista Literacy Team, the
Cultural Arts Program, the Therapeutics Program, the Recreation
Division, and the Library Division.
Presented by Approved as to form by
David Palmer, Library and
Recreation Director
H: \home\attorney\reso\donation. lib
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE TRANSFER OF $6,400
FROM THE LIBRARY DONATIONS ACCOUNT TO THE
FRIENDS OF THE LIBRARY ENDOWMENT FUND AT THE
SAN DIEGO FOUNDATION
WHEREAS, in September 1997, the City Council endorsed the
creation of the endowment fund, proceeds from which will eventually
be disbursed directly to the City Library for the acquisition of
materials; and
WHEREAS, $6,400 of the Library donations will be
transferred to the Friends of the Library Endowment at the San
Diego Foundation.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby authorize the transfer of $6,400
from the Library Donations account to the Friends of the Library
Endowment Fund at the San Diego Foundation.
Presented by Approved as to form by
David Palmer, Library and
Recreation Director
H:\home\attorney\reso\friends.don
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COUNCIL AGENDA STATEMENT
,
Item: \ \
Meeting Date: 12/14199
ITEM TITLE: Resolution Approving an agreement between
the City of Chula Vista and Innovative Interfaces to provide
services for the City of Chula Vista Integrated On Line System
(IOLS); and authorizing the Director of Finance to Execute a
Lease-Purchase Agreement that provides funding for the 10LS;
and amending the FY 99/00 budget to approve amendments to
the Capital Improvement Project and Debt Service budgets to
reflect these actions
SUBMITTED BY: Library and Recreation Director9?JP
Director of Finance V
REVIEWED BY: City Manager Cß ~ (4/5ths Vote: Yes --L No ~
~r Þ ¡z-
The adoption of the FY 98/99 Capital Improvement Program included funds for the replacement
of the Library's nine year-old, labor intensive, computerized catalog and circulation system with
a client-server based, fully Integrated-Online-Library-System (IOLS). During last fiscal year, the
Library began preliminary work on the infrastructure necessary to support a new system and on
the design and release of a formal Request for Proposal. The selection process for a new 10LS
concluded late this summer, with the committee unanimously recommending Innovative
Interfaces' Millennium system.
STAFF RECOMMENDATION: That Council approve the resolution:
1. Approving an agreement between the City of Chula Vista and Innovative Interfaces to
provide services for the City of Chula Vista Integrated On Line System (IOLS); and
2. Authorizing the Director of Finance to Execute a Lease-Purchase Agreement that
provides funding for the IOLS; and
3. Amending the FY 99/00 budget to approve amendments to the Capital Improvement
Project and Debt Service budgets to reflect these actions.
BOARD/COMMISSION RECOMMENDATION: The Library Board of Trustees has been fully
apprised of the need for a new 10LS and has received progress reports on the selection
process over the past year. One member of the Board of Trustees served on the final selection
committee. At their October 1999 meeting, the Board was informed of the reasons why
Innovative Interfaces was the preferred vendor.
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Item _. Page 2
Meeting Date: 12t14/99
DISCUSSION:
Selection Process
In 1990, the Library inaugurated its second-generation automated library system by purchasing
the Inlex software product and necessary Hewlett Packard minicomputer, peripheral equipment
and software. The Inlex system allowed the Library to institute an online public access catalog
as well as continue the automated circulation services (check-out, check-in, overdue notices,
etc.). At the time of purchase, it was assumed that technological advances would make the
Inlex system obsolete within five to seven years.
Indeed, the advent of client-server technology and the development of Web based product lines
have pushed library automation systems into the 21st Century. Additionally, the Inlex system,
which was purchased by the library automation firm DRA in the mid-1990s is no longer being
supported with new software development. For example, the Library now requires a system
that fully integrates not only the circulation and catalog functions, but also incorporates
acquisitions and serials control. Finally, the Library greatly desired the ability to offer its catalog
and other services to the public via the Internet.
In FY 98/99, the City Council adopted a Capital Improvement Program project to replace the
Library's Inlex system. Throughout last fiscal year, the Library began an upgrade of its
infrastructure to support a new system and spent considerable time and effort to draft a
comprehensive Request for Proposal (RFP).
In mid-1998, the Library created a staff committee, chaired by the Library Automation Manager,
to determine functional needs and to draft an RFP. The committee reviewed current operations,
researched the state of library technology, and invited a number of automation vendors to make
informal presentations. The work culminated in February 1999, with the release of a Request
For Proposal (RFP) seeking proposals for the purchase and maintenance of a new IOLS to
accommodate existing and future demands.
Proposals were due on April 12, 1999, and some 7 firms responded to this call. A bidder's
conference was held on March 8, 1999, to allow vendors the opportunity to clarify any questions
they might have. The staff committee then carefully reviewed and analyzed the responses
based on the criteria established in the RFP:
· Costs: software, maintenance, licensing, options, custom development and
programming, training, documentation and hardware requirements
· System design and functionality
· System reliability, and performance record
· System flexibility, expandability and upgrade capability
· Vendor qualifications and stability
· References and experience
· Quality of implementation and ongoing support (including maintenance, software
updates, user groups and publications), training and documentation.
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Meeting Date: 12/14/99
· Clarity of proposal
· System demonstration
· Implementation plan
As a result of this analysis, the committee short-listed two firms, DRA and Innovative Interfaces,
and invited them to present formal demonstrations in July 1999.
At this time, the City Manager appointed the final selection committee as required by the
Purchasing Ordinance. The members were:
David Palmer, Library and Recreation Director
George Hartman, member Library Board of Trustees
Louie Vignapiano, Director of Management and Information Services
Paula Brown, Assistant Library Director
Margaret Blue, Principal Librarian in charge of Technical Services
Roger Baber, Librarian III in charge of Cataloging
Stephanie Loney, Librarian III in charge of Collection Development
Brad Penner, Information and Readers Services Librarian II
Glenda Hogg, Circulation Supervisor at Civic Center Library
Pat Boudreau, Circulation Supervisor at South Chula Vista Library
Connie Lawthers, Microcomputer Specialist
Purchasing Agent John Coggins also met with each vendor to answer questions and clarify the
City's requirements.
The two firms (DRA and Innovative Interfaces) were invited to formally demonstrate their
products to the final selection committee in July 1999. Each firm was asked to demonstrate the
cataloging, acquisitions, serials control, reports, circulation, and the online public access catalog
functions.
Vendor Selection
The vendor demonstrations were critical to the final decision, since both DRA and Innovative
wrote, in their response to the RFP, that they had the ability to fulfill the functionality
requirements.
The selection committee "zeroed in" on three major decision points: the ability to provide
functionality in the five specified modules at time of installation; the cost of ongoing
maintenance; and the affordability of user licenses.
As illustrated by the chart below, Innovative surpassed DRA in both cost and functionality. Of
particular interest:
. Innovative fully demonstrated the five modules specified in the RFP, while DRA could only
demonstrate one module
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Meeting Date: 12/14/99
. Cost of hardware and software maintenance over a five year period for Innovative was 41 %
less than DRA's five year costs
. Innovative provided unlimited user licenses for the system while DRA limited usage to 190
users
FEATURES USED TO SELECT THE NEW IOLS VENDOR
I System Features I Innovative Interfaces I DRA I
Demonstrated module
functionality
Online Public Catalog Yes Yes
Circulation Yes No- to be completed in late
1999
Cataloging Yes No- to be completed in late
1999
Serials Yes No- to be completed in early
2000
Acquisitions Yes No- to be completed in mid
2000
Cost
System and hardware $295,700 $299,019
Maintenance over 5 years $120,199 $204,433
User Licenses Unlimited 190; $10 per additional
license
Following the daylong demonstrations and analysis of the written responses, the committee
unanimously selected Innovative Interfaces. Reference calls were made and Innovative
Interfaces received excellent critiques from client libraries, including Inlex customers who are
currently migrating to their product.
Innovative Interfaces
Innovative Interfaces is a privately held company founded by a small group of librarians and
computer professionals in 1978. Headquartered in Emeryville, California, the company is
exclusively focused on library automation systems and services. In 1997, the company had 667
installations including academic, public and special libraries in North America, Asia, Europe,
Africa and the Middle East. Major public libraries utilizing the Innovative Interfaces product
include Berkeley Public, the Public Library of Nashville and Davidson County, Boston Public
Library, Houston Public Library, and Sacramento Public Library. Closer to home, the Coronado
Public Library is an Innovative customer.
[e:\homellibrarylA 113\IOLS Selection.A 113 - 12-03-991
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Meeting Date: 12/14/99
Because Innovative is a privately held company, the official financial infonnation is confidential.
However, the company indicates that they have no significant long-term debt and virtually no
short-term debt. They also indicate that they are profitable each quarter and each year. Annual
gross sales were $55-60 million in 1995, 1996 and 1997. Innovative claims that there have
never been any layoffs, and turnover at the company is minimal, with the average tenure of
management staff being seven years. The Dun and Bradstreet Rating (Number 03-267-7213) is
excellent.
System ComDonents
Innovative Interfaces' Millennium will be the Library's first truly open, modular and integrated
system. It offers a fully interactive suite of modules that may be customized to fit the Library's
unique needs. The product will streamline operations, provide new functionality, and manage
the universe of information by offering the following functions:
Online Catalog (OPAC)
The OPAC is what allows library users, whether in the library, at home, or "on the road,"
to know which books and materials the Chula Vista Public Library owns. The Millennium
OPAC is web-based and is accessed through a browser screen similar to Netscape or
Explorer.
Since it is web-based, registered library patrons will now be able to place their own holds
on library materials, retrieve their outstanding fines and fees, renew books, as well as
browse online reference "books." from home, office, or the library. The License
agreement allows for unlimited Web OPAC users. Users may also access the screens
in Spanish, as well as English.
Circulation
The circulation module will track over 1 million checkouts and check-ins annually, and
maintains overdue records and notices, fines, and renewals. The Windows based
screens allow for the easy and accurate entry of patron data and updating of item
records.
The system also includes an automatic telephone notification system that alerts library
users when they have overdue materials. It is expected that the Library will improve the
return rate of overdue materials through a combination of traditional overdue notices
sent by mail and telephone notices.
[e:\home\library\A113\IOLS Selection.A113 -12-03-99J
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Item _. Page 6
Meeting Date: 12/14/99
Cataloging and Report Writer
Every item in the library's collection is electronically cataloged. This Windows-based
module allows staff to create item records with simple, easy-to-use menus, toolbars and
shortcut keys. Records can be imported online from our cataloging utility company,
OCLC. Operations that have consumed large amounts of time in the current system,
such as database maintenance and authority control, now have a systemized and
straightforward approach.
The Report Writer ensures that a full range of web-based management reports may be
generated, or created by staff and the report criteria saved for future use.
Acquisitions
The Acquisitions module will allow the Library to electronically order materials from
major vendors, encumber funds, and maintain complex fund accounting in a manner
never before available.
Serials
For the first time the library will have computerized serials (magazines, newspapers,
annual publications) control. This will allow automated check-in, routing, and claiming.
Other Services
· Innovative Interfaces will setup and install the system server hardware, and all server and
Millennium software.
· They will oversee the profiling of our current databases and the loading of the data into the
Millennium System.
· Customized on-site staff training, with hands-on access to the Library's own database, is
provided for each module as part of Innovative's implementation.
· The system provides for 77 staff users and an unlimited number of Web OPAC users.
· Innovative Interfaces has provided a Year 2000 certificate certifying that INNOPAC is Year
2000 compliant.
Maintenance
The agreement with Innovative includes a hardware and software maintenance agreement with
a pricing schedule for the first five years, and renewable for six additional years at a rate not to
exceed 5% or CPI-U, whichever is less. The system and hardware are covered under warranty
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Meeting Date: 12/14/99
for 1 year from date of installation. In Years 2-5, the hardware/software maintenance cost is
$27,500 annually, compared to the $43,000 that the Library is currently paying each year. The
agreement also includes maintenance services and help desk support 24 hours a day, 7 days
per week. Response time is required to be within 4 hours of the service call.
The City's Purchasing Agent reports that this is an extremely favorable maintenance agreement
when compared to recent City software system purchases.
The Aç¡reement and System Costs
The CIP for the 10LS has increased in cost from $644,500 to $1,028,118 (including financing
costs). The main reasons for the increase in costs are:
1. There are now software solutions to public library service issues that were not available
when the project was originally estimated. These issues include networked computer
printing using debit card technology, the ability to electronically "book" the use of a
computer, privacy screens on public access computers, self-checkout machines which
allows for the check-out of videos and talking books. These solutions will save labor
costs, streamline operations and improve public service.
2. Originally the Library had intended on retrofitting existing furniture. Assessment of the
furniture found it was not compatible with ADA requirements for computer workstations,
and does not have a functional wire management system. To maintain the integrity of
the building interior and ensure the best possible physical access to the automated
library system new computer workstation furniture designed for a public library setting
will be purchased.
Of significant note to the overall system costs, is that the cost of the Innovative system was
negotiated at a lower amount due to the effort of a consultant the City hired, Mr. Richard Boss.
Mr. Boss a noted Library Automation expert, assisted the City in the contract negotiation
process, and saved the City $19,504 in both system costs and future maintenance costs.
Financing Structure
This project qualifies for funding by development impact fees up to 27.18 percent of the total cost,
with the remainder to be funded by non-development sources. After deducting the DIF funded
share of $250,970, this leaves $672,391 to be funded by other sources. Since the City currently
has a number of critical capital needs, requiring the allocation of limited resources, staff has
investigated two different long term financing options, (1 borrowing by issuing bonds or certificates
of participation through the municipal marketplace and (2 a lease-purchase agreement. Both of
these options have been used successfully by the City in the past. By spreading the costs over the
useful life of the project, the financial impacts would be both deferred and reduced in anyone year.
[e:\I1ome\librarylA 113\IOLS Selection.A 113 - 12-03-99]
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Item _. Page 8
Meeting Date: 12/14/99
Municipal market borrowing entails significant issuance costs in the form of Bond Counsel,
Financial Advisor, Underwriting fees, etc., with the trade-off typically being lower interest rates.
This type of financing is usually reserved for larger borrowings of at least $5 million due to the high
costs of debt issuance. Lease-purchase arrangements have been used by the City for recent
projects such as the Public Safety Computer Aided Dispatch System, the 800 Mhz System, and
the Fiscal System Replacement, and although typically resulting in slightly higher interest costs, are
comparable in overall cost for this size of borrowing due to negligible issuance costs.
The recommended financing plan is a lease-purchase agreement between the City as lessee and
CaLease as lessor, and also includes an Escrow Agreement which covers the flow of funds
between CaLease and the City. Both documents are on file with the Finance Department in
substantially final form and have been reviewed and approved as to form by the City Attorney. The
Lease will be a City obligation secured by a lien on the equipment and a pledge of General Fund
moneys. Lease payments will be required on a semi-annual basis. Once approved, the funding
will be deposited in an escrow account to be withdrawn in accordance with the terms and
conditions included in the individual purchase contracts.
CaLease is a non-profit public benefit corporation established for the sole purpose of acting as
Lessor in lease-purchase transactions as part of the California Statewide Communities
Development Authority's Financing Program, which is sponsored by the League of California Cities
and the California State Association of Counties. Since CaLease actually bids out the financing to
various funding sources, staff is confident that the interest rate obtained (5.51 %) is competitive with
the current market for similar financings. The term of the financing is recommended at five years.
This shorter term is reasonable and consistent with financing market expectations and does not
unduly expose the City to making lease payments on equipment beyond its useful life. Shorter
terms would increase annual funding commitments while decreasing overall financing costs, while
longer terms would decrease annual funding commitments while increasing overall financing costs.
FISCAL IMPACT: The CIP project has two sources of funding; the lease-purchase agreement
and Development Impact Funds (DIF). The debt service repayments for the lease purchase will
utilize California Library Services Act (CLSA) funds, in an amount of $777,148. The scheduled
payment for FY 99/00 is $77,148, in FY 2000/01 through FY 2003/04, the scheduled payment is
$155,500 each year, and in the final year (FY 04/05), the payment is $77,148. This decision
may be revisited each year during the consideration of the CIP budget.
DIF monies fund the project at a rate of 27.18% (or $250,970) of the total cost of the project. In
FY 98/99, the initial year of the project, DIF funded $147,000 of the total project costs; and in FY
99/00, DIF will fund the remainder of its obligation, or $103,970 of the total project costs.
Future costs associated with the implementation of this system include $27,500 per year
(commencing in the second year following installation) for hardware and software maintenance.
Attachment: "A" Agreement between City of Chula Vista and Innovative Interfaces
liB" CIP LB 133 Budget Detail
[e:lhomellibraryIA 113110LS Selection.A 113 - 12-03-99]
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ATTACHMENT A
City of Chula Vista - Library Automation Project
Agreement between the City of Chula Vista and Innovative Interlaces
The agreement between the City and Innovative Interfaces is going through its final review
in the City Attorney's Office. The City's Purchasing Agent expects the signed agreement
to be received on Tuesday morning, December 7,1999.
/'. _, c.:>ï
, .
I
ATTACHMENT B
City of Chula Vista - Library Automation Project
CIP LB-133
Budget Detail Total Cost
Proiêct Component Purpose of Prolect Cost Detail
Staff Expenses 36,899
Cost of providing staff services to project 34,810
Training 2,089
Contract Services 29,893
Network Technology Plan 6,893
Automation Contract Services 3,000
Conversion of existing database format to new vendor's format 20,000
Software 386,856
Network security and server software 19,660
Desktop office and security software 3,356
Upgrade existing H-P minicomputer for Y2K compliance 2,450
Contract for Automated Library System (Includes tax) 308,590
Cash management system and networked printing software 52,800
Hardware; Furniture $ 385,771
Networking and intemetworking devices induding servers, printers, $ 76,753
telecommunications. cabling, wiring, and new circuits
94 Desktop PCs for the public $ 115,364
Furniture for 25 public workstations $ 120,000
50 Privacy screens for public monitors $ 14,000
Barcode Reader/Printers; Laser scanner $ 9,054
2 3M Self-Checkout Machines $ 48,055
3 Large screen monitors $ 2,545
Project Expenditures to Date: $93,236
Estimated Project Costs Ino finance cha",.slnclu.ed) $ 839,419
Plus 1 0% Contingency $ 83,942
Sub-Total $ 923,361
Amount to be Financed less the following:
DIF Funding: $ 250,970
Total to be Financed: I $ 672,391 I
Financing Charges: $ 104,757
TOTAL PROJECT COST: $ 1,028,118
Funding Sources of Project: DlF: $250,970
CLSA (California Llbraoy Service. Act): $777,148
$1,028,118
11/29/994:42PM 1/ -/0 [e:\home\library\automation CIP\Automation Spreadsheet for A-113]
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9
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND INNOVATIVE INTERFACES
TO PROVIDE SERVICES FOR THE CITY OF CHULA
VISTA INTEGRATED ON LINE SYSTEM (IOLS); AND
AUTHORIZING THE DIRECTOR OF FINANCE TO EXECUTE
A LEASE-PURCHASE AGREEMENT THAT PROVIDES
FUNDING FOR THE IOLS; AND AMENDING THE FY
99/00 BUDGET TO APPROVE AMENDMENTS TO THE
CAPITAL IMPROVEMENT PROJECT AND DEBT SERVICE
BUDGETS TO REFLECT THESE ACTIONS
WHEREAS, the adoption of the FY 98/99 Capital Improvement
Program included funds for the replacement of the Library's nine
year-old, labor intensive, computerized catalog and circulation
system with a client server based, fully integrated-online-library-
system (IOLS); and
WHEREAS, during last fiscal year, the Library began
preliminary work on the infrastructure necessary to support a new
system and on the design and release of a formal Request for
Proposal; and
WHEREAS, the selection process for a new IOLS concluded
late this summer, with the committee unanimously recommending
Innovative Interfaces' Millennium system.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve an Agreement between the
City of Chula Vista and Innovative Interfaces to provide services
for the city of Chula vista Integrated On Line System (IOLS), a
copy of which shall be kept on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Director of Finance is
hereby authorized to execute a Lease-Purchase Agreement that
provides funding for the IOLS.
BE IT FURTHER RESOLVED that the FY 99/00 budget
amendments to the Capital Improvement Project and Debt Service
budgets to reflect this action is hereby approved.
Presented by Approved as to form by
David Palmer, Library and
Recreation Director
H:\home\attorney\reso\IOLS
1/- /1
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ATTACHMENT A
The last draft of the agreement between Innovative Interfaces and the City is attached. The final
form of the agreement shall be substantially the same; however, some changes are currently being
negotiated. The final form of the agreement will be prepared and approved by the City Attorney.
/1- /?-
Innovative Interfaces, Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 1
AGREEMENT is mad~ this _th day of ,1999,
BY AND BETWEEN, AND INTENDING TO BE LEGALLY BOUND
INNOVATIVE INTERFACES, INC., an Equal Opportunity Employer, M/F, H!V Company,
inco'1JOrated under the laws of the State of California, (hereinafter referred to as "Innovative
Interfaces")
-and-
CITY OF CHULA VISTA (hereinafter referred to as the "City")
WITNESSETH
WHEREAS the City wishes to install and use a computer system to improve the operation of the library;
and,
WHEREAS Innovative Interfaces has represented and does hereby represent to the City, subject to the terms
and conditions hereof, that the computer equipment and related software and services to be supplied
to the City pursuant hereto will satisfy the requirements of the City as set forth hereunder;
NOW THEREFORE in consideration of the premises, and the mutual covenants and agreements herein
contained, the parties hereto agree as follows:
1.00 INTERPRETATION
Where used in this Agreement, unless the context otherwise requires, the following words and
phrases have the respective meanings set forth below:
1.01 "Agreement", "this Agreement", "Purchase Contract", "herein", "hereunder" and similar expressions
refer to this Agreement and the Schedules annexed hereto and referred to herein, all as amended
from time to time, and the expression "Section" followed by a number means and refers to the
specified section of this Agreement:
1.02 "System", "Software", or "Millennium" refers to the software developed by Innovative Interfaces
for use in a library environment, including all components necessary for running an automated
library system as described more particularly in Schedule D.
1.03 "Equipment" means the computer equipment and equipment peripheral thereto purchased by the
City.
1.04 "Installation Site" or "Site" means the room or rooms within which each unit of the Equipment is
to be installed on the premises of the library.
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1.05 "Purchase Price" means the dollar amount as set out in Schedule B, plus all applicable taxes and cost
of transportation and/or installation specified in such schedule.
1.06 "Vendor" refers to Innovative Interfaces, Inc.
2.00 SUPPLY OF SYSTEM
2.01 In consideration of the payment of the Purchase Price and subject to all the terms and conditions
hereof, Innovative Interfaces shall:
(a) sell to the City, and the City shall purchase, the Equipment referred to in Section 3.00;
(b) supply to the City under license the Software referred to in Section 4.00; and
(c) deliver to the City the materials and documentation referred to in Section 5.00.
(d) deliver services as set out in Schedule A.
2.02 Subject to the other terms and conditions hereof, the System will be installed and will become
operational in accordance with the implementation timetable set forth in Schedule C.
3.00 EQUIPMENT
3.01 The Equipment will consist of computer equipment to adequately support the MILLENNIUM
System, including all necessary components and peripherals for proper functioning, as described
more particularly in Schedule A, not including the section labeled "OPTIONAL HARDWARE", as
set out in Schedule A.
3.02 All Equipment provided under the terms of the Contract, including that provided initially or as part
of upgrades shall be new and shall be covered by manufacturer's warranty. All replacement
hardware supplied under the maintenance agreement shall be eligible for current manufacturer
warranty. Innovative Interfaces shall be responsible for administering the third-party warranties.
Should the City remove hardware from the maintenance program, the payment of any warranty
certification fee required by the manufacturer shall be the responsibility of the City.
4.00 SOFTWARE
4.01 hmovative Interfaces will supply to the City the MILLENNIUM System, together with all Software
needed for proper System operation, as described more particularly in Schedule A, not including the
section labeled "OPTIONAL SOFTWARE", as set out in Schedule A, and which shall be available
to the City for library or archives use on its Central Processing Unit (CPU) without restriction except
for protection of Innovative Interfaces' intellectual property rights. The City may migrate the
software to another machine using the identical operating system without additional cost except as
it seeks to increase the number of concurrent users or seeks the assistance of Innovative Interfaces
in the migration. However, the software shall not be run on more than one hardware platform at a
time. Innovative Interfaces may bill for migration assistance it provides at its published rates.
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The City shall be entitled to share its system with other libraries not affiliated with the City of Chula
Vista, subject to payment of a fee of up to ten thousand ($10,000) dollars per institution, plus any
additional user licenses, profiling, training or other goods or services obtained, and written
acceptance of the license conditions by the other library(ies). License fee and other expenses shall
be non-affiliated library's sole responsibility.
4.02 Innovative Interfaces shall retain ownership of the Software and all modifications thereto. Each
licensed Software product, and all reproductions, corrections, modifications, enhancements and
improvements thereof, provided by Innovative Interfaces to the City, are the exclusive and
proprietary property of Innovative Interfaces. Title and full ownership rights in all licensed Software
products and all reproductions, corrections, modifications, enhancements and improvements, and
all related patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill and
Innovative Interfaces' intellectual property are reserved to and shall remain proprietary to Innovative
Interfaces. The City shall not remove or destroy any copyright, trade secret, proprietary or
confidential legends or markings placed upon or contained or embedded within any licensed
Software products and related materials.
4.03 Innovative Interfaces hereby grants to the City, upon payment in full of the Purchase Price, a non-
exclusive license, transferable only per the terms set forth in 13.01, to use a single copy of the
Software in conjunction with the Equipment.
4.04 The City agrees to keep confidential all material and documentation relating to the Software and any
modification thereto. The City will not make available or distribute any program code or description
associated with the MILLENNIUM System in any form whatsoever to third parties without the prior
written approval ofInnovative Interfaces.
4.05 Innovative Interfaces shall provide all available indexes within the agreed upon price. Innovative
Interfaces shall provide a list of all available indexes within two weeks of completion of the contract
signing.
5.00 DOCUMENTATION
5.01 Within two weeks of the signing of the Agreement, Innovative Interfaces will supply, at no cost to
the City, all standard materials published by and then available for use by purchasers of
MILLENNIUM Systems including the Getting Started Manual on the Internet and the
MILLENNIUM User Manual on CD ROM, programming aids and other relevant materials and
documentation. At the time of installation, Innovative Interfaces will provide complete System
documentation to support all functions as specified in Schedule D.
5.02 All materials, documents and other information provided by Innovative Interfaces to the City
pursuant to Section 5.01 shall, if so identified by Innovative Interfaces at the time of delivery
thereof, be and rernain confidential in the possession of the City and the City shall not disclose any
of such confidential materials, documents or other information to any third party whatsoever. The
City may reproduce materials, documentation and information provided for internal use only, when
not in conflict with Section 4.0l.
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6.00 SUPPLIES
6.01 The City is responsible for the acquisition at its own expense of all supplies to be used in the day-to-
day operation of the System including, without limitation, paper, magnetic tape, ribbons for printers
and forms.
7.00 SPECIAL DECLARATIONS
7.01 Innovative Interfaces represents and warrants that the Software will contribute to the System the
qualities and functions described in Schedule D.
7.02 The City will pay any and all State and Local taxes with respect to the acquisition by it of the System
or anY'part thereof if such taxes are or become applicable, and agrees to indemnify Innovative
Interfaces with respect to any liability or expense incurred by Innovative Interfaces in respect
thereof.
The City agrees to pay any and all applicable taxes resulting rrom the sale of this System.
7.03 Title to the Equipment shall pass to the City upon full payment of the Equipment. Prior to the
passage of title, the City shall not encumber the System or any part thereof nor permit a third party
to take possession thereof in any way whatsoever prejudicial to the rights and interest of Innovative
Interfaces therein.
7.04 Upon delivery to the City of any portion of the Equipment, the Equipment will be insured by the City
on the same basis as the City insures similar equipment, until full payment has been made for the
Equipment to Innovative Interfaces. The Equipment will be insured for the replacement value of
the Equipment until full payment has been made to Innovative Interfaces as provided hereinafter.
Innovative Interfaces shall be entitled to receive written proof of insurance upon request.
7.05 At the time of delivery thereof and thereafter until the City acquires title thereto pursuant to this
Agreement, Innovative Interfaces represents and warrants to the City that Innovative Interfaces has
and will have good title to the Equipment and the right to sell the same and that upon completion
of the installation thereof the City shall obtain good and marketable title to the same and that all
Equipment will be new and conform to the specifications set forth herein. Innovative Interfaces will
guarantee title to the City for its equipment purchased from Innovative Interfaces.
7.06 Innovative Interfaces represents and warrants that it has the full right to deliver to the City the
Software and that, on acceptance by the City, the City shall have license and rights granted herein
to use the same rree from any lien, claims, charges or encumbrances, and that such rights shall
survive the expiration hereof; provided however, that the City shall have no right to sub-license or
assign its rights in respect to the Software or any part thereof.
7.07 Neither party shall divulge or disclose to any third parties any information concerning the affairs of
the other party which come to the knowledge of such party as a result or in performance of this
Agreement of the other party unless such information becomes publicly available through no fault
of Innovative Interfaces or the City, or as required by Law. The City may disclose relevant
information to a third-party hired by the City to assist in the system implementation process.
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7.08 Neither Innovative Interfaces nor the City shall be liable to the other for loss, damage, or delay in
the work caused by war, riot, the act or order of any competent civil or military authority, strikes,
unauthorized work stoppage or by rain, fire, flood, act of God or by any cause which is unavoidable
and beyond its reasonable control.
In the event of a force majeure circumstance which affects twenty five percent (25%) or more of the
System (measured by value) exists for a hundred and twenty (120) days or more, either party may
have a right to terminate, with the City to have a right to return all hardware and software shipped,
whether paid or unpaid, with full refund for everything paid but not yet accepted, and a full refund
less depreciation of two percent (2%) per month starting thirty (30) days from initial installation.
Innovative Interfaces shall make a reasonable effort to replace any and all equipment purchased
form Innovative Interfaces and System software that is destroyed or damaged by the causes specified
within ten (10) days of notification, but in no event more than thirty (30) days.
Innovative Interfaces is not liable for loss or damage suffered by the City or any third party not
caused by the employees, agents or Equipment ofInnovative Interfaces.
7.09 lNNOV ATIVE INTERFACES IS NOT LIABLE FOR INDIRECT, INCIDENTAL OR
CONSEQUENTIAL LOSS OR DAMAGE HOWEVER CAUSED by a third-party. Innovative will
be liable for gross negligence and direct damages.
7.10 Innovative Interfaces acknowledges the City's right to purchase equipment which can be connected
to the System with a standard RS-232 interface or direct Ethernet connection using TCP/IP from
other suppliers and to add that equipment to the System, but Innovative Interfaces shaH not be
responsible for maintaining equipment not purchased from it. The City shall advise Innovative
Interfaces before it connects a new class of hardware or hardware that will be directly connected to
the CPLJ. Innovative Interfaces may require removal of equipment which has an adverse impact,
such as response time and data corruption on the System performance, only if it can demonstrate the
adverse impact by testing the System with and without the "foreign" equipment. If the foreign
equipment is not removed, Innovative Interfaces shall not be liable for the System performance
when such equipment is connected.
7.11 Innovative Interfaces shall notify the City of any software release, which may adversely affect
performance because it requires more CPU resources. The City shall have the option of accepting
or refusing such a release. If the City accepts a release after being advised of its possible adverse
affect on performance, they shaH not exercise the remedy of maintenance payment reduction.
Innovative Interfaces shaH support the superseded release for three years following the new release
at no additional charge above the regular maintenance rates. Should the City initially refuse a new
release, it may, at anytime within three (3) years of such refusal, ask that the most recent version be
supplied at no additional charge.
7.12 If the hardware or software (or any part thereof) becomes, or in the opinion of Innovative Interfaces
may become, the subject of a claim based on an aHeged infringement of another Party's rights,
Innovative Interfaces may modify the System, procure for the City the right to use the System, or
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Innovative Interfaces. Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
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make an equivalent substitution with prior City approval. Innovative Interfaces may not have the
City return the System except by pennission of the City and refund of the fuII purchase price, less
two percent (2%) per month starting thirty (30) days after instalIation.
7.13 If Innovative Interfaces continues in business, but fails to issue a software maintenance release ("bug
fixes") for eighteen (18) months, the City may change ftom monthly software maintenance payments
to hourly service at hundred and twenty five ($125) dolIars per hour, with Innovative Interfaces to
commit that it will take care of needed "fixes" or provide the source code to a subcontractor
approved by the City to provide the "fixes." A minimwn of one hundred (100) hours of such service
shaII be available under these tenns.
7.14 The price herein quoted, less discount shaII include a graphical user interface (Gill) for each staff
user liéense. The user interface for the on-line patron access catalog shaII be web-based.
7.15 Other than the Web-based on-line patron access catalog, which wiII be instalIed by Innovative
Interfaces at the library initialIy, the City may replace the GUI interface for aII or part of the PC's
with the Web interface anytime within three years of initial instalIation at no additional charge.
Innovative Interfaces shaII remove the GUI interface at the time. The Web interfaces shaII be
available for aII modules by December 30, 2000. If the City wishes to use two different user
interfaces for a module and issues a written request within 90 days of receiving written notice ftom
Innovative Interfaces that the second user interface has become available, it shaII pay for a second
module at the then current rate, less 25%.
7.16 Innovative Interfaces shall substitute EDIF ACT online ordering and claiming for the e-mail ordering,
Baker and Taylor Interface and ED1 x.12 online claiming products bid at no additional charge by
July 30, 2000. Innovative may delay delivery of ED IFACT past the agreed upon date if Baker &
Taylor, Brodart, Ebsco, Faxon and Ingram etc. are not yet accepting EDIFACT transmissions.
Innovative shaII supply EDIFACT within three months of the time these vendors' systems confonn
to EDIFACT.
8.00 INSTALLATION AND TRAINING
8.01 AII shipping and insurance costs to and ftom the site are included in the Purchase Price of the
System, as listed in Schedule A. AII payments to shipping agents and for insurance fees shaII be
made directly by Innovative Interfaces and the City shaII make no payments to any finn concerning
the shipment, instalIation, and delivery of Equipment which is not a part of this Agreement and for
which exact payments are not described.
Innovative Interfaces shaII be responsible for aII arrangements for the shipment of Equipment to the
City and movement of the Equipment ftom the protective storage area within the library to the
prepared computer site within the library. Innovative Interfaces shall also be responsible for removal
of aII debris and packing materials from the library site resulting ftom the instalIation of the
Equipment or the Software.
8.02 Innovative Interfaces shaII provide to the City in a timely manner the infonnation necessary to
enable the City to prepare the InstalIation Site for the Equipment in accordance with the instructions
1// I ~
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City of Chula Vista November 29 1999
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of Innovative Interfaces. This information is set out in the "Getting started Manual" on the Internet.
Access will be. provided to the City after the contract is signed. The City shall at its sole expense
prior to the date agreed upon for hardware installation provide all necessary modifications and the
like which shall be required for proper functioning of the System. The City will further ensure that,
prior to the event five (5) as set out in Schedule C, access to the System in any form will be
restricted to persons directly or indirectly involved in the implementation of the System. Such
access shall not hinder Innovative's access to the System. The City shall complete site preparation
prior to the date of installation of the hardware, and the site shall thereafter be available for
inspection and approval with reasonable advanced notice.
Innovative Interfaces shall by mutual convenience visually inspect and certifY the central site prior
to the installation of hardware. The inspection may be as late as the installation date. If the
inspeciion is earlier on a date requested by the City, there shall be a one thousand ($1,000) dollar
inspection fee. Innovative Interfaces shall not be liable for poor workmanship or for materials which
do not meet its site preparation specifications, but Innovative Interfaces shall be liable for any
modifications it requires about which the City was not advised in writing prior to beginning site
preparation.
8.03 All costs and expenses related to the site preparation shall be at the sole expense of the City.
8.04 Delivery and installation of all modules shall be 120 days from signing, subject to the library
bibliographic tapes of the records to be loaded at least 45 days before the scheduled installation.
Should Innovative Interfaces delay installation by more than fifty (50) days, the price of the System
shall be reduced by one hundred dollars ($100) for each week installation is delayed. In the event
that the City causes a delay in the implementation schedule, the schedule will be revised to the
mutual satisfaction of both parties and no monetary penalties will apply.
8.05 Innovative Interfaces will provide staff training of library personnel as described in Schedule A and
.
C.
8.06 Prior to the acceptance dates set out in Schedule C, Innovative Interfaces shall have first priority of
access to and use of the System for purposes of diagnosis.
9.00 ACCEPTANCE
9.01 The testing of the System shall be completed jointly by Innovative Interfaces and the City to the
mutual satisfaction of the parties.
9.02 Delivery of Equipment
Upon delivery of the Equipment, Innovative Interfaces will notifY the City that such Equipment has
successfully been furnished in complied with Schedule A.
9.03 Operational Testing of Full Millennium Test System
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City of Chula Vista November 29 1999
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A test load of sample data will be loaded by Innovative Interfaces onto the City System. The City
will have the right to request Innovative Interfaces to fix any problems during the initial load of
sample data or indexing of the System. Once the City has approved the initial test load of sample
data and indexing of the System, acceptance testing of the full System will begin. The acceptance
tests shall consist of full function, reliability, and response time tests. The City will begin the tests
within sixty (60) days of installation, full database load, and completion of initial training adequate
enough to fully acquaint staff with system operations. Functionality, reliability, and response time
shall be measured over a period of thirty (30) days. Testing shall be completed in no more than one
hundred and twenty (120) days from installation, unless Innovative Interfaces has failed a test and
it is repeated. The period of testing may be extended by mutual agreement. The City will have the
right to request Innovative Interfaces to fix any problems during the implementation and testing of
the Full Millennium Test System.
9.04 Functionality Testing
Functionality shall be determined by the Purchase Contract. The City is entitled to test for the
presence or absence of each feature, as specified in Schedule D, which Innovative Interfaces has
represented as included in its product. However, the test shall not include features for which
Innovative Interfaces has quoted a delivery date 1ater than the scheduled test completion date. The
City may use Innovative Interfaces' standard full-function test, but does not waive the right to look
for anything else promised by Innovative Interfaces.
9.05 Reliability Test
Reliability shall be determined by Schedule F. The City may have Innovative Interfaces conduct
its standard reliability test, but reserves the right to test for all uptime and response time
requirements.
Should the System not pass the reliability or response time test, the thirty (30) day test shall be
repeated. If the System again fails to pass, a third thirty (30) day test shall be undertaken. If the
System does not meet the response time requirements by the end of the third acceptance test,
Innovative Interfaces shall provide a hardware upgrade at its expense to bring the System
performance up to the agreed upon level.
9.06 Response Time Test
Response time shall be determined by Schedule G. The City may have Innovative Interfaces
conduct its standard response time tests, but reserves the right to test for all uptime and response
time requirements in the RFP.
Should the System not pass the response time test, the thirty (30) day test shall be repeated. If the
System again fails to pass, a third thirty (30) day test shall be undertaken. If the System does not
meet the requirements by the end of the third acceptance test, Innovative Interfaces shall provide a
hardware upgrade at its expense to bring the System performance up to the agreed upon level.
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9.07 The City may waive any or all of the acceptance tests as set out in this Section. If the City has not
undertaken tests in the one hundred and twenty (120) days following initial System installation,
database load and/or completion of initial training whichever is later, the City shall be presumed to
have waived the test, unless the City had requested a thirty (30) day extension before the one
hundred and twenty (120) days are over.
9.08 The City shall decide at the end of completion of the acceptance tests, as set out in Sections 9.03
through Section 9.06, whether the System meets all of the functional requirements. If the System
does not meet all of the requirements, the City will by written notice, notify Innovative of such
deficiency(s), and the City may either waive the requirement(s) that are not met and accept the
System, or require Innovative Interfaces to remedy the deficiency(s). Once the Library has indicated
that the requirement(s) have not been met, Innovative Interfaces will have no more than thirty (30)
days from written notice to remedy the deficiency. If Innovative Interfaces does not remedy the
deficiency within the thirty (30) day period, the City can require the removal of the System at
Innovative Interface's expense.
9.09 All testing shall be completed within one hundred and twenty (120) days of initial System
installation and training, unless retesting is required. If Innovative Interfaces is not notified of a
failed test, it will be conclusively presumed that the tests have been passed.
9.10 Should Innovative Interfaces delay the Implementation, then payments by the City will only become
due when Innovative Interfaces has completed each payment goal, as set out in Schedule B.
9.09 The acceptance tests may be repeated as new modules are implemented, except functionality
previously successfully tested shall not be re-tested unless there is evidence that the loading of new
software has adversely affected the functionality of previously loaded software. Innovative
Interfaces shall notify City if a new release or new product will change the functionality.
10.00 PAYMENT AND TITLE
10.01 The Purchase Price for the System and all rights and benefits herein contained shall be payable in
lawful money of the United States at the times and in the amounts set forth in Schedule B.
11.00 WARRANTIES
11.01 Innovative Interfaces represents and warrants to the City that:
(i) . The Equipment and all components thereof, the Software and all other programming aids
and all other items supplied to the City under the provisions of this agreement shall be and
shall remain ftee ftom any and all defects and will conform to all stated specifications,
provided that the Equipment and Software are used in accordance with Innovative Interfaces
operating procedure and is not abused or misused.
(ii) For the modules listed in Schedule A, Innovative Interfaces warrants the functionality as
listed in Schedule D, the minimum up-time as listed in Schedule F, and the maximum
response times as listed in Schedule G.
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(iii) As of the date upon which title to the Equipment is accepted by the City, the Equipment will
be owned by the City, and no person, firm or corporation shall have any interest therein
other than Innovative Interfaces and the City pursuant to this Agreement.
11.02 The representations and warranties by Innovative Interfaces as provided for Section 11.0 I shall
continue in full force and effect for a period of one (1) year following acceptance of the Equipment
but the expiration of such period shall not affect any claim received by Innovative interfaces prior
to that date in respect of any claim of which Innovative Interfaces has then received written notice
ITOm the City under the provisions hereof.
11.03 If without the approval of Innovative Interfaces, the City shall:
(i) exceed the System specifications as set forth in this Agreement; or
(ii) utilize the System for a purpose which is unrelated to MILLENNIUM applications;
or
(iii) make modifications to the System or additions which will have an adverse impact
on the System specifications as set forth in Schedule A,
then Innovative Interfaces shall be relieved ITOm any responsibility for a breach of warranty
under Section 11.01 and any other performance guarantees set forth in this agreement.
11.04 Innovative Interfaces expressly warrants this System for library related applications as specifically
set forth in this Agreement. There is no warranty of merchantability or fitness, for any other
particular purpose, which extends beyond the warranties as set forth herein.
11.05 If degradation in System performance occurs because the City connects to the System equipment
in violation of Section 7.10, then Innovative Interfaces is thereby relieved ITOm any responsibilities
ITom a breach of warranty and performance guarantees as set forth in this Agreement, until such time
as the equipment causing the degradation is removed.
11.06 If Innovative Interfaces changes its hardware platform, operating System, or programming
language( s) during the six (6) years following installation, Innovative Interfaces will support the
City's configuration in such a way as to provide functionality and performance substantially identical
to that available to customers with the most recent hardware platform, operating System, and
programming language(s), except as the City's configuration is technically incapable of supporting
the functionality or it would cost twice as much to offer the functionality on the City's System as on
a new system.
11.07 The System as configured is capable to support up to 212 concurrent users and is field-upgradable
to as many as three hundred (300) concurrent users by adding memory. The system can also be
upgraded to at least 40 GB of disk storage without hardware replacement anytime within five years
following acceptance. If the system cannot be upgraded as represented, Innovative Interfaces
provide a replacement at its expense.
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Innovative Interfaces. Inc. and MILLENNIUM Contract
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Innovative Interfaces commits that the system can be upgraded to 450 concurrent users by adding
a second CPU in a cluster, provided that all staff remote peripherals are supported on one CPU and
all patron access catalog users, to a maximum of three hundred (300) users, on a second CPU. The
City shall be liable for the hardware and software costs of the second CPU, but there shall be no
additional charge for applications software, except as the number of staff user licenses are increased.
The City may also choose to purchase a larger CPU prior to signing at list price, less 35% discount.
11.08 The System shall support access by personal computers equipped with software which emulates a
Televideo 925, VTl 00, VT220 or VT320 terminal. While access may require the availability of a
port on the host and a serial port or Ethernet card on the PC, there shall be no additional software
or lice~se fees required for PCs to access the system, although the regular user fees shall apply to
access ports. WindowP AC or the WWW server may require Netscape or other third party software
for the PCS.
11.09 The standard of reliability for future ongoing System performance shall be ninety-eight (98%)
percent using the terms and the table of coefficients in Schedule F as long as the System is
continuously kept under maintenance. The City will keep a log of all downtime and will tabulate
the percentage of reliability at the end of each month. Maintenance payments shall be reduced by
ten (10%) percent for each one (I %) percent reliability falls below the agreed upon levels.
11.10 As per the terms of Schedule G, response times shall remain within the maximum listed therein as
long as the transaction levels remain within those described and the City continuously keeps the
System under maintenance. If the City perceives a deterioration in response time, Innovative
Interfaces shall resolve the problem within sixty (60) days of notification of perceived deterioration
by providing appropriately qualified personnel at its expense. If response times are thirty (30)
seconds or more, resolution shall be completed no later than ten (10) days from notification by the
City.
11.11 If the System is inoperative due to central site hardware failure for more than 72 consecutive hours,
the City may, instead of allowing vendor to continue repairs, require the Vendor to replace the
defective machine with a functionally equivalent machine within one week from the initial failure
at no additional cost to the City.
12.00 TERMINATION
12.01 If, prior to payment by the City of the Purchase Price in full, the City defaults in payment of any sum
due hereunder or otherwise fails to fulfill its obligations under this Agreement beyond sixty (60)
days after receipt by the City of written notice by certified mail from Innovative Interfaces of such
default, then Innovative Interfaces shall have the immediate right to terminate this Agreement and
revoke the software license by written notice to the City and to enter upon the City's premises,
within normal library hours, to repossess and remove any Equipment or Software which is not fully
paid for by the City. The City's obligation to pay all charges which shall have accrued shall survive
any such termination of this Agreement by Innovative Interfaces and such taking of possession shall
be without waiver of any other remedies Innovative Interfaces may have at law or in equity.
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12.02 (i) If Innovative Interfaces does not fulfill its obligations to deliver, install and test the
Equipment in accordance with the dates specified in Schedule C, or
(ii) If the System when installed does not meet the specifications set forth in Schedule D, or
(iii) If Innovative Interfaces is in default in respect of any covenant, representation, warranty
and/or agreement provided herein, or
(iv) If any proceeding in receivership, liquidation or insolvency is commenced against
Innovative Interfaces or its property, and the same be not dismissed within thirty (30) days,
or
(v) If Innovative Interfaces makes any assignment for the benefit of its creditors, becomes
insolvent, ceases to do business as a going concern, or seeks any arrangement or
compromise with its creditors under any statute or otherwise,
then the same shall constitute an event of default by Innovative Interfaces hereunder, and
upon the happening of any of the aforesaid events, the City may upon sixty (60) days
written notice to Innovative Interfaces specifYing Innovative Interfaces' default, terminate
this Agreement and such termination shall be without prejudice to any right the City may
have to damages at law or in equity; provided that if Innovative Interfaces or any of its
Sureties, Guarantors or Indernnitors remedies such default within the said sixty (60) days
period, this Agreement shall remain in full force and effect. Upon the happening of Section
12.02 (iv) or 12.02 (v), the City will be entitled to receive and continue to use all materials
related to all processes of the MILLENNIUM hardware and the source code for the
MILLENNIUM Software. These shall be placed in escrow by Innovative Interfaces upon
completion of installation and shall be accessible to the City only upon the happening of
Section 12.02 (iv) or 12.02 (v).
13.00 GENERAL PROVISIONS
13.01 No party to this Agreement shall have the right to assign its rights or obligations under this
agreement except with the written consent of the other party hereto, which consent will not
unreasonably be withheld.
Notwithstanding, the City shall be entitled to transfer its System to any legal entity of which it is a
part without the payment of a re-license fee although Innovative Interfaces may charge a ten
thousand ($10,000.00) dollar fee in accordance with Section 4.01. If the System is transferred to an
organization of which the City is not a part, the re-license fee shall not exceed forty (40%) percent
of the original license fee, except that Innovative Interfaces may require payment of reasonable
reinstallation and training charges, plus such additional fees as set forth above. The City may
transfer its license only to another library, not to a vendor of hardware, software, or services; and
transfer shall not be completed until the new licensee has signed a new license agreement with
Innovative Interfaces, the terms of which shall be equal to those within this Agreement, and/or
Innovative Interfaces non-disclosure agreement.
11- di
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Innovative Interfaces, Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 13
Further, Innovative Interfaces shall not sell its library automation product to another organization
under a contract which relieves that organization of liability to perform under this Agreement.
13.02 In case of ambiguity among the documents which constitute the Agreement, the hierarchy shall be;
the body ofthe Agreement with all its schedules, including the summary of negotiation; the City's
RFP; Innovative Interface's Proposal and all subsequent written representations.
13.03 This Agreement shall not be modified, amended, rescinded, cancelled or waived in whole or in part,
except by written instrument signed by the parties hereto and no waiver of any of the provisions of
this Agreement shall constitute a waiver of any of the other provisions hereof (whether or not
similar) nor shall such waiver constitute a continuing waiver unless expressly so provided therein.
13.04 This Ägreement shall be governed by and construed in accordance with the laws of the State of
California. It is also subject to the Uniform Commercial Code, with all hardware defined as "goods"
and everything else as "services".
13.05 In case of a dispute, the Parties shall seek mutual agreement to submit to mediation. Any issue
which involves goods and/or services valued at less than Ten thousand ($10,000) dollars shall be
resolved solely through mediation. The venue, jurisdiction and forum for mediation or court action
shall be in the County of the Respondent.
13.06 This Agreement is not to be distributed by any party hereto to any third party without the written
approval of the other party hereto unless otherwise required by law.
13.07 All notices to be given to or received by the parties hereto shall be in writing and shall be delivered
by messenger or mailed by prepaid registered or certified first class mail, with return receipt
requested, to any such party at its address which:
in the case of Innovative Interfaces shall be:
Innovative Interfaces, Inc.
5850 Shellmound Way
Emeryville, CA 94608
Attention: President
and in the case of the City shall be:
Chula Vista Public Library
276 Fourth Ave.
Chula Vista, CA 91910
Attention: Director
,/
1(- ì L.
C/J
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Innovative Interfaces. Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 14
Any party may by notice change its address for 1he purposes hereof. Any such notice shall be
deemed to have been given, if delivered by messenger, on the date of its actual receipt, or, if
delivered by mail, upon the date that it shall have been properly deposited in the mail.
13.08 Save as otherwise expressly provided, this Agreement shall endure to the benefit of and be binding
upon the parties hereto, their respective successors and pennitted assigns.
13.09 This Agreement is made and becomes effective only when executed by a duly authorized officer of
Innovative Interfaces at Emeryville, California and the City of Chula Vista.
IN WITNESS WHEREOF, the parties have executed, intending to be legally bound, this Agreement
as of the date last written below.
THE CITY OF CHULA VISTA INNOVATIVE INTERFACES, INe.
By: By:
Name Name: Gerald M. Kline
Title: Title: CEO/President
Date: Date:
II ' ;)&
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Innovative Interfaces, Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 15
SCHEDULE A
, MILLENNIUM HARDWARE! AND SOFTW ARE 2
MILLENNIUM PRICE QUOTATION
For
CITY OF CHULA VISTA
Sep. I, 1999
Product Price
MILLENNIUM SOFTWARE $193,000.00
Online Public Access Catalog
OPAC
OP AC Gateway
WEBPAC (Web server)
239.50 Client and Server (including Broadcast Searching)
Export/Create a Bibliography from OP AC
Encyclopedia Britannica Link
Unlimited Web OPAC User License
Cataloging & Report Writer
Database Maintenance
Cataloging Workstation Client Software for Windows9x/NT
Unlimited Bibliographic, Item and Authority Records
Full Bibliographic Record Indexing
Table of Contents Indexing and Display Software
OCLC Interactive Interface via the Internet
MILLENNIUM File Transfer Software
Link Maintenance -- Sort Items by Location, Synchronize Location Codes
Authority Control Software
Automatic Authority Updating
Report Writer
Online Storage for 80 Simultaneous Review Files
Millennium Web-based Management Reports
Circulation
Circulation Control
1 Maintenance charges are for all MILLENNIUM Software and central site hardware purchased from Innovative. In the
event that a hardware item is returned for any reason, restocking and handling fees will apply at $100 per item, as well as
shipping costs to and from the library site. In the event that a hardware item is returned due to failure or malfunction, the
Library shall incur no restocking, handling or shipping fees.
2Discounted hardware, software, and services cannot be turned back to Innovative for credits or refunds. The discount
agreed upon in this Agreement will not be extended to further purchases or services.
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Innovative Interfaces, Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 16
Unlimited Patron Records
Circulation Notices via Email
PC Circ Backup Circulation Software, site license
Inventory Control
Homebound Module and Family Records
Acquisitions & Fund Accounting $ 30,000.00
Ordering
Receiving
P.O. Printing
Claiming
Fund Accounting & Invoice Processing
Foreign Currency Conversion
Vendor Statistics
Worksheet Printing
Electronic Ordering via Email
Electronic Serials Invoice Processing
Serials Control $ 30,000.00
Checkin
Claiming
Routing
Binding
Unlimited Checkin Records
Unlimited Holdings Records
Electronic Claiming of Serial Issues via Email in X12 format
SISAC Barcode Checkin
ADDITIONAL SOFTWARE
Location based Scoping for up to 5 Locations $ 12,000.00
B&T Link software $ 5,000.00
Interface with 3M Self-Check $ 4,500.00
Set-up per 3M Self-Check, per station $ 2,500.00
MaterialslMedia Booking $12,000.00
Spanish Language OP AC Interface, per language $ 5,000.00
Telephone Notification System for 2 Lines with PC $ 14,750.00
Telephone Renewal System for 2 Lines with PC $ 16,500.00
Patron Image Interface for Circulation $ 7,500.00
Subtotal, Additional Software $79,750.00
USERS
Unlimited Web OPAC Users Included
Staff Users Qty.: 77 $ 57,750.00
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Innovative Interfaces. Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 17
Subtotal, Users $57,750.00
HARDWARE, including:
CENTRAL SITE HARDWARE
Server
COMPAQ Alpha Server $24,246.00
512 MB RAM to support up to 212 users
UNIX 4.0D
(3) 9.1 GB disk drives configured RAID Level 5
CD-ROM drive
12/24 GB DAT drive
10/100 Mbit Ethernet
UPS with Powerwatch Software
Subtotal, Central Site Hardware $24,246.00
PERIPHERAL HARDWARE
B321 Portable Barcode Reader Qty.: 1 $3,100.00
HP Laser Jet Printer as system printer Qty: 1 $2,450.00
Subtotal, Peripheral Hardware $ 5,550.00
TOTAL, SOFfW ARE, USERS, HARDWARE, PERIPHERALS $420,296.00
Allowance ($169,701.00)
TOTAL, SYSTEM $250,595.00
SERVICES
Base Services, including:
Software configuration and Installation $ 15,250.00
Setup and Installation of CPU and MILLENNIUM Software
Data Conversion: $ 20,450.00
Profiling service for initial Bibliographic, Authority, Item and Patron Records
Load of Bibliographic, Authority and Item Records
Load of Patron records
Load of Circulation Checkouts, Holds, and Fine Totals
Training:
On-site Training, including travel expenses included
10 days spread over several site visits
11- d-~
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Innovative Interfaces, Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 18
for up to 8 - 12 persons per session
Shipping included
Shipping and Insurance for MILLENNIUM DEC Alpha
Documentation included
1 copy Getting Started with MILLENNIUM Manual
1 copy MILLENNIUM User Manual for Windows
I add! copy MILLENNIUM USE MANUAL for Windows $ 100.00
Subtotal, Services $35,800.00
GRAND TOTAL $286,395.00
MAINTENANCE (hardware & software)
Year I Included
Year 2 $27,500.00
Year 3 $27,500.00
Year 4 $27,500.00
Year 5 $27,500.00
Maintenance Total (5 Years) $110,000.00
Central Site Hardware and Software Maintenance and Support Services Agreement shall be renewable
annually for at least six (6) additional years and charges shall not to exceed five percent (5%) or CPI-U,
whichever is less, in each of the following years.
ESCROW ACCOUNT FOR SOFfW ARE CODE: $ 200 from 2nd year onwards
Software maintenance and support services include a MILLENNIUM software warranty, unlimited
access to a 24-hour Helpdesk via a toll-free phone number, regular MILLENNIUM software
enhancements, and new editions of the MILLENNIUM User Manual. Central Site Hardware
maintenance and support services include a hardware warranty, unlimited access to a 24-hour Helpdesk
via a toll-ftee phone number, installation of operating system patches and upgrades as needed, and the
provision of a diagnostic modem.
UPS Batteries are not covered by maintenance.
I ( ,3D
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Innovative Interfaces. Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 19
OPTIONAL PRICING
Additional User Licenses
Staff Users, per simultaneous user Qty: up to 12 within 36 mos. $ 1,000.00
ITom contract date
Qty: 13+ $ 1,500.00
Additional Software Products LIST PRICE
*INTERLIBRARY LOAN MODULE $15,000.00
*Kids Online OPAC $ 9,500.00
*Web Access Management $14,500.00
*Image Linking $ 6,500.00
*Local Image Linking $14,700.00
*Patron Debit System $ 7,500.00
*Scoping - License for each additional 4 subsets $ 5,000.00
* Any of these items may be purchased within a 24-month period from the contract date at a 25%
discount offthe list price above or the list price in effect at the time of purchase, whichever is lower.
Optional Training:
4 additional consecutive days of training, including expenses $5,000
Single training days $1,250
SCHEDULE A NOTES
The following information should be taken into account while reviewing this price quote. If you have
any questions, please consult with your Sales Account Manager.
The Allowance is based on the current system configuration; changes to the configuration may result in
changes to the Allowance.
The MILLENNIUM CPU quoted was configured to support the following number of simultaneous users;
additional memory may be needed to support users above these numbers:
135 OPAC
77 Staff
The MILLENNIUM CPU quoted was configured based on the following numbers; additional disk may
be needed to support the database above these numbers:
267,244 Bibliographic Records
460,099 Item Records
44,762 Order Records
II ~ 3(
_ __".._" _"_'___"_ _ .__,""^_____~_.~_____..n_
Innovative Interfaces. Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 20
18,000 Checkin/Holdings Records
100,000 Authority Records (est.)
176,169 Patron Records
1,312,073 Annual Circulation Transactions
512 MB of Memory
Several features of the MILLENNIUM require the CPU to be connected to the Internet, for a list of
specific features or for more information, please consult your Sales Account Manager.
The Encyclopedia Britannica Link requires a subscription to the web version of Encyclopedia Britannica,
which is not included.
The OCLC Interactive Interface requires OCLC Passport for Windows software and a subscription to
OCLC, which is not included.
Bibliographic, Item and Authority data must be provided in the USMARC Communications format.
Patron, Circulation checkout, Holds and Fine data must be provided in an Innovative approved format.
The Software Allowance proposed applies to this configuration only. Any changes made to this
configuration may result in the amount of the Software Allowance being changed.
Maintenance charges are for all MILLENNIUM Software and Central Site Hardware purchased rrom
Innovative. Peripherals, with the exception of the B321 barcode reader, are not covered under
maintenance.
The listed discount is for this specific quote. If any changes are made to the configuration the discount
will be modified to reflect those changes.
Pricing does not include any applicable taxes, which are the responsibility of the City.
System comes with a I-year warranty.
Innovative shall convert records to and from an open-reel, nine-track tape format, for a price of$150 per
tape, subject to increases in rates of no more than five percent (5%) per year or CPI-U, whichever is less.
The price for journal citation conversion shall be $75 tape when done on a regular schedule (e.g.,
monthly, quarterly, etc.)
If, within three (3) years of initial installation, Innovative Interfaces stops an active enhancement process
of the software that utilizes the database management system, the City has purchased and moves to
Oracle, Microsoft SQL, Sybase, etc. as the database management system, and the City has to adopt the
alternate database management system in order to have the benefit of regular enhancements to the
modules it has purchased, Innovative Interfaces shall provide the alternate database management system
at no additional charge.
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Innovative Interfaces, Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 21
If, in the fourth (4th) or fifth (5th) year from installation, Innovative Interfaces stops and active
enhancement process of the software that utilizes the database management system the City has
purchased and moves to Oracle, Microsoft SQL, Sybase, etc. as the database management system, and
the City has to adopt the alternate database management system in order to have the benefit of regular
enhancements to the modules it has purchased, Innovative Interfaces shall give the City the option of
paying for the alternate database management system over three years without interest.
IfInnovative Interfaces provides Oracle, Microsoft SQL, Sybase, etc. as an optional database management
system and the City decides to change to the optional database management system, the City shall pay the
third-party vendor's license fees and purchase additional hardware if necessary to run the optional database
management system. The City shall be informed when the optional database management system becomes
available. The City may, within 3 months of notification, request that Innovative Interfaces switch the
database management system at a time to be mutually agreed upon. This service will be provided by
Innovative Interfaces at no additional charge to the City.
Innovative Interfaces shall support the library's barcodes already affixed to library materials and patron
cards. If it is not able to do so, Innovative shall provide "smart" barcode labels by LSSI or another
mutually agreed upon bibliographic service at the rates quoted by that third party vendor and shall pass
through the costs without mark-up. The City will pay actual charges billed by the third party vendor.
11/1;;3
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Innovative Interfaces. Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 22
SCHEDULE B
PAYMENT SCHEDULE
Total Cost of System: $286,395.00
a. Due within 30 days of contract signing (adjusted for any applications software not to be activated
until a later phase or not yet in general release) - 10%
b. Due within 30 days of delivery and installation of Hardware platform, Software and MILLENNIUM
Test Data Load - 35%
c. Due within 30 days of acceptance of MILLENNIUM Test System - 20%
d. Due within 30 days of acceptance of Full MILLENNIUM System - 35%
Maintenance charges shall begin one year from installation and completion of MILLENNIUM Test
acceptance- -acceptance to be within 90 days of installation unless one or more acceptance tests are
failed; software maintenance for future purchases shall begin one year from acceptance - acceptance of
installation unless one or more acceptance tests are failed.
/1/31
__ _" _"_,_~______..,,_,___.____m_______.__.,._",___.____~~_____,,~_..__"___
Innovative Interfaces, Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 23
SCHEDULE C
PROJECT IMPLEMENTATION PLAN
From time to lIme the City and Innovative Interfaces may jointly review this Project Implementation Plan
and make such revIsions to it as are mutually agreed upon in writing. This review shaH also serve to clarify
each Event, and establish intermediate Events and Dates as necessary. A delay in anyone event shaH cause
a delay in all subsequent events. Delays are subject to rescheduling as resources are available.
ES1iIMATE.1i ;;<i:;J!J~~~1IiI JRE~~IS'SIBL]§:!IIfY'
". ," ",><, ·4-:.+" """'" !:-~"'S-;;""¥""".n-'-::'.,<j,, '" 'I-itP"i!11f¡ ,,,' '",' '"'HQ' ~r"·'
-;;ØF::;E~!~}x.;;~~:~)3'd~q~M~~ ¡,!j!~!~~ ~::-~;~m~4J~lrt ;!,;j:;~Wmmti!IPAHj¡Œ: ,'"
December 1999 I Both Contract signing
Within 2 weeks Send, Ð'ocum¿1Ì~i~t;~~~í ^'~¡firè'"
signing, ' ' ,,:i!:m;rm¡¡jf!f¡:'<::"':'~>;~';;'; nž)i;,~" ,
Team:" ",,",' ''''''''~''''",;, ",,'"'J''']'';;--I'';¡+--
" " '" ",;,;/,;:;;;:q;:"" :,',V;¡iW~Wq:k ,
At least 45 Days prior to 3 City Deliver data tapes to Innovative
MILLENNIUM System
Installation
At leaSti45': days:pi:ìo~r:iŒ~;;;;<:} D r ¡.~ ~'~~b·~l:r.
,,">"'A-- ,,,';,:' '·"'·'0""":"Þ}þ>v,,_M.l "J;," lYF~;:f,O;mf1' @' or ~)'~ '''Ii j
MILLENNlUMSÿ>têíu:;;:¡:: 1 ::¡:;':,:- :~;\t' ':~'¡~¡¡¡<" 1}i~~~¡!~hir~r: ,
InstaItätío~; ::: X'>ê~l!?~~P;!f¿J ':, ,<t146 "dWj,;>-,)"",:,!tl!j'Sií;'Ùl1~! 1
,: "::'~;;;¡i" w;"H",',i:/,j;:1'if;¡¡¡;;k"
Wíthuf:iiö' dãýS:'rrom~S;¡¡;¡Y~~ MILLENN[uM1!1,:'$Y~¡~¡W:1~_
ContraCt'sfgnirig"',,,,>{;:r;;:~ ,'/, ,.': ~~sting;'Train,í~8IT~tL;ª~'~~~Yi1#f;~::~.' "
' ':LiiY',
Within 90 days after 6 City MILLENNIUM Test approved
MILLENNIUM Test
System Installation, unless
retesting is required.
Irnmeruately followijìg"":' , Full data IOa<fCC\\1;IÒad&,dii1jí;;_
MILLENNIUM TeSt;:'Ly , ,! monitors the lo¡ ~I!í/t~YãttJ\l;¡t~~ .
approvaL;i;" : '.l:,;"ii~:~~:idi; ,,,,J ~.ntl~ues as;:s~t~b~n~;i."~~W~,,,~P
Following full data load 8 Innovative Catalog Training & Circulation Parameters
TBD Gírculätion ttäíttilì~<'í:' -._
'';""'{-,',,, '<'<djii''' "'+<j¥'~' j!}i-"
Parameters P¡!¡~.~; ¡ rt,',¡;i¡flµíJ ,
""'" .., "'1 ,,"~ ¡,,~__ ",>,__ ,,', ,14", ;,,""
TBD 10 Innovative Acquisitions Training
TBD
TBD 12 Innovative Interlibrary Loan Training
Maintenance chiirges Shall "I
begin ~q,~i~c:ar:fr~~*:'*;':~:j:~" ';~
i~~aU~~è~¡~d:~Dtp.J~,~~<:~
ofMICI;EÑNIUM,T"èst'Lll,f.'¡
a#,?eptAA~~{~~~'#~~~¡~/_~
ö~;:~it~i~¡~Ò'd~Y,~!-~f~~~~¿ff¡;::Ji:"jl
installatidJi unles&'oriàóc,,·' ~Î
~~~~L;~[Jlt~'m~~
Nò ni~itarr!J!20 daýs;.ÇjJi"};;!
áftèr'Mm',,¡~1~t:;';,1
~~StéIT{ì~ÚMi~,~; tl'~!~~ "::~
ret~stmgH~j:reciuí.f~;::~!&E1;,': d
/1-,)6
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Innovative Interfaces, Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 24
SCHEDULE D
MILLENNIUM SYSTEM SPECIFICATIONS
In addition to Getting Started Manual on the Internet and the MILLENNIUM User Manuals CD ROM shall
serve as Schedule D.
Innovative Interfaces' negative responses to the RFP shall stand except as they were modified by subsequent
written agreements, including the summary of negotiation. In the case of ambiguity among the documents
which constitute the contract the hierarchy shall be; the body of the Agreement with all of its schedules,
including the summary of negotiation; the City's RFP, Innovative's written amendments to its Response, and
the Response. The word "acknowledged" and "understood" shall be interpreted as an intent to comply; the
words "no" and "not" shall mean there is no commitment to comply unless the parties to this Agreement
have specifically agreed, in writing, to modify such a response.
/! - 3{¡
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Innovative Interfaces, Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 25
SCHEDULE E
MILLENNIUM TAPE LOAD PROCEDURES
Innovative Interfacès will provide to the City, for the price listed in Schedule B, MILLENNIUM tape loading
services for data in the MARC Communications format consisting of the following:
* Profiling & Specifications Set-Up
* MILLENNIUM Test
* Conversion of 9- Track Tapes to Cartridge tape
* Initial Tape Load
* Monitoring of Tape Loads
A. PROFILING AND SPECIFICATIONS:
Using the worksheets trom the Getting Started manual, Innovative Interfaces will configure the
MILLENNIUM System to specifications as agreed upon by both Innovative Interfaces and the City.
These profiles include Field Definitions and Indexing.
B. TEST MILLENNIUM:
A test set of records (MILLENNIUM Test) will be loaded into the MILLENNIUM System for
examination by the City. Approximately 20,000 records are loaded as part of the test. It is the
responsibility of the City and Innovative Interfaces to examine the MILLENNIUM Test to determine
if records are being loaded according to the agreed specifications. If adjustments need to be made,
Innovative lnterfaces will make adjustments at this point in load processing and re-do MILLENNIUM
Test. Upon written approval of the MILLENNIUM Test by the City, the remainder of the records in
the initial load will be loaded into the MILLENNIUM System.
C. CONVERSION OF 9-TRACK TAPES TO CARTRIDGE:
For MILLENNIUM Systems which have 9-track tape drives, tapes can be loaded directly onto the
MILLENNIUM System. For Systems which have cartridge drives, Innovative Interfaces converts 9-
track tapes to the appropriate type of cartridge tape.
Tapes must be submitted to Innovative Interfaces according to Innovative Interfaces' magnetic tape
specifications:
MARC format
" 9-track magnetic tape
1600 bpi or 6250 bpi
ASCII format
Unblocked
Unlabelled
Maximum data per tape of 25,000 records
or 25MB of data, whichever is smaller.
There should be no 999 fields in the
records without first obtaining approval
trom Innovative Interfaces.
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Innovative Interfaces. Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 26
D. INITIAL TAPE LOAD:
The initial tape load can consist of the following possible types of records:
a. Bibliographic (or Bibliographic and Item)
b. Authority
c.Patron
Tapes for the initial bibliographic, authority, and patron load must be received forty-five (45) days
prior to the install date.
The initial load consists of one complete set of tapes for each possible type of record: Bibliographic,
Authority, or Patron. Each set of tapes for a type of record must meet the following criteria:
a. DE-DUPED: Each record should occur only once per set of records. If a record occurs more than
once, all multiple occurrences will be loaded.
b. ONE SOURCE: All tapes for a particular type of record must be submitted trom a particular
source, such as one tape vendor. Different types of records may come trom different.sources, such
as a tape vendor for bibliographic records and the campus computer center for patron records.
Location information which can be derived trom holding symbols in the records will be loaded using
mapping techniques. From the MARC records, fields and/or subfields may be loaded or excluded trom
the MILLENNIUM database. All data within the loaded fields/subfields are stored as they appear on
the tape record.
E. MONITORING THE TAPE LOAD:
While the load process is in progress, Innovative Interfaces will monitor the load to assure that disk
allocations and other System needs are correct. The City is responsible for executing the procedures
to load the remaining records and maintaining the database conversion log.
Once the initial tapes are loaded, the tape load is complete.
GAP TAPE LOAD:
Gap tapes represent records which have been produced between the time the initial load tapes were
produced and when the City begins adding new records directly on the MILLENNIUM System.
Although gap tapes are not part of the initial load, Innovative Interfaces, as part of its on-going service,
will work with the City in loading these records. One set of gap tapes, if received within six (6) months
of System installation, will be loaded and monitored as described above at no additional charge.
Often the gap tape records have been pre-processed by the same tape vendor as for the initial load.
If the gap tapes are trom a different source, they may require profile changes. Innovative Interfaces
will adjust the loading parameters to accommodate these profile changes. However, all tapes that are
part of the gap load must be trom one source, using the same profiling and load parameters.
Tapes that will be loaded as part of the gap tape load are:
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Innovative Interfaces, Inc. and MILLENNIUM Contract
City of Chuta Vista November 29 1999
Page 27
a. Bibliographic (or Bibliog. and Item) Records
b. Authority Records
All tapes that form the gap tape load should be de-duped, that is each bibliographic (or authority)
record should only occur once for the entire set of tapes. The consequence of not having the tapes de-
duped is that records will load multiple times.
During the gap tape load, the City does have the option to overlay existing records with the incoming
records. The principle of the overlay is that all bibliographic information in the existing record is
replaced by the incoming record. Overlays are based on the matching of one indexed field (e.g.
OCLC number). If the incoming record matches more than one record in the database, it may either
be loaded as an additional record or rejected entirely. It will not overlay just one of the existing
records.
If circulation item records are attached to the existing bibliographic record, these item records will be
retained without changes. Any item information in the tape record will be used to attach an additional
item to the bibliographic record. The overlay process does not replace or modify existing item records.
ADDITIONAL SERVICES:
If the City requires additional record conversion (e.g tapes from multiple sources) or loading services,
Innovative Interfaces may be able to provide these services for an additional charge. The City shall
contact Innovative Interfaces for availability and pricing information if they are interested in additional
conversion services.
Patron Records
Patron records may be loaded from tape or by file transfer into your MILLENNIUM System provided
they are in one of the three formats listed below:
MARC-like format (unblocked and variable length, i.e. if written on an IBM mainframe,
RECFM=U)
80 column punched card image format
text file
Regardless of the format chosen above, the data must be in ASCII (8 bit).
A fourth format is available for libraries that can transfer the patron file into a file on a Pc. In that
case, you can use the SOFTERM PC program to transfer that file (using the XMODEM protocol
through the COM port on the PC) into your City's MILLENNIUM System.
MARCFormat 1:
Each field is identified by a MARC tag. All fields are optional. Each MARC-like patron record
consists of three sections:
I /37
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Innovative Interfaces. Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 28
Leader
, Directory
Variable-length fields
Leader
The leader is 24 bytes long (byte count 0 through 23). The first 5 bytes (0-4), right justified with
zero fill, represent the logical record length. (The length of the record includes the five-byte record
length and the record terminator.) Bytes 12 through 16 (from offset 0) contain the 'base address',
which specifies the first character position of the first variable length field, and is equal to the sum
of the lengths of the leader and the directory, including the field terminator at the end of the
directory. The number is right-justified with zero fill. (The base address minus one is evenly
divisible by twelve.) The remaining leader bytes should be set to ASClI blanks.
Directory
The directory is a list of the variable-length fields. It contains one 12-byte entry for each field in the
record. Each entry consists of the field tag (3 bytes), the length of the field (four bytes) and the
starting position of the field relative to the base address (five bytes), e.g., the entry 015000800020
indicates variable field 015 which is 8 bytes long and starts at position 20 after the end of the
directory. The first field in the record starts at offset 00000, i.e. the first position after the end of the
directory. The directory ends with a field terminator (hex IE).
Fields V ariabIe-length
Variable fields are identified by the three character tag which is stored in the directory. Each
variable field begins with two blanks, followed by a hex IF (subfield delimiter) and then a lower-
case 'a', and then the remaining data in the field. Each field ends with a hex IE (field terminator).
The last character in the record is a hex 10 (record terminator).
There is a sample record on page 37.
Patron Record Content
The minimum needed for a patron record in M1LLENNlUM System is a name, tagged as a 100 field.
All other fields are optional, and will vary ITom institution to institution. With one exception (note),
fields are not repeatable. Empty fields - that is, fields for which you have no data - should be
excluded from the records and ITom the record directory.
Records on tape can overlay existing records based on any indexed field in the record. For example,
if the City includes the social security number in tag 010, it is possible to overlay based on the social
security number. It is not possible to use more than one overlay point and it is not possible to vary
the overlay tag from record to record. When records are overlaid in MILLENNIUM System, the
original record is replaced by the new record. Selected fields may be protected ITOm being overlaid
(e.g. circulation information, fmes, etc), but it is not possible to transfer selected fields. Fields which
wì1l be found on the incoming tape (e.g., name) should not be protected on overlay. Otherwise, both
forms of name wì1l be retained.
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Innovative Interfaces. Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 29
Libraries may mark records for deletion by adding a 070 field with a content of the letter 'D'. Upon
tape load, the patron records are coded for deletion. They are not immediately deleted ITom the
database.
Following are the fields defined for MILLENNIUM System patron records. Feel ftee to contact
your Innovative Implementation Consultant if you have any additions you would like to make.
Standard tags are:
Tag Data
010 Social security number
020 Institution-assigned ID number
030 Barcode number
070 Delete code (the letter "D") if record is to be deleted
080 Expiration date of patron's library privileges
(mm-dd-yy), e.g. "02-15-90".
081 Patron code I (one character)
082 Patron code 2 (one character)
083 Patron code 3 (000-255), e.g. "003"
084 Patron type (000-255), e.g. "003"
085 Home library code (five characters), e.g. "art "
100 Name (last name first, separated ftom first name(s) by a comma)
220 Local address (line breaks for printing designated by a "$", max is
four lines)
225 Local telephone number
230 Permanent address (same format as field 220)
235 Permanent telephone number
500 Note (up to 80 characters)
Sample Patron Record
= subfield delimiter (hex IF)
= field terminator (hex 1 E)
= record terminator (hex lD)
= ASCII blank
I 010 aI23-45-6789 I
/ 1/ 1/
,,__'_ '.M._."_"'_".".~__.,___ -,-
Innovative Interfaces, Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 30
015 aROO78986
020 a87-B 1253
030 a2 1306 00040 1234
079 aI2-31-88
080 a06-0 1-90
081 ab
082 ax
083 a005
084 aOO I
085 amain1
100 aStudent, John A.
220 aBox 320$This Campus
225 a2379
230 al23 Anywhere St.$Small Town, OH 43210
235 a415-555-1234
Layout of the record
above on tape:
00 459 00217 01000160000001500l30001602000l300029030QO
22000510790013000640800013000770810006000830820006000890830
08000
9708400080010508500100011510000210013622000240016022500090C
69230
004200211235001700228 a123-45-6789 aROO78986 a87-B1253
a2 1306000401234 aI2-31-88 a06-0 1-90 ab ax aOO
5 aOOI amainl aStudent, John A. aBox 320$This Campus
a2379 a123 Anywhere St.$Small Town, OH 43210 a415-555-l2
34
Format 2: 80 column punched
card image format
Each field is an 80 character punched card image. The first character of the field is a lower case letter
that indicates what the field is, e.g. n for name, or a for address. In addition, the first field in any
record is the mandatory ZERO field. Below is a description of the ZERO field, and a standard list of
lowercase one character alphabetic field codes.
You MUST verify, before you prepare the data, that the one character field codes you use are actually
used in your particular institution's MILLENNIUM System.
Fields that are not used in any particular patron record do not need to be included in the data sent to
MILLENNIUM System.
If a field requires more than 79 characters, it may be continued on a second "card". In that case the first
character of the second card is a plus sign, indicating that the card continues the previous card. Fields
shorter than a card have the rest of the card filled out with blanks.
if-LiP-
___________'"______n___"+"_ --"--"-'"---,---~._--"-"---,-,----,-----_._--
Innovative Interfaces, Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 31
Fields Used
n name (last name first)
a address I (each "line" separated by a dollar sign)
t telephone number
b barcode, etc.
h address2
p second telephone number
x note
d department
u institution-asigned ill number (such as, Social Security Number)
Other fields may be defined in consultation with your Implementation Consultant.
Fie1dZero
The first field in the record is the zero field, and it contains the following 24 characters of fixed
length data:
Zero Field Contents Size
Field code I char.(a zero)
Patron type 3 digits (000 to 255), e.g. "003"
Patron code 1 1 char. e.g. "an
Patron code 2 1 char. e.g. "bl!
Patron code 3 3 digits (000-255), e.g. "002"
Patron's home library code 5 chars. e.g. lIart "
Patron message code 1 char. e.g. " I! blank space
Patron block code 1 char. e.g. "_I!
Patron expo date 8 chars. (mm-dd-yy), e.g. "02-15-90"
Fields should be blocked, so that 8,000 characters are transmitted at a time.
Example: 0255ab255xxxxx 06-30-90
nJones,John
a234 West 9th St$Anytown, SA 94321
t456-1234
p(312) 312-4567
b2 123412345 1234
Note: the dollar sign in the third line indicates a new line when printing circulation notices.
Format 3: Text File Image
II~ 1{3
--- ,---- -"-~,-_._,,-_.._._---,,-----~,-_..---"-
Innovative Interfaces, Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 32
Exactly the same format as the punched card image, except each field ends with a carriage return (hex
OD) and a line feed (hex OA); also, fields do NOT have to be padded with blanks to 80 characters.
Fields may be as long as desired (i.e. there is no need for the continuation card described above).
Example 0255ab255xxxxx 06-30-90<CR><LF>n234 West 9thST$Anytown, SA 94321-
<CR><LF>
t456-l234<CR><LF>p(312) 3l2-4567<CR><LF>b2 1234 12345
1234<CR><LF>
Format 4:
Exactly the same as Format 3 except that the first field of the record contains "RECORD"; and the
fixed-length data elements are each on their own line, preceded by a code (0 to 7) indicating what they
are: .
Example RECORD:<CR><LF>0255<CR><LF> I a<CR><LF>2b<CR><LF> 3255<CR><L-
F>4xxxxx<CR><LF>
5-<CR><LF>6-<CR><LF> 706-30-90<CR><LF>
n234 West 9thST$Anytown, SA 94321 <CR><LF>t456-1234<CR><LF>
p(3l2) 3l2-4567<CR><LF>b2 1234 12345 1234<CR><LF>
/1- if tf
_ _ _ ___ _ __." _ _ __ ._~~__.,._ ~____'_n_'_'_______________·___'_'_'____
Innovative Interfaces, Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 33
SCHEDULE F
SYSTEM UP-TIME WARRANTY
Innovative Interfaces shall be liable for tuning or upgrading the system if reliability falls below 98 percent
for more than two consecutive months anytime within 84 months &om installation. During the first 30
months, no additional hardware or software shall be required to utilize enhancements to the modules
included in the Contract; between 30 and 84 months Innovative Interfaces may require upgrades to
accommodate enhancements, but shall continue the guarantees if the upgrade is not undertaken. This
performance guarantee does not apply to additional modules not included in this Agreement. This guarantee
is contingent on the City using the hardware as a dedicated machine, staying within the parameters agreed
upon, and continuing the maintenance agreement in force. This guarantee shall not apply to performance
problems that may be caused by third-party hardware, software, or networks.
The formula for calculating each occurrence of downtime is as follows:
(d) = downtime coefficient value
(m) = number of minutes of downtime
(t) = total downtime [for that occurrence]
FORMULA: (t) = (d) · (m)
The downtime coefficient value shall be assigned according to the following table:
Loss of charge-discharge function 1.00
Loss of reserve bookroom function 1.00
Loss of patron file inquiry 1.00
Loss of item file inquiry 1.00
Loss of file-update online 1.00
Loss of order writing 1.00
Loss of order claiming 1.00
Loss of funds accounting 1.00
Loss of serial ordering 1.00
Loss of serials checkin 1.00
Loss of serials claiming 1.00
Loss of serials funds accounting 1.00
Loss of staff inquiry to acquisitions,
serials, or catalog records 1.00
Loss of patron inquiry of holdings 1.00
Loss of report printing for more than
six operating hours .25
Other software problems which affect
system performance .10
Loss of a single terminal .10
Loss of single disk, if system is operating .50
Loss of tape drive .25
Loss of console printer .25
, " r-'
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_ _ _______.',__,_ _._"_.+,~_'_~__"_"M_'_____~'______"~_ ___,_"___"_
Innovative Interfaces, Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 34
SCHEDULE G
RESPONSE TIME WARRANTY
Innovative Interfaces shall be liable for tuning or upgrading the system if response times exceed the maxima
by an average of one second during a response time test anytime within 84 months from installation. During
the first 30 months, no additional hardware or software shall be required to utilize enhancements to the
modules included in the Contract; between 30 and 84 months Innovative Interfaces may require upgrades
to accommodate enhancements, but shall continue the guarantees if the upgrade is not undertaken. This
performance guarantee does not apply to additional modules not included in this Agreement. This guarantee
is contingent on the City using the hardware as a dedicated machine, staying within the parameters agreed
upon, and continuing the maintenance agreement in force. This guarantee shall not apply to performance
problems that may be caused by third-party hardware, software, or networks.
Response times shall be measured from the point of keying <Enter> or completing a success barcode scan
to the point of the first meaningful character being displayed on the terminal.
Response Times:
NORMAL LOAD' PEAK LOAD'
Average Response Average Response
Type of Transaction in seconds in seconds
Checkout 2 3
Checkin 2 3
Patron file review
(patron status) 4
Holds review
(holds status) 4
Searches
Key lookup
(bib#, Barcode, etc.) 5 8
Indirect
(LCCN, ISBN, OCLC, etc.) 5 8
Authority type searches 5 8
(author, subject, call#, etc.)
Keyword/Boolean 6 (plus 1 second for every 2,000
(title, etc.) matching records
Acquisitions & Serials
Inquiry 5
Data Entry 5
Financial Calculations 8
'Normal load shall be calculated as 95% of the searches and Peak load shall as the top 5% of searches.
, :';-'JJ
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Innovative Interfaces, Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 36
II. VERIFICATION OF ESCROWED MATERIALS
Verification' of escrowed materials shall be by certified letter ITOm the Escrow Agent to the City
stating the identity of each document placed in escrow, the physical location of the escrow, and the date of
establishment of the escrow.
III. ENHANCEMENT AND MODIFICATION
In the event that the software supplied to the City pursuant to the above-described license is enhanced
or modified, the Licensor agrees to deposit into escrow all documents and data reasonably necessary to
support and maintain such enhancements and modifications pursuant to all of the terms and conditions of
this escrow agreement.
IV. CONFLICTING DEMANDS
In the event that the parties to this agreement, at any time, give the Escrow Agent conflicting demands,
the Escrow Agent shall promptly attempt to resolve the conflict. In the event that the Escrow Agent is unable
to resolve the conflict within ten days, the Escrow Agent shall interplead the escrowed materials into a court
of competent jurisdiction. Each of the parties hereto agrees to indemnify and hold the Escrow Agent
harmless fTom all costs and expenses, including reasonable attorney's fees, in the event that a conflict of
demands requires interpleader.
V. TERMS OF RELEASE OF ESCROWED MATERIAL
In the event that the material escrowed hereunder is released to Licensee, said materials shall
nevertheless remain the property of Innovative Interfaces, its assigns, trustees, and/or successors in interest.
The escrowed materials shall be subject to all of the terms and conditions of the underlying license granted
to Licensee, including but not limited to, trade secrets and confidentiality protection. The City agrees that
the escrowed materials shall be used exclusively for the maintenance of the licensed software and for no
other purposes. The City agrees to make all persons working with such licensed escrowed material aware
of the terms and conditions of the license and their liability for unauthorized use of the licensed escrow
material.
//-41
--- ---- --,----,-,,-"-,----~_.,--_.
Innovative Interfaces, Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 38
This Maintenance Services agreement does not include repair services or replacement parts due to
damage caused by fire, flood, lightning, tornado, windstonn, hail, earthquake, explosion, smoke,
aircraft, motor vehicle, collapse of building, strike, riot, power failure or fluctuation, or other cause
originating by reason of other than nonnal operation of the equipment, or City's negligence or misuse
of the equipment. In the event of such catastrophic damage brought on by an act of God as above-
described, the City may contract with Innovative Interfaces, at Innovative's then prevailing consulting
and maintenance rates, to repair and/or by mutual agreement, replace the damaged equipment at
prevailing cost.
(2) On reasonable notice and at Innovative Interfaces' expense, Innovative Interfaces may require the City
to permit Innovative Interfaces physical, telephone dial-in, or Internet access to the System to correct
Softwarè bugs and carry out modifications to the System for the purpose of maintaining the System.
Innovative Interfaces will be responsible for all corrections at Innovative Interfaces' expense.
(3) Upgrades to the Software modules licensed to the City shall be installed at no cost to the City so long
as the equipment currently being used as the MILLENNIUM computer system has been determined
by Innovative Interfaces to be sufficient and/or compatible for the load and operation of such new
release or upgrade. If the equipment is deemed not to be sufficient for installation of the new release
or upgrade to the software, then the City shall be responsible for the cost of such new equipment as
may be required for such software upgrade. If the City declines to upgrade its hardware to
accommodate the upgrade and/or enhancement to the software, then the City shall remain at its then
current software release. The City will be infonned of the release of new products or features for the
System, which may be acquired by the City from Innovative Interfaces at a negotiated price. For the
purpose of this document, the term "upgrades" shall mean improvements in the Software which relate
to operating performance but do not change the basic function of the Software or the file size.
(4) If the City adds any additionallnnovative Interfaces equipment or Software to the System after the
initial installation, the Maintenance Services shall be extended to cover the additional equipment or
Software. The maintenance charges for such equipment or Software shall be based upon Innovative
Interfaces' then-current maintenance price list. A one (1) year warranty shall commence starting with
the date of installation of such additional equipment or Software item. The additional cost of coverage
for the additional equipment or Software shall be added to the Maintenance Agreement after such
warranty shall expire.
(5) For hardware supplied by Innovative Interfaces, the City shall accept parts shipments for all plug-in
or screw-in components, but will do no wire stripping, soldering, or other electrical and/or mechanical
work.
(6) Field support for subsequent changes in system parameters shall be performed at Innovative
Interfaces' current prices, with quotes to be provided for each required change. However, table
modifications shall be considered part ofInnovative Interfaces. Regular maintenance support.
!! -' I-tR
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Innovative Interfaces, Inc. and MILLENNIUM Contract
City of Chula Vista November 29 1999
Page 39
THE CITY OF CHULA VISTA INNOVATIVE INTERFACES, INC.
By: By:
Name Name: Gerald M. Kline
Title: Title: CEO/President
Date: Date:
/j/ L/1
------.,.----".",--,---,,-----------_.----
COUNCIL AGENDA STATEMENT
Item: IJ.-
Meeting Date 12/14/99
ITEM TITLE: Resolution approving the amended and restated sublease
between the City of Chula Vista and the Eastlake Company, LLC for
office space in eastern Chula Vista to house the City Building
Inspection Section and a satellite Permit Processing Center, and
authorize the Mayor to sign the ~eement.
SUBMITTED BY: Director of Planning and Building
REVIEWED BY: City Manager 1'; D~ (4/5ths Vote: Yes_NolO
In December 1998, the City entered a one-year sublease for 1,626 square feet of office space
from the Eastlake Company, LLC, to house the Building Inspection Section of the Planning and
Building Department. The space was needed due to staff increases in the Department of Planning
and Building, and space constraints in the Public Services Building. Subsequent staff increases
and the desire to establish a satellite Permit Processing Center in eastern Chula Vista have
necessitated additional office space. The amended and restated sublease provides an additional
1,693 square feet of office space that will meet space needs for the term of the sublease, and
facilitate the establishment of a satellite Permit Processing Center in eastern Chula Vista.
RECOMMENDATION:
That the City Council adopt the resolution approving the amended and restated sublease between
the City of Chula Vista and the Eastlake Company, LLC for office space in eastern Chula Vista
to house a satellite Building Permit Processing Center and the City Building Inspection Section,
and authorize the Mayor to sign the sublease agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
In December 1998, the City subleased 1,626 square feet of office space fTom the Eastlake
Company, LLC, to house the Building Inspection Section of the Department of Planning and
Building. This sublease expires December 31, 1999. The space was needed due to staff
increases in the Department of Planning and Building, and space constraints in the Public
Services Building. Locating the Building Inspection Section in eastern Chula Vista made sense
since the majority of their inspections were in the proximity of Otay Lakes Road, often less than
a five minute drive from the satellite office. Based on an initial market search and location, this
was chosen as a suitable location and it has worked well for Building Inspection staff, while
establishing the Department's presence in eastern Chula Vista. In the past year, demand for
inspection services increased, and staffing was increased to help meet the demand. As a result,
the existing office space in the eastern office is no longer large enough to accommodate the
inspectors. In addition, after the successful implementation of the new building permit tracking
system, the establishment of a satellite Permit Processing Center in eastern Chula Vista is
1.2 - I
- --".'-,--"---_.~_.__._-_.._,_...,-'_.--_..__.._"'"--'~-----.--- -,_._~
Page 2, Item -
Meeting Date:12/14/99
desirable, requiring additional space.
The Eastlake Company, LLC, the sublessor, has just renegotiated a five-year extension to their
existing lease, and has offered the City an additional 1,693 square feet of office space to
accommodate our space needs. The initial sublease to the City was for a one-year period, to the
end of the Eastlake master lease, and was offered at $1.00 per square foot per month. Eastlake
absorbed the City's portion of common area maintenance, utilities and janitorial services due to
their need to lease out unneeded space, and the short term of the sublease. Under the proposed
sublease, the rate will increase to $1.48 per square foot per month, which includes base rent,
common area maintenance, utilities and janitorial services. This lease rate is comparable to lease
rates of other office space in the nearby area.
The new sublease has been drafted to give the City the maximum amount of flexibility during the
five-year period, in the event the new City Corporation Yard is complete and ready for
occupancy, to include the Building Inspectors. The subleased office space is divided into three
areas, (A), (B) and (C), as shown on Exhibit B of Attachment 1. Area (A), 735 square feet, will
be subleased the entire five years, and is the proposed location of the satellite Building Permit
Processing Center. The reason for the 5-year sublease is the desire to establish a consistent
location for convenient public access. Area (A) was chosen because of easy access to the parking
lot for visiting citizens. Both spaces (B), 891 square feet, and (C), 1,693 square feet, are 2-year
subleases with three I-year sublease renewals each. The current estimate for completing the City
Corporation Yard is two years, and allowing for unforeseen delays, the I-year sublease renewal
option gives stability to our Building Inspection office location until their final relocation to the
City Corporation Yard.
FISCAL IMPACT:
Over the five-year period, should the City not exercise any renewal options for areas (B) and (C),
total cost would be $157,048. During the same five-year period, should the City exercise all
sublease renewal options, total cost would be $294,720. Funding will come from Civic Center
Expansion Development Impact Fees.
Attachments
1. Revised and Restated Sublease, including Exhibits A, B and C
H: \shared\Bld _ hsg\EastlakeA113.doc
( ~-..2..
--------,- .-___0"0._0,"
/0
RESOLUTION No.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AMENDED AND RESTATED SUBLEASE BETWEEN THE
CITY OF CHULA VISTA AND THE EASTLAKE COMPANY, LLC FOR OFFICE
SPACE IN EASTERN CHULA VISTA TO HOUSE THE CITY BUILDING
INSPECTION SECTION AND A SATELLITE BUILDING PERMIT PROCESSING
CENTER, AND AUTHORIZING THE MAYOR TO SIGN THE SUBLEASE
AGREEMENT
WHEREAS, on November 16, 1999 the City entered a one-year sublease with the
Eastlake Company, LLC to house the City Building Inspectors; and
WHEREAS, interim addition of Building Inspection staff has created a space shortage in
the current sublease; and
WHEREAS, the current sublease expires December 31,1999; and
WHEREAS, office space for the City Building Inspection staff is not yet available in the
new City Corporation Yard; and
WHEREAS, the Planning and Building Department desires establishing a satellite Permit
Processing Center in eastern Chula Vista.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula Vista
hereby approves the amended and restated sublease between the City and the Eastlake
Company, LLC for office space in eastern Chula Vista to house the City Building Inspection
Section and a satellite Permit Processing Center, and authorizing the Mayor to sign the sublease
agreement.
Presented by Approved as to form by
~, ef
Robert A. Leiter Joh M. Kaheny
Director of Planning and Building Attorney
H:\SharedIBld_hsg\EastiakeReso.doc
(,2-3
-----'" " "~__"_~._____.._m_,____.~_._~___· --,~-
ATTACHMENT 1
SUBLEASE - AMENDED AND RESTATED
1. PARTIES.
This amended and restated sublease, dated December 9, 1999, is
made between THE EASTLAKE COMPANY, LLC ("Sublessor") , and the
CITY OF CHULA VISTA, a chartered municipal corporation of the
State of California ("Sublessee") .
2. MASTER LEASE.
Sublessor is the Lessee under a written lease dated March 25,
1987, wherein 900 Lane Avenue Partners ("Lessor") leased to
Sublessor the real property located in the City of Chula Vista,
County of San Dieqo, State of California, described as 900 Lane
Avenue, Suite 100, Chu1a Vista, California 91914 ( "Master
Premises") . Said lease has been amended by the following
amendments: First Amendment dated December 22, 1989; Second
Amendment dated December 10, 1999; said lease and amendments are
herein collectively referred to as the "Master Lease" and are
attached hereto as Exhibit "A".
3. PREMISES.
Sublessor hereby Subleases to Sublessee on the terms and
conditions set forth in this Sublease the following portion of
the Master Premises ("Premises") : Approximately 3,319 square feet
comprising of one (1 ) reception area, eight (8 ) private offices
and two (2 ) open areas as shown on Exhibit "B". The Premises are
divided into three distinct areas, (A) comprising of three
private offices and reception area totaling 735 square feet, IB)
comprising of two (2) private offices and one ( 1) open area
totaling 891 square feet, and IC) comprising of three (3) private
offices and one ( 1) open area totaling 1,693 square feet.
Additionally, Sublessor has agreed to share kitchen privileges
with Sublessee as part of the common area of the premises.
Furniture included as part of the Sublease are listed on Exhibit
"C".
4. WARRANTY BY SUBLESSOR.
Sublessor warrants and represents to Sublessee that the Master
Lease has not been amended or modified except as expressly set
forth herein, that Sublessor is not now, and as the commencement
of the Term hereof will not be, in default or breach of any of
the provisions of the Master Lease, and that Sublessor has no
knowledge of any claim by Lessor that Sublessor is in default or
breach of any of the provisions of the Master Lease.
5. TERM.
The term of this Sublease for all areas (A) , (B) and (C) shall
commence January 1, 2000 ("Commencement Date") , or when the
Lessor consents to this Sublease (if such consent is required
under the Master Lease), whichever shall last occur. The
expiration of this Sublease is December 31, 2004 for area (A),
and December 31, 2001 for areas (B) and (C) . Sublessee may
exercise three (3) one year options to renew areas (B) and (C) ;
however, when exercising a renewal option, in order for Sublessee
to sublease area (B) , area (C) must be subleased by Sublessee
first. In the event the Term commences on a date other than the
Commencement Date, Sublessor and Sublessee shall execute a
memorandum setting forth the actual date of commencement of the
Term. Possession of the Premises ("Possession") shall be
delivered to Sublessee on the commencement of the Term. If for
any reason the Sublessor does not deliver Possession to Sublessee
on the commencement of the Term, Sublessor shall not be subject
to any liability of such failure, the Termination Date shall not
be extended by the delay, and the validity of this Sublease shall
not be impaired, but rent shall abate until delivery of
Possession. Notwithstanding the foregoing, if Sublessor has not
delivered Possession to Sublessee within thrity (30) days after
the Commencement Date, then at anytime thereafter and before
delivery of Possession, Sublessee may give written notice to
Sublessor of Sublessee's intention to cancel this Sublease. Said
notice shall set forth an effective date for such cancellation
which shall be at least ten ( 10) days after delivery of said
notice to Sublessor shall remain in full force and effect. If
Sublessor delivers Possession on or before such effective date,
this Sublease shall remain in full force and effect. If
!;¿ -ý
--.--..""----'"-~-,.,_.'''-----"..
Sublessor fails to deliver Possession to Sublessee on or before
such effective date, this Sublease shall be cancelled, in which
case all consideration previously paid by Sublessee to Sublessor
on account of this Sublease shall be returned to Sublessee, this
Sublease shall thereafter be of no further force or effect, and
Sublessor shall have no further liability to Sublessee on account
of such delay or cancellation. If Sublessor permits Sublessee to
take Possession prior to the commencement of the Term, such early
possession shall not advance the Termination Date and shall be
subject to the provisions of this Sublease, including without
limitation the payment of rent.
6. RENT.
Sublessee shall pay to Sublessor as minimum rent, without
deduction, cutoff, notice, or demand, at 900 Lane Avenue Ste.
100, Chula Vista, CA 91914 or such other place as Sublessor shall
designate from time to time by notice to Sublessee, the sum of
four thousand nine hundred twelve dollars 1$4,912.00) per month,
in advance on the first day of each month of the Term, through
December 31, 200l. Thereafter, the rent for area (A) will be
$1.48/square foot or one thousand eighty-eight dollars 1$1,088)
per month through December 31, 2004. Should options for areas
(B) and (C) be exercised after December 31, 2001, rent will be
$1.48/square foot or one thousand three hundred nineteen dollars
($1,319) per month for area (B) and two thousand five hundred
five dollars 1$2,505) per month for area IC) . All rents include
base rent, community area maintenance, utilities and janitorial
services.
7. SECURITY DEPOSIT.
Sublessee shall increase the deposit with Lessor the sum of three
thousand sixty-four dollars 1$3,064.00) , the difference between
the adjusted monthly rent and the one thousand seven hundred
dollars ($1,700.00) currently on deposit with the Sublessor. If
Sublessee fails to pay rent or other charges when due under this
Sublease, or fails to perform any of its obligations hereunder,
Sublessor may use or apply all or any portion of the Security
Deposit for the payment of any rent or other amount then due
hereunder and unpaid, for the payment of any other sum for which
Sublessor may become obligated by reason of Sublessee's default
or breach, or for any loss or damage sustained by Sublessor as a
result of Sublessee's default or breach. If Sublessor so uses
any portion of the Security Deposit, Sublessee shall, within ten
(10) working days after written demand by Sublessor, restore the
Security Deposit to the full amount originally deposited, and
Sublessee's failure to do so shall constitute a default under
this Sublease. Sublessor shall not be required to keep the
Security Deposit separate from its general accounts, and shall
have no obligation or liability for payment of interest on the
Security Deposit. In the event Sublessor assigns its interest to
this Sublease, Sublessor shall deliver to its assignee so much of
the Security Deposit as is then held by Sublessor. Within ten
(10) days after the Term has expired, or Sublessee has vacated
the Premises, or any final adjustment pursuant to section 6 has
been made, whichever shall last occur, and provided Sublessee is
not then in default of any of its obligations hereunder, the
Security Deposit, or so much thereof as had not therefore been
applied by Sublessor, shall be returned to Sublessee or to the
last assignee, if any, of Sublessee's interest hereunder.
8. USE OF PREMISES.
The premise shall be used and occupied only for office use and
for no other use or purpose. Establishment of a satellite office
to be used for issuing minor building permits falls within the
scope of the intended office use.
9. ASSIGNMENT AND SUBLETTING.
Sublessee shall not assign this Sublease or further sublet all or
any part of the premises without prior written consent of
Sublessor (and the consent of Lessor, if such is required under
the Terms of the Master Lease) .
10. OTHER PROVISIONS OF SUBLEASE.
All applicable terms and conditions of the Master Lease are
incorporated into and made a part of this Sublease as if
Sublessor were the Lessor thereunder, and the premises, except
/:1- - S-
, __,_,,_____'·4__'_'_,,_,·"·,·
for the following: 1 ) Any extension of the Term shall be at
Sublessor's sole and absolute discretion except to the extent
sublessee may exercise the renewal options on areas (E) and IC) .
Sublessee assumes and agrees to perform the Lessee's obligations
under the Master Lease during the Term to the extent that such
obligations are applicable to the Premises except that the
obligation to pay rent to Lessor under the Master Lease shall be
considered performed by the Sublessee to the extent and in the
amount rent is paid to Sublessor in accordance with Section 6 of
this Sublease. Sublessee shall not commit or suffer any act of
omission that will violate any of the Provisions under the Master
Lease. Sublessor shall exercise due diligence in attempting to
cause Lessor to perform obligations under the Master Lease for
the benefit of Sublessee. If the Master Lease terminates, this
Sublease shall terminate and the parties shall be relieved of any
further liability or obligation under this Sublease, provided
however, that if the Master Lease terminates as a result of a
default or breach by Sublessor or Sublessee under this Sublease
and/or the Master Lease, then the defaulting party shall be
liable to the nondefaulting party for the damage suffered as a
result of such termination. Notwithstanding the foregoing, if
the Master Lease gives Sublessor any right to terminate the
Master Lease in the event of the partial or total damage,
destruction, or condemnation of the Master Premises or the
building or project of which the Master Premises are a part, the
exercise of such right by Sublessor shall not constitute a
default or breach hereunder.
11. DEFAULT.
11.1 Notice and Remedies. In the event Sublessee fails to pay
Rent or to perform any of Sublessee's other obligations under
this sublease, or any part of this Sublease, when due or called
for under this Sublease, Sublessee shall be in default.
Sublessee shall have a period of three (3) days after service of
written notice by Sublessor specifying the nature of Sublessee's
default within which to cure such default, provided that if the
nature of a non-monetary default is such that it cannot be fully
cured within said three-day (3-day) period Sublessee shall have
additional time as may be reasonably necessary to cure such
default so long as Sublessee proceeds diligently at all times to
complete said cure. Sublessee agrees that a notice served in
accordance with the provisions of California CODE OF CIVIL
PROCEDURE 1161, as it may be from time to time be amended, will
constitute compliance with the notice requirements of this
paragraph. If Sublessee fails to cure any such default in a
timely manner, Sublessee shall be in breach of this Sublease,
and Sublessor may, with or without further notice or demand of
any kind, at its options:
la) Terminate Sublessee's right to possession of the Premises
because of such breach and recover from Sublessee all damages
allowed under 1951. 2 of the California CIVIL CODE, including,
without limitation, the worth at the time of the award of the
amount by which the unpaid rent for the balance of the Term
after the time of the award exceeds the amount of such rental
loss for the same period that Sublessee proves could be
reasonably avoided; or (b) Not terminate Sublessee's right to
possession because of such breach, but continue this Sublease
in full force and effect; and in that event ((i) Sublessor may
enforce all rights and remedies under this Sublease and under
the provisions of 1951. 4 of the California CIVIL CODE,
including the right to recover the Rent and all other amounts
due under this Sublease as such Rent and other amounts become
due under this Sublease; and Sublessee may assign its
interest in this Sublease with Sublessor's prior written
consent, which consent shall not be unreasonably withheld.
11.2 Sublessee's Property. In the event of default, all of
Sublessee's property shall remain on the Premises and in the
event, and continuing during the period said default remains
uncured, Sublessor shall have the right to take exclusive
possession of Sublessee's property and to use it rent or charge
free, until all defaults are cured or, at Sublessee's option, to
require sublessee forthwith to remove any and all of Sublessee's
property; and if Sublessee fails to do so, Sublessor may remove
/:2 ~~
______n____"" _ ____~_______~__~_~_.._"_
any such property and place such property in storage in a public
warehouse at the cost and risk of Sublessee.
11.3 Notice of Termination. No re-entry or reletting of the
Premises shall be construed as an election by Sublessor to
terminate Sublessee's right to possession of this Sublease unless
a written notice of such intention is given by Sublessor to
Sublessee; and notwithstanding any such reletting without such
termination, Sublessor may at any time thereafter elect to
terminate Sublessee's right to possession and this Sublease in
the event that at such time Sublessee remains in default under
this Sublease.
11. 4 Waiver of Notice; Performance of Sublessor. Notwithstanding
any provision of this Paragraph 11, (a) if Sublessee is required
to comply with any governmental requirement, Sublessee shall not
be entitled to notice of default from Sublessor or any right to
cure beyond the period within which such compliance may be
required by such governmental requirement; or (bl if in
Sublessor's judgement the continuance of any default by Sublessee
for the full period of notice provided for in this Paragraph 11
will jeopardize the Premises or the rights of Sublessor,
Sublessor may, with or without notice, elect to perform those
acts with respect to which Sublessor is in default for the
account and at the expense of Sublessee; or (c) with respect to
provisions of this Sublease which expressly provide that this
Sublease may be terminated effective on service of notice,
Sublessee shall be entitled to a right to cure only if a right to
cure is required by law. If by reason of such default by
Sublessee, Sublessor is compelled to payor elects to pay any sum
of money, including, but without limitation, reasonable
attorney's fees, such sum or sums so paid by Sublessor, with
interest thereon from the date of such payment at the rate
provided in this Sublease, shall be due from Sublessee to
Sublessor on the first day of the month next following such
payment by Sublessor.
11. 5 Interest. Any amount owed to Sublessor under the terms and
provisions of this Sublease which is not paid when due shall bear
interest at the highest rate allowed by applicable law from the
date the same becomes due and payable by the terms and provisions
of this Sublease until paid, unless otherwise specifically
provided in this Sublease.
11.6 Other Remedies. Nothing contained in this Sublease shall
limit Sublessor to the remedies set forth in this Paragraph 11.
Upon Sublessee's default or breach, Sublessor shall be entitled
to exercise any right or rernediy then provided by law, including,
but not without limitation, the right to obtain injuncture relief
and the right to recover all damages caused by Sublessee's
default or breach in the performance of any of its obligations
under this Sublease.
12. ATTORNEY'S FEES
If Sublessor, Sublessee, or Broker shall conunence an action
against the other arising out of or in conjunction with this
Sublease, the prevailing party shall be entitled to recover its
cost of suit and reasonable attorney's fees.
13. AGENCY DISCLOSURE.
Sublessor and Sublessee each warrant that they have dealt with no
real estate broker in connection with this transaction for which
a commission is due.
14. NOTICES.
All notices and demands which mayor are to be required or
permitted to be given by either party on the other hereunder
shall be in writing. All notices and demands by Sublessor to
Sublessee shall be sent by United States Mail, postage prepaid,
addressed to the Sublessee at the Premises, and to the address
hereinbelow, or to such other place as Sublessee may from time to
time designate in a notice to the Sublessor. All notices and
demands by the Sublessee to Sublessor shall be sent by United
States Mail, postage prepaid, addressed to the Sublessor at the
address set forth herein, and to such other person or place as
!;¿ -]
0_'0__._'____0_0____
12/£8/1999 10:02 619-585-5681 CHULA VISTA BLDG HSG PAGE 05
the SuþlQSSOX may from time to tirnq Qe~~gnate in a notice to the
Sublessee.
To sublessor: 900 Lane Avenue. Suite 100, Chula Vista, CA 9~91~
fa Sublessee: City Attorney, City of Chula Vista, 276 fourth
Avenue, Chula Viat~. C~ 91910
Date: Date:
','.",',~,.",.,.... s~bless,or:THi, EASTLAKE, COMPANY,LLC Subl~s8ee:CITY OF,CHULA VISTA
~. ~ A chartered munic~pal co~porat1on
I!, of the State of Caafornia
, MIJi-
" ' "~
,
¡
- By; _;"" '.," By:
wt~ T. Q" em Shiriey Horton
~resident and CEO Mayor
Approved as to form by:
John Kaheny
City Attorney
·,.,,"·'·,',.·.1·'·"'.'·'.··..·
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"_,_,___,,_~._ ~._,___..." _+_o_____~,+,_ "__,,___.__0 r------ UO______ '."0___'__ __~,+__,,_,__,,+ .-.--,_____"~_____.___'___
- J FRANK MAHONEY PAGE 01
I ,"'"'''' """ ",.",.m'EYI; I b',T- A
~ASTLA~i BUSIN~SS CENTER
STANDARD MULTI-TENANT LEASE
LESSOR' J. Frank Mahoney III and Judith M. Mahoney,
TRUSTEES OF THAT CERTAIN MAHONEY INTERVIVCS
TRUST, DATED April 13, 1977, as re.tated
November ~~, 1989.
;>
';¡·~b
.~ LESSEE' tHE BASTLAKB COMPANY. LLC
.~~..
BUILDING, 900 tana Avenue
Chull V1ata, California ~',
,SUITE' 100
CATE or LEASE. December 10, 1999
¡.,.",.",..",.'
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_~_ __ __ ___ _____0_____
0"""""."-'-'.'-- .,--___ '.0_"___
J FRANK MAHONEY PAGE 02
1:/8Sn '399 17: 28 519-25'3-5558
EA.T~XZ BUSINEss QBNTER
iTANCMC t.&,',n-K\lI/n TEHANT
'rh1. LlASE 1. m&~e .. or th. .JJ2.th.-. <iay ot nF>.r"AmhAr I
~,~, by In~ b.t~..n t...o~ .n~ ~....,
W;¡THiiilTH,
1, 134.10 TIII:r""mS ftJ"ld Cot'lditio'nw, Pct' the ~\,u:po... of thi.
Loa.., tho follo~in9 t.rm, 'hIll hav. tho fOllow.n9 ~.finition,
In~ ..anin911 ,
(a) S.t forth b.low i. tho n.m. of the L.'Bor In~ tho Les.or'.
.4~r... to whi~h all notice. shall be 9ivenl
J. Frln' Mahoney III an~ Ju~ith M.
I Mahoney, Tr~8t.e. of that Oertain
MAHONEY ¡NTERVIVOS TRUST. ~at.~ April
13, 197', I. r..tated November 22,
1989,
'. ", .n 00"0" '0' ""' ,.,..." ..", .. '''.m. ...
'. ¡SsUa'I-Mlhoney Trust
~66 Surt View Cou~t
Del M.r, C.lifornil 9~O'4
Attlnl J. Fran'Mlnoney
(bl Sot forth b.low i. thl n.m. Of tho Lo.... In~ tho Le....'.
laar... to whioh III notic.. .h.ll b. 9iv.n:
TUp. JtA~'T"T.Ap\i¡. COMPANY ~~
~~~"'~ I..
~~~ T hl'J~ l'IUPI'J!1J;'
I'"'UTTTp\ ,,'tC'T'1t f"1tTTJ;'('\hli'J'T'A (I(r~
AnN, DE~tI-KLIM(:!I'Jt:'¡)
Co) S.t torth b.lo~ i. the .a~r... by ~hlch tho pr.mi..s .r.
OO~o~ly known .nd the Iddre.. to which any notice, may be qiven
durin9 tho t.rm Of thi. Lo... .na it qiv.n to .uch oQQr... .holl
Þ. ~"m.~ to b. ~.livsr.Q to tho T.nontl
900 Lane Avenue, Suite 100
''''
,'"", Cd) Th. 8uil~in9 b.lr1n9 the common .~~rs.s .hown 1n Poro-
¡",' 9rlph (0) .bov. i. tho "8~ildin9" t'lterr.~ to ln thio L.....
' . C.) Th. Suits nU!l\bsr of the Pramls.. io describ.d in P.ra-
"" 9'roph (0) Ibovs and io tho "Suits Numb'r" of the Pr.mi....
','"
Cf¡ Floor(.) ~pon ~hioh ths prsmio.s .r. 10oot.~1 "ro'
(9) Prsmls.., Thos. o.rtlin pr.lI\l..s ~.tin.d 1n Porlqroph a
h.roin b.low,
(h) Slt.1 Th. roll prop.rty upon ~hioh ths Premis.. .rs
¡OQlt.~ i. ~..oriÞ.Q ,. fOllows,
Lot 32 of Ch~lI Vista Troot Ho, 84-7 Unit
No, 1, in tns Clty or Ch"lo Vi_t., County ot
SIn 1)1090, ColHornlo, Oocorainq to M.p
th.r.ot No. 11~09, tileQ in tho Ottics of ths
. l
'\ (.2.- (D ~\
II
¡ ", .
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'.... ..., ..,.. . -- .
J FRANK MAHONEY PAGE 03
12/0811 ggg 17:28 51g-25g-5558
County Recor~er of San Dieqo County on
Mal' 1., 1986.
(1) Approximate Renteble Area Within Prem1lel' 10 'iOR
(j) Term, ~ Lea.a Yaarl an~ ~ Monthe.
(k) Option., ~pp P;:tr;;¡'l'u"1'IInh 49 of A¿¡d~nñ\1m
I
U (1) Rental A~juatment., c..:..", :C"<>""'Ç)''P";!iIph A , /... \ ,...,~ T """,,,,,,,,
" ,~..
. j'
(m) Laalehold Improvement., o':"~ D......g..."'p'l. 1';') ....ç. "..1,.'1gn,.1l"...
(n) Estimated Commlncement Date: "T"'~""''''1" 1 ')(ìnn
(0) Commen~em'nt Date, The .arl1er or the rOllow1nq two datel'
(1) the data upon which Lallor tenders poslass1on; or
(1i) the data ~pon which the Leal.hold Improvements have
been substantially completed aa determined by Lessor's
architect or spaoe plannQr (exoept that if completion
of the Lea.ehold Improvement. i. delayed by Lessee's
de8iqn duci.ion., revisions or additional work ot
Le8se. or it. aients, then the Commencement Date a.
wo~ld otherw1ae bs establ1lhed shall be acceleratad bl'
the n~m.ber or dal'S or said clelal') .
(p) Annual Bas. Rent: $126,096.00, SUBJECT TO ANNUAL ADJUSTMENT
,
;. (q) Tenant'l Percentaql or Total Rentable Araa: ~.
.. (r) Securitl' Deposit, NONE .
"-,." ( I) Plrm1thd Use, General Office Us~ge"
(t) Amount or Rlqu1rld Liabilitl' Inluranc., $;00 nnn nn ,
(~) Ðl'oker.: Lessor: NONE
Less..: ~11''''~
(V) Exh1bite,
").,, - Delcri~tion orPremilee
I'BII - ~..x ~~~~ñ~tX~~{~~~X SIGN CRITERIA
(w) ",f' - TENÆT IMPROVEMENT PLANS
A à8hda: ttach.~ hereto is an Addenàum containing
Paragraphs 17 thro~qh 52 .
I WJ<\EASTLAKB.BCS ~
07ô2'88 2
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O__'O_""_"'~ "_,___~ ___,~_,,____w ___"~~___~____o~___,,,,__,,"__,__W____"_. ________..,0"_'___ - - __,__0_-
~-
619-259-5558 J FRANK MAHONEY PAGE '"
12/08/1999 1 ï: 28
,. PrAMlfI@1I hrlt!1"I1 .nd !:1JI1'II'.Oj. ..~....
2 , ~ L'nor hU'oy l..ltl ~o L'''tl' .nd Len.. l..... frOfl'l l.nor for t~. term, It the rIM.l, .nd
I upo'" .11 ;, the cona:itlon~ ,.t forth 1'1'1'.11"1, th.t IU!U d.a!inltrd in p.rllr.~ 1(." al.ltl1ned in b:hibit "A" to thl. l,Au
(~hc "Prllllll..") In the luflcll,.,. which II cll.crllMcl I,., PI"I'".''''' Hd) (thl "Iu!¡dlng"), !,.,elL/dr~" rllllte to the COIT11'IOn Ar...
II l'I.r.lnlhlr I~clfllld b\J~ not InclL/dil'l'll .ny rl.tIt. to ~hl roof or I)lt.rior ".Ila Q' the P"0II'I1"I or th. 8l,.1Hdlnll. The
Prlflli... II" a ¡;IOrtion of HI. luHcllnv. Th. Prtml.... the '1.IlLdintJ, thl CIIImIO!'\ Ar... .rod the Sit. II'. ".tt""td to h,,,ein
;gll...tl...oly II tilt "Proptrtyu.
~,: 2.Z V.hlcl. hr, :(nq. L'"n thlll :M~k en tho.. Ii/OrHonl Df thl CCII'ITICI'I AI"" detlgnltl'd by ll..or for LUIe,'t
;" "
: ",:,:,-., p.rkin". Th!. ¡.¡rovl.ll)l"I, how.ver, Ih.1l riot I~\y thlt L...... h., Il'Iy rilhtl to ~rklng .p.c" dell,nlttd for l'I.,,', .
IIIclu.lv'u'e. hId pI~ldng 'þ4ICtl ,h.lt be uud O"ly for p.rkln; by vehicle. no llrger th.n full .11e pllsenger lutClt \Obl~"
0" p'ck'~ truC~I. h.r.!n c.~leclIIP.rmltttd Sin VeMcl..." v.hlclu othlr th.1'I P.rrnitted Slu V'hle,I... ,,.. her.ln r."rrlG
tg.. "OY'''.lud Vehicl..... ~'",or ren"YII t~. rll1ht tQ cllIlgn". '1"" .. n~\gY'1 ~rktnlllren.
l.~,1 Lu... 11'1111 not ~rlllit CI~ IH~ Iny ".htcl.. thU belong to or II'I oontrolled by L..... or L.euert.
'"1'10'1'''1, luppll,rl. .hlppt.... cultcmtrl. or 'nvltllt to be 101lded. unlClldllCl, or P41rklnll In '1'1" other th.n t~o..
d..llIl'1Ittd Þy 1.'''01' for Il.Ich letlvlti,..
Z,2.2 If LIU" permits or alloll' Ii'll' of tl'lt :Irohibittlf .ctlvltl.1 descrIbed in "'r'II"I~ Z.2 of thl.
LIIU, then Lenor .hlll nlve the ~rght. wltl1Qut nat!ce. in .ddltlCll'l to .uch other rlint, IInd remoclf.. that it mey h.v.. tQ
rernevI or to.. 'N'y thl v.hhde involYIKI 1!'Id ;herllO 11'1. eof,t to L.eu". which co.t ,h.ll b4, ifT'Jlll<liltlly plYlbto upon cllInI,-.. by
L".1:I.
2.3 CCll'l'lTlDn A,.... . Cllftl'llti!!l"I. Th, ttrlll "COII1'IIOn Ar"I.11 I. d.flllltd II III aru. .!1d flcHitl.. o~u¡d. the
prilmi....nd IIlthln 1h, IIoIHdlnll th.t I."'" I, permlttltd tCl 1.1" In eOlllnOn 'IIlth .ll I.lunn In thl 'uHdlnD Ind .Il ar... lrod
t.cHltln ~OClttd Qn thl .Itlwhlch Lln" 'I þermlttlKl to I.4Ie In comon with .11 I".... in th. lulldinljil 'I provld.d ,nd
delignlttd by U'I' L.nor from tllM tQ time fo~ the ileneI'll lIo"·eJl.elu.lv, un of LeSlor, Leane .nd ot oth.r 1,¡uI. of th,
'u!~d¡n. Ind their rICl)lct!". ""PIal".', .uppll'i, Ah1pper., cu,tOl'l'ltrl Incllrwlteel, inc\udlnll h.llw.y.. COtTmOn r.'trooml on
II'I.<ltl·hnll'lt floorl. elevator., .ut"\o IIY', ..QIJfIIOn p! )I!I, condu!u. wir.. Ind Ipp..¡rtlnont eq1,l!~ent IIrvtnll the Prllll;lel,
perkin" IrIU, ¡oeding 1"Id \KIlo'dlng erll., truM fIIre... ~o.cI\ .'f" .i~.w.lk., wllkw.I'&, plrkway., drlvewlYI Ind llndi:C:lp"d
.r,u.
Z.4 Comnon Arel' - L.uee' I R!aht.. L...lor hereby IIr.nu to L...... for thl benefit of L...ee .reI it,
~loY"I, Il,Ipplier., 1~1pper.. cultOlT'erl Ind fnvlt.ltI, durin; thl tlr ' ! of thl. L"'e, t~. r.o"'-'.IIclullv. rliht to UII. In
conmQn 'oj!th oth'rl en~iUtd to 'uttl Ute, tll. COI!J'I'IOn Ar"l .. they I.IIllt from t!me to time, 'ubhe1 to .1'11' r1ll1lt., powar., end
privilt;'1 re..rvlKl by ~ellor und.r thl ~a"lIrI I"r.ot or vnd.r tha ter"" ef .ny rulll .nd I'ellululonl or r"t,.ictton.
governing tilt use of tile EIt~t.k.. BUlinlls C'fI~.r (tll. "lulln... Center"). Ul'\der no clrcI.IJISunç.. Ihlll tl'l. r111M hlr.ln
IIrlntecl to Ute tll. Com'IIOn A~III be d..mod to Incl'Jdt the ri;h~ tQ .tor. I,.,y pro~,.ty. tlMpor.rfly or ptrmenlr'!Uy. tn ~h.
CCI!m'IOn Ar.... Any .ueh UQrlg. ,hili bI ptrll\ltttd onlY by thl prior wrlnl" conllnt of LIII.or or Lenorl. de.lunltlKl Igent,
which cen..nt may be ilVOk.td It II'1Y ttme. ,., the '....nt 1het any UI"Ilut/'lorlzec;l UQra;. ,hell occur then L.1..ar 11'1.( l h.v, the
, 1'1 ¡lit, without notice, ,., IddltiQfl to tuch other right. Ind remn!.. thlt It filly hln. to rtmCl"'l the p,.operty II'¥:! ehlrg. the
calt to 1.1..... ""'ch CQlt .hllt be f!ll'l!lldllhly ply.ble upon clemend by 1.'41101'.
: 1: '.5 CCU'I. Carmo" "'~eu ~U¡.. .nd '.lIullrlgnl. ,hi "ro~rty 11 .ubJlct to that Decler.t!OI1 of COYln.ntl,
: ~ Cal1dition. .r'<d ...triction. hI' th. Elltllkt Bv.lnen (;."t,r Own.ra AuochtJfX\ (thl "Busin'lI Cent. I' eeIA1,"). LI..ee
Icknowlld;.. rec.ipt of I ca ))' of th, By.lne.. Centlr te&RII In¡: Len.. .h.1l comply In I~( WI)''' with the lu..lnl$a Clnt'"
'¡, >- C::U'.. l'"or gr t~ch othar )tr.an(t) .. L,ner mlY tþþoinl '~ell h,v. tht '.I\clut1y~ cgnt~cl Inclllflnlilement 01 th, ccrrrnOI'l
,11:,' Ar... .nd Ih.ll h.v. tht right, from tl~ to tilTJl, to ..Ubll.l'I, modify. I!'IIIM Ind .nfgrel ~I"on.bll r~l.. .nd r.gul.tton.
..i th ~"plct tnlr.~o, l...., '!lr,.. to _btdl by end conform to .1\ .ucl'l rUltl Ind r'lIl,Illtlol'll. end 10 c_~" lu Iq)¡OYIII,
luppl!lr., .hlpper., cv.tgmre,... Ind I"vlt.el to 10 Ibid,.1'd cantor"". L.llf;lr .h,¡ I nøt be rllpon,lbl. to I...... for th. "011.
=0111:111.1"1;' with uld rultt Ind r'lIulation. by 01"'tr I...... or !!Wnlrl of the l\Mlne" Cenur.
,.. Comnon .rell . C:h,n!l'" Llnor thlll h''''I th. ~!"ht, in 1....01". lole dilcrltion, trom time to time.
(.) To !!Ilk. cl'I.nlllU to the COlllTlon Ar,lS, tncludlng. without lim(ut!Of1, chlnlle. In th, loc.tlo". tiu,
'''Ipt of ."y po~tlon of the eOllYllQn Art..; Cb) To C~OIl te~orl,.j Iy 11'1'1' of the COIT\' )On Ar"l fgr mal,.,ten.nc. :)vrpo... .a long
.. 1""01"11'0\, '~CI" ~o the P"RIIII... remelnl Iv,tI.bll: (c) To dlli;nlt. otl'll" land out. lei. the Þcund.~ .. of till sit. u be
. :I.rt Of thl eO!l'lllOn Ai'lIi (a! To ldeI .ddhlon.l bYHclin;, .nd l~roVlIMntt to the Conmo" Art".; (I) To u.. It'le Comncn Ail..
while II'III'II~ !n ""kin; Iddltlanll I""rov_nt.. iI~(rl ar .It.r.tlont to thl Propartr. 01"1'1'1' portion th,r.ot; (f) TO UQ
.nd ptrtorm 'uch oth.r ICU Ind II'IIIk. luch othlr thengn In, to or w! th ".' )ICt to the elllm'lOn Ar." .1"Id thl Propt'rty .. L...or
liliy, 11'1 the 'Jeerd.. of 10lolnd bI.i..lneu judgment, d.em u bt .pp~opriltl.
,z.6.1 lellor ,h.ll It .ll t1me. I)revlde the Plrkin; tecHhr" for till Iu!lclinll requfrecl by Ipplic.b¡I Ilw.
3. 1.t.J:m.
3.' ltœ!. Thl term 0' th1.. lell, I/'I.(! COllll'lt'nc. on thl dU' cMlcrlbtcl In p.rlgr.~ Ho) (th. "Cl:lllllllncemcnt
Øltl") end be for thfllt perlccl cMI.lgn.tld In P.rtllr.p/'I 1(JJ UI'1le.. lOoner t,r llnlted p.¡rluent to Iny provl,tr,l/l "'Ireof.
3.' Oellvinpc!lleuiðn. Notllithstendil"lll ..id C~lIJ'I encement D.t.. If far 11'1'1' rellan l...or c.nnot dtl!ver
polleuìon gf th. Preml,es to Leuer. 0'1 IIld d.t., Lellor th.lt l'Iot be lubJect to Iny \¡Ibillty tll.rlfor, no~ .1'1.\1 ,uch
h!lure IHeClt th. v.\I~fty af this ~'I" or th,l ebllution. of L.II'" h.rlund.r or ellteM the tlrm M.rlof. but in l¡,jcll cell.
Ln... 'hlll /'\tIt bI Ob¡ll1.ttd ta ply rt'nt or ptrfol'''I.r'Y at~er øblilllt!ol'l of I.IIUe uride" thl tlrllll of 111it I...... ....c.pt ...
mey 1M 0111,rwl.. proyidlii In till. LII". ¡,jntfl )Q.....to" of thl Prlml... I. t.nd.rld to l.lne; provld~. Ì'lOli.VIi, th.t if
L....Qr Ih.tl r,ot hlVI d.llv.rad poll,uior¡ of t~1 Premi.... within on. hur'ldrld tw.nty C1i!O¡ at)'. from r.clip~ of bufld1nll
permit. L.n" ""''I', .t L.unl" option, by notice 11"1 jo"r1t!ng to l"'or w!tt1ln tll"I (10) d.y, th.relftlr cine. I tnll LUll
in whlcl\ .vlnt the )tIrti., ,hill bt dilct10rgld from all obligltiol\l her.under; provided furthlr, hOIl.."e~, thet If such .
t wrttun n01!0. of ttt.., la not re"lved by t.nor w!tt1ln satd tin (10) cllY pt,.[oc , I."....'. ilght to uncI I thll t'I"
lI.r'under Ih.ll t.~m\nU, .nd 1M of nQ further torce 0,. Iffect.
; '.' ]., hrìy Po&SOssion. If Lelll. QC~uprll l 11'1. Prtm1U'1 prIor to Uld COII'ItIf'l1cemel'lt Dote, 'l,Ien occupllncy .h.ll 0.
r,-_
! .~' '\Jbje~t to .1\ prQYlliont of tht, L.UII!, IU~" occupancy sll.11 nat Idv.nc. tht t.rmln.tlo" dltl. .nd L.,uee Ih.ll PlY r.nt tQr
, I\,/Çh pt'riod It th. 1niti'l ~nthly r.t.. .et forth below.
, , 4. lInl·
4.1 (I) lIa. Aent. keu" .hall p.y to lu.or, .. I... Alnt for the ,,.lm"II. o¡Hhout Iny offlllt 0" deductIon.
ucept II mey b. oth.ro¡lae Cl'lIpreuly prQvideq in thi, ~eue, on th. 1tt cI.y of '"¢h mont~ of thl tcrrmllereof monthly
p.yme,'IU i" IdYlln,. _quet to one·tll.lfth <1l1hh) of tll. 'ml)unt Je1 fortM In Plrlirlph 1(p), to,. Ilch "Leu.'Yetr'! tal
d.fined belo'tl). ..nt tor tnI' period duri"lI thl te~m hlr.ol which i. for I... th.n onl month .II.U be. prl) r.u portfCll'! of
tile IUI ""'t. ",r1t Ih.tl b. pay.bl. 11'1 ¡.wful Il'Clney of the United St.t.. to I.enor .t thl IIddrll. lit ferth In Plrlgr,ph
, (b) or to luch other perlon. or .t luch othlr pl.clI I' L.lllor 1'1II1' dlllllnltl in wrl tr"lI. ~
W(\~"'$flAICE.MT2 Id. - /~
OT228& J
------. 0'__- ------- -- -----"--
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, 12/88/199'3 17:28 619-259-5558 J FRANK MAHONEY PAGE e5
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..,lrl1:'" .f 'h' ,..... "''''",, .. .f'" ....... .... "11"'" 'M II~_I.... M. t,.., ,..~.tI_"I' I. c".'1i "",.In .1.-..,
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'.\ 11II' 1'''- IIr...... wit ........ ~t.. WIt., 'If' ''''' 1M ",..tn_ -. ,.,...".... U'I IN' fir tit ttMI" ....
.r Wf IIMI..
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12/08/1999 17: 28 óI9-259-5558 J FRANK MAHONEY PAGE OÓ
.., CQlllDlflrw:::. ..,it¡" l.w,
'" L.llor ",.rrent¡ to l..... that tÞlt Prtlllt..., In the etlte IICI'''1"1I on tne dlltt th.t thit LI'" term
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rlltrllltlon. of rlcord or tny Ipplfclbll bulldln, cod" 1"'"l,.Il_"lon or ordfMl"lU in .Utet on the L.... term CDfMllncMMnt
on.. In the ..,."t h II cNt,rmlned thlt thl. wlrrWlty h.. Þllln vioL_fed, thltn It .hlll be the obl1gU!on of the Llnor,
.n.1" written notl;. from L...... to prClf1:lUy, It unol'" 101. colt WId IICJMnu, r,ctlfy.ny lueh vlolltlon. Inthelvll'lt
llllN *",t !"lOt .,.... to L".or wrltt.n notte. of th, vlolltlon of t",. .'l'rI"':)' wltl'l'" .111. (6) ma,.,th, from the COImIencl!IIfnt
Dltt, the correçtfon of ...... 'hill be thl ob\lutlOl"l of the Le.... It l.....'. 101. co.t. TnII' '¡jlrr.rlty contlllned in thie
Plrlerlph 6.1(1) Ih~íl M oi no forca or IUICt If, prior to th. dUe of tl'lt. I.n.., L..... \1111 In o'IjMr or oecyplnt of thl
Prllllll.llnd, In II.ICh .~t, L..... Ihall cOrrtct .ny .vell vlolnlon It L'Uðe'. IO~' co.t.
(b) bc.pt II provl~ In Plrt,r.ph 6.2(., I...... Ihlll. II L.....'. eXplnu, prorJ1:ltly t_ly wtth III
.ppllcaCll. nnYt'l. ordlnlnc... r\,ll.., r.,Ylatlon.. the lUll",.. Centltr CC:I!t'., ordlltrl, cove"..nu Ind ,..attrlctlon, of
re-!;'ord, It'd rlllqUlrlllllnt. of any Hr. In.urlrICe lrIC'Jerwrlttrl or r.t1nl bur.aus, /'1011 .tflct or IoÙ!h:h ""y h.tether ;011II Into
IUe;t. whltl'l.r or not th..,. nfl.ct I Chii'll' In palley from thlt no'lj 'IClttn" durin, the tlrm or .ny plrt of thl torm IIereof,
r.tatlr'llil In Iny IIIInn.r to tnl Primite. .nd tll. occupation 1rw; 1.I11I' by lIlu. of the Prl!!\l." Ind of till COImIQI'I Arell. I.ell"
./'11\1 not 1.1" or parmit the 14.. of ~h. Prtmlu. or the Corrmon 11''', in 'My 11II1'11'1'1' tlllt will tel"lCl to erllt, '¡j~.te or I
nuinnc. or .h,l\ tenô to dl.turb ot~'r occuptnt. of the lulldlnl or the lu.!ne.. Centtr.
'.J eondltlen 0' Pr_'....
I CO) Lt"or ,h,1I d'llv,r the Prttnil" to I...... çl.." IncI! frø of debrl. 01'1 the t".. C:Oft'II'enC:.,..nt Þnt (unle..
. .
Ln..e 1. Ilrtldy In pal....IOf'1) and 1....01" Wlrr.ntt to L..", thlt th. pl~lng. \Iglltl,.", Ill' cordltlClnlnl, IItIItln, IrId
" ,: loedl"; door., If '!'1Y, In thl Pr""lul Ihl\l be In g* gpertt(ng c:Ot'Idltlon on tl'l. ~e... CClmlllncenent DIu. In ;he ennt
; ,,~ tlltt It I. Óltlrm1nld t~lt tllll "'Irrlnty ~.. been VIIII'tad, then It &11.1\ be the oÞlI,.tlon of lllsor, tHer r.c.!pt Qf
i' ~ 'ljrittln notlet fr~ l....e l.tH", 'orth \IIith .peclffclty t/l. l'I,ture of the vlal'tlon, to pr~Hy, .. l.nor'. '01. COlt.
i: .'.". rectify '1,1(:11 yiDlltlon. \.u...t. f,lIvre to live .uc:h wrltt.n not!CI to l.nor within tlllrty (30) dty. I'hr the ~"..
t~nc:ement Oat. Ihl\\ el\,l" the eotlelullv' pre.~tlor, th.t lellor II... t~¡IKI with fill 1."'01'" obllllltionl her~er.
.' ne 'ljlrrlnty contllncQ in thl. P.rlllr.~ 6.3(1) 'hill bt of no +Ore. or .ffe;t If prior to t~. diU Of tld. L...., I....ell' WIS
In owner or oçcuþlnt of tl'l. Prll'llllll.
'" ¡lInpt II oth.rwlu provldod in tl'll. L..n, I...... h.reby .ccesn. the Prlllliael In th.lr conc!itlon exlltln;
al of th. L.... Conmenc::tmef'lt O.te or till dlte thet I...." tl ~e. po.....lon of the Preml.... whIchever Is '1l'lIer, sUbject to
.lllppllublt (onln;, III.Iniclpal. COll1ty arod Utt. l,w., ordlnlnce..nd rt;ulltlOM 10Vlrnl", .1'1I;I relulltln; thl uu I;It the
Prim!"', Ir'Id .ny cov.nlnu or rlltrlctlo",1 of r.cord, al'lC! ICUpU tll11 I.e... .ubJICt therll'to .nd to .11 ""tur. dllelOI.d
thrlby ,nd by In.,. uh;blt. .ttlclled hereto. L..tel .cknewltd;el thlt M1t~lr 1....01' nor lll,ort, ,g.M hll fl'l&de Iny
r.pr"II'ItltiOl'\ 01' 'Ij.rr'l'1t.,. II to the pre..nt 01' luture .ultlb11lty Of th. Prlllll... for the conduct ot Le....'s bu.!n....
7. M.lntenan~. ..IIo8!rt 'It.l'atloM. ."de_n'l'llI Il!rv11!1I.
7.1 L..lor 'I Cbll'l~ 101'1'. I\bJlet to till provision, of Pllr,"r.phl 4.2 (Cperating EItp"'II'I), 6 (Un), 7.2
He...e'l Obllllltlon.) .nd 9 (~"'Ie or ~lItructlol'l) Ind '~Ctpt for· ø.NIII Cluud by.ny ne,lllfnt Ill' Intention,l .c~ IIr
OI'IIllIion II' L.uee, LU"'" tI'I1)loytls, 11,.Ipplter., IhlPf»re, çu.tomer" or tnvitetl, In 'Ij~Ich fVfnt lilt.. ehlll rlplir III
th rtlultinl dlll'll;I, I.ellor, .t lUlorl. uptn." .ubjlet to reiflb.¡r.emant pur&Ylnt '0 P'rllilr1ptl 4.2, .h,ll k.llp I" ;ood
condlt1on.nd r.ptlr the fOYndltione, e~lerÎor willi, .tructurll col'ldltlon of Interior be-.rln; willi, lro:t root of the
',"ildlnl, I' will II the CO!ImOn Ar.... II '¡j.ll II providIng thl ..rv!cII for whlell tllerl I. IIn Operltlnlil E.ptnte pvrlull'It to
Þlr1Ilrlpl14.Z. LII.or ,hill not, however, be oblflllted to plint the elllterlor or intll'rlor lurflCI of fltterior "llli. nor
.hlll LUIOf' ~ requirtd to /IIIlntlin, repllr or repllcl wlndowl, doorl or pl.te gll" of the Premilll. L...or ,hill 1'11'01. no
obllgltlon te IIIIk. repel,.. I.Inda'r thl. Parlllrtp/l '1',1 U"Itl\ I rUlon,ble fI.. Ift.r rec.ipt. of IIrttten notlc. ff'ot/I L..... of
~hl n.ed 'or Iycll 1'1"" 1". I...... I.pr...ly ".Ivu tile t)er.I,lu 0' IrTf sututl I'10W or h.r.lfter I" effect wIIlch would
cthlr"'" .fford l'.... the rl;l'It to mike r.pair. at L",or'l IICpen.. or to tlrmlnltl thtl L.... btcll,jn of L...or'l fellyre
to kll!.p tl'l. Preml... In 100.;1 order, conditIon or repair. L..lor .11111 not bel llllbla for dltnlg" or 1011 01 Iny k.lnd or
nltur. by r...en of I.ellor" fa!lur, to furn1Sh IIrviell te 11''\'f' þQrtlon of thl Carmon AI"" '¡jhll'l lueh fallurl I. CI¡Jled by
ICcfder.t, br,lkllile, rt' )Ilr., 'trOtt'l, lockout, or oth.r l.bor Clhturbtne.. or dl.pute. of .ny chlr.cter, or by .ny other
Cll,jill' beyond the re"ONIbll cc¡ntrot oi 1.'''01'.
7.2 1.1t,...'1 Obll.atlonl,
Co) lubJ.ct to th,e prevlallll'l' of Plrlgraph, 6 (Ute), 7.' (L...or'. ObI1..tlonll II'Id 9 CO.fllli' or Cutryetlon),
I I......, .t L....t'. 'Kpenll, .h.ll k..p In 100d ord.r, condition Ind rtp.ir the PrIlll1l.. Ind every ~rt there-ef (whet~er o~
.:' not the d...,ed po'"'' of tho ,..",... " tho ..." o. ....'''n. tho It.. .., .....""y " 'ltdHy ."...",. to ,...... ~
including Ijlthol.lt lI~1tinø the ,en.r.llty of ~he for'Ielng, ,It pl\oJlCinl, IIutlne, vt'ntllttlng .nd III' conditlonlro\il lyate-ms
: "c. 'IIhlCh "rve only the premllll í' ,"t" II ...., 1flf . 11 '1IIIl" oJ.,..., n, _, 111..1.. J .. __,.dltl~,,: \1iI
I," __'.OJ__ - _au, 11' îl1. , ~ .\'..- ~'T~" II I I. 111 r 'u 'I, .\.ttrlc.l.nd Ilglltl"'l heHiti.. II'd
eq...ipqent 'ljlth!n the Prtmi.... tlxturlll" Il'It,rlo~ w.ll..nd Int,rlor 'yrhces of .xterlor wII\I, u11Inl', wlndO't/I. døorl,
~,~ pllt. 1111", 1M .~ytl\ilht. loclted within th, ~r,",II". L.llor 1''''1''01.' tn, ri,¡'t to procur. Ind ",,¡"U1" the vent!lltinu
end III" cortditil)/"llng ly.t8ll\ "",inuMnc. Ct)ntre;t .ne! If t...or .0 .~.ct" L....e .h.ll rllrrbur.. L...or, yPIIl"I dlMMnd, '01" the
co.tthereol.
CO) If L..... hili to perform Lnn.', ab\llIlt10n. und.r thh P.r,graph r.z er tJndtr Iny otl'l.r Plrlllr.ph 01
tills ~e"e. Lener "",y Inhr ypon the Prernl". ,'tI~ t." (101 d'YI' prier wrltt." noticl to Leu" (except 1n tf'le "Ie of
.....rgency, in I ~lich no "otlce .hll\ be requIred) ~r'orrn '\lch oblfllltlO1'\I or, Lllue'l blhllf IInd po.¡t thl Prlmi,,1 In ¡ood:
ordtr, conditten Inefrlpelr, tnd tl'll coat therlo' tOllethtr wtth IMur.n tl'¡ereon It the mu1ft'U \ r.te tll.n .1l01olIlÞl. by tlW
Il'Ill\ be dl./Cl Ind pty,bl. II .ddtt!Ontl r.n~ to L...or toget~er 'ljitll L....el. neICt II" Rant I"ltlllmant.
(0) On the \.It dlY of the terlR II.rlof. or on Iny 1C0n.r tennil'lltlOl'l, l.U" l"'lll turr.l'd_r the PremÎlt'l to
L.llor In thlll ...,. col'ld.1tlon .. r.c.hld, ordll"llry Will' Ind h.r ellcopted, ct..n Ind Ir.. of d.br!.. Any dlml'" III"
dltlrjQrlcløn 01 tl'll Prl!lll,.. .h.ll I'IOt be deltllllCl ordinary wetr It'd till" If the ..ml could t.IVII' Þun prlvanud by IIOQd
l1\Iin~.nlnc. pr.etic... L'tlet Ihlll n )llr .ny qllllllll' to thl Prllllie.. oetlllontd by the in.tellltiQro er I'~II'OVI¡' 0' l.uee'¡
trld. flxturu, llteratlon., furnllhfnet Ind equipment. kot'llith.t.ndil"l8 .nythtn$l to tl'l' tent~ary other"i.. ,ut.d In thi,
L...., l..... '~III l...... the IiI' tlntl, þQ'ljer pan.l., .lletr!ç,1 t:llltrlbut1OO'1 .yltemt, IllIhting fixtures, IIMCI ~utlr., .ir
cendlt10nlnljl, p~~lnll .nd fencing on tne premlll' I" lIoed oper.tine condition.
1.' Alt.ratlons .nd Iddltlonl.
(I) L...... Ihlll not, wU¡'CII,It L,..orl, prior 'ljrftt,n con..nt IIIIk. Iny .IUrat!lII'1l, l~rQvementl, 'cId1tIOl'l" or
Utility ¡nat.\l,tloM 11'1. or aPout tilt' Preml..., .xce~t for nonltructurll .lteratlon, tr;l the ~rem!"1 not .;o¡cee<!ing $Z,500 in
Cl.IIUlulVe COlt. L..... .h~ll mak. no c"'an¡e or ,It.rttlon to t~, ,"torler of the Pr""1I,, nor the ."urlor of the 'lIlIqinl,
without 1....01"1 prigr 'ljrltt.n connnt. A. ultd In thla lIar'liIrlph 7.3 tht tll'rm "l.ItII Ity In..t,,¡llt!on" ,III¡I 11'II'1"1 ¡;;Irpetlnl,
\IIil"lc:lOiO Qonrl, nlll .11' l!ne.. 'power IMn.l., .¡.ctriclt dl.tr!blJtlo!'l .y'ten, \!lIhtln; flxt",rll, 'pICI heater., Ill'
cond!tionlnll, pl~lnlil and I,ncing, L"lor may reClvlr, thl~ Leuee remove Iny or 1\1 of IIld Ilt.rltlon., 1 q:¡rovemlfnt. ,
1I«¡¡tlons or Utility In.t.\\.t;OI"II .t the e)Cplr.tlon of the term, .nd r..tor. the Promi.... .nd thf Corrmon Arll' to their
prior condition. Lellor may raqutr. ~"Iell' te provld. LI..or, at L,,,"II '01. eoat Ind ..pen", , H.n Ind cOll'fllet;on bond
Inlf'l~ttqlJlltoOlî'lndO!"ll°htlft fIII.thecostofth.work. 0." _.~. ~"".,,_, ,.,~
'" ~ )
I W!l:\£ASTLA.(E.~T~ , /c2 '- If ,0
\,. ,. 012:2&8 ,
ì .
¡ '.
\ .....
.,.'-
---,-"-" ------- ..-.-.- _..,____.._____..______.______.·m_·_______
12/ß8/l'39'3 17:28 6.19-259-5558 J FRANK MAHONEY PAGE 07
,ddition, or Utility 1 "I'h~l.t'OM IoIlttu;,ut the prior .ppro....L of L...or, 1."'01' 1M"', It .ny t!IfII' ø...rlng the tlr". of t111,
Le..., rlql"in tlllt L..... rWlOve .ny or ,¡! Clf tl'll 111III.
cb) Anv Ilt.r.tlone, IlIJJrov"'*1U, addition. or Utility In,t,UUlon. tn or _bout thl Preml... thlt l..... ,11.11
dnlre to ""k, .nd wnlch rtoqLllrl' thl con.."t of the 1.'&1111' Ihllt 1M F'r...nh~ to L,..or In written foNII. wIth propo"d
d,t.lltd pltnl. If LI'lor ,htU I've lu con..nt, thl con..nt 'h,1l be dttlftt(t c:QI"ICIlttoneá upon Leu.t acquiring I perml' tll
do 10 fram ' : propr;.t. lo".rfV'llenul aø.nct", 'I'll furnl.hlng 0' . COFY tl'llrlof to L..,or prior to thl cCllllMnument o' thl
wqrk, and thl c~\"r'IC' by L..... of ILL cond'tlo~ of '11d pIIl'rnlt In. pr~t ,nd llIpodlttcU,IllMnMr.
(c) Lnu. Ih,ll p41Y when due III ¡;:l.I!!\I tor llba!' or IftIterlll, furnl,"fCI or .llID.a to Inv" boIIe" f~,.nl.hed to
or for l...n n or for uu In th~ preml'..'. wh1~ cl.'~ Ir, or IIIIY bet Itcured by 1"'1 ""Ch.nlçl. or II1It.rI.lfhM', Uen
I'~ '!iilllnlt the 'ro~rty. or .ny Intereet ther.!n. U.... Ihlll .IvI L...or not Ie.. tile"" tin (10) dlY'1 notice prIor to the
) r ~Clll'Ml'\Cement of erry lIork In the Pr~IIIt. end U..or ,hell hive the ri,ht to po.t mtlol' of nQl'\-rllfX!"IIbUlty In or on thl
¡;, ~;.._ '1'11II1..., or the lundlng.. provtchd by·il\!. If L,II.. .hlll. in ICIOd fe1th, CoMtlt thl VIUd~ty of Iny ,ur;:h !.fen. el,'m
t ,:' or d«Mnd, tl'lln 1,.'1'" .h.ll. .t Itl .0L. IIlpe"''' def.rId h..lf .nd L,"or 1llln.t thl ._ Ind .hlll PlY Ind utl.fy .II"IY
~-', .uch IdWrn Jvdi/lllnt thlt I!IIY 1M rlflOered tl'l.rlOl'l before the enforCll!llll"lt therlof ...inU th! l.euor. or thl Pro~rty, upon
~.... ...i' the cordltlon th.t If 1.11101' Ih.\l r~ir., L..... .h.ll furnl'/ to LI..or I lurlty bQnd ..t¡.factory to Lenor 1" In .~u"r
._ __- lquIl to one.t'Id on,-h.\f tlNI the lIIIOunt of l'.ICh cont..tedlhn cLllm or dlll\lnd Inclt!mlfylr¡" le..or .".Inn ¡I.bl\lty for
_: the lime Ind III COlt. of dlftn.. thlr.of Ind obt.ln1", the re\.." of .ny lien .nd hfil\dln¡ the Propel'ty frl' .rw:t h.rm1,"
~...' from the Itt.et of .ueh iii" or cllim. In .ddltlon. L'lIlIr 11II)' require Lenee \11 ply Le"or'l attorl"ltYI fl.1 Inc:I COIU in
PIIrtlclpetln; 11'1 ,uch 'otion If L.nor Ihlll ckc!d.e ft 11 In U"O~I. be.t !nter,n to c¡ o 10.
(d~ All altlretlone. l""rOVlll*r1tl, oIddltlon. It'Id Utility Inlt.llltlon. ('!dIlthlr or not IUljlh UtiUty
Iflltallltlon. constltutl trlGlI fixture¡ of !.ell"), whIch MY ~ I'IIIdI on thl "rem1.", 111.11 be tile proptrty of Llllor .nd
111111 rlll\lln '-$On .nd be ,urrlndlrlKl wltll th. Prlllll.., u the IXplrttlon of th. 1.1..1 urlll, unLt.. L.nor requlrll thllr
r~vll pl,jrlulnt to P,r.grl~ 1.!C.). Notl/ltllltlrldil'lll tl'll provlltonl of th ¡ 'Ir..rlptl1.3<d), LUllel. m.c~Inery.nd \
equtpment. othtr tll.n tlln which II .ffL..d to the pr..."lt.. .0 th.t tt IIIonnot be !'lIII'IOvlld wIthout rroet.r!'l dlllllg. to tl'll '
prtmll.. !;Ir the Building. .nd IIth.r thin UtIlity Inltlll'tlonl. Ih,U rl!!ll n tile pr09lrty of L,ulI Ira NY ~ rtmOvtd by
I.e..,. lubhct to th. provl.lonl of hn.rlph 7.~.
7.4 Utility AddHlona. 1....01' r...rv.. the rhht to In.tell n,w or .ddltlonel utility flcllitt.. throughout tll,
Pr...ì.n, the Bulld!n. Ind till COIIWIOI'I Ar... for tht benefit of L...or or L....., or Iny olh,r I..... of the lutldin;,
1neludlng. but I"IOt by W'Y of Ilmlt.tlon, .uch utlLlthl.. plLMI'Þlng, .llctrlc.1 ,yUIII'II, IIcl,lrlty 'ylten1l. conm,onieltion
IYlt_, and fire prllteet10n Ind dlhction IVlt""', 10 101"1; II lucll !nltlllltlor'11 00 not ur¡rellonlbly Interfere w1th In.,,e'.
1.111 of the Pr""I....
~. Inlur.nee· I ndemf tv.
e.' lIlbllity '".u,..ne. . L...... line, .11.11, It l.,..... 'lIpln.., obt.I" al"ld k..p I" force during th" tlrm
of thi. L.... I policy of Combined IInll. lImit lodny Injury ww;I "roptrt)' GI"",;e inlurlnClt In11urtn; LII... .nd Ullor
Ig.lnJt IIny Illb!llty 'I'tal". cut of tll. 1.1,., occ~p'ncV or Mlnt.nlne. IIf the Preml.., or the cOfl1'llOn Ar..., SI, CI\ In,urlnee
11I.li be In.n ~l.Int ~r occurl'fl'lCe IIhlc" I. not 1.11 thIn thlt llIIOI.I"It .hown 1'1 Plr.gr. :II\ 1(t). Th. pol1çy .hlll In,\(re
perfeMlllne. by lilli' of the Indeftr1Uy provl.lenl of tht. Plr,,,r.ph e. The l1mltl of IIId inlUrln!!1 ,h,ll net, however.
limit thl l1.b1l1ty of L..". herfl.Rter.
8.2 lhbILltv In.Uf'1I1"It:1 - L~..o,.. L.llor .1'1.11 qbt.!n tnCI k..p In forc. during the t.rm of thf, l.... . policy
of Catned II"gll I.f/lllt Igd ly Injury Ind "rDÞ'l'ty D_;e Inlurlne., IMur!nlj L."or. but r'lQt Le.'.., .g.Inlt Iny LI.b!llty
'1'1'11'1" out of thl olmlr.hfp, 1.1'1, occupancy or IIII.ll'Itln.ncl of the lulldtn¡ In In emount per aecurr,ncl \II1lc/, II not III.
than th.t IIIIOUI"It ahown ~n "r"gr.pñ Ht).
.,:r~~. 8.3 PrODl,.ty InIUran!!!!, I.enor Ihlll obt.,,, .1'Jd keep In forc, durin; tht term 01 thl, lll" . polley 111'
:. i pol1e!.. of In.urlne. covlrlnll 1111. or dMIIV' to tit. I>ramll" !~rllvementl, but not lll..". per'onll praperty. fillturll,
~..' eq...!~nt or t.n"'t hr~roV1lllllnu, In In IITIO\,Ir¡t not to e~cnd thl full r.,t)llcement v.lve tn.rlot, 81 thl u~ IMy e)\l,t from
i..'.'~ time to ttme, wIth aùch dcducHÞlt tt'ld Colnlurlne. 'f!IOl.I"Itl II l'"O" ,htll dltarminl, ~I'ovldln; Flrotactlon 1v,I~nlt .\\ ~ril.
~, .' tncludlC! wlt/, 1n thl ctlll!f!cttlon of fir., ellt,nd.d cov,rl;e. nr'!dtlllrn. m.ltc!OUI mllchl.f, flood (In thl .v.nt "1011I 111
t, ,1 raquirtd by. lendlr hlvll'lll 1 \fen on the Proptrty Iplchl elltlt"lded perlll (11'11 rllk", I' luch term II uud I.., tht ¡",ur.nce
.<- industry). pItt. II". '"'UI"I'IC!' and 'ijCh other lnaurlne. .1 Ullor dttml Mlvhlbll.
~!Ir.'
I.' h_tl-. of L...ol' frœs Lhbllltv. L..... hllr.by '11"" thet LI..ol' .h lll not bllli.bl. for InJul'Y to
L.....·. b.n1ne.. ar tiny lOI' of IflCOI'M. Llllor Ihltt !'lOt, eu:.pt when tll. dl/lll;. or In/urv iI I rllult of I.....or'. 111'0"
r1'IILill.I'\CI or willful IIIICOl"ldi)ct, h..... Iny Illbllltv for d.mllIl to tll. good., wlr.', mlrcllandi.. or otller property of
Leue,la or of l..."",. "",Loy..., Invtte.., cUltomlr., IiIr .ny oth.r per.on In or .bout the "rlllli,.., or UI. CÇIIm On Arell,
nor .11111 L.llor Doe ll.ble tor- InJ",ry to th" perlon of lll'l!!, lellee·. CIIJIloYI", agente or contr.ctor., wh.ther ....eh damage
or Injury" CIU,ed by or nlu(u from ftra, .nUll!, II.oti'lehy. ,... w.ter or 1'111"1. or trom tile brllk.;., lllkifle,
obttruction or other defectt of pip.., ,prlnklerl, win. .pp¡lln~fI, pll.llOfng. .i,. ~of"ldftlontnfl or 11"lItlnll ffxtur.. or from
'1"1'" other CIUII, whether lIid dl/lllD' or ~nJury r!!lulu from eanc Itlonl 11'1.11"\1I upor¡ thi Prl!ll'itll', er tll. (;0/11I'IO)'1 Are.. or Irom
other 10urCII or pl.~e. .nd refllrdllll of wI'Iether th. CIUII of .uch dll!II1I. er injury or the mel!'ll of r.petrlnfl the lime is
II"I.cc...tbtl to Leu.I. l...Of' III.n not be !llbl. for lOr 01flll,1I Irhln. from .ny .et or n.gleet of ."y oth.r llllne,
øcc'JØolnt or uee of th. II.I1!dfn¡ nor from th. hHure of Llllor to ,nfcrte the provlllon, of .ny lither III" of the Building.
8,5 In.ur.nee Potlcill. lnaurinee req.¡lrld h.rlul"PCltr Ih.ll bl1n cOl'l1>'nl1l hOldin". IIG.n.r.! "lIllcyholdlrl
IItfnll" of I ~lIlt I pll.l', or 'uch oth.r r.t1n, II IIIIIY be rtqufrld by . L,nder hlv!nll . 11.1"1 on the Prop4irty, .. ..t forth tn
t¡". molt curr~t I"ue of 1I...t'. In,urlnel Guldt,I' Lee... .11.11 I'IOt do or permit to bt dol'lt Inything which .hlll Inv.Lidltl
tll. In....,..nn poL1ci" c.rrllcl by L,.,or. L...e. Ih'H dtli'llr tII Lell!;lr eClpt.. of ll.bHlty \r1lur.nce polle!.. reqvlrlld
under P.rtlgreph fI.1 or c,rtlflc.t.. .vtdlMl..,,, the IIII.t.nel .~ MIfiIuntl IIf lueh In,ur.ne. wltlll.., liven (7) d.YI .ftel' tI"I
cOINI'IInelll'ltnt dati ef till. UIII_ 110 .ue!'I policy .h.U be cançellabl, or lubj.et to ro«.etton of çover',1 er eth.,.
modifleltlOl'l e~cept .ft.r thirty (3Q) d.y. prior wrttt.n nottCI to Le..or. L..... .h.ll, .t l...t thirty (30) diva prIor to
the uplretlOl'l of ,ueh pol lei.., fl,lrl'll.h L.nor wlt~ r,newIl1 or "bindlr," ther.of.
e.6 W.lv~r af SubroClltlon, l"....nd L...or ncll h.r.by r.l.ne .nd rlU'VI the other, .nd WltV' t~.tr entire
riBllt of recoVlry .;.Inlt th. ¡¡ther far lOll or d'l!MIg' .rlllng Out Clf or Incident to t~e perHI ;n.ur,d .".inat which par!l.
occur In, on or .bout thl prtll'llte., wtlother CIU. to the n~IU e!'\Ce of Ll:llor or Lellee or their .gentl. ~Ioyees, contr.ctors
Ind/or Ir¡vluel. L..,...nd LelJor .hlll. \/ )On obttinin" Che þOllct.. ef I".urenee requirld IIfve 1'Iotlc. to th, In.\Jrlnce
c.rl'l,r tlllt the for."olnQ fN.ItUIII 1111",1' !;If .ubrOll.tfon 11 CQntlln-' In t~t. LI'"'
1.7 ~. Le...e .11.\\ tndermlfy.nd hold lI.rml"l L...or frCl'll ,nd ."Inet Iny and ,II ctlimll .rfalnll from
le""'1 UII Of the 'remi.... or the ~armon Ar.... or from tll. conduot of LII..,I, butln... or from Iny Ictlvtty, work or
;, ;.$f" tll!ng. dMl, permUted o~ .uffered by l.,... In or lbout tht 'reml," or th. eOrrJ!!on Arl", or elnwher. Ind .hlLl further
~""11; Ind.omify Ind held "'rmle.. L.nar from ,nd ,g.lnlt Iny .nd III el.l"" .rr.lne from Iny brlle" or Cltf'\Jlt in the Øilrfo~,",ncl
,< of .ny obllg.t!Of'\ en L.....'. pert to be plrforrMC! und.r th. t.rm. of tilt. l...... or Ir111n; from 'r>y .et ar IIITII..ion of
¿ L'"", or .ny of LI""·' .,.nt., COI'Itrector', or ~\oyeel, .nd from ,rd .;.tnet .Il co.n, Ittor".y', het, eJlPen... .nd
I.. .........'" II.btlttlet lneul'l'td In the deftn.. of Iny 'uth cl.i llllr ,ny let!on or pr!;lcelKlin" brought therlon; Ind 1!" cue Iny IcttO'" or
f ........ "rccllcl'"' bt brought .,.Inlt 1.11101' by r,..ot'I of ,ny l\leh cl.tm, lell.e Upor'l f'IOtlc. from Llnor 1~.ll defend th. ....... ,~
;' _'^, lelllll. uperI.e by e01.l"l1l1 r"'OI"I.bLy IItllhctory tQ Ltner.nd I.Ulor Ih.Ll cool'fr.te 1I¡~h L..... In luch dehnu,
, ,~ L...... .. . ..t"I.1 ",,, of t~. ,"',.."..,'" to L...... ~.,.by ..".,.. ... ,"~ of d-2P""'''' of ".~... o~ :'"
1/'(\EAnLAICE.MTl j. I ~ - ( J ' ~
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12/88/1999 1 ì: 28 519-25'3-5558 J FRANK MAHONEY PAGE 08
. to per'~1 in, ¡. pcn or .bout th, prim'''' IMd thl C(IIIIIIDI"I Arlll, ,ncI .I.....hr. IIrl,tnt frOlll .ny nu.. ,nO L..... hlr_by
~4:;·. ....Iv.. 'II. c~.11!II In rtlpKt thereof ....'N~ L...or.
'I" ';;:: 9. D_n tit DHtrUl:tian.
¡' ',' 9.1 ß.flnltion.,
I.·. . :, ,., .__ ..",,, ._ .", _. " '" ._,_ '" .__ " ,,,_,, .. ,.. .... ..' ,.
',~- celt 01 rlP'llr II ,... th.... fifty :I4Ife.nt of thl tf' éI'I rlfltlCeMnt COlt of th, Prim!....
:: (b) IIPrllmt... fOt,1 D..truction" ,h.U 11II11"1 if t/'lt ~r,",'''' Ir. d....'1td or d..troyed tC» t/l' Ixtlnt thlt
t¡"1 COlt of rlpalr i. 1Hty pIItttnt ar mor. of tht thin npLICIIIIIl'lt CQ,t of thl PtWIII,".
(0) "Pr"",h.. II,IILcll1'III P.rthl DIIMOIII Ihlll mlln If tht l',Itldlng of ~'ch the Ptfll!ll... Irl . pe.rt II
d_wed or d..troyed to thl !¡{tent thlt t/ll CDlt to nþllr II I... th." f1Hy peretnt of thl tk.n repllcemtnt COlt of thl
luildll'\Cl.
Cd) IIPr...,t,n II.IILdll\Q TonL D'ltructlon'l 'hl\lllllltln 11 the lulLdll"ll of lilhlct'l thl Pr-.n!.., Ire I Plrt I.
dlll'illlled or lleltrovtd to the .xt.nt thlt the COlt of r.ptfr II fifty pll'Clnt or mort 01 tht th.., rlpLlclllllnt con of the
luUdln¡.
'I) ulnlured Lonl! ,haU ""'tn dlllll'f 01' dlltructlon which wu cowrlCl t;Iy In IVlnt I'equlr~ to be cov.red
by thl lr'\turll'lC, Qtlcr!t.cI In Plrllraph e, Tht flet th.t In t~urld LOll h.. I deductlblt tmQ'JI'It ,h,H not II'IIkl tMe Iou ,n
I.t'Iln.urtd to...
et) lI~eplleemtnt Celt" IhllllNlln thl lmount IIf mon.y McoII.ry to be .J)tl'lt in ordll' to 1"11'1;1' or
rewltd thl dtl'll8l1-' "1". to thl condition that u!ntå \rTmIdtln~y prIllI' to thl dllfl4lfll oeeurrln; l.c\ucIlnfl ILL IIIJIroYen'lenU
IIIId4I by l.......
9.2 PI'IIIII... Plrthl D_a.· '1'...11... lul ¡dinG Partial D_..,
(.) In.ured Llln! l\object tv the pl'o..,h1on. of Plr'lr.ph 9,4 and 9,', I' It .ny tl"", during tnl tlrm of
thl. LUte there II darMfle wh'cll II en tn.ured Lot. ,rid "hle~ t,ll, tnto the ;:l".ltlcltlon of Itth.r Prlll\i.... p.rtllL D,mlue
or "reml.u lulldlnfll Plrtlll DWlle. then Le"or 'h.l~, at Leltorl, a:IC Mn.., r'p'II' ,ueh dall'llU' to the Prlllli.... but not
LI.."" flxturll, equipment 01' tll'lltnt I""roy..-nt., I' loon "' r.ltenabLy po..IOI. Ind tl''¡, L.... .hIL\ contlnu. In fuLL
forCe.nclltf.ct,
(b) Unlnlurld Lon: li.ibhct to the prov(IIon. of Partlraphl 9.4 .nd 9.5, ff It .ny tllM during the tertn
of tllll L.... thlr. II d......'. whIch !. 110t 'M Inlurtel Lo.. .nd whIch falll wft"ln the cL..aU!eulon at Prim!... Part1a1
."'. OIIMlIII or Prilli'il... lulldtl'lll P.rtll! DII!IIIII'I!, \.IlL".. CIUled by. nellLlllent 01" IiIlllfu\ let of Le..ee (in """Ieh event Len"
I"" ,¡,.tl make the rep.lr. u L.....I. IX~I"I"), whlel'! dl""" prly.nte L..... from ulln" thl Prlml..., LillOI' Ny.t USlor'l
" option eIther (;) repllir luch dlNII' II '001"1 II rlllorllbly þOlllol. It lll,orl. III.penlt, In W1'11c¡' t\leM tilt, Lllle 11I",1\
t, continl.le ir'l fvll tore. Ind afhet, or <II> ,t..,. wrltt.n notice to L..," withIn thirty (30) elIY' ,fter the cI,te of the
.....'.' lIeeUrrll'lCI ot .uell d.mt'l! of L.uorl, Intention to c.nceL and termlnlte thl. Litle .. of the diu 0' the occurr.nc. of IUCt'I
.. .... dell\ll¡e. In tlu' .....nt LI..or .¡.ete to ,Iv. .ueM not'c, of Leltor" Intention to clnceL and terminate thl. Le..., Lene.
.halt hive the rl,ht wlthl" ten (10J claY' ,fter the ree.1pt of .uch notice to ¡In wrItten notIce to L...or of L.....·.
..i. Intentton to r.pelr lveh dIN" It L.....I.. 'KPI4'III, without rllrrbur...rntnt frf,llll LI..or, In whIch .v.nt thll Lit.. ,hiLI
.,' COf\tirve In full forcl Ind .fhct, Ind LI"II .h.1L prou..:j to IrMIke luth r.pe'rl I. lOon II r.uon.bly ponlbl.. If LI.."
dOl" not III..... luch notlc. wlthtn luch 10'dlY perlocl tnl. L.... .hlU " O-II'ICILI-' Ind tlr,"Inltwd II ot thl dtt. of the
occurrtne.ofluchdllllllll.
9.3 prem!ul Teul Olltruetion: Prllll.., lulLdlna fðUI D.ltruc.t!!:In.
CI) lubJect to the prov;IIDnI of hl'.,raptl. 9,4 .nd 9.5, If It Iny tlllll during tt'l. tlrm at thtl Le...
thlr. t. d"''''ie, whether or not It I. In Inl~l"ed LOU, ,nd which ',lll Into the cl...itlc,tlon. !;It either (1) prem'u, TotDI
OlltrLlCtton, or (II) Pl'cml.u luUding TouL Dutruc.tlOI'I, t,"-en Lellor m.y It L...ol"" optton lither cD repair .uch dlmeie or
d..t!'oJCtlon, but not L.....'. ft:ICfur." tql.ll~nt 01' hn.nt I~ro...lfl'ltntl. II ,001'1 .. re.tonlbly pollibl. It I..norl. exp.nse,
Ind tht. L.... 1/IIIL conttnue In fuLL torc. and .fhct, or (if) ,Iv, wrltt.n notlcl to L"'n 'oIithin thirty (30) d.y. .fter
the elite ot occurrtl'e' at .ucþ .rœ'i!e ot L...orll Intlntlon to Clnc:.L Ind tlrmlnlte tllll LillI, In which ua. thll Lei"
Ih.LL bj cancelled 'nd t.rmlr.uld.. ðf the dlte vf the occurrlnc:, of luch d.,.....;e,
9." DMIIIIU ~.." End of Tlrm,
(.) II.IOJlct to Parllgrllptl 9.4<b), If .t .ny ttme during the Lilt yell' of t¡'e t.rm of thh LIUI th.r. Ii
.ubltantl.l dIIlMgl, wt1lthlr or not an In.ured Lo.., wMeh fl~\' withIn the cL...lflc.tIQn of Prtmt"l '.rtill DIlIIIgI, or
prllllll,. Illlldlnl PI"tlll DlIMge, L.uor IIIIY It L.norl. o :ltlon ç,rn;el ,nd tlrmlnlt. thh L.... II of tn. dltl of oecurr.nce
0' luch dalNlgI by ,lylnll wrltt.n notlc. to L..... of L.llorl. IIKtton to do '0 wi~hln 30 dlYI .ft,r th. tI.te of occl,jrrence
1I'luçh~g"
(0' Notwtt".urdlne Plr.gr.p¡, 9.4(1), In th. .vent thlt L..... hll an option to II!lI.tlnd or r.new tllil
Len., .nd the ttlTll within wt1ieh uie option JIIIy be .xereiltel hIt not y.t 'I'.plrecl, I...... .h.IL u.rcl.. .ucll option, It it
h tCl be .x.relud It ILL, no Llur thin tttenty eZO) doy, .fur the oecurr.nce 0' .n In,ured LOll fillIng within thl
cl",!fIC:UlOn of Pl'lIIIf... p.rthl OI""le or Prll'lll". 'Il! ldlnll PlrU.l 0111II11' qur n; the l..t '1'111' of the term 01 this Leau.
If ~IIUt duly enrei... .ueh oøtlon during uld twenty (20) dlY period, 1.'1'01" .hlll, It l..,or'. expense, rlP.ir Iue!'!
dllM¡e, but not LIt"el, flxtur,., equl¡:ment 01' tenant IlI'fIrovlll'llllr¡tl, II .oon " r..,onIDly pouibl. Ind thll l.U' .hlll
conttr'IIA In tulL tore. Ind eff.ct. It L..... hli. to lII.rcl., .OC~ oøtlon eN!'!nll ..Id twenty (20) dll' Mrlod, th.n Lellor
!lilY .t LII.orll option termlnltt lreI clnc.1 thl. Lellle II 0' thl u:pirUlon of nld tw,nty (20) day period by i(v;nll written
notlc. to L...or of Lessor'l "Iactlon to do 10 wlth!n ur¡ nO) dlYs .ftlr the IIIp!rltlen of ..Id t\lenty (20) d.y period,
,to notwi tl\ltl~!ng eny term of provlllon In the IIrlnt of optfon to thll contrlry.
~. ,~;
f ", 9,5 Abltlmlnt of I..,t· l.....I. Rlmedlll.
~'
~', ~: (I) In the ,vlnt L...or repelI'I or I'll tor.. the '1"11II1... purly.nt to t". pro...i,IOI'\I of tM. P.ragrlph 9,
;" the rtnt pay,Qle hlr.under tor tha Þlrloc:l durlne \oIhh:h .uch d.mag., r'pall' or rlltorltlQf'1 continulI Ih.ll bra 'IHted in
''"'~ proportIon to the d'lIr.a to which l.....'. \/II, at tll. 'reml... II I.lrtcl. hClpt for Iblt"",nt of rent, it 'I'\Y, LIIIII
.,' .h.ll h..... no clllm 1,.lnlt L'uol' 'or .ny dlll'Wlge .uff.rld by 1',1'0" of ony luch dl"..;e, denructton, rep.!r or rll!ltClrltlol'1.
(c) ,f UnoI' Ih.ll be obllg.ted to rlp.alr or rlttor, tn. PI'I!I'II.., under th. proYttlon. of thl.
Parl¡rlp¡, 9 end ,h.1l not conmencl IUC~ rep,!r or r.uoratlon within n{nlty (90) dlY' ahlr .ue,"- oclill.tlon 1'"-.11 Iccrue,
I...tee may .t I.anee'. optIon canc'l II'd tlrm!nlte tM. Lee.. by lIivlng Lellor writt.n notice at LII'"" ,ltctlon to do 10
It Iny till'li prior to the cClll'll'li.nctmtnt of I~h r'p'1 I' 01' rutor.tlon. In 'uch Iv.nt thl. Leue Ihl~ I termln.te "' of t!'!, date
of such natlç..
@'"
W~\EASTLAKE.Mn c / d- -- I ¿ .
D1¡m 7
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12,8E/1339 17:28
519-259-5558
J FRANK MAHONEY
PAGE 09
9.6 TI!I"IlIlnetlllrl. Adv''';1 P._MI. Uporl Ur-mlNltlon Of tl'lh L.... pur.laM to t~h plrlgraph 9, In eqvlt.b~e
aoJuttJl'l$r'\t .nlll be !111M c:ooctrn1"g IdVlnct I'tnt .rd ."y PI!'K:I pt)'!l'AtnU lftIde by L.llee to Lell~r. 1,.11'01" ,11,11, In
.dditll),"l, return to ~I!I"" 10 IlIJC.h o.f I....ee', ..c:urlty depotlt II h.. not th....tofor. bttn applled by ll.,or,
9.7 ~. Le.,or and L..... Wlf.,. tht prcwlllonl of II"tY ,tatut, II1lch ralate tD tlrlllll'lltlon of lun. Wllln
lened pr~rty 11 tle,troyed and 111"" tllllt such event ,hill b. loverMd by till urlM of filII L.....
10. t..l Pra_rtv TIII:".
10.1 hvment D' Tlxea. L...or Ih.U plI)' thl "..l property 'lA, II defined ~n Plrlarl!3h \0.3 Ippllc,.bLtI to the
PrDpertv lubject to rlln*lurllmel"tt l:ly "''''1 of L.....'. Ih,rl of lueh tUII In Iccordlncl with tht proviilonl of paraaraph
'.2:, ....ClPt II othtrwlu pr~ided 1n p_rl,rlptl 10.1.
10,Z AdditianlL IIllJI'OYIlI'lII"lU. Lc.lle ,hill not bll! relpol'lllbll for plylnsl lll.IIII Ihlr. of Iny incre... In r.,\
property UII. lpeclfl" In t~, UX I.Ullor'. rloordl .rod worll: ,h..tl .. belnt c::.w,1d by IddltJOML l""rovtme"U pllct<! upon
the Prel)trty by other l.I.... er by 1."'01' for thl Illcl\lll'lt ."jo)'llllftt of ,yeti othlr ItllftS. U.... IhILI. howe....r. pey to
Lluer It the time thlt Cplntine bptt'llel '1'1 PlYlal. I.tICIIr p."llIrlpl'l 4.2(e) the .ntl"lty of 1fT( inere... in rel~ property
U.l If ,,,"11d tCllely by 1""01"1 elf aOdltloi'1Clll ,,,,,,royllI'lInu pllced upon thl Pl'lIllilee by I...... or It Lettee" raqu'lt.
10.3 c.fll\ltlen rl' "Ulll Pr_"tv Yo.." A. Vlld h.r.ln. the U1'fII "r,ll property tl""" Ihlll IIIIln Ind inclL.l(k, IIll
those ""ttlrl without 1llIIlt.tlon lltIlch In bILled tCl owner. of r..L property by thl COl.I1ty ....nor on relt property till:
billl .. thl 11l1li I1IIY chln;e fr~ tllll to time, including but I"IOt IllfItttcl tCllny fol"lll of relL eUetl tlX or ,"e..ment, end
Iny Ilc.nu f.., CCIllTIIercilL rental till. Iro'l rltGelpt' t..... imprlJV""""t bond "UIM'lInU or peymentt. cHi\l.lopment illplct
feC!., II'd .ny othlr levy or t.x (othll' thin Im,rit.ne., per,oMI il'tCCI!Ie Clr "tlte UK") Iq:KIsed on the Property or Igllnst
.ny l'llIL or equittble inure.t Clf l.IIClr In th. pr'~rty Clr 8,8f""t L"lOr'" ri,ht to r.nt or other' Income th.r.from, or
nlin.t Le"l;Ir'l blJS!"'" of leull1l the luHdl1"lll 01' oth.rwlle ownlnll tll. prcpel'ty.
't,.
I::
!-, /
,
,
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'0.4 Joint '"e"!lWnt. If tht Property i. not llpar.tlly .....Itd, \'el.ee'l 11'1."1 of the rill prQperty U)l ,
li.billty .tI.~1 be.r'l tql.Iitlble proportion of ttl. rtll property h.IIl' for ,Il of ttlt l.nd and l""l'ov..,...n" IN:luded li/lthu\
the till pl.rl"~ I..elleel. .uch proportIon to l)e de-hmlned by L...or frOlll the relpecti'll Vllultlan. ...illnecl in the ......01'1.
wark .h.ltA or IUCtl othlr ;n'or!llltlon.. INIY be r"IONIbly ,vlllIClll. Llllor'a rlllon.bl. determinetlon ttl.rlof, ln goccl
hlth. ahlll be eClf'lCtuaive.
10.5 Per.enal Prol:llrtv T.......
e,) L..... ItI,11 ~y prIor to dlllnqutl'lClY ILl tu.. ......Itd .lIllntt Ind l....11Id upon trlde tiJllitl.frel,
furnhhing.. ~ul~nt ,nd III othtr perlontl property l:If Le.... contllned 11'1 the Pr-.nll.. or .\eewhere. Wher\ pclllbl..
LaauI 'hill CI\l11 ..Id trtell flnurll, '",rn;.II;l"IlIl. equllll'ler'lt Ind III oth.r ptraon.tl prQgerty to be ".."eel Inc::I billed
aePllrlltely frOlll thl r..l property of L...or.
(b) If .ny 0' l,,,,,'1 ..1d IMrlOl'lll prl:lperty ,hIlt tMr ......td with Llllor'l rilL property, le.".
.hlll pty to L...O~ thl taul Ittrlbl.lUblt to Le.lee ll'lthln tC!l'l nD) d.ys Ift.r. receipt of I wrlthn ItllterlW!r\t IIttlng
forth the tu.. .ppliclbl. to Lel....I. property.
11. 1lU1.U.!.!!.. Le.11II Ihall ply for III wlt.r. 'II, helt. liiltlt, power, t.lephQl'\llll al'd oUI.r utlLltie. Ind IIrv;cn
suppllad to the Premls.., to,.ther wlt~ Iny t.J... t~enon. If .ny 'I.ICI'I nr\llcel ere rIOt leparately IIIlItlree to the Prell'll.e.,
llsuft sh.ll pey It 1..5101"1. option, lith.r Lu..... Ihare or . reUCI!'IIIble proportion to be d.t.rmlnlld by Lenor I;If 11\
c~erll" Jointly ..t.red Illth othlr prlllll... In t~. lulldirll.
12. Asalll~nt II'd subl.ftlna,
12.1 Leslortl e~.t!nt haulred. Le..ee .hlll not yelUrlurlly or by operation of lall ...1111"1, trlnlfer, mortlllllle.
ftubl.t. or othlr.,.f.. tran.r.r or ancf.ll\blr .ll Dr .ny part or L....... int.rllt in the Lelle or In the PrlfllhH, without
LIUClr" prior wrlttln conl.....t. wt\lch L,"or .hlll Mt "",re..on.l:lly withhOld. Le"or ,hill ral~l"Id to L.....I. rlq'Jllt for
eonsent hereunder in 1 tirMLy ""mer Ind eny Itt~ted ...lltlMflt, tr.r'llf.r, II'IOrt"',,I, enellltlrlN:e or slJb\ettinl wit"out ,uth
consent ,hili be void. .nd .h.ll conItltute . bnllKlh Of thh l.... without ttl. neld for notic. to l....e under P.r.'~lIpl1
13.1.
12.2 LIUI. .ffll1lt1. NotwW,.tlndll'lSl the provlllon. of 'er.,raph 12.1 hereof. Leltee I1IIY ...i"n or .l.A;I\et the
prtfl\l... Dr any ~rtlon thareof. without Llllor'l conelnt. to .ny corporttlon which eontrol., i. controlled by or 11 under
cQlm'(ln control with Lellee. or to el"l)' cor~rltlon r..uLth" frOlll th. ",*rller or cOl'llolldttlOl'l with L...el, Dr to eny perlon or
entity which Icqull'lI III tha ....u of LIUH II . ,011"1, eonclrn of thl uln... that I. baing cordueted on the PrlMl'....
all of wll;eh Ire rlf.rrlld to.. "l..... "'fllllt',4I provided th.t before .uc:h ...ill'lllent ,hLl M .ffectlve ufd ...illn..
sh.l\ .UI,Ille. in fulL, the ~LII.tion. of Le...e under thl, L..... Any.uctl ...18r'1lT11nt .1'1,11 not, In 'I'IY li/.y, .ff.ct or
limit the liabIlity Of uu,e l.rder thl!! tel'''' of thll L.... aye,.. If Ift.r such a'llll!'lllllf'lt or .\blettlng tha terN of this
Lu" 11" mttlri.Lly ehanvtd Clr .Lur..:!. wlthOlJt thl con..nt of L...... the con..nt of wIIOf1t II'1ILL not be nece...ry.
,
*\.!
12.] T.rlfll Inc::I ~Oncllt'onl of "nlal"llllnt. le,.rdL..t of Lenor'. content, no ,.Iilment .hllL re(ell" Lellee- of
Lelsee'l oclillltion. kerel.rder or elter tkll priMfY l11billty of lellle '1;1 ply the 'nil ~ent Ind Lellec'. Shire of Operltll'l\l
fllpl!nnl, end to perform III othll!r ~lhJltIOl"l' to be performed by LeU" h.ret.n:ler. Lellor may Iccept rent from II'IY perlon
ottlt!r thin Lellel!! pendlnll Ipprovll Qr 1l!'lpprClV'\ of 'lICh ...Igr-.nent. N,,!ttl_r" de\ay i" thl!! .pprOVII or dlllpprovll of luetl
IU!~!"l'TIInt r'IOr the Iceept~nce of rlnt .",11 c\mItltvtt a WfIlvel" or l!~tOWt\ of Le..or', rl,Ilt to C!;JI;ercr" lu rl!ll\ll!dlee fo~
the brll!leh of any of the tll"lll5 or eoncfitlonl of thl. '.rl,r.ptI 12 or thit L.n.. Conllnt to 0111 IlIlSlNNtnt .h.1t not be
deemed con'ef'\t to I"y .~..que!'lt 11I11I1'IIIllnt. In thl Ivent of d.huLt by .ny IlIilll'''' of lll." Dr .ny luee.IIClr of l""'I,
in the performance I;If .ny of the terrra "ereof. Lellor lilY proc.ed directly .glltl.t I...... ",ittlO\tt the Mee..ity of Illh.Ultina
remedin aglin.t lIid ."illnee. Lenor IIIIY CI;IMent to 1...c.llquent I..hfrlllel'lt. of thi. Le..e Dr lmerd'nenu or modifieat;on. to
thh LUll' \tilth .nlgneea of LelSee, \tItthout notifying Ln,ee. or 1"1 luceellor I;If Ullee, .rd wIthout obta!nlng Its I;Ir their
eonsent thereto Ind such .etion ,hall net r.lllve l..... of If'billty under ,hi. LII.e.
12.4 Terllll Inc::I /:ondltlCll"oI "collelbl. to $1Allettina. hglrdl... of Llllor'. eCll"ount, tn. foLLowlnll urllll.nd
cendltlDrlI Ihall .pply to 'rI'f ,ublettlnll by Le..eC! of III or Iny pert of the "rmlna .t'd ,hall be included in Il.tllelle..
ell Lenee hereby I..lunl end trlnlflra to Lellol' Itt of L.....I. Inur.1t In III r.ntlLs and IncDIllI
arising frOlll Iny Iwl.... h.,..to'Clre or hl,,"'hr fI'llId. by l...... and L.IBor IIIIIY l;:ollel;:t "ych rent and TI'lCOIIlC and llF'Ply './!II
toward luu.'1 obllg.tTo", Ul'\der ttllt LeuI'; pro...lde<l, however, tl'1at l.lI'\til . deflult IhlLL occur In thl perforl!\lncl of
leuee" obllliletlone under thl. L..... les... mtV r.c.iw, I:otl.ct Ind .nSoy th. rentl .eC'rufnlllllder .uch .ubl,.StI. \,.l!!llSor
"h.ll not, by renon of tl'1i. or Iny ottl.r ...I'l'IIIInt of .veh .ubl.... to L"'cr nor by rC!lIon of ttle eo(leetlon Of til. rlntl
fr0l11 Iwbtlltse;, be deemecf Ihbll to the aubl,.". for any hlll.lr, Gf ~..u. to ptrform.1'lC:I c:orrply with ,nJl of L...."t
obUvatfonl to '>Jeh .ublellee unOer .uch lubLelle. Lenle h.r.by Irrlvoclb\y luthorJr.1l .nd dlr.ct. er\Y .ueh lublan.l. upon
rlcelpt of I wrlttl!!M notlc. from \,.eUQr .ttitln, thlt . default e...i.b In the perforl!llnca of L.....lI obllgltlClnl uncl..r ttlls
l..n. to ~y to ",..or the renb due .nd to becane due \Ide,. the sublt'". \...... 1,1'''' th.t such lubtltu. Ihlt I hflVe tn.
~illht to rely upon lroy lueh It.tMlnt ..nd req,Jllt from l"lor, .rd th.t Iuc=h .~l..ue .hlIL ~Y .uch r.nt. to L.uo,. ll'lthout
.ny obl1g.tlol'l Clr right to irlqulr. II to whetl'1.r luch dehult e~l.t. end not",it"Itlncling Iny notice from or ellirn from lnne
to the eOMrlry. Lei'" IlIett hlw no right or Cllllll .,llnlt lueh liAll..... or L.nor for .ny luch "*I'IU 10 plfd by ..Id
.ublence to Lenor.
WK\USTLAKE.MT2
072288
/d--( 7
a
12/08/1999 17:28
619-259-5558
J FRANK MAHONEY
PAGE 10
(b) No .~~.... entertcl 11'1'to IW \,..... .n.U t. IfflCtlVI un(,.. Ira \.I"l'CH It n.. been .ppraved in
wrltffll by U"tlr, In enarfl'lCl fnto.rr; .ubl...., L..n. .hll~ lit. onty tveh forlll of .l,jbl.....s h ..tl.ftctary to l.nar,
end onet Ippravtd by L...or, tuch .ub(.... .hlll not be ehlnled or modlfltd wfthout LlllOrl. prlo~ wrhten conuM, Any
.ub(..... 111.1 I, by r...on of .nurlnl Inta I siAlle..e under thl. \.II.... bti cMeIM'd, for the btrl.flt of L...o,r, to hlv,
I"~ I!"ld .gr..d to cCll"lforlll .nd c"""ly wHh ..eh end I....ry ObHgulon h.r.ln to be perfcrllle<l by l..... (lth.r thin .ut'h
ob-lIl1tlon. .. .r. contrery to or incOl'lalaUnt wUIl pl'o,...1.tafll cClI"ltl{Md in I lubl.... to which L...or 1'111 expr.uly
Ctl/'l..nttd In wrftll"tQ.
(c) tf U.... .~l.ae.. the Prllllll" or 1f'Tl' jart of It or ...t,nt I"'" cf lu r,,,hU ~r tltl. L.... lrl
and 'Co the Prlml.... IL\ r.nts ptld ~ the l\bl....1I lOr ...11"" whlclt tre In 'lIieen of the MIl)Ul'lt of R.nt th.n paYlbl. by
I....u l<<'oder tl'll. Lute .".U be the proptrty of find ."'.It 0.. P'ifd to ll..or. Any Itt~t on the part of l..... to .nur
into. .ub-Iu" or ...I,,""nt wht;h do.. not provide for the ptyment of ..Ilct.. rent to Ltllor .hln be deemed to be .
rntterl.l bruch of tl'l\. L..... rh. ptrti.. .cknowlld,. t.hl'( 'Ch. provl.,on. of thi. ptr.gl"'ph .re I mtt.ert.L Induc:ement fo~
~~ngr" eller::l.Itign g' t"'s ~enl Ind ttllt ~'..n 1'1.. repr"."'ed Ind Wtr-rtnted '''It 1tt tole purpo.e for enterIng Into ~~l.
Lent 1. to cbtlln po.....IOl'l of tk. 'rlllli... Ind not to ,.n".t.. r.ven~1 from the ~n.lno or 'ubl...1nl of 'fly conmercl,1
~.ntlL 'pIIe. of ."y n.t\Jr..
t'
; "
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, "
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~~;'
(d) If 1......... ob(l"tlant f,f'll;Ier t~l. L.... 1'1..... ..n IUlr.nt..td by third ptl'tl... tll.n I .ubL..... '1'lCl
Lellor'. content t.h.rlt.a. .hlll not. bI .ff.ct.lv, ...,t... ..Id lIl~rtntol'l lIll.,. ~tI.\r wrltt..n conllnT to .uoh .~l.tI. II'tl:I tl'l.
t..rllll thtrtof.
(I)
primary 1l.bUlty af
IJI'll;SeI' tl'll, L.....
Th. content by L...or tel .ny .wb\lIttll'lfl t".n I'IOt r.I...t Lt.... frOl1l Ita obLll.tlont or I(tel' tile
L..... to P-y tn. r.nt.1ld p'rforrn and cWly with .L~ of thl C)b(lgatlon. of Lell" t.o be perfo!'ll'led
(1) Th. content by L.uol' to any ...\gl"llllf"lt ar a~,.ttl", .hlll not Conltlt\Jtt a con.tn~ to 1f'Tl'
.ubaequent ...lg!'1lllnt or .ubl.ttll"l11 by lellee or tc .ny .1I1'mlInt ar .utIl.ttlng by the .ubl".... IIcwtnr. Lenor !ll&Y
eo,,'~nt t.o .ubuquent .ub~.ttlnll' .I'd u.l;rflIInt, of tl'll .iklene or lnY .me~nt. or modlflntlonl thtrlta without
I'IOttfyll'l; Lutell' or .nyone .(11 (i,bl. on t~1 LI'" or .ublelle.nd wlthOl.t~ obt.inine tlllir con..nt.nd .uc:h .etlon .n.lt not
r.ll..... ,ullh !)traO"1 frOfll ll.blll\y.
(U I" th. .....nt. of tny dlhult. UI'ld4:r t.lllt In.., Leuer mty proc.ed dirtctly II.tn.t 1........ Il'lY
lu.r.Mort or Iny ~ .lll r..pon.lb\. ior the perforllllnn of thl. l..... fncludlng the .ubl...... wlthaut flrlt .ld'l.ultln;
L.uor'. rtll'!t'dl.. .,.IMt any oth.r per.on or 1tI'i\,1~)' '..pon.IDI. t~.r"or \'0 L,,,ol". 01" any ..curlty h.ld by llt.or or
LIf.....
(/'I) In t.h. .ytn~ lit". .n,ll dtflult In the perforlMnc:. of tt. Qbl1llltlOI"l' under tnl. L..te. Lee.or, .t
It. option.nd wlttlO\,/t 'ny oblll.tlon to do 10. Il'IY rtqul~e Iny .ub~"n. to Ittorn to l...or, In which tV'l"It Lellor 11I.(l
undert.k. th. oblt;.tlon. of le...a \.rd.r .ucn .ubt.... frCllll tne tllM of t.tlt ...rol.. of .tld o~t!on to t.h. termln.tlon of
.ucll IIJb('"te, provided. now.....,. l...or .h.l( not blI LI.bl. for eny ~r.plild rent. or .ecur\ty d.pa.lt paid by .uch .l.Ible..ee
to L..... or for .ny Oth'l" prior def.ulU of Lellee unci.r .uch .ubl.....
(I) E.acn Ind .very COl".I~t raqulrllCl of L..... under I .ubl.... .h.ll .(10 raqulr. the con..nt of L.nor.
(lJ NO .\bl..... or IlIallntt .hlll 'urth.r '''111'1 or a\A)t.t .l( 01" en)' pert of th. "rt'llll... without
LI..or'. prlar wrltttf1 tan.~t.
lk) Lee.or'l wrltt.n conllnt to.n)' .ub(ttt.lng of t.h. premlle' by L..... .1I.ll nct con.titute./"I
.cknollltd._nt t.h.t no dthu(t t.1l'r'! txllt. und.r thl. Lu.. of till obllglttOl\' t.o be pedormtd by L..... nor .h.1t 'uch
CON'l'lt \)to cle~ . w.lv.r of Iny then '.Illltln, d.f,lIlt, tllicept a. IIIIY be oth.rwln tt.ted by L...or It t.ha tlmt.
0) IIUh r..pect to tny lubt.ttlnQ to which L...or h.. con.ented, Lellor IlIrll. t.o detl....r . copy of .ny
notlc. of d.hult by L..... to the .uble'..e, luell .ubL..... ,"'.11 hn. the rl,ht. to en..r.. dehult of L..... wtthin un
(\0) dlY. Ifter "r...ie. of uld I'IOt.II:" 0' d.hult upon .ueh .ubl...... .nd the .lIb(..... .1I.ll hi.... . r1Qht of r.intlur'tment
Ir.;I off..t '1"0lII and 11I,In.t LUll' for Iny .uc:h dtftlllt, cured try t.hl ,ubL.net.
.'..
,.",
12.5 ~ttorne..." 'eet, In ttl. .....nt LeU.e .hlll .nlgn or .ublet. the Prlllli", or request the' connnt of ll..or
to .ny ...iilrmcnt or .ubtett.lnll or I' L..... .hlll rfqueat the content 0' L...or for Iny .et Le..ee propo... to do then
Leu.. .h.ll ply L.nol"l. r...ontbl. .uorneYI 1&" Incurred in crHInlotlon t.h.r.with. .ucn .ttorneys ,... not to '.Ilcelld
5500.00 for ..en luch r~..t.
13. D.hult.: Itlll!llldllla.
.G'
13.1 Q.I1I!J.1J.. The occurr,nc. o'.ny one or IflCIr. of tMI fOllow1ng event, .h.ll eon.titut. I met..rllll d.hult of
thl. L.... by L.....~
(,) The ....e.tlnt or .btndOl'N'nt of the Premlte. by I.......
(b) The fallur. by Lellee to IIIIk. any pt)"llltnt. 0' rent. or .ny oth.r payment reQuIred h be IIIId. by Lun,
h.r,under, II .ncl wnen du.. whir. luch ftllun .hal \ cont.lnue for a ptrled of thr.. (3) dlY' If tel' '!Irltt." notice tn.r.of
frOlll Le..or to l.uee. In thl ....."t thet l.lIor ..r...ed l"'" with . ~otlc. to P,y Rent or crult pur.u.nt to IFlP\lc.ble
Unl.wful D.tllMI' .tltUt... IUCh ~otlc. to p.y ~e"t or Quit .h.\( elto can.t.ltut. t./lt ~tlcl!' roqutrlel by thl. lubpllra;reph.
(e) ElIlc.pt II oth.rwl.. pl"o...idtd Il'l thh Leu,", tilt "'liur. by L..... to ol:lurve or perform any of tl1e
COv.n.nt.. cOl"dltian. or provl.lon. of thl. ~.." to tle oburvtd or pcrfol"rntd by L."n, oth.r thIn de.cribed in Subplr.grapt1
~b) IbI:lvI. wh.r. lucn ftHl.lr. .".ll continutt for, period of tlllrty (30) dlY, Ifur wrltt.n notice tn,reo' frOlll L.,.Qr to
Lute'l pro...ldtd, now.v.r. th.t If L...or r..eO(l.bly aU"IlI1n.. t.h.t tn. n.tyre of ~..."I. "OI'lcOfl'9\hnc. I. ,ueh thlt
.oditlOl'lel tllM ,. r~\,llrtd t.o c~~.t. IYcI'I curl. Ltnor ""y ..t.l:l(i'h ,ddlt.lonll tlllllt In which L..... .h.tl c~l.t. tn.
cur. of .uch bruch. To thl .ltt.ltl'it pIlrffllUed by IIW, '\J(:h thtrty (30) d.y not!c. l"lll COn.titutt tll. .oLe .rd ."'clu.I....
notlc. raqutrtd t.o 1M II...." to L"," under 1""lIclbLe 1Jrl(.wful Du,'",r tt.t.utcs.
(d) CO Th. !Ukl"; by Leu" of tny lI.n.r.( .rr.ng__nt Or lI.n.rll ...tll'tllent. for the bln.flt of
creditor.; (Ii) t.eue beCOllll. . "6tbtor" ,. d.fhud I" " u.s.c, '101 or In..,. ItI,lCCellor .t,tute thereto (......1.... tn the cue
of . Fl"tltlon 'Hid all.lnlt Le...., tile lime il dl_mtned within .I.Ilty (60) deys: (Ill) the Ippolntll'lllnt of I tru.t... or
r.c.iv.r to tlk. po.....lon of .l.Ibua"tltLly .1\ of LltU," ....t. l~clttd.t th. ~r.rnf... or 0' ~I"eel. intttr..t In tnl.
L..", wllere po.....lon I. not r..tartcl to L..... wlt.hln thirty UOj OtYI; or (III) thl .ttlchllllnt. tlCtcl.It.ion or other
judicl.( .,Icun ;If ,ub.t.antl,L(y .t( of Ln...', I..ett locltlel .t thtt Prtllll... or of L.....'. t~hr..t in t.ht, I..... whir.
.uch ..izurl \t not dllClIll'atd wlthtn !llltty (3C) clIYI. In thl 1"'l'It th.t .ny p"~"I.11)n d tnl. lJer,gr.~ 13.1(d) I. '
cor,trary to Iny .ppllclbl. l.~. .uch ~ro"1tlllr'l .h.ll bI of no forn or tffecL
(0)
L"...., .ny.iobUn.nt
1lIII~.rielly fellll.
Th. dl,covll'ry by l...or that InY fir'!ancl.t st.ltll!llnt vi...en to LIlII.or by L....., any ...ign.. at
.. ".... - -,.. '",......, .. :..... .. ~~'~..;;......, .,,,...,, ~
il~"
r "i;
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~t
\n:\EAITLAKE.MTZ
onzaa
12í0Sl199S 17:28 619-259-5558 J FRANK MAHONEV PAGE 11
13.2!.1!!11:!t11!. In the .v.nt of.ny 'loICh Nt,rllll cMf,ult by l...... l...or....y.t M"IY time th,r..lt.r. with or
wIthout notlc. or den-.nc:I .nd without ~Imltlnt l...or In th, ""reI.. of .".,. ri;M or r""" whloh ~"lQr IIIIIY n,". by r...~
of luch .'IU~ tt
(I) hrmlnat. u....'. rllht to po....lton of th, ,r.t... by Iny l.wful .If\t, 1n which c... tIll, lun
.nd the t.rm nerlllf ,hill UMfllnlt. .ncIl...... .hlU 11IMd11U\Y .urr..r poll...len of the '1'",,1.., to L...or. In I\,/Cn
"mt Le..or .hll bt entUltd to rlcowr 11'011I L..... .ll dMltg.. 1ncurrlCi by l"I"r by rtllon of l.....·I ~f.u\t Incl~lng,
þ,¡t ¡'lOt l1mltecl to, th, co.t of raco".r1ng pet.....IMO' the pr«1ll...; 'lIpenn. of r.l.ttlne ItI(:\udln; nee....ry rono".tlon
.M .Iuruion of the prllnin., rellonable Ittorneyl. h.l. II"G Iny r..t nUt&' cOllllllnton .t:t\.lllly ~Id; the worth .t t~e
I tlllMt of IWlrd by the court h.vl". Jurlldtctlon tl'lertof Of thl M'IOUI"It by whIch the ur,;MIld rent for the bI~lnc. of the tltrm
.fter the time of lueh .....rd exceed. tne em:n, 'It of such r.nul 10.. for the lime period thet leue. prov.. cOI,jld tM
re"onlbly I."clded; th.t portion of the l...l,nll comluton paid by l...ar pur.u.nt to Plrlllrlph l' .ppllc'bl' to thl
U"IIx!,lnd tlrm of tl\l.. L.....
l .' (b) lII.fnuln LII.II'I right tEl poII.,llon In ~Ieh c... thh L.... ,hll~ cont11'M.11 in "fact whlthlr or
~ ,. not L..... ,h.ll h.v. Vlcated ar .bandanecl the PrIlMI.... In IUCI'I .v.nt l...or .hll\ be enttt\1d to ~farce.U af lellor'.
rl,,!'Ite tI"d rtrM<t1.. I,I!'II'; lr tl'lll 1"..... 1nc:llAltnt ttl. rlllllt to r.co".r the r.nt I' it M~_' U hlr.loII'1d.r.
'ir., (C) pur.I, ' In)' other rtmlCb' Mill or h,rl.nlr ,v'lI.blt to \'1..01' under tht ll"'" or Judlçlll dtçtaton. of
thl St.t. of c.IUornll. UI'\P4IICI In.t.ttlflll1t1 of r.nt.nd othlr 1oIIpI1~ mor,.tery obllgat101"!1 of L..... I,nder the t.1"IIII of thl.
L.... .h.n bell' Intlrllt from the dati due It the IIII)lIIIUII rltl th.n .lloWlbl. by L.w.
11.3 Dlflultbvl...or. L."or .hlll not tit In default IIIl... "...or faU, to perfor ll obl1g.tton. r~Ired of
Le..or whhln . rl..onebl. ttrl.. but 1M no .....nt I.t.r th.n thIrty (30) day. .ft.r wrltun !"Iotle. bV L.,eee ta lellor .nd to
the holder 0' ""IV 11 r.t /IIOrtlltg, (II' deed (I' trIJ.t cov.rlng the praml... who.. ntM .nd .cldreu .hlll hIve thlretofor. b40en
~l"Irnt.l\ed to lll&lll In writ In;. Iptc\fylrlll wh.reln L...or ~.. ftlte<t to per,ol'm .uoh obU;ltlon; pro"ldld. IIOw.".r. that 11
thl n.tl"lrl of l.lIorl. obllOlt1on t. .ueh t",.t mol" th'n thIrty \30) dl)'t II'I rlCf- lrtCI 'or perforl\\lnce therl LUlor Ihllll rIOt
be In d.fault If l...or e~n( .. ptr'orrMIrIC. ...1 thin .uth thIrtY (3D) CIty parlod tnd theru'ter dHI;ently prollclJtu the
lime to c~letfon.
13.4 lit. Ch.ra.,. L..... hlriOy .ctnoltlldg.. th.t ~.te pl"fllltrlt þy U.... to l...or of It.. ".nt, L.....I. Ihlre
of Operating Ixpe~.. or other .~ due her......r will e.u... L...ar to Incur ~Ht. nIIt ~ortt~I.Ud by thl, l..... tht '.II'Ç;t
llIIOY"It 0' ","Ich ItlLl be IXtrtml'~y dtftlcl"llt to ..cert.1n. such co.t. Inc:h.., bYt .". not 1lmlt~ ta. proce..ln; Inr:f
ICC:QI.II'1tfnl eh.r..., .nd l.t. chlrgll whla" lI'\Iy De Impo.1!'d on l.nor by the t.rma of any !nOrt;lg. or trult d..eI co".rlng t"e
PJ'~rty. "ccordtn.ly. If any tn.t.llllllnt a' .... Itent, Optr.tlr1; E~ Mn.... or .ny oth.r .~ dIJ. froml..... .hlll not be
r.C'.lvld by lenor to L~norll dI.lllne. Itithln 11'10 (:5) day' Ifter .uch .mount .h.ll bII du., th.n. without ."y r« ulrllntnt
for notic. to L....e. Lenee .hl~l pay to L.llor I (It. cl'l.rgo IqU.( to 6Ji of .ueh OVlrdUII lIIKJunt. Thl :Iert1.. hlrtQy Igrlt
that .ueh L.te charg8 repr...nt. . "\1' ~nd re..onlbl. eattll'1tte of the caatt L.llor will Incur by retlOl'! of l.te p''f'I1ent by
l...... ACC.ptanc. of alolCh ~It. charg. by L.nor Ihtll In no ."ent connhuu I 'Nllv.r of l.....'. d.huLt with rlI~ct to
.uch o".rdul III'IOIJI"ot. nor !,r.v.nt In.or frem .a.rOI,1nll' tny of th. oth.r rlthu Ind rlllltdl.. IIrll1ted her'l"Inder. In th. .vlnt
th.t. lat. chlr,. t. pIIVlb(, hlrel.h:1er. ...heth.r or not colllctld. for three (]) con..cutl.... tnlUlLlIMtnt. 0' I".,. of the
.foulltd monet.ry ObllG.tlon. of I.....,. thtl'll... IItnt .hln .utOllllt1C1lty ÞecOl1le due .nd piy.bLe quartlrly In .dv.nCI,
nth.r th.n mantMv, nohlth.tendtnl Ptra,r.øn '.1 or Iny ot"'.r prCl'tI.lm of thit L.... to tnt eO!'lt".rV.
14. Condl!llr\.tlon. If the ,Prlilmf... or Iny portion of th, tOlTf!lOn Ar... are tak.n U"Id.r the )Ow.r of ,",!/'I'nt dom«in. 0,1'
.old IX'dtr the thr..t of the 'K.r~t.. 0' "fd power (IU of whlet! 'I" h.r.tn celled IIcordtnrlUlonll), thl, 10.... ,h,n
UMIIIl'Wlr. .. to the part ta ult.n II of t/'l. dlte the eondlml"lI .uthor'ty ukee t!tll or po.....ton, whlch,v.r fll'lt occur..
I If ¡nor. thin ten percent of th, floor 11'" of the Premt.... or 11I01" thtl'! twenty·'ivI pere.nt of t"'et portion of the CormIDn
..~... dI'!Ol'llterd .1 perkinll for tl'l. 1~lld1ne II taktn by Condlnrllt1on, .nd not r.pllCld with other .ult.ble PIrkl", ,
,. 'I!." errlngl'lllnt. which relult. In I ,"ort'lIe of perklnlltlt/'ltn re..onlble dlet.nee from the lutldlrlg, LUlu Jney, It L.....'.
opt ton, to be .".reÌlId In writing onLy wtthln t." (10) day. Ift.r l.lIor .h.LL h.". 1I1".r¡ ~.net wrlthn notice of .uc"
tlkino (or tn the .blene. of lueh nattc.. ...fth!n t.n (10) d.V' .h.~ the corw:ltllJ'\fnlJ .uthority .h.n h.vt tl¡1t:,,, poII...lon)
terrnlnlu thl, L.... .. of the dUt thl c:ondeml"" .uthorlty u,I(.. euc:h ~..,..Ion. If L..... do,. I10t termlnltt tl'll, L....
In .ccol'dln~. with tl'le forlr¡Joil"!t. tht. l.... .",.IL remain In full force It'd .ff.ct .. to the XIrtlon at the prIMI...
..,-. rll!\ll!I' II' ( , 'Kctpt tlllt the rll'lt .hlll bI rtdl.iclCi tn tl\. proportion that t./'I. fLoQr '1'" of tht Prtllll... tlt.n btl~' to the
"; tohl floot' Ire. of thl PI''"!.... No redl"lc:t!on 0' r.nt ,hili occl"lr If tl'l. only '1". t.ktn tl th.t which elOII no~ h.ve the
Prllll!'" loc.tlel th.r.an. Any .w.rd 'or till tlkln, of .It or Iny part of the Prllllht. UlICItr t~. pelt.r of l!II!ntnt cI~11'I or
Iny plymant ""'de U'\der ,hr..t of ttl. '1I1~ci.. of .l"Ich pow.r .tlIH be the property of L'''Ot, wllnll.r .uch Iwerd .h.\I be IIIIcle
II cal1)lnlltlon '01' diminution In v.lut of tll, L....hold or for tll. t.kll'!.lJ of the '''' or Ie n"eranc. cI.mtg"j provided,
however, thlt l..... Ih.ll be entttllCi to ""IV ''II.rd 'or \0" of OJ' d_IiI' to 1......11 trade 'I ttl"lr.. Ind removlbLI per.onBl
property. In the nent th.t thlt L.... fl not t.rmlnlttc:l try re'lon of lueh cond~ltlon. Lellor .h.Ll to the .xtMt of
Itv.rll'lC' dlrnag., I'Ic.l"ecj by L...or In conl'\actton ...lth .l"Ich cOl'!dll'rT1ltlon, r.",,!r .ny d.,..g, to the Prlllll... uuud by '\.jell
condlll'rlltlon 8Xc:.tpt to the 'IIt.nt th.t l..ue hn been ""I!!'burlld th.r.for by the cend..,."lng .utl'lortty. l..... .h.ll ¡:¡aV any
lmount In .IIC.... or .uc:h IIver.ne. .....g.. rlC!~lred to c~L.t. .uch r'F41r.
n. lJ'qlf:.rl"..,
I.) L."or .h.lL pay to the troker cIt.llilr\ltI'd tn Plrllraph Hu) . f.. for brote~.g. IIrvlc" rendèred by ..Id
b~ok,rU to l.lIor In thl, trlnllctlon 11'1 .ccordwlc.. Nlth the eeperite wrhten nreement behttn L."or end ltuee end such
broke", Llllor Ind LIlt.. nch rtpr..enf arid w,rrtnt to the oth.r th.t no brok.r, Ig'r'lt or "Md.r, IIC'I'o.td or oth.rw!.e hn
bI.n .ng."td by It, r"JMCtt.,.lly, In conn.ctton 111t~ the trlnllctlon COl' t~¡u~ by tilt. Agr'OIIII!nt. othlr thin thol, 'crok.r.
who .rt lden~ifled In P.r.grlpn 1(10' .bov.. In the ,".nt of .ny oth.r eL.f", for brClk.r'" Ig.nt'. OJ' ffnder', fll or
c:.orrmlllfl>n tn clll"t\.etion wIth thi. trln..ctton, the p.rtv upon .....,0.. alleged It.t_n', represent.tlon or 'gr.ement .ueh
cllltlll or 11.bHity .rt"l .hlll ¡rd...,t,y, .."e, hold hlrllll... Ind deferc the oth.r perty frOlll and 'liI.ln,t aUCII cl.lm Ind
IllbiLity.
,.. htODDlI Certiflc.t..
(I) flc;:h perty (.. "r..pon: in, pertY") ''''In It any tiN IlpOt\ not I... thin ttl'l (10) dlYI prior written no~lce
from the other p,lrty (I'requ..tlne ~rty" lIt.cut.. .cknowledu tnd d.ti"lr to the rlqLilltln; party I .UtØ\tnt fn writlnlil (;)
c.rttfY!r\; th.t thl. I.e... f. IMYIIOdfftld and In full force .rw:I "'ec:.t (or, 1f modtfied. It.tinll the n.t'oire af .ueh
rnoc:IHtc.tion and c.rtl'yfn" 'hat tllil L...., II .0 modified, I. tn fult forc' and ethct) .r'!cI th, date to wldch thl r.nt e,rw;!
oth,r chlr;.. II" palel In tdv'l'Ic" If Iny. .nd (I i) .clcl1ow(edglnr¡J that t/'llrl Ire not, to thl rt.poncUng pert 1". kno'Nltc:llle,
Iny uncvrlld eMfaultl on the plrt of the rlqlJl.tln, Mrty, or lpeclfvtn, .uch c!.huLtI If Iny '1'1 claimed. Any luçh 'Ut.ment
"":, nIIIY be conclutlvtty relied U :IOI'I by ""1' !'ro.peetlv. purch...r Clr .ncl6ltlr'l'IClr ':If the Property.
I lb. At the r~ltlng Mrty', optfOtl. the fill 1.11" to dellv.r .uc,", .t.tttnent ...lth!n lueh ttme .h.ll upon t"e
.l.ctlon 0' L,"ar, con.t1tutt I IIIIt.rtll Cltftl"llt IIf tht, Leite by the perty ",,",0 II to r..pond, ~lthol"lt InY fl,¡rth.r notice to
.uch ¡:¡arty, or it ,h.ll be conc!'oi.¡.... upon .I.IC~ party th.t (II thi. L.... I. tn f",1( torn and .".ct. wtthOlJt mo<IiflC.110n
uc.pt II NV be rlp~"'nted by the reqi,¡eatfng perty, (t t) ~"'ere Ire no lIIeurlC! dehulh In thl reque.ttng party!.
pcrforllllnc., and (tt!) If L..·.or I' tl'le rllql"leating perty, not more thin ol'lllllOl"Ith" r.nt 1'111 bltn pllcf In Id'f'lnçe.
'" If lenor d..lr.. ta flrl'I"1O', r.ftn.nc., or ..lI ttl. proparty, or .ny pert thereof, l,,". h.reby '111'''1 to
I,)
de\f"er to any l.ndtr or purel'l...r d..ignatld þ¥ lellor luch fln.nclll .t.tftlerlU of L'..n II ""'y be r..sonably rlqUl~.d by
luch lender or purch...r. IlIth ItUlmtnt. ,h.ll Includl the put thr.. (3) ye.nl financial .tltlftlr"!'. 0' Le..... All 'uch
WK\EASTU..~."'T2 , (~-('i ~
072ii!18 10,
._-,..._.,~..._.,.__._~.- - --.-. M ~ u_ -_._..~_.._-_.. .__..._,._,--,.,----".-_--~._~
12/fJ8/1'399 17: 28 619-259-5558 J FRANK MAHONEY PAGE 12
I f!f\.ncta~ natllWnu ahlll boI rlcllvecl by Ullor.nd ¡UCh ll/'ldlr or pI.Ir~nl..r In confidlntl lnet .1'1111 bI lAid only tor the
; pyrpo.'1 h.r.ln lit forth,
f", t'/'. Llllarla lilbHltv. Thl tlr'" "Llnor" I' lolled htr.!n ,,,.ll Nln OI'Il., the 0"""1' or owntrl, It thl ttN In qIJluiol'\,
¡, ~,
f. ,:' of O. fH tftl. or . 1.....1. 1nt.rut In I trOlr.l'ld l.... of th. Byl ~dll"ll, 'I"G ,XClpt .. Ixpr,"ly provIded In 'IUllr.ph 15,
In th. ,vlnt of Iny trlna'er of ,ueh tltl, or I"tlrut, Lt"or 1'!.~tln nll'llltCl Ctnd Ir'I cln of Iny lubatqu.nt trln,ftrt tht th,r'I
1I~.ntor) ,11.11 tit r.ll."..:! frCln Ind tfur tll. dth Of 11.,1011 tran.flr of .ll ~lltll\lty II r...,.cta L."er'a oÞI\g.t!on.
tll.~..ft.r to bt parfor~, provlo.d ~h.t ""''' fUl"ld. in tilt h.M. of l...or or th. thll'\ Irll'tCr It thl tlllll of .uch trln.hr,
io wlllch l..... h.. Ir'I l!'Iterllt, IlIlll be ts.\!v.rtd to tht IIrlnu.. Tilt obI lilt 10'" contaIned In tnl. L.... to be partor-mld
by lellor .hlll, .ubhct II .forll.id, be b!rdln, on lluor'l .ucc...orl .nd ...I¡o., on~y duriM¡ th.tr rltpteth'. perIod. of
o"¡nlrthlp.
11. s.".rlbll!h. Th. 1n"IIIdlty 0' .n., pro"I.Ion of th11 L.... II dltlrllllntd by. court of c~t'l"It Jurlldlctlol"l,
.h.ll In 1"10 way tH.ct th. nUdtty of .ny othlr pro"t,ton h.rlet.
19. Intlr.at en put·dulI! Obl!a,tIDoa. hnpt.. eApr....ly henin provided, Iny .mount due to ~Iuor not "11d when due
Ih.11 bear (nttr'l~ .t tht IIIIlIim.n r.tl thlll Illow.b\. b.,. l.w from tile dlf. du' P'J"I'IC"t of .uch Interest ,1I.lI !'lot ucuu
or cure .ny d.hult Þy LII... und.r tilt, L...I; provld., howevtr, th.~ Inttrn~ 'h.ll not be pa.,.IÞI, on lIt. c:hlr,.. Incurred
by 1,...... nor on .ny IIIIOU"U upon whl;1I In. ch,rll" Ir. pe;ld by I....,..
20, TI_ofhunc., Thill I. of th. ....1'1I:. IiIlth r..pect to th. obHgltlon. to be plrformod under thl. LI....
21. Adclttloll.¡ hnt, All I!IQIWt.". obU,atlan. of l..... to Lt.-or \K'Id.r the t.rn of till, Leu., Includlllg but not
Ilrnlttd. to l......I.. Shlr, of Operatlna !1I¡)In.., ,nd 'rllyunc. Ind t..II ""'1'1'" p'''''bi. ,h/lllt be detmtd to be r.nt.
22. lrn:orDarltlonof IJr!or Aor.....",,'\u' AmIIl"IdMnt.. fhi. lU" cont.tn. all ur._nt. a' t"l ~rtl" wltll rllp'ct to
,ny muur mtntj~1td h.r.ln, No prior or co"tf!!pOrlilr.eou. '¡~erment or undIrttll"Glnll perUlnln, to Iny .uth maUlr IhlLI bt
elflctlv., ~hl. L..te lI'IIy be mooH11td In wrIting OtIly, .I,nld by tll, ptrtl., In tnUres~ .t tht till'li of th. IIIOdlticUlon.
h:cept II othlrwh. u.ted In thi. L...., 1......1'1.1'11:1.,. Icknowl..:!;.. that n.tther th. rill IItlt. broklr IJ.tte! In 'Ir.,r.~
15 h.rtof nor IllY ct)OPlrltl.,. br~.r 01'\ thl. tr.nltetton nor the ll..or or .n.,. I!I'fIlo.,.,. or '1I11It. of ally uld )Ir.om hll
_ÓI .t'\)' or. I or wrltt." warr.nth. or rtþr.nlltltt~. to Le.... r.l.tt". to th. corodltion or u.. by L..... 01 tll, 'r~I'n
or tilt COflYl\Ql'\ Ar..1 Ind L.It.. tcknowltdi" th.t l..... ...~. ,ll r'lpon'lblllt;y r.gardln¡ the Occuplt!onll ItfU.,. "etlt'l
Act, the l.g.l 1.111 .rId tGa¡;¡t.bHity of t!'!t 'rtmlu, II"G th. e~II.l'\c. thtrtof with .11 II:9~lc'ble 1'1/1 and rlllula,to", In
IH,et cNrlnll th. t.rm of th!, l.... .t.etpt .. oth.rwl'e lpedflc.lly ,uucl In thll l.....
l3. !21!w. Any notlc. rtc \j1recl or ¡>trmltttd to be IItvrn h.r,und.r .hlH be In writing Ind INY bt 11.,.1'1 by plrl9"11
d.llv.ry or by t.rtjfjtclllll1l, .nd tflllv." Plrlonltly or by ""n, shill be d,t!Md sufftcl'l'\tly II;V,,, If l<!dr,"ed to ~"...
or to ¡'''Or I~ thl ~r... notld Þt\OW tll. sllll'1lturl 0' th. ru~ct!". pirtle., .. tl'lt t... mty bt. EIther plr ty mty be
I no~ c' to th. ot~.r .",tHv . dlfferltnt l.;!dr... for I'IOt1U p..rpo.., .lIet.ot tlla~ upOn le....'. tlktng po.....lon of tilt
'remt..t, the pr.."I... .h.1I con.tltut. L.....'. Iddrt.. 'or noHee p.,¡rl'Cl'" unt!\ el,lç~ t!mt tll.t thl. leu. IMY bt
urml,.,nld. k copy of .11 natle.. rtqui rid or )IN.,It~ed to be glv.n to ~1I'I'Qr hUItUl'ld,r .h.l \ bt concurrently tr.nlmi ~Ud to
;' 0,;. aucll party or plr~!.. .t .uch lådrn.u .nd l.nor lfttIy from 1111II to tIme IItrnhlr d"1Qna~, Þy notiu to LI"".
' '
t' ~t': ", ~. Ho 10111 VII' by L".gr or Iny "ro"I.!on ~.~tof ,"all be tIe&"ll'lld. w.lnr 01 Iny otlllr pro,,¡.ion hertof or 01
Iny .ub..~u.o~ breach by l..... of tht IImII or .ny o~htr pro...l.ion. l,"or '. connnt to, or 'PF~ov.¡ of, In.,. ICt .h.1I not
,¡, be deeollCd. to rlnd.r unnlc....ry the obtllt'\tnQ of Lenor'. lIonaer'\t to or .pprcv.1 of .ny lub"q\,lent ICt by l...... The
.CC.ptlf\C. of rll'\t her.l.rdllr by l'''or .h.ll not be I w.!".r of I"y pr.cldll"lll bre'th by llufe of Iny "rovllll)n hereof, olhflr
~lIln tn. hflun Clf Lilli" to Pfy the plrt\;...\.r rent 10 Ic:cept~, r.glrcU... Of L...or'. Imowlld;. of .uel'\"r.cea'in. ~r"cl;
.t tll. '11M of ICCI"tW'ICI of I~h rll'l~.
1>, I.Iw£1J¡¡ , rI.ltl'ltr tht. lln, r\or '11'1' "*f'òrlnd\ITI of till. Let.. .h.U be recordld w!t"out the prtor wrttten ,"onUM
0' L.nor. L..... .h.ll, upon rtqutlt 0' L...or, .xecut., Il:"knowlll;llll'nd d.I!"lr to LIt.or . ".hort formf' marnor.r'ldun of
till. ~.... 101' r.cord1n, p!.Ifpo....
Z6. Moldtno 0'1'''1'. If L...... with l...or" connnt, remallll tn ¡>O.....ion of th. Prami,,& or Iny þlrt th.rlCof afUr th'
'lIplrltlon of tht tlMII h.rlOt, .uch OClIl,jptncy ,11.\1 be. t.II.nc.y from fIIonth to month upon II ~ ~ho "ro'lt,to,,1 of tlli. Leal&'
ptrt.inlrtg to till otI!III,tlonll 0' In'H, but ,l~ OptiO/\tl, If .ny, ;r.nted LrI;I.r the tlrll\l of tht. L...' .hall bt dtttntd
ttrmlnltl'd .nd be of no flolrthtr tff.ct durtng ¡,Id IIOI'\th to montl! t.nlney.
27, Cl.m.Illtt.... 1I1IMd1.a, rIo rlll'lldy or tl.ctlol1 htrlur\Øtr ,hll ~ bt deemeá ';JlClu.ive but _tl.1 ~, whertv,r )Ou!bl., Ot
C~lltlv.w1t"I\\OHI.r rllllldl..,t I.wor Inlqu!cy.
la, COVI.,.nu .nd Condltlonl. hc~ provhlon of thll l.... to bt perforltlld by L..... Ih.U be dHlllld both I Covtl"lllnt
Ind.oorw;lttlon.
29, '¡!'dIM I!f"~!' clloh:a of l..,. luÞJtct to .ny prrr,.ll!on. ~Ir"f r'Ul'letln ...tQnr.e"t or .ublln!n, by U.... Ind
.I,IbJIÇt to th. provl,lon, of PI~'.rlpt1 17, thl. l.... .h.11 blr.;! tll. ptrtt... th.ir perlon.l r"prnentttt"... .uc:cellorl 8nc1
"'1111'1', 111t. l.... ,1\111 blgonrned by the 1.101 of th. Sute of C.lihrnl. Ind I"'y litillatlon ç!;lncerl'1\n&l thl. lust
Otlw..,.. tll. perth. IItrtta .hlll be !n!tilt~ In San OliVo County, C.llrgrl'lil.
10, SubordlnnlDn.
(I) 'f~I, L...., Ir'ICI ''''y Optton ,rlnttcf htrlÞy, If L..lor'. option, .n.ll bt Il,Ibordtnltl to In.,. Iro~ lilli,
IIIOrtg'íI', dHd of tru.t, or I"'" oth.r nypcth.cttton or IIclolrlty MOIfi or hlr,lfter p(ICtd upon the Property Ind to .ny and ,II .
lItv.nc.. -.dt on th. ..curtty thtrl'Of Ind to .Il r.ne"'II, md!f1c.tion" COI'IIolid.t!ol'l" r."llclII\I"t. and .xt.nllon.
1hlrlof. ~otwtth'Uf1dlnt such lubol'l:Ill'IItion, LI..,,'. rIght to C yltt pII.....lon of tile prtmt... I~.~I not bt dl.tlolrbt<;l H
I LIS'" fl not In òtho,¡lt 'M 10 llll'lg.. Ltl... .lIll~ Ply tile rent II"G ob..rv. II'Id perforrll 11\ of the provi.ior'l' c1 thi.
L.II., unl." till. L.... It o,h.rw!.. f.rmlnutG pY~'u.nt to It. t.rllll. If .ny mortilll", tru.tl' or IiIroul"G 1'''01' Ihlll
'¡Iet to 1\,.... till. lU"'nd' .ny OptIon. gr'Med ~,~,by prior to the Llln of it. IfIOl'tlillíl', d"d 0' trult or ,round lean, .nd
I~'U i!V' wr!tt.n notic. tllertof to I.,...., thtl L.... .nd .uch Optlonl ,h.U be d..nlll'd "rioI' to .uch mort,.,., d"d of
trult or ,round t...., whtt~.r thi. I..... or ,\.Iel! OptlQr\1 /IIrt OIttl:l prtor or ...Ib..~uel'\t to 1hl cI.u of ."lcllI'IOr~I.I t, detd of
truU or IIrOll1d ~..n or th. dn, of r.cord1 ng therlOf.
" Cb) ,U.... .,r", to tXlCUt. '~y cIoc:~t, required to ,ff.ctuet. '1'\ .UorlYl'll"t, I .urx.rdln.tton or to IIIIk. tll;.
l.... or 'l'Iy Opt1on ir.nttcl h.r.tn p~Jor to th. I'.n of .ny marti"e, dltd Of truu 01' ,roU/'\d Itn., II tll. c... may bI.
LI...,f, failure to ,.II,cun luch doc:...,.."tl wltllln (10) d..,., .1Ur writt.n d'lIIInd sh'll con.tltut, a mat.r!.1 dlf,ult by
l..... ~'rtund.r wtthout fl, r~h.r notice to lUIII or, I~ ~la.or'l o,otl( n, LIUor 'hll! execute suçll docl.ll'llntl on Þth.lt cf
l..see.. L.....'. .ttorn.y·!n·hct. lU'" doe. lI.r.by IIIIkt. COi"lUlhH. .nd !rn....oc.bly .ppoint L...or II ~".n"
utornty·ln·fu:t Ind tn ~CU..I, "11M, ptlct 11"4 ettld, '0 '!I.cut. Il, çh ~'lIr.tntl tn /IIct'ordlnCt witll t~I, ,Ilr'lIrll il/'l3CCb).
3'. .-ttornl"" F.... If'.lther pa~ty nelllld h.retn brjM;$." "tton to .nforce the ttr~ h.r.of or d.cllr. rlehtl
IIlr.under, the pr.ntll,... perty In Iny lueh Ictlon, 01'1 trl.1 or ' )pIll. ,hill bt Intltltd ~o itl r,,,o"lbt. Ittllrn..,.'a fen
"""".'" '."~"""~""'-" ~
'iVl L
WI:\USTLkl:£. I TZ (( d- - d- ()
onzlS8 "
__~m -~-------,--~- -------_._"----'~_..~-_..- -- -------~---
: if· 519-259-5558 J FRANK MAHONEY PAGE 13
12/a8/19g~ 17:28
'f~: II laht t tl"\t.r th, 'r..~." It r..ton.b\, ,.... "I' th.
)2 lnlor" "co;:tU, ltnor ,rd l...or'. I'I!"I~' Ihl\\ hi.... t. I' \'I r1CI ktl'\f ~ ,u...raticflt
. 1 1'1 t o.,.ct I"" purchlllr. 1"""*1'1. or I........ "" ' ,
pur",:". of tnl )eCting th. ..".., ,how no t . I. iii P" , d' l' tar !III'" ØnIII ""n"'/'Y or dlllr.btl. ~,..or møy
rlpelr_, t~ro"_nU or tIdd!tl~. to ~~. ";;,,,~~:,,~~~~~~h:n~U~~QI:r;'.,:~ 'lit" Ind -'01' Lot..11 III"', ~~~ IctIv1~,ln 01
~:.:~~ ~~U:~~C;O~h~; :~:r:~ ~~:i\'b: w!tho.,¡, .oetlMf\t of /',"~ nor ''''.11 l.nor IHI.,..n)' ~\'billty to \"",.11 f.r, \11.
.....
1t t M eot'lÓ.lCtlCl .!tl'l.r voIII!UI'Hy or Il"!Voh,I'IurHy, .".,. l\oIC!tlon
~~ ~~:~:~ :r:~~~f~;:t ~~~~~:t:!::r~::o;;; O:;~~.~~I ~;~;::::;~~ne::t~~ t~~:~:~r:~:~~r';o t~~.~~::~~y tn
cllt\aent.
54 I.1.IDI \...." .h,1I not "l.e, IIW 1111\ \4IOfI till Prlftll... or oçhl lulldino without 1."101'" p,lor 101/'1",," cOI'I..nt,
,.d..1' no c'rc~tlnu. Ihlll \,...." p~.n. .tg~ on the roo' or .lIt.rior willi of th. lutldt"t or 1n tt\. Corrmon "'1'...., All
~101\' 'hili c~l... wlttl tilt .I''WI_ luld.".,., of the h.t\.~. ....11"1I.. Owner. "nocl.t\OI"I .ncf otl'l,,, I11MII rtq..l!r-"l'ItI
\~..d uporI Ch, "r."tl,. 1'1 UI. ,..U.k. lull.,... Ctr1,.r.
S5 I!IWt Th. WiUMUry Qr oth.,. ....trtndilr of ~h" l.n, ÞOy ~...", or. Jlt,jtuel cI,.,nlLuIDI"I th.reof, or I
t.~lnltton ÞOy ·~I..or, III.U no~ work I ""rOtr, .nd 'hlll, .t the option of L...or, t'nllh..t, III or 11'1'I' .wt.t!r'II
.'oÒ~'I'IMCI.. or ..y, It 'h. 09'101'\ of l.nor, operu. II 11'I I..t,"","t CO "'...or of II'f'I '1' .ll of .o,och IloØttl'\lnc:I...
56. ~. b:ctpt for P'''''''11'f\ 33 h'''"f, \IIII.r....,r In tht. 1".... tll. connnt of 11I"II þIIrty 11 rtqUtrN to In ,;t of
'lit otl'l.r Hrty '\,ICt'! content ,h.\' not bt II'Ir"'ONÞly wi thh,ld or ctellytd.
37. ~,AI . IMt,,,1.1 1rØ..e....nt to:! "',uor" If"Itlrl"'ll Into till, Lt..., l..... 'h.\~, cOt\(:vrrll'\tiy wtth 1".....',
' ,ICU~ton tnd .\I...I;'Y of tht. L...., CllJlt lu ~"'f\tltr to '''''''\It. _nd åt\!vtr t~ """ltr the l"'t GI./tirlnty "gr.tmtnt In
the to... of ~,II\h1DIt "'" to tl'llt L..... "I~ ,....rlntor _hili h,..., tll' __ ot;\ 1;.\ IOnt II 1"..... urdIr thl, l.....
M, out.t POluulon. Upot'I l..... paytnv the rtnt fo" tll, Pr"",I... Ind obtl,....I", wid Þ'"fOrntlflll ILl of tht cO...,nlnt"
condttlOflf; Inti pro,,¡,lon. on L.....'I Plrt to 1M ..r,,1Id .nd F"IrfOrlllld hlr.......r, I...... ,h.LI I'll'" quilt J:IO.....ion of tll,
t I'r..t... for the t,.,tlr. tlr l h.r",' .I,II:IJ.c~ to .I~ 0' the "ro"I.IOt\. 0' thl. L...., HI. Indl"Id\4I. CIC'C\ltt"'i! tht, Litle 01"1
,.. -.,
L bthlL' Itf l...or r'pr...nt.r-d 1I.,.r'"t to ~"e.. thlt 1"'ly Ire I\I\LI' l\,Ithorl~td.rod \t".I~y CI~bl, IiIf ,uc\ltlT'le tht. L....
on Þt/'II~f 0' "'..ur .nø ~1I11 Iwch ,,II\K...tlli!l"l It Þlrw:Unv upon 41\1 partl.. IIOIGtl'lQl .n N"IfIrll'llp Int.r.u 11'1 11'1, 'r""'''1 Ind ~nl
luilcllng.
n. ~,No option. to '/l:ttnd 11'1, 1.1"1II of tll, l.... or to 'KPtnd the ,,.,,,,1... or to Þrovlde for 11'1'( oIl'll" ",,"I,,¡ru
.s'jt .re InolWÓ'tCf withIn thl. ~'II" II\ll" ~rovl.l~ Ih.r.for. ."...t forth tn ..., ~ to tll!. L.....
'C. Ite\lrftv IIII..u!".., L"IN lI.rlby Ickno\llltdl'" tlllt ~...or .h.ll IIIYI 1'10 oelt,ltIMIIh.t'oto"tr to provl';' iUlrd
..r"tn or Ittll.r lee...rtty "......1'.. fo" thl bwnIflt 0' thl 'looi\d!n.. ~..... ..I........ .U r"øon.!~1\11.,. 'or tll. prottctlon~'
It..... lu '¡¡IMII, I~ [n"II... Ind thl property of ll"" Ind of lU...', 11111"111 ,r-d 1""lu.. 'rlill'!' ,eu of ~lItrq I'trtin.
~othlnll htr,l" eontlinad 'h.Ll Prll'tnt L'..or, .\ ~I"or" '0\' 1; :111on, frOlll pro,,;c i,..., ""urlty prouction for tll' I¡,,>tld!nu,
In IIOh!tll .vtrlt tilt CQIt 1h.rtof .hlll be tncl~ wtth!n Ihl ØIIftnttlon of Optrl11nt (.I\pen..., II lit hrtll In P,rlurlpn
fo.¡CD),
41. 1IU!DIa1¡. 1."'01' r...rvtI to IU.lf th, rl"l'It. from tl_ to tlllMt. to ,r.nt .ucl'l ...."'ent., rllhtl tnG hdlcltlon.
th.r LI"o" dt..- MO....,..,. or ..'rIÞI.. 'nO 10 CI\,II. the r'''liIrØlllon of pert.1 ""pi end r..tr!c1!0t'II, 10 long II .\lch
,........nt., rlehtl, 0ed1"t1on" "",,".nc:I rtltr\t1tonl òo not \oI"I""IOI'IIbll' tnter"r, wit" 'hI' Uti of the '1"11II1... by lUtee,
l..... 11'1,11 II", ,"y of tll. .10r""'l'>ttontd doç'ollll",. "'P«" rtqlJ4ltt of L.llor.nd f.l\ur. to do 10 "'1,11 c:Ontlltl,¡II. IMter;11
t;I,f.ul~ ,f thl, ~"'t by L..... I/ltllO\OI thl MIG 101' 'IoInh.r noll" to "'......
U. PtrfDr.....!'It!' úl"ld'r Prottn. If.t I".., ti... dllll'oltl ,~.ll .rll' II to II"'Y IIftIIIiIII.I'It or II.If of ~ to bIr pelø by one
Mrty to Ih. othlt Ul"dtr th. pl'ovl,IOI'!I h.reof. Iht ~rty 1'111\" 11I\011 t!'l. "'!IItfOt'l to plY th. money I. ....rtlld I~'¡\ 1'1,..,
the rtlht tClltllk, PI)'I!Itnt "......0.1' prot..tl' Ir'IIII '\,ICh pI."..n! t".11 r'IOt be r".rdtd., I vliIl....,ury Hyment, IrQ 'h.rl .hlll
,I,¡rvlv. th. rl,1It on th, part If ..10 partl' to 1nttltut. .uit fo~ r.ço.....rl' a' ,veil ....... I' It .h.ll be iGiucl,ed t~.t th.rt
wn 1'10 l",.1 obll,.tlon on th. part of u!ø plrt'J' 10 PI'f '\,ICh '''''' or 4Iny pe"t th.r'Of, Iltd perty .h.ll bot tnlltll'Ó to
rt$IiI'IIr I\,ICi'! ."'" or '1iI IIMIh l"trlOf .. t t II" no~ l"., ly r,,!~lrtGl to pay IronØIr tl'J. prOVlltON of thh 1".....
'3, &ßI1atl1x." L'UN t, . cOl'l'Q:r.tl~, trult, o~ Itl'1trs\ or llmltlCl ~rt,...r'''lp, I.ch !l"Idl\ltdUl\ ')\IC\JI!ng tll!.
L"'t on ÞeI'Ill t 0' .uclI If1t It)' rlprluntt Ind ".rrll'lh chI! h. or ,h. II ~I y .uthor I I tel to tIC.cut. .reI del lVII" Cht. l.... on
Þ.II.lf of "!d tntfty. If L..... t, I corl'Or.tlt¡r'1. trl, lt ,r ,IiIIrtntr,h!", ~III" ,1,.Ll, .1 th. ttlllt of th, '1I.c:utIOl'llilf tllì.
L"'I, chlll'lr to LillOI' .vldence of '1.1$1\ l\oIl"liIrity IUhhctory 10 ~'lIot.
"'4. ~. Ion'f COf\fllet betlftlr1 th. prll'lll'd þro"tI1~ of thí. I..... 11'1I;I the t)'peVrtUtn or ".ndwrftttn proV{.tO"I,
If II'IY, '¥lllt De COt'Itro¡ltd by thl t'fPIllrtHII"I or h.rdo¡ r1thn ~ro...t.iON.
... WU. 'rlplret1on of tlltl ~.... by L"lor or L'lIliIr" '¡¡.nt IncI Iublrlt..;on 01 111M to L...." .h.11 nol be dltl'rlOd
In ofler tlil ~e'''' rh11 ~.... ,11,1\ IMctll'll Þ!l"Glne upot't L.llor .re 1"..... IiI'Hy ~ttn fu¡~y ....c:utlld by ~'''or .nd "'......
t ... _. "Iuclled h.t.to I~ IiIr Ir. thl 'allowt", '<làlncII.IiI or ~ IIIIich COf\ltttUtll I Mn Itf tlltl ¡.....
.Ad4tndwtt r 1). _ Plrl,rl~' 4 7 thr~,h 52
"~NI). _ PII""r.pt" thrqh
LIIQ LUlU
,,-,
T. £õ'rank Mahone~ III and Judith M. ~~J~r.V~ COMt!\~: ' LLC-/
~a""r'>n""v . 'J'n1stP. S ot tl1a't certain
1aR9Rg~' I..........."~..,,'" ".,....,,"'... ~~ ted ì ..~ ~!. ~\\\J:---...-
1/1;\/77. as restated 11/22/89. - . ~
~~~;w ,."d, 1 2/1 0/99
ß
D.ttd¡ 1?/q/qq
W\fAITI.AQ.MT2 (~ -¿)-(
,"... ·i 12
.,
-~~--
- --~,._._--_.._-..._.~-
12/08/1888 17:28 618-258-5558 J FRANK MAHONEY PAGE
-_._-.,._..._~_.,-",,,.__.-..,_.,-.,.._..,,,-,,,. 14
ADDENDUM TO LEA.SE DA.'I'ED DECEMBER 10, 1999
I 47. Anything to the contrary herein contained in Paragraph 12 hereof
~. ,"
.í notwithstanding, Lessee shall have the right to assign or sublet the
dçmised premises, or any part thereof or any right or privilege
~ .: appurtenant thereto provided Lessee shall not be relieved of any
~ .¡i" obligation or liability arising under the terms of this Lease.
48. Lessee is hereby granted the specific right to sublet three (3) specific
areas within the demised premises to the City of Chula Vista, said
areas being designated and Jabeled Suites "A", "B" and "C" on the
layout of the demised premises attached to Exhibit "A" hereof. If the
City of Chula Vista. should teoninate its sublease on Suite A and or
Suite B dudQ.g the term of this Lease or any extension bereof, Lessee
shall have the right at Lessee's option of tendering Suite A and/or
Suite B back to Lessor. In the event the City of Chula Vista. shall
terminate its sublease on Suite C, Lessee shall take possession of Suite
"C" and Lessee shall have the right at Lessee's option oftendering
Suite B, together the space designated as "D" on the attached layout, to
Lessor. If spaces A, Band/or D shall be tep-dered back to Lessor,
Lessee shaU be released from any further liability or obligation
I herew1der for such space. . In order for Lessee to exercise this right,
Lessee shall give to Lessor not less than 120 days prior written notice
, of its intention so to do.
i~' 49. Anythillg to the contrary contained i¡¡ munbered Paragraph 39 hereof.
Lessee is hereby granted the option or right to extend this lease for two
(2) additio¡¡al two (2) year terms, upon the same terms and conditions
as nerein contained and at a rental prescribed by a continuation of
Paragraphs 4.1 (c) and 4.1 (d). In order to exercise these options
Lessee give Lessor not less than 90 days prior written notice of its
Intention so to do.
SO. lt is tmde,stood that the demised premises contains its own restroom
faci)ities and its occupants do not use the common restroom facilities
located within !.be building of which the demised premises are a part.
With respect to numbered Paragraph 4.2 herein it is understood Btld
agreed that prior to determining Lessee's share of Armu(!.l Operating
Expenses. Lessor will deduct from projected Annual Operating
Expenses the tot",1 cost of Janitor Service and Janitorial Supplies. ~
'I
¡ ....
.~, ! oL - d.-d-.
~ ,c
,'~f. .
. 'j.>"
___.__,.~_______~._~____._._"__~._~_~_..~__..______._._....'_0·'·'·..·-.---...- __~______..;-______.___._~__.________________~___
____ _~_2I.a81.~ 999 .1.1..: 28 519-259-5558 J FRANK MAHONE-I PAGE 15
51_ With respect to nwnbered Paragraph 2.2 herein, it is agreed that Lessee -!"
shall be entitled to the use of Forty (40) vehicle parking spaces on the
'0" lot adjoining the demised premises, =eserved and unassigned.
I~.'.:. .", 52. Prior to the commencernent date hereof, Lessor shall, at Lessor's sole
,,' cost and e»pense, cause to have constructed within the demised
?f premises a nine (9') foot high partition together with door and existing
partition adjustments and relocations at the westerly terminus of said
partition all in accordance with the detailed plans for same, attached
hereto and marked E»hibit "c". Lessor shall also cause to be repaired
the skylight ceiling/wan located in designated area "C".
[t}l0
Lessee's InitiaJs
-.'.".\."
; ,:
.!<"..'...,."-.--....,'.. I J- - d- )
I '
,.or· .
~",' ~. ,,'
-_.~._-~..__.__...'"-- - --+-- ---~_._._~_._--_._._..._... .------------..---.------...,..-----.------. ----------.------------_._~----_._._-------- .-----
12/08/1'39'3 17:28 519-25'3-5558 J FRANK MAHONEV PAGE 16
EXHIaIT !IAn
b'O"> DER~RIPTION OF PREMISES
1..'1·'. '.....: Suite -~, 900 Lane Avenue, Chula Vieta, California ~~~~~,91914
t. i· consiotim¡ ot approxi~~~~.ta_5.n¡¡llqua_re feet or oHice area :ilJOJixJl
(" ~_¡tlliljO ¡i ii¡¡irJ(O\ C -~x,¡r,¡c,ux¡'¡'¡¡~~1IkItRX ¡RX ¡IIJlXX
',," ~_II<JtMJAX_Jetitiv"Cltlll"".CldXIXklCII_~>aN~"IIIIX.1SI.Jß
JtU'X¡)('i!!I<IIJlJ¡X__~_~J!IIIIIICO(
·-·___.·····'.._.__..__h_.., ."_......._"._.,,.. ...~... .. . ...' "...."'_.._.~...__.~..~_..,.._,......... ___._" ......,.
I m, ·01 \mE~1 :1:1\ m;ól~H¡¡t!m 1. ~~¡
1 ..p-I"·!J!J 051051> Coap,,,, Robarh .'M"~~ "UJ 287-;J"n ".OE ¡
T¡. E EASrLAKE ~ ROBE~Te I5I!!oH1m
COMPANY CC!'t1I!NCIÁI. "EII!!IN
I'IIUI:tMllo'" 6I"Aœ r-LANNtNl:!.
."""" ..."... .. """'-in' ... tiII1'I CIØ
I.IN _.ØÁ_
,..,,.,... """'.II¡m_
.......,....'.........
i '..
~', ,
". ,;
; '~
"fi:
A = 135 &.¡:.
It . ~ : :35~¡"
. 6GlJAAE FOotAGE CALCULATC>N& œ
IIe.UoIII'f ( J. _ à.,y
- --- -----",.-._--_...----- --~~- --- -~---~
-- ---_.~_...__... "..... ..-
". -,," .-. -~ -
-.........-.-..-..-..---- - - --..--.-"--...,,-....
12/0811999 17:28 519-259-5558 J FRANK MAHONEY PAGE 17
, KXHIB:I'1' "B" TO JaSB 01' PRmUSB$
900 LAlla AVUUIlõ, CØULA vnlTA, CALlPORJI'XA
i',,,;
:umI CRITXRU.
sign Type 4 - Entry Window Graphics
Sign Type 4 addresses the general standards for all graphics
placed on glass entry windows. S1gn Type 4 is li~ited to
buildings with ~ore than 2 entries. Sign Type 4
specifically applies to Building Type G.
1- Sign Type 4 shall be li~ited to the na=e of the
tenant and tenant'. busine.s hours.
2. Sign TyPe 4 may be placed on entry door or windows
to the left or right of entry door. (Figure 111.8)
3. TypestYle to be used is ITC Avant Garde Demibold,
I upper and lower case, 2" cap height for tenant name
and ITC Avant Garde, upper and lower ea.e, 1" cap
. . height for busin... hours, unl.s. a different
typestyle is integral with a trademark and/or
-~,:, logotype. Position i8 flush left. (Figure III. B).
;1!::
4. Material is to be white vinyl die cut letters
placed directly on the glasB. Ho other colors or
materials are allowed.
,
,
Page 1
~
/02--.,)..\
--.. ,--_._--_._-_._------~-_._- -- -~...._.._- --._--_..._.-._---~_._._._-----_.__.-.- ._.,_._.____._.___...._ .. __.,,~_w..~._._.____~_~._..~~. _________ _______.,____~_
12/08/1999 17:28 519-259-5558 J FRANK MAHONE V PAGE 18
~....'..'~.........; F!~u~. 11I.B - S1qn Type 4~ Entry Window G~ap~!cs
! '
i, '.:.'
,
: ¡
]
;1......'...... 5' -6·
I,:
"
,
Kye :: T."",,..,
[...1.··.······.·.. H 0 U rs 1 " ,~. "". '0",' i" f 0 ,ma" 0"
¡ ; It·
I, 8:00am 1· S..aineu hQI,I!;5 inforrn4~ion
IJ -d..c,
PAGE 2
"____ _ _____ _~______.___."___._._~ ._ _.._______~._____.________________. ___U'_
.----------.---.
EXHIBIT B
T~E EA5TLAKE COOPER liiioseRTð SENNetT
<=:oHM!:FeCIAt.. OE&'~
CoMFAN'f &PACE FLANNING
~NDo II&M . ., \III11tWm' IMIIE.IIm CIA
ÞAT!I øen.Mt IAN otmØ. CÀ tl2WS
t.1I12WMØIl "A)( (.,. m-JIH
...
A :: 135 &.F.
.,·6 = 8~1 Sf.
. C = 16~.3 5.F:
SQUA~ FOOTAC1E CALCULATON5 -m
--"
ICÞLI!I NT6 Id.- - d- '7
Exhibit C
FURNITURE INVENTORY:
Qty. Description Measurements
1 Table with 1 half-oval end 74" x 30"
6 Overhead shelf units 60" x 12"
4 Wood desk 60" x 30"
2 Wood credenza 97" x 27"
2 Wood connector shelf 37" x 19"
I Wood connector shelf 44" x 19"
1 Wood desk 75" x 19"
2 Wood desk returns 60" x 27"
1 Wood desk return 36" x 18"
1 Wood desk (74" x 37") with return (81" x 19")
6 Wood desks with returns
1 Wood desk with return and connector
3 Wood bookcases 32" x 12"
4 Wood credenzas 72" x 24"
1 Wood conference table
6 Conference chairs
PANEL INVENTORY:
Qty. Measurements
6 27 Yz" wide
4 30 W' wide
3 37 W' wide
1 44" wide
4 60" wide
H:/SHAREDIBLD _ HSalP A TRICIAlEXHlBlT ]URNIfURE
I ~ - J-J
-----. ----,,---,._._-_._-~--~._-
COUNCIL AGENDA STATEMENT
Item 13
Meeting Date 12/14/99
ITEM TITLE: Resolution Waiving the consultant selection process as impractical
and approving an agreement with Philip Williams & Associates (PW A) for
consulting services for the specialized streambed meander design of Poggi
Creek Channel as part of the Olympic Parkway Project and authorizing the
Mayor to execute said agreement
SUBMITTED BY: Director of Public Work~r¡¡t/
Director of Finance
REVIEWED BY: City Manager ~~ j)jZ' (4/Sths Vote: Yes_No X"'>
The US Army Corps of Engineers recently issued a 404 Permit to the City for the construction of
Olympic Parkway within the existing Poggi Creek. One of the conditions of granting this permit
was for the City to hire an independent consultant having expertise in stream restoration and
enhancement to create an acceptable channel design resulting in a meandering low-flow channel
which functions more like a natural stream. The 404 Permit conditions further required that the
stream meander plan be prepared within a very expedited time frame for submittal to the Corps.
Failure to meet the submittal schedule included in the permit will result in significant penalties to
the City including the possible revocation and modification of the permit.
Staff believes that the firm of PW A is best qualified to perform the services needed for this project
and the action tonight is to obtain Council approval of an agreement with PW A to perform the
consulting services necessary to satisfy the requirements of the Corps permit.
RECOMMENDATION: That Council adopt the resolution approving the contract with Philip
Williams & Associates for professional services not to exceed $130,000.00.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Obtaining the necessary environmental permits for the construction of Olympic Parkway was a very
lengthy and complicated process. The City received final environmental clearance to begin
construction of Olympic Parkway on October IS, 1999. The 404 Permit issued by the Corps
allowed the City to fill the existing wetlands (approximately 7.96 acres) within Poggi Creek for the
construction of Olympic Parkway. As a condition to this permit, the City was required to comply
with over eighteen general and special conditions including:
. Mitigating the impacts to the existing 7.96 acres of jurisdictional wetlands through the
creation of 15.01 acres of both on-site and off-site wetlands. The on-site creation of
wetlands is to be accomplished by the reconstruction and revegetation of the Poggi
Creek in an earthen channel adjacent Olympic Parkway. The off-site obligation is to be
i ',) -I
¡:..;
Page 2, Item
Meeting Date 12/14/99
fulfilled via the purchase of 4.29 acres of suitable wetlands outside of the project
boundary .
· Providing a final Poggi Canyon drainage design "including features that result in a
meandering low flow channel and more natural hydrology than exists in the Telegraph
Creek channel. An acceptable channel design shall be considered to be a design which
would create a meandering low-flow and semi-natural creek hydraulics in a fully
vegetated condition." The permittee (City) shall construct the channel low-flow
hydraulics in consultation with hydologists having experience with stream restoration
as approved by the Corps in coordination with US Environmental Protection Agency
(EPA), US Fish and Wildlife Service (FWS), Regional Water Quality Control Board
(RWQCB), and the California Department of Fish and Game (CDFG).
· Providing a final design submittal, that addresses and incorporates the required natural
stream functions and values, to the Corps within 100 days of receipt of the permit
followed by three subsequent sets of IS-day agency review and IS-day City revision
periods. If all three review/revision periods are necessary, the total allowed time to
complete and approve the design will be 190 days.
· In the event that the permittee (City) fails to meet the overall schedule, one-half acre
per week of delay will be added to the offsite mitigation requirements of the project. In
the event that the reviewing agencies fail to meet their review time schedules, the most
recently submitted design plans shall be deemed approved by all parties.
These conditions place a burden upon the City to perform a great amount of work within a limited
time frame to comply with the permit and avoid triggering the penalty of an additional liz-acre per
week of off-site mitigation or a modification or revocation of the permit.
Considering the critical time frames, the requirement for an independent consultant acceptable to
the agencies, and the specialized nature of this phase of the project, staff is recommending the
formal consultant selection process be waived for the following reasons:
1. The time needed for the formal selection process for the hiring of consultants will not allow the
City to meet the time frames required for design submittal as specified by the 404 Permit for
Olympic Parkway.
2. PW A has demonstrated the ability to provide the highly specialized services in the type of third
party hydrology, hydraulics, and geomorphic review and stream enhancement as is required to
fulfill the requirements of the 404 permit for Olympic Parkway.
3. PW A is experienced and staffed such that they can prepare and deliver the required services to
meet the timeframes required to comply with the 404 Permit
4. PWA has considerable experience in working the same agencies and agency staff personnel that
will be reviewing and approving the Poggi Creek channel design.
5. The reviewing agencies indicated that PW A will provide the desired level of independent
analysis which they were seeking in the third party review and stream enhancement design for
the Poggi Creek channel.
13- d-
- -"-"-..---...".-- --~-_._-_._._-- ...-..-.----.- ."~_.,--,-_._.--_.._-
Page 3, Item
Meeting Date 12/14/99
The scope of work and estimated fees for PW A's contract is broken into three phases as
summarized below. The contract is structured on a time and materials basis against an estimated
fee cap that can not be exceeded without authorization from the City. The alternative items may
not proceed without prior authorization from the City as well. Payment under this contract will not
be made until certain deliverables as specified in the contract are provided.
Phase 1 - Technical Analysis Est. Fee $60,000.00
Consultant will provide hydrologic, hydraulic, and geomorphic
analysis, review and design refinement/recommendations for the
Poggi Canyon drainage design for inclusion in the City's submittal to
the resource agencies
Phase 2 - Submittal and Agency Coordination Est. Fee $40,000.00
Consultant will synthesize results, graphics, and recommendations
from technical analysis and prepare a formal presentation to the
resource agencies. Consultant shall also provide consultation after
the formal submittal through the review and revision period.
Phase 3 - Alternate Services (Construction Monitoring & Est. Fee $30,000.00
Operational Assessment)
As alternate services, consultant may be asked to monitor the
construction and implementation of the design treatments. In
addition, if requested by either the City or the resource agencies,
Consultant shall assess after the system has been in place and
operational, the success of the treatments through field investigation,
monitoring and reporting.
FISCAL IMPACT: It has been previously determined by staff that the costs associated with the
mitigation of the wetland impacts due to the construction of Olympic Parkway are fully
Transportation Development Impact Fee (TDIF) eligible. There are sufficient funds available to
cover the full $130,000.00 maximum contract amount.
12/8/99 10:56 AM
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CONSULTANT PROCESS AS
IMPRACTICAL AND APPROVING AN AGREEMENT WITH
PHILIP WILLIAMS & ASSOCIATES (PWA) FOR
CONSULTING SERVICES FOR THE SPECIALIZED
STREAMBED MEANDER DESIGN OF POGGI CREEK
CHANNEL AS PART OF THE OLYMPIC PARKWAY PROJECT
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the U.S. Army Corps of Engineers recently issued
a 404 Permit to the City for the construction of Olympic Parkway
within the existing Poggi Creek; and
WHEREAS, one of the conditions of granting this permit
was for the City to hire an independent consultant having expertise
in stream restoration and enhancement to create an acceptable
channel design resulting in a meandering low-flow channel which
functions more like a natural stream; and
WHEREAS, the 404 Permit conditions further require that
the stream meander plan be prepared within a very expedited time
frame for submittal to the Corps; and
WHEREAS, failure to meet the submittal schedule included
in the permit will result in significant penalties to the City
including the possible revocation and modification of the permit;
and
WHEREAS, staff believes that the firm of PWA is best
qualified to perform the services needed for this project.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby waive the consultant process as
impractical for the following reasons;
1. The time needed for the formal selection process
for the hiring of consultants will not allow the
city to meet the time frames required for design
submittal as specified by the 404 Permit for
Olympic Parkway.
2. PWA has demonstrated the ability to provide the
highly specialized services in the type of third
party hydrology, hydraulics, and geomorphic review
and stream enhancement as is required to fulfill
the requirements of the 404 permit for Olympic
Parkway.
1
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3. PWA is experienced and staffed such that they can
prepare and deliver the required services to meet
the timeframes required to comply with the 404
Permit.
4. PWA has considerable experience in working with the
same agencies and agency staff personnel that will
be reviewing and approving the Poggi Creek channel
design.
S. The reviewing agencies indicated that PWA will
provide the desired level of independent analysis
which they were seeking in the third party review
and stream enhancement design for the Poggi Creek
channel.
BE IT FURTHER RESOLVED that the City Council does hereby
approve an Agreement with Philip williams & Associates for
consulting services for the specialized stream bed meander design
of Poggi Creek Channel as part of the Olympic Parkway Project, a
copy of which shall be kept on file in the office of the city
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
H:\home\attorney\reso\williams.agr
2
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Two Party Agreement
between
City ofChula Vista
and
Philip Williams & Associates (PW A)
for
Consulting Work on Olympic Parkway Project
This agreement ("Agreement") dated October 29, ] 999 for the purposes of reference only, and
effective as ofthe date last executed unless another date is otherwise specified in Exhibit A, Paragraph I
is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose
business fonn is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A,
paragraph 4, as Consultant, whose business fonn 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 of Chula Vista has detennined that it is in need of specialized design
services required for the enhancement of Poggi Canyon Creek Design - Olympic Parkway Project; and,
WHEREAS, Consultant warrants and represents 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 tenns and conditions of this Agreement; and,
WHEREAS, Consultant has demonstrated the ability to provide the highly specialized services in
the type of third party hydrology review required in obtaining the Olympic Parkway 404 Pennit, and,
WHEREAS, Consultant has experience in working with the Anny Corps of Engineers, the EPA,
and other agencies that will be reviewing the Poggi Creek Channel design for the Olympic Parkway
Project, and,
WHEREAS, the US Anny Corps of Engineers recently issued a 404 Pennit to the City for the
construction of Olympic Parkway within the existing Poggi Creek. One of the conditions of granting this
pennit was for the City to hire an independent consultant having expertise in stream restoration and
enhancement to create an acceptable channel design resulting in a meandering low-flow channel which
functions more like a natural stream. The 404 Pennit conditions further required that the stream meander
plan be prepared within a very expedited time frame for submittal to the Corps. Failure to meet the
submittal schedule included in the penn it will result in significant penalties to the City including the
possible revocation and modification of the pennit.
WHEREAS, pursuant to Chula Vista Municipal Code Section 2.56.070 competitive bidding is
impractical, and waive the nonnal consultant selection process because of Consultant's related design
projects, and reasonable fees.
2ptyagm.PW A I ") & Page 1
December 1999 ! _-:'..J
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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", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope ofW ork 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
Defmed 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 Defmed 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 II (C), unless a separate fixed fee is
otherwise agreed upon. All compensation for Additional Services shall be paid monthly as
billed.
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.
2ptyagm.PW A Page 2
December 1999 . r'
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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 ofloss 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 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 ofInsurance.
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.
(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.
(I) 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
2ptyagm.PW A Page 3
December 1999 ":;> 'I
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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 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 other than a Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetica1 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.
1. 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.
2ptyagm.PW A Page 4
December 1999 \3-1
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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 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 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
thereunder 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.
2. 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.
3. Term.
This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
4. 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 per-
formance. 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").
2ptyagm.PW A Page 5
December 1999
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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.
5. 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 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 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.
2ptyagm.PW A Page 6
December 1999 ¡ ::~ .. Ii
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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 that may result in a
conflict of interest for the purpose of the Fair Political Practices Act, and regulations
promulgated thereunder.
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 ITorn 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.
6. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, ITom and against all claims for damages, liability, cost
and expense (including without limitation attorneys' fees) arising out of the conduct of
the Consultant, or any agent or employee, subcontractors, or others in connection with
the execution of the work covered by this Agreement, except only for those claims
arising ITom the sole negligence or sole willful misconduct of the 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. Further,
Consultant at its own expense shall, upon written request by the City, defend any such
suit or action brought against the City, its officers, agents, or employees. Consultants'
2ptyagm.PW A Page 7
December 1999 i I'·'"
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indemnification of City shall not be limited by any prior or subsequent declaration by the
Consultant.
7. Tennination 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
tenninate this Agreement by giving written notice to Consultant of such tennination and
specifying the effective date thereof at least five (5) days before the effective date of such
tennination. 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 Tennination, not to exceed the
amounts payable hereunder, and less any damages caused City by Consultant's breach.
8. Errors and Omissions
In the event that the City Administrator detennines that the Consultants' negligence,
errors, or omissions in the perfonnance 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.
9. Tennination of Agreement for Convenience of City
City may tenninate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such tennination 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
tenninated 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 tennination. Consultant hereby expressly
waives any and all claims for damages or compensation arising under this Agreement
except as set forth herein.
10. 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
2ptyagm.PW A Page 8
December 1999 I P.) ._ /3
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the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph
17 to the subconsultants identified thereat as "Permitted Subconsultants."
11. 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.
12. 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 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.
13. 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 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.
14. 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
2ptyagm.PW A Page 9
December 1999 13- l¿f
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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.
15. 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.
16. 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 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.
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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 LawNenue
This Agreement shall be governed by and construed in accordance with the laws of
the State of California. Any action arising under or relating to this Agreement shall
be brought only in the federal or state courts located in San Diego County, State of
California, and if applicable, the City ofChula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City ofChula
Vista.
(End of page. Next page is signature page.)
2ptyagm.PW A Page 11
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Signature Page
Two Party Agreement
between
City of Chula Vista
and
Philip Williams & Associates
for
Consulting Services
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: ,19_ City of Chula Vista
By:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
Dated: Philip Williams & Associates
By:
JeffHaltiner, Managing Director
2ptyagm.PW A Page 12
December 1999 ! rd
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___ _..nu_'_'" ~._- . -..~-,....._._-- - - ----- ...-- - ._..___......_~_____.___'_ """"0 _._______..._...._....._.___._.._.._.__~____'___'__ ---.---
Exhibit A
Two Party Agreement
between
City of Chula Vista
and
Philip Williams & Associates
I. Effective Date of Agreement: October 29, 1999
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 ("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
Philip Williams & Associates
770 Tamalpais Drive, Suite 401
Corte Madera, CA 94925
5. Business Fonn of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
770 Tamalpais Drive, Suite 401
Corte Madera, CA 94925
Voice Phone (415) 945-0600
Fax Phone (415) 945-0606
2ptyagm.PW A Page 13
December 1999
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7. General Duties:
In accordance with Olympic Parkway 404 Permit, Special Condition No. 2-D (Attachment 1),
Consultant will work with the City of Chula Vista to refine the design of the
relocation/reconstruction of Poggi Canyon Creek through the two development sites involved in
the Olympic Parkway project, consultant will consult with the various State and Federal
regulatory agencies involved in the 404 Permit process including the Army Corps of Engineers,
the Environmental Protection Act, etc. The design project includes three constraints identified
by the City of Chula Vista, the development companies (with their contractors) and the
appropriate regulatory agencies. In accordance with the 404 Pennit, the constraints are as
follows:
· The proposed changes will be included within the designed "top of bank to top of bank"
alignment for proposed channel across top of channel.
· The project must comply with appropriate FEMA and other flood hazard management
criteria, as described in Attachment I.
· The project should be designed to provide long-tenn dynamic stability and minimal 10ng-
tenn required maintenance.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Phase I: Technical Analysis
Consultant will provide hydrologic, hydraulic, and geomorphic services to the City ofChula
Vista and the design team to develop additional design elements to expand geomorphic
diversity. Services will include assessment of existing channel morphology and function (and
data available from nearby reference channel reaches), review of the current channel design,
recommendations for channel modifications, and availability for consultation, meetings and
presentations with the project team, regulatory agencies or other appropriate stakeholders
under the guidance of the City Environmental Review Coordinator.
The specific tasks will include a geomorphic assessment of the existing channel reaches (and
in the off-site reference areas) to identifY geomorphic elements for potential inclusion in the
revised design, as well as constraints and opportunities that affect the feasibility of
implementing these treatments. The geomorphic elements include:
. Watershed and reach-scale characteristics (sinuosity, meander characteristics,
longitudinal profile, sediment budget features, etc)
. Local features: Channel cross-sectional area, width, depth, with depth ratio, sediment
properties, etc.
2ptyagm.PW A Page 14
December 1999 I i ,
"' -. , 1
..".,. , .'
- -- _.,~ ---.... .- --,-_.._---~-_._,., - --.---..----
Within the constraints identified in Section 7, Consultant will make initial recommendations
on those elements that appear beneficial to include the proposed stream design. Consultant
will work with the design engineers (Hunsaker & Associates and Rick Engineering) and
biologists to assess the feasibility and project implications of inclusion. Consultant shall
utilize the existing hydraulic computer model (HEC-RAS), prepared by above referenced
design engineers, to assess the potential hydraulic implications of the proposed options, and
conduct initial design refinement. Following Consultant's development and refinement of
design options, the Consultant will provide all information and support data to the team
engineers for final model testing, additional design refinement, and approval. Consultant
will provide information on the design options to the project engineers (Hunsaker &
Associates and Rick Engineering), who would then be responsible for including it in the
computer model and conducting the additional runs if determined by staff to be necessary.
Consultant shall prepare and submit draft summary report of the geomorphic, hydrologic, and
hydraulic analysis including design objectives, opportunities, and constraints.
Phase 2: Submittal and Agency Coordination:
With Project Team Members, Consultants shall synthesize results, graphics, and
recommendations from the technical analysis and prepare a formal presentation to the
appropriate environmental resource agencies' staff. During the presentation the Consultant
shall discuss Consultant's design experience, proposed design background, design options,
opportunities and constraints, and the selection of the recommended treatments.
Consultant shall prepare and submit final draft report to City and agencies that summarizes
the results of the geomorphic analysis and explains treatments to modify proposed channel.
Following the presentation to the agency staff, Consultants shall, within budget constraints,
coordinate between the agencies and the Project Team potential revisions or refinements of
treatments.
Phase 3: Construction Monitoring and Operational Assessment:
As an alternate service, if required by City or agencies, Consultant shall monitor the
construction and implementation ofthe design treatments.
As a second alternate service, if required by City or agencies, Consultant shall assess
functional operation of treatments through field investigation and monitoring.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
2ptyagm.PW A Page 15
December 1999 ,)
" '\
-- - -.--------.----..-.', ~-'-- _._--~-~----_._-,-,_._--
C. Dates or Time Limits for Delivery of Deliver abies:
Phase 1:
Deliverable No.1-I: Summary report of geomorphic, hydrologic, Dec. 24, 1999
and hydraulic analysis including design
objectives, opportunities, and constraints.
Deliverable No. 1-2: Presentation to City and agencies of design Dec. 24, 1999
concepts for modifications of existing
channel design.
Phase 2:
Deliverable No. 2-1: Coordination with agencies for preparation, Jan. 10,2000
submittal, and presentation to agencies.
Submit final draft report to agencies that
details the methodology used in the
hydrological review and explanation and
justification ofthe design.
Deliverable No. 2-2: Coordination of potential revisions and April 10, 2000
Refinements of channel treatments.
Phase 3:
Deliverable No. 3-1: Construction monitoring/implementation. TBD
Deliverable No. 3-2: Operational assessment of treatments including TBD
field monitoring.
D. Date for completion of all Consultant services: April 10, 2000 (or TBD)
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
( ) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000. (Best Rating of A V or better)
City of Chula Vista named as additional insured.
Business Auto Liability, if not included in Commercial General Liability.
( ) Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
2ptyagm.PW A Page 16
December 1999 ,
,
'+.-' - ,) ¡
~_.~__ _ _____..______.__u_,·._·~·_·______~___·__~·_··__~_·_____~~._.,,'_....___
( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability
coverage).
10. Materials Required to be Supplied by City to Consultant:
None.
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: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
1. ( ) Interim Monthlv 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. ( ) 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.
2ptyagm.PW A Page 17
December 1999 17 "~
...) - ,:I-
---_.._._~ .. ___.,______________._M_ ___,___._.__..".._
Phase Fee for Said Phase
1. $
2. $
3. $
1. ( ) Interim Monthlv 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 perfonned 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 perfonnance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the perfonnance of
said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow
according to the following tenns 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 Maximum Compensation amount, Consultant agrees that Consultant will
perfonn all of the Defined Services herein required of Consultant for the specified
amounts as listed below by phases, including all Materials, and other "reimbursables"
("Maximum Compensation"):
Phase I: Not to Exceed $60,000
Phase 2: Not to Exceed $40,000
Phase 3: Not to Exceed $30,000
2ptyagm.PW A Page 18
December 1999 1:2--):?
~ "'::'~
-..- - -_.,.__.._--_.._-------~. -..--..- "., -...... +---------.- -, .
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
Categorv of Employee Name of Consultant Hourly Rate
Principal Philip B. Williams, Ph.D., P.E. $155
Principal Jeffrey Haltiner, Ph.D., P.E. $150
Principal Elizabeth Andrews, P.E. $145
Principal Robert Battalio, P.E. $145
Principal John Gardiner, C.Eng., Ph.D. $130
Principal/CFO Alyse Jacobson $145
Senior Design Engineer Ann Borgonovo, P.E. $120
Senior Associate Phillip Pommier, P .E. $110
Senior Associate Keyin G. Coulton, P.E. $110
Senior Associate Bo Juza, Ph.D. $105
Senior Associate Michelle K. Orr $105
Associate Denis Ruttenberg, P .E. $95
Associate Roy Richardson, Ph.D. $95
Associate Kenneth Schwarz, Ph.D. $95
Associate Christopher Bowles, Ph.D. $95
Associate Aaron Mead, P.E. $95
Associate Christie Beeman $90
Associate Michael Barad, P .E. $85
Associate N. Christine Perala $85
Associate Ellen McClure $85
Associate Brendan DeTemple $80
Hydrologist Kathleen Pilat $75
Hydrologist Mike Lighthiser $75
Hydrologist Michael Burke $70
Hydrologist Stephen Blanton $65
Field Services Manager James Kulpa $80
Graphic Designer Brad Evans $70
CAD Design Ted Hayden $70
Assistant Business Manager Jan Hitchcock $60
Report Production Manger Mikki Steinberg $65
Assistant to the President Rebecca Wilson $60
Secretary Michelle Knutson $55
Technicians Various $30-60
2ptyagm.PW A Page 19
December 1999 ¡3-d'-f-
.-. --...--..-- "--.- "..-----~-~------~--_.,_.,"'_._-_._'-~-_._,._._-----_.-.-----.------
Expenses are invoiced at 115% of cost. Unless expressly provided for within the contract, rates on
all contracts are subject to increase of January 1,2001. Rates for deposition and trial time are 1.5
times those shown above. Balances not paid within 30 days may be subject to a monthly interest
charge of 1.5%, not to exceed an annual rate of 18.0%.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the perfonnance 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: Marilyn Ponseggi
Environmental Review Coordinator
Consultant: Philip Williams
President
14. Liquidated Damages Rate:
( X) Not Applicable.
( ) $ per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
(X)Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
2ptyagm.PW A d,.-' Page 20
December 1999 ! --;;. - ::.;;
;-'"
- ".-.,,- - -.---, ----~-"_."_._--~-".-.~------ .__.~._-_..-
( ) Category No.1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of income subject to the
regulatory, pennit 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.
( ) 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. Pennitted Subconsultants:
None
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
2ptyagm.PW A Page 21
December 1999 ,
13-:;2(0
---..~- --.-..-..-- ------~ --.--
(X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: STM-331
19. Security for Perfonnance
( ) Perfonnance 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 detennines that the Retention Release Event, listed below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(X) Completion of All Consultant Services to satisfaction of City Contract Administrator.
( ) Other:
2ptyagm.PW A 13-~1 Page 22
December 1999
~_._-_..'~----_._--_._._--_.'---'---'- - ---,...---- .- - ~--_._--_...._--_..__._,.,..-_.- -.---.. _ _ w______ _ ._____________.___._____._..___.________.__________,________ ___._.
COUNCIL AGENDA STATEMENT
~
Item
J Meeting Date rr!
ITEM TITLE: Public Hearing on the acquisition of certain property rights on a portion of
land located within Village Five of the Otay Ranch SPA One for the
construction of a Paseo and Park P-9
Resolution Finding the declaring public interest and
necessity for acqumng and authorizing condemnation and immediate
posssession of certain real properties for fee simple, and pennanent and
temporary slope and drainage easement interests to satisfy off-site conditions
for Otay Ranch SPA One, Chula Vista Tract 97-02 ("TM 97-02") for the
Otay Ranch Paseo and Park Project
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager (4/5ths Vote: Yes--X- No_)
Tonight, Council will hold a Public Hearing to consider the approval of the Resolution for initiating
eminent domain proceedings to acquire the fee simple of a portion of land that will accommodate
portions ofthe Paseo and Park P-9 in Village Five of the Otay R~ch SPA One. The condemnation
will also include the granting of temporary and pennanent easements for slope and drainage
purposes, which are necessary to construct said paseo and park.
RECOMMENDATION: That Council:
1) Hold the public hearing; and,
2) Approve the Resolution to commence the eminent domain process.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Village Five of the Otay Ranch Sectional Planning Area (SPA) One plan consists of approximately
494 acres, 2,480 dwelling units, a 10 acre school site, 10.1 acres for Community Purposes Facilities
and 17.3 acres designated for parks. McMillin Companies has been actively developing the western
portion of Village Five. Currently, residential housing construction is underway and several houses
have already closed escrow. Because McMillin is developing first, they have been required to
construct the entire Paseo and Park P-9. McMillin has already dedicated to the City all the on-site
property needed for the paseo and park (see Attachment "A).
Portions of the proposed paseo and park are situated on a parcel ofland (Parcel 35A) owned by the
Stephen and Mary Birch Foundation ("Owners"). McMillin has been unsuccessful in an attempt to
acquire the land needed for constructing these improvements. As the last resort, McMillin has
Il.f-I
-."-- --,.-."..,..-.,....----.--.---..-..--.--.'-.-'.... -----_._-_._-"-_._-~_.._.,-
Page 2, Item
Meeting Date 12/7/99
requested City to initiate condemnation proceedings for acquiring the property rights needed to
satisfy their off-site obligations. The portion of land that will accommodate the paseo and park
would be acquired in fee simple. The temporary and permanent easements for slope and drainage
purposes are also needed to make the proposed grading work with the existing terrain. An exhibit
of the proposed acquisitions and easements are shown in Attachment "B".
The southerly end of the paseo is located within land owned by the Otay Ranch Company. This
portion of the paseo will be dedicated on a final map, which will be brought to Council during the
first quarter of year 2000.
In order to acquire real property for public purposes, pursuant to Government Code Section 7267.2
the City must make an offer to purchase the property for an amount constituting "just compensation".
On November 12, 1999 the City mailed to the Owners an offer, in the amount of $127,000, to
purchase the necessary property rights. This offer was based on an appraisal and complied with all
the requirement of Government Code Section 7267.2.
If an agreement for the voluntary purchase of the property cannot be reached, the City may then duly
notice and conduct a public hearing to consider whether or not to acquire the property by the exercise
of its power of eminent domain. Thus, on November 19, 1999, letters were sent notifying Owners
of a public hearing scheduled for December 7, 1999, of Council's intent to consider adopting a
"Resolution of Necessity" for the acquisition of the subject property rights. The letter informs them
of their right to appear and to speak to the City Council with regard to the City's right to acquire said
property.
Tonight, Council is requested to initiate eminent domain proceedings now, in the event negotiations
with the Owners prove fruitless. Negotiations will continue as we hope a settlement will be reached
with the Owners without having to obtain a final order of condemnation from the court. At the
public hearing, pursuant to Civil Procedure Code Section 1240.030, the City must make the
following findings and determinations (a brief discussion supporting staff recommendation is also
included):
A. The public interest and necessity require the project
The Otay Ranch General Development Plan (GDP) establishes the development policies for
the Otay Ranch based on a series of villages. The urban villages are to be organized to
promote pedestrian travel to the village core. Residential neighborhoods surrounding the core
are required to be connected by pedestrian systems. Village Five is an Urban Village where
the village core will be served by light rail transit. The paseo in the project provides the only
separated pedestrian connection for the residential neighborhoods to the village core and
transit station. The right-of-way for the paseo straddles the property line between the
McMillin property and the property which is the subject of this condemnation. Because
McMillin's development is going first, development of the entire paseo has been imposed
on McMillin as an off-site condition. Acquisition of the balance ofthe paseo is necessary
I~· ~
______d.___ -----". - -----,----_.._------._-~.~-~._-_._.._--
Page 3, Item
Meeting Date 12/7/99
to complete the pedestrian connection. In addition, the paseo connects the regional trail in
Telegraph Canyon to the Village Five core and the regional trail in Poggi Canyon.
The GDP also establishes park requirements for the Otay Ranch that implements the City's
park requirements of 3 acres of parkland for every 1,000 residents. The SPA One Plan
identified the location for the required parks in Village Five. The SPA plan located Park P-9
at the northern end of the paseo. In order to implement the SPA One Plan and comply with
the City's Parkland Dedication Ordinance, it is necessary to acquire the balance ofthe park
proposed in the project.
B. The project is planned or located in a manner that will be the most compatible with the
greatest public good and least private injury
Both the paseo and park were designated on the SPA One Plan and the Master Tentative Map
for Village Five. The paseo and park were designed to provide the future residences of
Village Five with pedestrian access to the Village Five core and sufficient parkland to meet
the recreational needs for the neighborhoods. The taking of the paseo and park will
implement and are consistent with the current approved discretionary actions on the property.
Dedication of the paseo and park would be required if the Owners were to process their own
Final Maps implementing the approved SPA Plan and tentative map. Only property for the
paseo, park and supporting slope rights are being acquired limiting the impact to the Owners.
If the owner ofthe property of which is subject to the condemnation was far enough in the
process, they would be required to make the improvements to the paseo. Their right to
develop their property in accordance with the tentative map 96-04 has been protected by the
reservation of rights in the deeds describing the taking.
C. The property sought to be acquired is necessary for the project
The property sought in the acquisition is for the paseo and park that were planned to serve
the residents of Village Five. Both were design and planned on the SPA One Plan and
Master Tentative Map for Village Five. Only property for the paseo, park and supporting
slope rights are being acquired.
The paseo and park are part of Village Five in the SPA One Plan and Master Tentative Maps. The
SPA One Plan and Master Tentative Map were analyzed by Otay Ranch GDP Program Final EIR
90-01 and Subsequent Final ElR 95-01 for SPA One. The GDP ElR was certified on October 28,
1993 and SPA One EIR was certified by the City Council on June 4, 1996. The Environmental
Review Coordinator has determined than no additional review is necessary.
The adoption of the requested "Resolution of Necessity" will initiate the proceedings to acquire the
necessary property rights for the paseo and Park P-9. The commencement of the eminent domain
proceeding will require the filing of a complaint with the Superior Court.
¡ ø:
¡
-~-_._..__... ---_...~... ._.---------
Page 4, Item
Meeting Date 12/7/99
The City Attorney has reviewed the "Resolution of Necessity" and determined that the requested
action is in accordance with all applicable laws, City codes and ordinances. Our right-of-way
acquisition consultant, Linda D. Bartz, is available at the Council meeting tonight, to answer any
questions concerning the proceedings.
FISCAL IMP ACT: None. McMillin, the Developer, shall pay the full cost of acquiring off site right
of way and easements required to fulfill their off-site conditions.
The cost of acquisition of the right -of-way is approximately $127,000 for the actual property value
plus an additional amount for condemnation costs depending on whether or not the property owners
legally challenge the City's right to acquire the property or the amount of compensation being
offered.
Attachments:
A - Village Five
B - Plat of Acquisition Area and Easements
H:IHOMEIENGINEER\AGENDA \All JOR227.DOC
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PARCEL "D"
PARCEL "F"
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LEGEND
.. INDICATES FEE ACQUISITION AHA
PAIlCEI. "A.. 0.134 AC~ I'MCEt.... 1.Z0I ACRES
j I'ARCEt P" O.Sfl ACIIIS
, D INDICATES !EIlMANENT Sl.0/If EASEMENT
i
, PMelt .,..0.#$ ACMS 4 PMeEt "1"'·0.439 ACRES
- INDICATES TEMfIOlfARY Sl.0/If EASEMENT
PMelt "D". 4.701 ACItES
RICK ENGINEERING COMPANY
CML ENGINEERS· SURVEYORS' PLANNERS
5620 FRIARS ROAD. SAN DIEGO McMILLIN OrA Y IViNCH SPA I
CA. 92110-2596 PHONE: (619) 291-0707 I'ASéO AND PARK CONDEMNATION
PROJECT NUMBER. J-13126N J ¥"~) ~.
DATE. NOV. 22. 1999
,
__ ___ "u _ _ ..__._"'._____._,___.___". .
¿-99 04:22P Linda Bartz & Associates 619 237 5110 P.02
AGENDA ITEM #
DATE: DECEMBER 7, 1999
SUBJECT: Public Hearing Re: Improvements for Otay Ranch Park and Paseo
Consideration of Resolution of Necessity Authorizing Condemnation
OUTLINE OF PUBLIC HEARING
I. Open the Public Hearing and call for Staff Report:
------------------------ (Staff Person)
II. Clarifying questions from Council to Staff
III. Call for Speakers in Opposition to Project
IV. Call for Speakers in Support of Project
V. Call for other Public Comment
VI. Call for additional Staff input, if necessary
VII. Close the Public Hearing
VIII. Council Discussion
IX. Mayor calls for Motion; Second; and Vote
(two-thirds vote of Council required to pass)
POSSIBLE MOTIONS:
1) Move to Adopt the Resolution of Necessity as recommended by staff,
including the Findings contained in the Staff Report;
OR
2) a. Move to approve staff recommendation with amendment(s); or
b. Move to continue (i.e. for further fact finding);
OR
3) Do not approve condemnation, project cannot proceed unless property
is voluntarily conveyed to City.
/ rJ
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..-- ....._------~---~~
/À
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
FINDING THE DECLARING PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE
POSSESSION OF CERTAIN REAL PROPERTIES FOR FEE SIMPLE, AND
PERMANENT AND TEMPORARY SLOPE AND DRAINAGE EASEMENT
INTERESTS TO SATISFY OFF-SITE CONDITIONS FOR OTAY RANCH
SPA ONE, CHULA VISTA TRACT 97-02 ("TM 97-02") FOR THE
OTAY RANCH PASEO AND PARK PROJECT
WHEREAS, the City of Chula Vista is a Charter City of the
State of California; and
WHEREAS, in connection with its municipal purposes, it appears
necessary for the City of Chula Vista to acquire certain fee
simple, and permanent and temporary slope and drainage easement
interests (referred to herein collectively as "Project") to satisfy
off-site conditions for TM 97-02 for the Otay Ranch Paseo and Park
Project; and
WHEREAS, public interest, convenience and necessity require
the acquisition of fee simple, and permanent and temporary slope
and drainage easement interests to satisfy off-site conditions for
TM 97-02 for the Project in the real property more particularly
described and depicted on Exhibit "Aft thereto, on file in the city
Clerk's Office; and
WHEREAS, a Final Environmental Impact Report, and addendum for
the Project, complying with the California Environmental Quality
Act were approved by City Council on June 3, 1997, by its
Resolution No. 18686; and
WHEREAS, said Project is planned and located in a manner that
will be most compatible with the greatest public good and the least
private injury; and
WHEREAS, said real properties, and fee simple, and permanent
and temporary slope and drainage easement interests therein, are
necessary for the Project; and
WHEREAS, said real properties are located entirely within the
territorial limits of the city of Chula Vista; and
WHEREAS, the City of Chula vista is authorized to acquire said
I
I
-- ---------------..---------------------.---.-------------------
real properties, permanent and temporary slope, and drainage
easement interests therein by eminent domain pursuant, inter alia,
to California Constitution Article 1, Section 19; California
Government Code Sections 37350.5, 38002, 38010, 38900, 39732,
40401, 40404, and 66410, et seq. ; California Code of civil
Procedure Sections 1240.010, 1240.110, 1240.120, and 1255.410.
WHEREAS, offers to purchase the required interests in the real
properties necessary for the Project have been made to the owners
of record pursuant to Section 7267.2 of the California Government
Code which offers have not been accepted; and
WHEREAS, the City of Chula vista has provided notice to the
persons designated in Section 1245.235 of the Code of Ci vil
Procedure, and has provided all such persons a reasonable
opportunity to appear and be heard on the matters referred to in
Section 1240.030 of the Code of civil Procedure.
NOW THEREFOR, BE IT RESOLVED that the Council of the City of
Chula vista finds and determines and hereby declares, by a vote of
not less than two-thirds of its members, as follows:
l. That the above recitations are true and correct;
2 . The staff report and all evidence presented at the public
hearing for this matter have been reviewed and
considered.
3. That the public interest, convenience and necessity of
the city of Chula Vista and the inhabitants thereof
require the improvements and appurtenances thereto in
connection with the Otay Ranch Pas eo and Park Project.
4. That the improvements and appurtenances thereto to be
constructed upon, over, under, along, and across the real
property described and depicted in Exhibit "All thereto
have been planned and located in the manner which will be
most compatible with the greatest public good and the
least private injury.
5. That the real property, fee simple, and permanent and
temporary slope and drainage easement interests therein,
are described and depicted in Exhibit "A" thereto, are
2
I
~_.._.__._._-
necessary for the proposed Project.
6. That offers, as required by Section 7267.2 of the
California Government Code, have been made to the owners
of record of the property to be acquired, and the notice
and opportunity to appear before the City Council as
required by Section 1245.235 of the California Code of
Civil Procedure have been given.
7. That the city of Chula vista and all appropriate
officers, representatives and attorneys are hereby
authorized and directed to acquire the real property
described and depicted in Exhibit "A" thereto, in the
name of and on behalf of the City of Chula vista, and to
that end are hereby authorized and directed to commence
and prosecute an action in eminent domain for the purpose
of acquiring said real property and fee simple, and
permanent and temporary slope and drainage easement
interests therein and to obtain an order for immediate
possession in the manner provided by law.
Presented By: Approved as to form by:
Ov-- ~ {r9--'-
John P. Lippitt John M. Kaheny
Public Works Director city Attorney
H:\shared\engineer\or227res.wpd
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....~._.- .... __,___..._____u ._.._____________ ....--- ------_._._~-_._---
Exhibit" A"
" .-
Recording rèques/ed by and
please return /0:
CilJ' Clerk
Ciry' of Cbula Vista
P.O. Box 1087
Cbula Vista, CA 91912
This inslrumeTÚ benefits City only.
No fee required ... (This space for Recorder's use, onM, ...
APN(s) Portion of 643-01 0-1 0 C.V. File No.
-
GRANT DEED FOR PARK PURPOSES
FOR A VALUABLE CONSIDERATION, receipt ofwbich is hereby acknowledged,
Steuben & Marv Birch Foundation. Inc. a Delaware Comoration
represenls that, as the owncr(s) of the herein-dcscnced real propeny (in the case of multiple owners. collectively referred
to as "Grantor"), Grantor hereby granls to TIIE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the
following real property situated in the City of Chula Vista, County of San Diego, State of California and more
particularly desenced as follows
See Exbibit "A" - Legal Description, Attached Hereto and Made a Part Hereof
Signed this day of 19_
Grantor Signatures:
(Notary Acknowledgment required for each signatory.)
This is.to certify that the interest in real property conveyed herein to the City of Chula Vis/a, a governmental agency.
is hereby accepted by /Joe undersigned, City Clerk, on behalf of the Chula Visto City Council pursuant to authority
conferred by Resolution No. J 5645 of said Council adopted on June 5, J 990. and the gran/ee(s) consent(s) to the
recardation thereof by its duly authorized officer.
SUSAN BIGELOW
CITY CLERK
By: Date: .'
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jb/l J I 26n/formslgnmtded.002
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STATE OF CALIFORNIA >
COUNTY OF >
On before me,
¡
personally appeared
-
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-
personally latown to me (or proved to me on the basis of satisfactOIY evidence) to be the person(s)
whosename(s) ìslare subscñbed to the wìthìnffistrument and acknowledged to me that he/she/they
executed the same ìnJris/her/their authorized capacity(ies), and that by hislher/their signature(s) on
the ìnstrument the person(s) or the entity upon behalf of which the person(s) acted, executed the
"ìnstrument.
WITNESS my hand and official seal.
Sìgnature
notary.one
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J-1 31 26N EXHIBIT A
FEE ACQUISITION
PARCEL MA"
I
All that portion of Fractional Section 4, Township 18 South, Range 1 West, San
Bernardino Meridian, in the City of Chula Vista, County of San Diego, State of
- California, described as follows:
Commencing at the Northeast comer of Parcel 1 of Certificate of COrQpliance recorded
September 12, 1997 as Document No. 1997-0443746 being a point on the Easterly
line of Rancho De La Nacion; thence South 17"52'24" East along the Easterly line of
said Rancho and the Easterly line of said Parcel 1 a distance of 346.39 feet to the
:rRUE POINT OF BEGINNING; thence leaving said lines South 61 °45'19" East 36..99
feet; thence South 02°48'36" East 62.12 feet; thence South 17°52'24" East 144.18
feet; thence South 21 °39'44" East 108.96 feet; thence South 13°52'16" East 81.76
feet; thence South 16°23'16" East 56.83 feet; thence South 72°07'35" West 9,52
feet to a point on said Easterly lines; thence along said lines North 17°52'24" West
477.92 feet to the TRUE POINT OF BEGINNING.
Containing 0.135 acres more or less.
¡;£¿z5~~ ro-¡z-~
Robert G. Schoettmer L.S. 4324
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Recording requested by and
please return to:
Cit)· Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument bentifi1s City only.
No fee required . ... (This space for Recorder's use. onl;j ...
APN(s) Portion of64~IO-l0 C.V. File No.
-
GRANT DEED FOR PARK PURPOSES -
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Stephen & Marv Birch Foundation. Inc. a Delaware Cornoration
represents that, as the owner( s) of the herein-described real property (in the case of multiple owners, collectively referred
to as "Grantor"), Grantor hereby grants to THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the
following real property situated in the City of Chula Vista, County of San Diego, State of California and more
particularly described as follows
See Exhibit.. A" - Legal Description, Attached Hereto and Made a Part Hereof
Signed this day of , 19_
Grantor Signatures:
(Notary Acknowledgment required for each signatory.)
This is to certijý that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency,
is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority
conferred by Resolution No.1 5645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the
recordation thereofby its duly authorized officer.
SUSAN BIGELOW
CITY CLERK
By: Date:
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jb/13126n/forms!grantded.OO2
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STATE OF CALIFORNIA >
COUNTY OF >
On before me.
t
,
personally appeared
-
,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed -the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on
the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
notary.one
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J-13126N EXHIBIT A
FEE ACQUISITION
PARCEL RB"
I
All that portion of Fractional Section 4, Township 18 South, Range 1 West, San
Bernardino Meridian, in the City of Chula Vista, County of San Diego, State of
- California, described as follows:
Commencing at-the Northeast corner of Parcel 1 of Certificate of Compliance recorded
September 12, 1997 as Document No. 1997-0443746 being a point on the Easterly
line of Rancho De La Nacion; thence South 1 7 °52' 24" East along the Easterly line of
said Rancho and the Easterly line of said Parcel 1 a distance of 824.31 feet to the
TRUE POINT OF BEGINNING; thence leaving said lines North 72°07'35" East 9.52
feet; thence North 72°07'38" East 8.00 feet; thence North 87°30'24" East 28.82
feet to the beginning of a non-tangent 37.00 foot radius curve concave Northeasterly,
to which a radial line bears North 82°22'59" West; thence Southeasterly along the arc
of said curve through a central angle of 157°09'28" a distance of 101.49 feet; thence
North 75°09'51" East 74.89 feet; thence South 46°38'35" East 17.76 feet; thence
South 17"36'22" East 160.25 feet; thence South 11 °13'43" East 75.01 feet; thence
South 57°48'25" West 155.79 feet; thence South 57"48'26" West 13.57 feet;
thence South 72°07'34" West 13.12 feet to a point on said Easterly lines; thence
along said lines North 17"52'24" West 347.38 feet to the TRUE POINT OF
BEGINNING.
Containing 1 .208 acres more or less.
.ßL;( ./7 ~ '~/I.-¥'1
Robert G. Schoettmer L.S. 4324
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Recording requested b)' and
please return to:
Cil)' Clerk
Cil)' of Cbula Vista
P.O. Box 1087
Cbula Vista, CA 91912
This instrument benefits City only.
No fee required .... (This space for Recorder's use, onlX ....
APN(s) Portion of 643-010-10 C.V. File No.
-
GRANT DEED FOR PARK PURPOSES
-
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Steuben & Marv Birch Foundation. Inc. a Delaware Corooration
represents that, as the owner(s) of the hèrein-described real property (in the case of multiple owners, collectively referred
to as "Grantor"), Grantor hereby grants to THE CITY OF CHULA VISTA, A MUNJCIPAL CORPORATION, the
following real property situated in the City of Chula Vista, County of San Diego, State of California and more
particularly desmeed as follows
See Exhibit.. A" - Legal Description, Attached Hereto and Made a Part Hereof
Signed this day of . 19_
Grantor Signatures:
(Notary Acknowledgment required for each signatory.)
This j¡; to certifY that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency,
is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority
conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the
recordation thereof by its duly authorized officer.
SUSAN BIGELOW
CITY CLERK
By: Date:
I y.-/1
jb/13126n/forms/grantd~d.OO2
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.'
>
STATE OF CALIFORNIA >
COUNTY OF >
On before me.
t
,
- personally appeared
,
-
personally known 10 me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) islare subscribed to the within instrument 1!Ild acknowledged to me that he/she/they
executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature( s) on
.the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
notary .one
I ~ ~ d-Q
- --~._- ""--"-"'~-------'--'--'-'- --- -_._--~-"._~--~.".,----
· .'
J-13126N EXHIBIT A
FEE ACQUISITION
PARCEL MC"
I
All that portion of Fractional Section 4, Township 18 South, Range 1 West, San
Bernardino Meridian, in the City of Chula Vista, County of San Diego, State of
- California, described as follows:
Commencing at the Northeast corner of Parcel 1 of Certificate of COllìPliance recorded
September 12, 1997 as Document,No. 1997-0443746 being a point on the Easterly
line of Rancho De La Nacion; thence South 17°52'24ft East along the Easterly line of
said Rancho and the Easterly line of said Parcel 1 a distance of 1171.69 feet to the
TRUE POINT OF BEGINNING; thence leaving said lines North 72°07'34" East 13.12
feet; thence South 23°25'37" East 31.28 feet; thence South 17°26'11" East 28.55
feet; thence South 19°53'21" East 18.32 feet; thence South 21 °25'13" East 42.83
feet; thence South 24 °20'44" East 56.74 feet; thence South 12°03'54" East 152.44
feet; thence South 17"44'20" East 49.34 feet; thence South 28°34'57" East 16.32
feet; thence South 41 °52'34" East 13.45 feet; thence South 38°03'33" East 15.20
feet; thence South 32°24'09" East 18.92 feet; thence South 25°34'00" East 19.69
feet; thence South 17"51'57" East 23.50 feet; thence South 09°04'28" East 132.06
feet; thence South 14°49'48" East 23.61 feet; thence South 18°10'16" East 71.38
feet; thence South 20°23'53" East 77.49 feet; thence South 30°51'01" East 48.70
feet; thence South 11 °31 '32" East 39.53 feet; thence South 20°23'51" East 16.41
feet; thence South 43°04'16" East 20.38 feet; thence South 62°30'35" East 36.57
feet; thence South 45°58'04" East 16.74 feet; thence South 25°21'52" East 17.33
feet; thence South 06°53'03" East 18.73 feet; thence South 19°43'19" West 54.87
feet; thence South 06°43'13" West 32.89 feet; thence South 09°30'54" East 34.89
feet; thence South 17"52'01" East 249.03 feet to a point on the Northerly line of Lot
3 of said Fractional Section 4; thence North 88°44'42" West along said line 1 0.05
feet to a point on said Easterly lines; thence along said lines North 17"52'24" West
1336.47 feet to the TRUE POINT OF BEGINNING.
Containing 0.591 acres more or less.
ß~4 -4f ~·IO-I2.-9,
Robert G. Schoettmer L.S. 4324
jb/13126n.OO2
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_____~ _ _______~"_"_______~___ __,_____m
-l
.......-. , Recording Requested by and
., - -
Please Return to:
City Clerk
City ofChula Vista
P.O. Box 1087
Chula Vista., California 91912
This Instrument BenejiJs City Only.
No Fee Required.
... This Space for Recorder's Use Onlv ......
APN(s) Portion of64~10-10 C.V. File No.
- TEMPORARY EASEMENT FOR SLOPE & DRAINAGE PURPOSES
FOR A V ALUABLECONSIDERATION, receipt ofwmch is hereby acknowledged,
-
Steohen & Marv Birch Foundation. Inc.. a Delaware Comoration
hereby grant(s) to the CITY OF CHULA VISTA, a municipal corporation, in the County of San Diego, State of
Çalifornia, an easement for and the right to construct, replace, maintain, remove, or modify slope and drainage facilities
in, upon, over, and across that certain real property situated in said City of Chula Vista and more particularly described
as follows:
(SEE EXHIBITS "A" & "B" ATTACHED HERETO AND MADE A PART HEREOF)
Together with the right to enter upon and to pass and repass over and along said easement and to deposit tools,
implements and other materials thereon by said City of Chula Vista., its officers, agents and employees and by any
contractor, his agents, and employees engaged by said City, whenever and wherever necessary for the purposes set forth
above.
RESERVING unto Grantor of the above-descnèed parcel of land, his successors or assigns, the right to eliminate such
slopes and/or drainage structures or portions thereof, when, in the opinion of the City Engineer, the necessity therefor
is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved
in writing by said City Engin= or upon approval of a grading permit consistent with Tentative Map known as Otay
Ranch SPA One, ChuIa Vista Tract 96-04 filed August 9, 1996 or any other grading permit approved the the City
Engineer.
Signed this day of 199_
By: Stephen & Mary Birch Fonndation, Ine., a Delaware Corporation
By:
Date
By:
Date
This is to certify that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency,
is hereby accepted by the undersigned City Clerk, on behalf of the Chula Vista City Council pursuant to authority
conferred by Resolution No. 15645 of said Council adopted on June 5. J 990, and the grantee(s) consent(s) to
recordation thereof by its duly authorized officer.
SUSAN BIGELOW, CITY CLERK
By: Date:
~ J l ?,
jb//3/26n1forms/easslo.OOJ l fØt""" .~
. ,
---- - -- - "--.-. -- - -~~,----,-~------------
"
-.
>
STATE OF CALIFORNIA >
COUNTY OF >
On before me.
t
personally appeared
-
,
-
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person( s)
whose name(s)is/are subscribed to the within instrument and aclmowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and thai by hislher/their signature( s) on
the instrument the person( s) or the entity upon behalf of which the person( s) acted, executed the
instrument.
WITNESS my hand and official seaL
Signature
notaIY.~ne
p_'C
- - - _._.~_..._._--.---._...---_._--'-.
"
J-13126N EXHIBIT A
TEMPORARY SLOPE EASEMENT
PARCEL UD"
I
All that portion of Fractional Section 4, Township 18 South, Range 1 West, San
Bernardino Meridian, in the City of Chula Vista, County of San Diego, State of
- California, described as follows:
Commencing at the Northeast corner of Parcel 1 of Certificate of Compliance recorded
September 12, 1997 as Document No. 1997-0443746 being a point on the Easterly
line of Rancho De La Nacion; thence South 17°52'24" East along the Easterly line of
said Rancho and the Easterly line of said Parcel 1 a distance of 117.87 feet to the
TRUE POINT OF BEGINNING; thence leaving said lines South 89°22'04" East 52.87
feet; thence South 43°18'53" East 175.82 feet; thence South 07"55'45" East
177.66 feet; thence South 11 °51 '12" East 86.12 feet; thence South 16°34' 16" East
193.42 feet; thence South 80°07'12" East 202.90 feet; thence South 15°49'39"
East 222.53 feet; thence South 06°57'44" East 118.24 feet; thence South
49°51 '46" West 148.28 feet; thence South 23°06'07" East 102.49 feet; thence
South 16°59'22" East 56.61 feet; thence South 13°51 '10" East 68.08 feet; thence
South 1 0°51 '46" East 51.53 feet; thence South 20°37'59" East 32.13 feet; thence
South 41 °00'42" East 56.85 feet; thence South 22°19'56" East 37.23 feet; thence
South 09°08'46" East 162.27 feet; thence South 27"32'57" East 203.84 feet;
thence South 60°32'54" East 44.74 feet; thence South 41 °32'52" East 1 05.86 feet;
thence South 11 °21'21" East 78.02 feet; thence South 13°28'27" West 52.36 feet;
thence South 29°33'56" West 36.95 feet; thence South 17°28'08" East 80.93 feet;
thence South 19°11'30" East 202.00 feet to a point on the Northerly line of Lot 3 of
said Fractional Section 4; thence along said line North 88°44'42" West 124.37 feet;
thence leaving said line North 11 ° 18'11" West 267.86 feet; thence North 35 ° 1 0'35"
East 118.87 feet; thence North 11 °29'29" West 45.11 feet; thence North 41 °32'5~"
West 39.31 feet; thence North 83°05'31" West 130.24 feet; thence North
11 °31'32" West 39.53 feet; thence North 30°51'01" West 48.70 feet; thence North
20°23'53" West 77.49 feet; thence North 18°10'16" West 37.50 feet; thence North
72°01'56" East 29.29 feet; thence North 27°54'04" East 21.35 feet; thence North
15°32'58" West 105.14 feet; thence North 55°13'01" West 13.82 feet; thence
No~h 16°52'09" West 142.09 feet; thence North 38°42'43" West 17.85 feet;
thence North 19°23'02" West 39.41 feet; thence North 10°33'07" West 86.70 feet;
thence North 16°59'54" West 99.46 feet; thence North 75°06'18" West 39.62 feet;
thence North 17°14'23" West 137.32 feet; thence North 57°48'25" East 155.79
feet; thence North 11°13'43" West 75.01 feet; thence North 17°36'22" West
160.25 feet; thence North 46°38'35" West 17.76 feet; thence South 75°09'51"
West 74.89 feet tothe beginning of a non-tangent 37.00 foot radius curve concave
Northeasterly, to which a radial line bears South 59°32'27" East; thence
';;;5
¡ <,,:c< .: ",
f
- ----_......_-,---~----~_.,..-_._-_._._---~--_."-----~-~--~---
Northwesterly along the arc of said curve through a central angle of 157"09'28" a
distance of 101.49 feet; thence South 87"30'24" West 28.82 feet; thence South
72"07'38" West 8.00 feet; thence North 16"23'16" West 56.83 feet; thence North
13"52'16" West 81.76 feet; thence North 21°39'44" West 108.96 feet; thence
North 17°52'24" West 144.18 feet; thence North 02°48'36" West 62.12 feet;
thence North 61 °45'19" West 36.99 feet to a point on said Easter\y lines; thence
along said lines North 17°52'24" West 228.52 feet to the TRUE POINT OF
BEGINNING.
- Containing 4.701 acres more or less.
.
~A~/:~ /D-/z-rr,
Robert G. Schoettmer LS. 4324
jb/13126n.OO2
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---..-- ---._._~. .......----.--------.---..- - - - -- --------~ -
, - Recording Requested by and
.
Please Return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, California 91912
Tn/!; Instrument BenefllJ City Only.
No Fee Required.
... Tn/!; Space for Recorder's Use On(1' .......
I
APN(s) Portion of 643-010-10 C.V. File No.
-
EASEMENT FOR SLOPE & DRAINAGE PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Stenhen & Marv Birch Foundation. 1no.. a Delaware Corporation
hereby grant(s) to the CITY OF CHULA VISTA, a municipal corporation, in the County of San Diego, State of
California, an easement for and the right to construct, replace, maintain, remove, or modify slope and drainage facilities
in. upon, over, and across that certain real property situated in said City of Chula Vista and more particularly described
as follows:
(SEE EXHIBITS "A" & "B" ATTACHED HERETO AND MADE A PART HEREOF)
Together with the right to enter upon and to pass and repass over and along said easement and to deposit tools.
implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by auy
contractor, his agents, and employees engaged by said City, whenever and wherever necessary for the purposes set forth
above.
RESERVJNG unto Grantor of the above-described parcel of land, his successors or assigns, the right to eliminate such
slopes and/or drainage structures or portions thereof, when, in the opinion of the City Engineer, the necessity therefor
is removed by substituting other protection, support and/or drainage facility, pro,~ded such substitution is first approved
in writing by said City Engineer.
Signed this day of ,199_
By: Stephen & Mary Birch Foundation, Inc., a Delaware Corporation
By:
Date
By:
Date
Tn/!; 4 to certifY that the interest in real property conveyed herein to the City of Chula Vista. a governmental agency.
is hereby accepted by the undersigned City Clerk. on behalf of the Chula Vista City Council pursuant to authority
conferred by Resolution No. 15645 of said Council adopted on June 5. 1990. and the grantee(s) consent(s) to
recordation thereofby its duly authorized officer.
SUSAN BIGELOW, CITY CLERK
By: Date:
.-
14-.)'( ..
jblJ 3126nljormslen.sslo.OO2
I .
____..._.________..____.'.____ ___._.._..._.__~_._ _m'_._·___··__~___·_____~__·_~____,·
>
STATE OF CALIFORNIA >
COUNTY OF >
On before me.
I
.
personally appeared
-
,
personally known tome. (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they
executed the same inhislher/their authorized capacity(ies), and that by hislher/their signature(s) on
the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
-
notary .one
, ..
J '1" --
--..- ---" - --.- -------~--~-,_..,._-----
J-13126N EXHIBIT A
PERMANENT SLOPE EASEMENT
PARCEL "En
I
All that portion of Fractional Sectiòn 4, Township 18 South, Range 1 West, San
Bernardino Meridian, in the City of Chula Vista, County of San Diego, State of
- California, described as follows:
Commencing at the Northeast corner of Parcel 1 of Certificate of Compliance recorded
September 12, 1997 as Document No. 1997-0443746 being a poinf on the Easterly
line of Rancho De La Nacion; thence South 17"52'24" East along the Easterly line of
said Rancho arid the Easterly line of said Parcell a distance of 1171.69 feet; thence
leaving said lines North 72°07'34" East 13.12 feet to the TRUE POINT OF
BEGINNING; thence North 57"48'26" East 13.57 feet; thence South 17"14'23" East
137.32 feet; thence South 75°06'18" East 39.62 feet; thence South 16°59'54" East
99.46 feet; thence South 10°33'07" East 86.70 feet; thence South 19°23'02" East
39.41 feet; thence South 38°42'43" East 17.85 feet; thence South 16°52'09" East
142.09 feet; thence South 55°13'01" East 13.82 feet; thence South 15°32'58" East
105.14 feet; thence South 27"54'04" West 21.35 feet; thence South 72°01'56"
West 29.29 feet; thence North 18°10'16" West 33.88 feet; thence North 14°49'48"
West 23.61 feet; thence North 09°04'28" West 132.06 feet; thence North
17°51'57" West 23.50 feet; thence North 25°34'00" West 19.69 feet; thence North
32°24'09" West 18.92 feet; thence North 38°03'33" West 15.20 feet; thence North
41 °52'34" West 13.45 feet; thence North 28°34'57" West 16.32 feet; thence North
17°44'20" West 49.34 feet; thence North 12°03'54" West 152.44 feet; thence
North 24°20'44" West 56.74 feet; thence North 21 °25'13" West 42.83 feet; thence
North 19°53'21" West 18.32 feet; thence North 1 7"26'11" West 28.55 feet; thence
North 23°25'37" West 31.28 feet to the TRUE POINT OF BEGINNING.
Containing 0.445 acres more or less.
.
~.4 ~O-I2--'17
Robert G. Schoettmer L.S. 4324
jb/13126n.OO2
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-' . Recording Requested by and
.
PI~e ReJurn to:
City Qerk
City ofChuJa Vista
P.O, Box 1087
Chula Vista, California 91912
This Instrument Benefits City Only.
No Fee Required,
.... This Space for Recorder s Use Only........
I
APN(s) Portion of 643-010-1 0 C.V. File No.
-
EASEMENT FOR SLOPE & DRAINAGE PURPOSES
FOR A VALUABLE CONSIDERATION, receipt ofwlúchis hereby.acknowledged, -
Steuhen & Marv Birch Foundation. Ine.. a 'Delaware Comoration
hereby grant(s) to the CITY OF CHULA VISTA, a municipal corporation, in the County of San Diego, State of
·€alifornia,.an easement for and the right to construc~ replace, m.in¡"in, remove, or modifY slope and drainage facilities
in, upon, over, and across that certain rea! property situated:iÌl said City of Chula Vista and more particularly described
as follows:
(SEE EXHIBITS~A" & "B" ATTACHED HERETO AND MADE A PART HEREOF)
Together with the right to enter upon and to pass and repass over and along said easement and to deposit tools,
implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any
contractor, his agents, and employees engaged by said City, whenever and wherever necessary for the purposes set forth
above.
RESERVING unto Gtantor of the above-descnòed parcel ofland, his successors or assigns, the right to eliminate such
slopes and/or drainage structures or portions thereof, when, in the opinion of the City Engineer, the necessity therefor
is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved
in writing by said City Engineer.
Signed this day of .199_
By: Stephen & Mary Birch Foundation, Ine., a Delaware Corporation
By:
Date
By:
Date
This is to certijý that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency.
is hereby accepted by the undersigned City Clerk, on behalf of the Chula Vista City Council pursuant to auth.ority
. conferred by Resolution No. 15645 of said Council adopted on June 5. 1990. and the grantee(s) conseni(s) to
recordation theroofby its duly authorized officer.
SUSAN BIGELOW, CITY CLERK
By: Date:
.'
jb/J 3 J 26n1forms/eIISS/o. 002 ,
, "~.
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>
STATE OF CALIFORNIA >
COUNTY OF >
On before me,
i
personally appeared
-
personally lmownto me (or proved to me on the basis of satisfactory evidence) fo be the person(s)
whose name(s) is/are subscribed to the within instrument and aclmowledged to me that he/she/they
executed the same in lùslher/their authorized capacity(ies), and that by his/her/their signature( s) on
~e instrument theperson(s) or the entity upon behalf of which the person(s) acted, executed the
instrument
WITNESS my hand and official seal.
Signature
notary.one
...
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...
J-13126N EXHIBIT A
PERMANENT SLOPE EASEMENT
PARCEL T'
I
All that portion of Fractional Section 4, Township 18 South, Range 1 West, San
Bernardino Meridian, in the City of Chula Vista, County of San Diego, State of
- C,alifornia, described as follows:
Commencing at the Northeast corner of Parcell of Certificate of Compliance recorded
September 12,1997 as Document No. 1997-0443746 being a point on 1he Easterly
line of Rancho De La Nacion; 1hence South' 7"52' 24" East along the Easterly line of
said Rancho and the Easterly line of said Parcell a distance of 2508.15 feet to a point
on the Northerly line of Lot 3 of said Fractional Section 4;·1hence along said Northerly
ÎIne South 88°44'42" East 10.05 feet to the TRUE POINT OF BEGINNING; thence
leaving said Northerly line North 17"52'01" West 249.03 feet; thence North
09°30'54" West 34.89 feet; thence North 06°43'13" East 32.89 feet; thence North
19°43'19" East 54.87 feet; thence North 06°53'03" West 18.73 feet; thence North
25°21'52" West 17.33 feet; thence North 45°58'04" West 16.74 feet; thence North
62°30'35" West 36.57 feet; thence North 43°04'16" West 20.38 feet; thence North
20°23'51" West 16.41 feet; thence South 83°05'3'" East 130.24 feet; thence South
41 °32'53" East 39.31 feet; thence South 11 °29'29" East 45.11 feet; thence South
35°10'35" West 118.87 feet; thence South 11 °18'11" East 267.86 feet to a point
on the Northerly line of said Lot 3; thence along said line North 88°44'42" West
14.79 feet to the TRUE POINT OF BEGINNING.
Containing 0.539 acres more or less.
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Robert G. Schoettmer L.S. 4324
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COUNCIL AGENDA STATEMENT
Item 15
Meeting Date 12/14/99
ITEM TITLE: Public Hearing to consider the modification of the existing Transportation
Development Impact Fee
Urgency Ordinance Amending Ordinance No. 2251, relating to
Development Impact Fee to pay for transportation facilities in the City's
Eastern Territories
SUBMITTED BY: Director of Public Works (ft1I
REVIEWED BY: ¿;t¿ <V (4/5ths Vote: Yes...x.. No_)
City Manager ?'" Q' On November 16, 1999 Council approved Urgency Ordinance No. 280l-A, amending the
Transportation Development Impact Fee (TDIF) Ordinance No. 2251 and introduced Ordinance No.
2802, adopting and codifying the new Transportation Development Impact Fee. This proposed
Urgency Ordinance will enable the City to continue to collect the fee during the 60-day waiting
period before the regular ordinance becomes effective. The public hearing has been duly noticed.
RECOMMENDATION: That Council conduct the public hearing and approve the Urgency
Ordinance amending Ordinance No. 2251.
BOARDS/COMMISSIONS RECOMMENDATION: .Not applicable.
DISCUSSION:
The TDIF Update Ordinance 2802 was introduced on November 16, 1999 and approved on
November 30,1999. It will become effective January 29, 2000. Urgency Ordinance 2801-A expires
on December 16, 1999, 30 days after its adoption. Tonight's ordinance will maintain the new fee
for an additional 30 days from December 16, 1999 to January 15,2000. The second extension of
the Urgency Ordinance will be brought to council on January 11,2000 to continue to collect the new
fee until the regular Ordinance becomes effective.
The new TDIF fee approved by council on November 30, 1999 is $5,920 per equivalent Dwelling
Unit and is the same fee adopted in the urgency ordinance. Table 1 below presents the rates for the
different land uses:
/5'-/
- -.---., ---- -',--,-.-- ---------...-.,.---..-
Page 2, Item
Meeting Date 12/14/99
Table 1. Proposed Fee
Single Family Detached (SFD) $ 5,920
Single Family Attached (SF A) $ 4,736
Multi Family (MF) $ 3,552
Industrial (Acre) $ 88,800
Commercial (Acre) $ 148,000
Commercial (High Rise) (Acre) $ 236,800
Golf Course (18 holes) $ 414,400
Medical Center (Acre) $ 384,800
Senior Housing (Unit) $ 2,368
Findings
The Urgency Ordinance makes certain findings in order to implement the immediate increase in the
Transportation Development Impact Fee, some of which are outlined below:
· There is a threat to public safety which will result should there be a shortfall in the amount
of money necessary to pay for the various transportation facilities
· That developers in the eastern territory should be required to mitigate the burden of traffic
impacts
· That the amount of the fee does not exceed the estimated cost of providing transportation
facilities
FISCAL IMPACT: The Transportation Development Impact Fee, as for all of the City's
Development Impact Fees are accounted for in funds separate from the general fund. There is no
impact to the general fund except the latent cost of additional maintenance as the circulation network
InCreases. These maintenance costs may be offset with additional gas tax funds resulting from the
increased development.
Exhibits: 1 Council Agenda Statement for November 16, 1999
TAl HX051
H:\HOMElENGINEER\LANDDEV\ TD IFupdate\Urgency I .doc
12/8/9911:54:28 AM
/5-;þ,
~..._.._._."---_.,...__.._."--- - - -~..---- - --.----------..--. --.-
COUNCIL AGENDA STATEMENT
Item
Meeting Date ] ] I] 6/99
ITEM TITLE: Public Hearing to consider the modificarion of the existing Transportation
Development Impact Fee
Resolution Accepting a report prepared by Project Design
Consultants reco=ending an updated Transportation Development Impact
- Fee to mitigate transportation impacts within the City's Eastern Territories
Ordinance Amending the Transportation Development
Impact Fee Program, .adding chapter 3.54; Development Impact Fee to Pay
for -Transportation Facilities in the City's Eastern Territories, to the
Municipal Code and repealing Ordinance2251 and amendments thereto.
Urgency Ordinance Amending Ordinance No. 2251, relating to
Development Impact Fee to pay for transportation facilities in the City's
Eastern Territories
SUBMITTED BY: Director of Public wory r
REVIEWED BY: City Manager (4/5ths Vote: Yes....x.. No_)
The City's Transportation Development Impact Fee (TDIF) Program was established on January 12,
1988 by Ordinance 2251. Since its inception, the program has been updated several times to reflect
new land nses approvals, changes to the Circulation Element of the General Plan, and updated
project cost estimates. The last TDIF update was approved in 1993. Tonight, Council will consider
the approval of the 1999 TDIF update reco=ending an increase from the current fee of $3,998 to
$5,920 per Equivalent Dwelling Unit (EDU). The proposed Urgency Ordinance will enable the City
to collect the fee during the 60-day waiting period before the regular ordinance becomes effective.
The public hearing has been duly noticed.
RECOMMENDATION: That Council:
1. Conduct the Public Hearing.
2. Approve the Resolution accepting the report prepared by Project Design Consultants.
3. Approve the Ordinance amending Ordinance No. 2251 (first reading).
4. . Approve the Urgency Ordinance amending Ordinance No. 2251.
BOARDS/COMMISSIONS RECOMMENDATION: The Economic Development ConuniSsion
has reviewed the proposed increase but offered no reco=endation.
DISCUSSION:
1999 TDIF 1 Jpdate
New developments place demands on the existing transportation infrastructure, which can be
mitigated by upgrading existing and/or constructing new transportation facilities. Chula Vista's .- .'
TDIF program functions as a system to distribute the cost of constructing infrastructure facilities in
s~a
. ______.____________.___..._ ..u_. ___no ....___....._."____._.._...___._.~~____~_____
Page 2, Item
Meeting Date ] ] I] 6/99
an equitable manner among new development in Eastern Chula Vista. The proceeds from the fee
are used to constnlct new transportation improvements.
On October 13, 1998 Council retained Project Design Consultants for updating the TDIF program.
The amount of the TDIF fee has not been updated since 1993. During this time extensive land use
changes have been approved. In addition, the number of roadway facilities and the cost of
constructing these facilities have increased substantially. The 1999 update incorporates the
following major changes:
-
· Inclusion of the Otay Valley Parcel of the Otay Ranch, which adds 24,067 EDU's and the
extensive transportation network needed to serve those properties.
· New fee rates for Senior Housing, lIIld High Rise Co=ercial; changes in the rates for Industrial
uses and Go1fComse; removal of the Olympic Training Center category (a brief discussion is
presented in this report).
· Update the project cost estimates to 1999 prices.
Íi Provisions to annually adjust the fee on October 1 of each fiscal year based on the previous
year's change in the July to July Engineering News Record 20 City Construction Cost Index
without further Council action.
· Addition of a provision to permit the City, in its discretion, to enter into an agreement with a
developer to convert excess credit into EDU and/or gross acre (co=ercial and industrial)
credits for use against future TDIF obligations at the fee rate in effect on the date of the
agreement.
Exhibit 1 shows the Project Funding Requirements of $218,257,679. This amount includes
$210,439,610 for facility construction, $6,313,188 for Program Monitoring (3% of the TDIF
program cost), and $10,504,881 in TDIF credits. Exhibit 1 also shows a TDIF fund cash balance
of $5,000,000, which is available for funding TDIF facilities or related activities.
The Program Monitoring will fund City's TDIF administration, and the cost of consultants and City
staff participating in related projects/activities (i.e. fee updates, 1raffic monitoring program, lobbying
the State for more transportation funds). City's records shows that these costs average between
$260,000 and $300,000 per year. Three percent of the Facility cost estimate total is approximately
$6,313,188. If spread equally over 20 years, the annual revunue would be $315,660 per year.
However, many of the building permits will already have full credit based on projects completed and
win not pay fees. In addition, there are several projects, such as the freeway interchanges, which
win be done by the City and not developers. Therefore, in order to have a cash flow great enough
to fund those projects and the Program Monitoring costs, staffbelieves that the fee could be reduced
from the current 5% to a 3% Program Monitoring factor.
The 1999 update reco=ends a TDIF of $5,920 per EDD. Table 1 below presents the rates for the
different land uses.
15~tf ..
.-..------ - -------- -.--------"--," -".-------.-...- ---.---_..~ -" ---- ~.__.._--_.,~~.__.,..._-_.,_.__._._..._--~-_._.---_._----'--~--
Page 3, Item
Meeting Date n /] 6/99
Table 1. Proposed Fee
Single Family Detached (SFD) $ 5,920
Single Family Attached (SF A) $ 4,736
MuJti Family (MF) $ 3,552
Industrial (Acre) $ 88,800
Commercial (Acre) $ 148,000
- Commercial (High Rise) (Acre) $ 236,800
Golf Course (18 holes) $ 414,400
Medical Center (Acre) $ 384,800
Senior Housing (Unit) $ 2,368
Basis and Methodolo~
The basis and methodology used in calculating the fee in this update is consistent with the basis and
methodology used in the "Interim Eastern Area Development Impact Fee For Streets" adopted in
January 1988 and also the ''Eastern Area Development Impact Fees For Streets" adopted in January
1990. One of the primary assumptions in the formuJation of the previous fees is that the need for
additional public facilities is generated by new development and the cost of the facilities should be
paid by that new development.
The first step in this update was to determine which road improvements are required to be
constructed in order to maintain an acceptable level of service on the City's circulation system east
ofI-805 which are not included in normal subdivision exactions because those segments lie between
two or more major developments rather than running through one development The improvements
which are to be constructed will serve the entire benefit area by either providing roads for residents,
employees, or customers to use, or by providing new streets for existing traffic, thus fteeing up
capacity on existing streets which can be used by new development.
After reviewing traffic models, development proposals, future connections to SR-125 and 1-805, and
land use patterns, a system of roads carrying traffic primarily regional in nature was adopted. Some
roads, which carry a lower volume of traffic, were included because they provided connections to
future SR-125 and/orwere between future village developments and would be needed by more than
one of those villages to access other regional routes.
The next step was to determine the method upon which the costs for the improvements would be
spread. One of the most common tools used to equate benefit impact fees among the different land
uses and densities is the ''Equivalent Dwelling Unit" or "EDU". There is a clear relationship
between the use of transportation facilities and the generation of traffic trips based on the land use
and density of a specific parcel. Iv; in previous methodologies, this update is bàsed on the report
"San Diego Traffic Generators", published by SANDAG. This report details the traffic trips
generated by various classes of land use. The cost of all the required improvements has been spread
equally based on the number of ''Equivalent Dwelling Units" regardless of the location of any
particular improvement relative to the development.
The proposed street improvements which are required outside of normal subdivision exactions are
based on an analysis of the circulation system for various levels of development within the entire
/5-5
- -~_.._,.....__.._."_.~_.._.._._,- -."---....-...--..--.....--,----.'- -----~_._-~~-_.~_._._.
Page 4, Item
Meeting Date ] ] I] 6/99
area of benefit, which is discussed below. All of proposed street projects included are consistent
with the General Plan and Specific Plans that have been adopted by the City Council and are
required by the City's Growth Management Ordinance as a condition to all development within the
area of benefit in order to maintain acceptable levels of service on the major roadways. The absence
of contiguity to the proposed street projects is not essential to conferring a benefit to properties. The
area of benefit is based on an analysis of impacts on the total circulation system east of I-80S for
various stages or increments of cumulative development within the total area of benefit. The
circulation system must be viewed as a whole. Each of the proposed street projects will provide a
- benefit to every development because traffic Hom anyone development will utilize the entire system
to access work, co=erce, schools, residences and the many other land uses throughout the City.
It is difficult, if not imposSlòle to isolate the value of any single street to any particular development
because of the nature of traffic. A failure in any part of the system will have a negative impact in
otherparts of the system and traffic :from the development closest to an ÙIlpacted segment of street
will be just as affected as traffic :from a more distant deve1opment. The analogy of a water system
is sometimes used where constrictions or breaks in any part of the system will have significant
impacts on the whole system.
Area of Benefit
The 1DIF program encompasses all properties within the City's jurisdiction located south of Bonita
Road and east ofI-805 (see Exhibit 2). The proposed area of benefit contains a total of 33,868.8
EDU's. Table 2 below gives a snmmary of the development forecast within the Area of Benefit.
Table 2. Development Forecast
Project Total EDU's Remaining
Otay Ranch 23,002
Eastlake 1) 9,027
Sunbow 1,551
Rolling Hills Ranch 1,752
Rancho del Rey 76
San Miguel Ranch 1,608
MWD Golf Course 70
Adjustment for Private High chool 2) -250
Telegraph Canyon Estates .. 32
.
Total 36,869
I) Includes 1,989 EDU's for the Kaiser Hospital site developed as a hospital in accordance with the
existing development agreement.
....-
2) 250 EDU's are subtracted to reflect the fact that tJris type of use (Community PuIpose Facility) is
exempted from the.1DIF. 15-~
~____._.__.__"____""._m._'·__ ___' _"___,'_'__" ...____...
Page 5, Item
Meeting Date ] ] /] 6/99
The program also includes the proposed resort at the Chula Vista Municipal Golf Course, located
north of Bonita Road, which will benefit from the proposed TDIF improvements. However, since
no specific development proposal bas been yet approved, no EDU's were included in this update.
The TDIF for the resort will be brought to Council following the required land use approval.
The TDIF report excludes Villages 9 and 10 of the Otay Ranch (which have a primary land use
designation as the University site) and related roadway improvements from the Area of Benefit The
- secondary land uses (i.e., residential and commercial) are identified in the report but not counted
towards the EDU's generating fees. A final recommendation on the TDIF for this planning area will
be presented to Council upon approval of its ultimate land use.
Tram;portation Facilities
There are 49 projects within the proposed TDIF program (See Exhibit 3). The cost estimate for
coDStructingtheseroads is $210,439,610. This costinc1udesa 15% allowance for contingencies, 6%
for design, 6% for construction inspection/project management, and 2% on each project for the
City's anministration/audit.
This update includes most roads in the current Circulation Element of the General Plan. The roads
added include:
Proctor Valley Road from Hunte Parkway to East City Boundary
Mt. Miguel Road nom Proctor Valley Road north to Proctor Valley Road south
Willow Street from Bonita Road to Sweetwater Road
BrandywineJMedical Center Dr. from Medical Center Court to Olympic Parkway
Birch Road :from La Media Road to Hunte Parkway
Rock Mountain / AIta Road from Otay Valley Rd to Eastlake Parkway
East1ake Parkway :from Olympic Parkway to Rock Mountain Road
Hunte Parkway from Olympic Parkway to Birch Road
Mt. Miguel Road, Proctor Valley Road (south) to Proctor Valley Road (north)
La Media Road :from Olympic Parkway to South City Boundary (including one-balfthe cost
of the bridge over the Otay River)
Otay Valley Road :from 1-805 to SR-125
Paseo Ranchero frOm Olympic Parkway to South City Boundary (including one-half the cost
of the bridge over the Otay River)
A5 indicated, nearly all of the roads on the General Plan south of Olympic Parkway have been added
to the TDIF with the following exceptions:
. Those streets within the area of the Proposed University Site (Villages 9 and 10 of the Otay
Ranch). At this point, that area and related road improvements are not included in the TDIF
program. It is anticipated that the University, if approved, would be responsible for constructing
suitable transportation facilities. If the University is not constructed and the area develops
according to the approved alternative, future updates will incorporate said area and related
facilities into the program. This report also excludes the traffic EDU's contained within the
proposed University site. The elimination of both the roads and land uses in the University site .-
/5-7
---,- - ..----....-..----------,.'" >---..... -,---+-.---------+..----.------.-----.'.----,." ,.---------,-------.---+--------
Page 6, Item
Meeting Date 11/16/99
does not cause this proposed fee to be substantially different than the fee would be with both the
university land use and the additional roads included.
. The southerly Y:. of the La Media and Paseo Ranchero bridge crossings over the Otay River.
There are three crossings proposed over the Otay River. The 1DIF program assumes that Chula
Vista will provide for the cost of constructing the northerly half of the Paseo Ranchero and La
Media crossings. Chula Vista traffic will be using these facilities to access the Otay Mesa
indus1rial areas (within the City of San Diego) and the Otay Border crossing. It is anticipated
that the City of San Diego would fund the southerly half. Any different split on the financing
- (which may be det=ined in the future) ·will be incorporated in future updates. The Alta Road
crossing was not included in the 1DIF program because it is not considered an essential
component of Chula Vista's network. Said bridge would primarily benefit the City of San Diego
properties by providing access to Chula Vista's street network.
In addition to roads, the 1DIF is also funding portions of freeway interchange improvements and
bridges in the amount of $34,158,760 (see Exhibit 4).
1DIF Credit
There are a number of developers who have constructed 1DIF roads in the past and maintain a credit
against future 1DIF fees in the total amount of $10,504,881. These credits are summarized in
Exhibit 5.
The existing 1DIF Ordinance makes an advanced credit available to developers who proposed to
construct 1DIF roads in the amount of 75%ofthe cost estimate. This update will delay the timing
of the 75% advanced credit until after valid bids for the project have been approved by the Director
of Public Works. A 50% advanced credit will be make available to the developer for the time period
after Director of Public Works has approved the cost estimate but has not approved the bids.
EDU Rates
Government Code 66000 requires that the City establish a reasonable relationship between the
projects to be funded and the fee. The 1DIF program uses the Equivalent Dwelling Unit (EDU) as
the tool to equate benefit impact fees among the different land uses. .As indicated above, Average
Daily Traffic (ADT) generation rates published by SANDAG are used to det=ine the impacts of
the different land uses categories on the transportation system. Each land use category is assigned
a specific EDU rate. A single family detached residential unit with an ADT of 10 trips is equal to
1 EDD. The EDU rates for other land uses are determined using the applicable trip generation ratio.
Table 3 presents a comparison between the current and proposed rates.
~~
<-
/5- g
_ ~_.._,.._m...'____'_ ._~--~_..._._.._~...'_._,,_...'--'--"-'-" -- ---_._---~~_.__._-~-
Page 7, Item
Meeting Date 11 I] 6/99
Table 3. EDU Rates
Single Family Detached (SFD) 1 EDUIDU 1 EDUIDU
Single Family Attached (SF A) 0.8 EDUIDU 0.8 EDUIDU
Multi Family (MF) 0.6 EDUIDU 0.6 EDUIDU
Indus1ria1 20 EDU/Acre 15 EDU/Acre
Co=ercia1 25 EDU/Acre 25 EDUlAcre
High Rise Co=ercia1 N/A 40 EDU/Acre
-
Olympic Training Center (aTe) 3.33 EDU/Acre N/A
Adjacent to OTC 35 EDU/Acre (Standard Co=ercial)
Golf Course 0.8 EDU/Acre 70 EDU/18 holes
Senior Housing N/A 0.4 EDU/Acre
Kaiser Medical Center 65 EDU/Acre 65 EDU/Acre
Following is a brief discussion on the EDU rate schedule:
· No changes are proposed for the residentia1 rates (SFD, SF A and MF) and the Co=ercial rate.
· The Indus1rial rate is reduced from 20 to 15 EDU's per acre. SANDAG provides several
classifications for industrial uses depending on the amount of commercial uses permitted within
the industrial park. Previously, the TD1F used a traffic generation rate of 20 EDU's per acre
based on an industria1lbusiness park designation which has a substantial co=ercial component.
The SANDAG report gives rates for other types of industrial uses which are lower than that
given for an industria1lbusiness park with a substantial co=ercial component. After reviewing
all of the classifications and the typical uses anticipated for the proposed industrial components
of the General Plan, it has been det=ined that the co=ercial component of the industrial
development will be significantly less than previously anticipated. The 1999 update proposes
a rate of 15 EDU's per acre.
· High Rise Commercial is a new classification applicable to buildings 5 stories or greater in
height. The Otay Ranch General Development Plan designates 25 acres for Medium!High Rise
Office Co=ercia1 in the proposed Eastern Urban Center. By virtue of the higher density, High
Rise will typically generate more trips than regular co=ercia1 uses. A rate of 40 EDU's per
acre (which is higher than the 25 EDU's assigned to regular co=ercial uses) is reco=ended
for this land use.
· The Olympic Training Center (aTe) category has been elimin~ted. OTC fees have been already
prepaid for subsequent areas of the development. Golf Courses have been mÇ>dified to convert
the fee from a per acre basis to a per course basis. This is being done to not penalize the golf
courses that encompass a larger area while drawing the same number of trips (i.e. the 254-acre
proposed Otay Water District golf course). The new fee of 70 EDU's per l8-hole golf course,
as included in the update, is based on SANDAG data for all golf courses including high use
public courses. However, since private golf courses generally do not have the same high
intensity of use, the ordinance provides a method to equitably make adjustments. This method
requires a preliminary traffic study of golf courses similar to the type proposed and an agreement .-
1~-7
- ---- -- - -- ----...-........--.- ----.--
Page 8, Item
Meeting Date 11/16/99
with the developer to pay an interim fee. The developer must also agree to do a traffic study of
the golf course in its fourth year of operation and to pay the actual fee based on that study.
. Senior Housing is a new classification with a fee rate of 0.4 EDU based on SANDAG statistics.
Although no property within the area is currently designated for this use, staff recommends
establishing the rate to clarify the City's intent regarding appropriate fees for such use.
The existing TDIF program exempts religious facilities, public and private schools, day care
- establishments (non-profit only), Socia1 Services facilities, and senior care and recreation. This
update does not change that exemption.
Meetinfjs with the DeveloJ)ment Community
Staff has had nwnerous meetings with -the development community throughout the update process
(November 9, 1998 through October 20, 1999). Issues raised by the developers were discussed and
resolved. As a result of these discussions, several changes and modifications were incorporated into
the program. Most concerns raìsed during this process were related to the cost of the Program
Monitoring (i.e. City's administration). As mentioned early in this report, staff proceeded to review
the actual Program Monitoring expenditures, which resulted in lowering said cost from 5% to 3%
of the TDIF program cost. The development community was also concerned about the impact of
the amount of the TDIF on commercia1 and industrial development. Staff is looking at ways to
reduce that impact and will bring a report back to the Council late this fiscal year or early next year.
Environmenta1 Review
As most of the facilities and land use changes result from the inclusion of the Otay Ranch, the
Environmental Review Coordinator recommended an addendwn to the Otay Ranch Environmental
Impact Report (EIR 90-01). Initia1 Study 99-19 was processed and the Environmental Review
Coordinator has determined that the 1999 TDIF update will not result in significant impacts pursuant
to Section 15164 of the State CEQA Guidelines. It should also be mentioned that the TDIF program
includes $6,240,000 for funding habitat mitigation that may be triggered by the construction of the
facilities.
Proposed Ordinances.
By enacting the proposed ordinances, Council would be accomplishing the following:
The "Ordinance Amending Ordinance No. 2251" will establish a new TDIF of $5,920 per EDU and
will amend the existing TDIF program to include all the properties and transportation facilities
identified in the report. This ordinance will become effective 60 days after the second reading.
Assuining that the second reading and adoption of the TDIF update takes place at the November 23,
1999 Council Meeting, the new fee will be in effect as of January 22, 2000 and collected with
building pennits issued on or after January 24, 2000.
The ''{ Jrzency Ordinance" would go into effect immediately and will enable the City to collect the
fee during the 60-day waìting period for the regular ordinance to become effective. This ordinance
is only valid for 30 days (November 16, 1999 through December 16, 1999), and therefore, it will
necessary to notice and hold a second and third hearing in order to extend the urgency ordinance in
30 day increments until the permanent ordinance becomes effective. The first extension will be
/5-10
_'_.._._n~___" - - -..---....-....-.--....--.--..-...--...., _.._--_..._-_._._-_._~_._~~"~-----~,~-----
Page 9, Item
Meeting Date ] ] /] 6/99
brought to Council at the December ]4, ]999 meeting extending the urgency ordinance from
December ]6, ]999 through January ]5, 2000. The second extension will be brought to Council at
the January 11,2000 meeting extending the urgency ordinance from January 15, 2000 through the
effective date of the permanent ordinance on January 22,2000. An approval of 4/5""s vote wilJ be
needed for all urgenCY Ordinances.
Staff reco=ends that the JDIF go into effect immediately by adopting the Urgency Ordinance in
order that all developments pay their fair share of the cost of public 1ransportation improvements
- Telating to the impacts caused by their development. Jmmediate implementation of this fee is
necessary due to the current and immediate threat to public safety which will result should there be
a shortfall in the amount of money necessary to pay for the various 1ransportation facilities thereby
resulting msevere congestion and failure of the public transportation Detwork Decessary to serve the
mcreased population. Theprospect of a shortfall,:fàilure of the street system and concerns about an
ÍDcreased charge to remaining property owners constitutes a current immediate threat to the public
health, welfare and safety justifYing the immediate imposition of this fee.
FISCAL IMPACT:
The Transportation Development Impact Fee, as for all of the City's Development Impact Fees,
maintain funds separate funds ITom the general fund. There is no impact to the general fund except
the latent cost of additional maintenance as the circulation network increases. These maintenance
costs may be offset with additional gas tax funds resulting ITom the ÍDcreased traffic.
ExJnòits: I. Program Funding Requirements
2. Area of Benefit
3. Transportation Facilities
4. Interchanges and Bridges financed by TDIF
5. TDIF credits
6. Fourth Addendum to EIR-90-01 (1.5.-99-19)
Attachment: Engineer's Report
TAlHX051
H:\HOMEIENGINEER\LANDDEV\1DIFupdateIdraft8.doc
1113/993:41:51 PM
)C;-JI .'
----...---- _~. ~__.~~....~__,___.,._._,.,._..__ .n_·._._"~.__'.·U"'__··_
Exhibit 1
Transportation Development Impact Fee
1999 Update
-
Program Funding Requirements
Facility Costs (see Engineer'STeport Exhibit $210,439,610
Program Monitoring Costs (3%) 6,313,188
I Remaining Cash Credits to be paid -5,000,000
! State and Local Partnership Funds -4,000,000
I Program Funding Requirements $218,257,679
.-
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Exhibit 4
Transportation Development Impact Fee
1999 Update
Interchanges and Bridges within the TDIF
Type of
Project Facility Description Program Cost
3a Interchange Telegraph Cyn Road @ 1-805, Phase 2 3,742,611
7 Interchange East H St @ 1-805 2,575,098
25 Interchange Olympic Parkway @ 1-805 4,980,000
27 Interchange Palomar @ 1-805 3,999,000
58 Bridge Paseo Ranchero @ Otay River (1/2 cost) 8,663,311
(iO Bridge La Media @ Olay River (1/2 cost) 8,010,900
61 Bridge Willow @ Sweetwater River (1/5 cost) 2,187,840
Total 34,158.76D
i5- /5
---'--- -------- - -----..- --- -- ---+~.._---_._- -_.--.~._----~-~.__.,--,_..---~ "....--.-
Exhibit 5
Transportation Development Impact Fee
1999 Update
-
Remaining Cash Credits Facility Constructed Credit
Pacific Bay (Rolling Hills Ranch) Proctor Valley Road & Hunte Pkwy $ 7,397,383
Eastlake Olympic Pkwy Grading 856,935
Salt Creek I East H Street 2,250,563
Total 10,504,881
15-/~ .-
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Exhibit 6
FOURTH ADDEJ\:l>lJM TO EIR-90-01
(OTAY R.&...1IiCH EIR)
hririal Study 15-99-19
PROJECT NAME: 1999 Update ofth:: Transportation ~elopm:::nt 1mpa.c:t Fee (TDIF)
PROJECT LOc...o\TION: City of Chu1a Vista East of1ntcrstaIe-805
-
PROJECT ..<\PPLJCA..." 1: City of Chula Vìsœ, Engineering Division
PROJECT AGThT Same liS Above
CAS::: NO.: 15-99-19 DATE: March 4, 1999
, Ll\'TRODUCTION
1.
~n::: ::IJvITonm::n!<tl r::vi::w proc::dur::s of the City of Cnula Vi.,,""!a allow th:: Enviro=::ntal R::view
Coordinawr (;::RC) to prepare an addendum to a Negarive Decla."'"aIion or Envi:ro=::ntal Impact
Report (EIR):if one of1:he followmg conditions is present:
l. The minor changes in th:: project design w1ñch have occurred sine:: completion of the Final
ErR (EIR-90-0l) have Dot created any new significant cnviro=e:ntal impacts not previously
addr-...ssed in the Final EIR.
~ Additional or refined informaíÏon available since cOIDDletion of the Final EIR reE:arå:inE: the
.. . ..... -
pote:ntia1 e:nmo=e:ntal impact of the project, or regarding the measures Dr alt=atives
availabl:: to mitigate potential :::nvITonmenta1 effects of the project, does not show that the
project will have one Dr more significant impacts which were not previously addressed in the
Final EIR.
Tnis "tÌtÌf'!T\tÌmn has been prepared in order to provide additional infonnation and analysis conceming
traffic, public service and land use impacts as a result of the proposed update to the Tnmsportation
Development Impact Fee. ordinance. FEIR. 90-01 analyzed the impact of the developme:nt of the
property for single and multi-family reside:ntial development with aDcillary co=ercial sites. As
a result oftbis analysis, the basic conclusions of the Final EIR have not changed. Traffic, public
service aDd land use impacts are found to be less than significant for the proposed project and were
previously addressed in EIR 90-0l.
Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City has prepared the
following addendum to EIR-90-0l.
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·'
n. PROJECT S.t::lllÑG
Tne ".åJea ofBcnefi1fl as desc:nòed in tbe1999 update oftbe Tnmsportarion Developmenl1mpa:::t
Fee program consists of all undeveloped lands located v.':Ítbin tbe City of Chula Vista east of
Jntcn;tate 805. Tnis area is also known as tbe Eastern Territories oftbe City of Chula Vista. As tbe
- street network is improved in this area, smrounåing roads west of1Dtersta!e 805 will also bcnefit as
a result ofreåismòution of traffic flows.
m. PROPOSED PROJECT
Tne proposed project is tbe 1999 update of the existing Inmsportation Development Impact Fee
-program orãirumce addressing future grow of uncL'"Veloped lands found in tbe City of Chula Vista
east of1nt= 805. The proposed update oftbe IDIF progrnro is a legislarive act and as such will
nave no ãir-..::! physical impact on tbe environment. Tne dffi'elopmerrt:impact fee oråÏDance hzs b=
prepared to prn"l':Íde tbe me~""";""" for Î1måing tbe construction of tbe needed roadway faciliries and
tbe equitable :Íli1aDcing of tbese faciliries as a result and for tbe beneñt of all of tbe developments
found 'Within me _AJo-..a ofBcneñt.
The proposed project consists of a 1egis1at.ive action, and no physical development is associated witb
project approval at1his íÍme. Future roadway and infuIstructure construction will require additional
em ÙU.U1J.<ental review and cleanmce. The City of Chula VISta bas previously approved amcnåments
to tbe General P1a:n which have allowed tbe. fi]ing of various planned co=uniries and tbe
preparation of related environmental documents. Some of tbese may already have adequately
analyzed potenrial impacts associated ",':Ítb speciñc roadway improv=ents.
Once constrncted, tbe improvements will serve the area by pro"l':Íåing a system of roads for reside:nts, .
employees, and custom=. The generally accepted view is that exisring facilities have adequate
capacity to support tbe existing state of development, and that any new capacity that is provided to
tbe street network is m response to needs created by subsequent approved development.
IV. COMPATIBILITY "WITH ZOl'.'ING AND PLANS
The proposed project would provide tbe mee""";""" by which needed street network faciliries would
. I '
be built as approved future development takes place and tbus not conflict with City of Chula Vista
Zoning or adopted plans.
¡5-/g ,-
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Y. IDE!\TIFlCATION OF ENVIRONM:E..1\"TAL EFFECTS
1- Public Services ImDacts
Fire
-
The proposed updated TDIF will provide the mechanism by wbich new street systems will
be provided aDd exisriDg roadways 'will be improved thus allo"WÎDg for better access by Fire
DepanmeDt equipmeDt aDd persODDe1. JmplemeDtarion of the Otay RaDcb Fire Station
Master PlaD1:bæ: mc1udes building of new stations \vith manpower aDd equipmeDt will be
done over a pbased rime period as plamJed development occurs.
,
Police Department
Tne Police Depanment response rime would tend 10 improve as improvements to the S!Teet
neTwo:d: are made witÌJ eacb development phase.
, Dtirnv aDd Service Svstems
-.
Traffic
The TmesboldlStandæds Policy requires that all intersections must operate at a Level of
Service (LOS) 'C' or better, 'with the exception that Level of Service (LOS) "D" may occur
during the peak two hours of the day at signalized intersections. No intersection may reacb
aD LOS "P" during the average weekday peak bour. Intersections of a.c"teria1s with :freeway
ramps are exempted from this policy. The City Engineering Division bas reviewed the
proposed project aDd indicates that the fee bas twopmposes: 1) To fund the construction of
stre::! network facilities needed to reduce, or mitigate potential impacts resulting :from the
developmeDt within the specified area; aDd 2) To spread the costs associated with
cODS!TUction of the facilities equitably among the developmg properties. The rationale
behind this is that, generally existing facilities have adequate capacity to support the existing
state of development, aDd that aDY capacity that is provided to the street network is in
response to needs created by subsequent development. Therefore, any potential impacts to
traffic and circulation will be fully mitigated with the implementarion of the DIF program.
4. ODen Suaee
.
,.--
No impacts to~ÒPeD. spac~would result from impJementation of the project. The General " .
Development PlaD for the Otay RaDeh and subsequent planning documents bas satisfactorily
addressed' the issue of open space.
/5-1'1 . ~.
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-
VI. CONCLUSION
Pursuant to Section 15164 of the State CEQA Guidelines and "based upon the above ãiscussion. I h=by ñnd
that the project TevisiOIlS to the proposed project "rill r:suh :in only minor tedmicaJ changes or adœtions
wbiCD Me necessal')' to :rmùœ roe Environmental Impa::t Report adequate under C3QA..
~
~
/j
REFERENCES
Chula Vista General Plan (1989)
Title 19, ChulLI Vista Municipal Code
City of ChulLI Vista Environmental Review Procedures
Otay Ranch General Development plan
Qtay Ranch Sectional Planning Area One (J¡me 4, 1996)
EIR - Otay Ranch GDP Program EIR 90-01 (Dec., 1992)
EIR - Otay Ranch SPA I EIR 95-01 (April, 1996)
/'5-;;;0 ..
h:\hom:'Pj:annjng\1i~dab\:ir8301.2åm Page 4
..-.--"-.-- _...."~--.._-_._------_.__......._-- --~~-----~ ---
Case:" o.IS-99-1 9
El\"'VIRŒ\1]\Œ!\TAL CHECKLIST FORNI
1- Name of Proponent: City of Chtùa V= - Eng:ìne::ring Div.
2. Lead Agency Name and Address: CÌty of Chula Vista
- 276 Fom1bAvenue
Cnula Vista., CA 91910
3. Address and Phone Number ofProponeIJt City of Chtùa Vista
:?76Fom1bAvenue
Cnula Vista., CA. 91910
(ó19) 691-5021
'.
4. Name of Proposal: I=sporunionDevciapment Impact Fe::
5. Date of Checkiis!:: ?eoruaTY 19. 1999
Potentially
Poœatial~· Signifiamt Less tÞaa
S~OODt Unless Significan No
lmµact Mitigated t impact Impact
I. LAND USE AND PLANIl/ìNG. Would ¡he
proposal:
a) Conilict with general plan d::signation or :J :J 0 g
zoning?
b) Conilict váth applicable environmental :J 0 0 g
plans or policies adopted by agenci::s Vi'Íth
juriscliction over the project?
c) Affect agricultural resources or op::rarions :J 0 0 181
(e.g., impacts to soils or faImlands, or
impacts from incompatible land uses)?
d) Disrupt or clivi de the physical ammg=ent :J 0 0 lEI
of an established community (including a
low·income or minority community)?
Comments: The project consists of a development impact fee which is to fund the construction
of transportation facilities and therefore reduce or mitigate potential impacts resulting from
development in thespecified area and to equitably spread the costs associated with construction
)5·;;;'/ Pa~tNo.1 ,-
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~._..._--"..._---,--_.~-
"ot~tial~
Poteau..u:, Sq:Difu:.D:1 Less tban
Si;!aHic:aDt lialess Si:!aiflczn ,..
lmpae1 Mlt¢ated Ilmpaa Imn::a:1
of sajd faciliti::s among the developing propen:i::s. Tne proposed project is a legislative aC1 a..d
wocid in coDÎ=am:e 'with the City's G::neral Pl!lIl and associated Planning documents. Th~
a::ma1 :inãiviàua1 inÏrastrucmrciroadway consuuroon proje..-rs would be subjec1 to fu.-¡her
onironmental review and c1earance.
- Tne Master EIR for the Oray Ranch has adequau:ly addressed issues rcla1ed to land use
compan"bility. consistency V\'Íth adopted plam, !IIld the cOIlv=ion of former agricultural land to
an urbaD use.
L POPULA.TION AND BOUSING. Would the
proposal:
a) Cumularively exc~d oIDcial TegionaJ or - - 0 ~
local popciarion projections?
b) :induce substantial growth in an areê. either -' :J 0 !Bi
ãir~::'Ùy or incfu=ctjy (~.g., through proj::::!.S
ÎI1 a:I! mIãeve10ped area or e"'h.L:m.sioD oÎ
major inÏras1:ru=e)?
c) V.splace existing housing, especially IJ :J 0 g
afforòable housing?
Comments: Tne overall project is in sub=rial compliance with approved plam. Project,
inlplementation would assist the City's ability 10 equitably spread the costs for construction of
n-ded transportarion :facilities within the area. No aåv=e inlpacts to housing are noted from the
proposed proje..'1. Master EIR for the Otay Ranch and the City's adopted General Plan adequatelY
address the issues ofbousing and growth.
n. GEOPHYSICAL. Would the proposal result
in or expose people to potential impa~.s
involving:
a) Unstable earth conditions or changes m 0 0 0 ~
geologic substructures?
b) Disruptions, displacements, compaction or 0 0 0 ßj
overcovering of the soil?
c) Change in topography or ground surface 0 0 0 ßj
relief features?
d) The destruction, covering or modification of 0 0 0 ßj
any unique geologic or physical features?
/ 5-;)~ h~'t:!\o.l "
~._._.- __!o-_.. ,..~__ __ ____+ ___ _._ ._.___~_. __._.._.._._..u,~____~~~__ __u
"o\C'ntl2l~
t'otC'ntial~· Si::'nificaat Lns thaI!
S~j(i:ant lini~s. S¢nilit.al! .."
impart Miti::'_ted tlmpact impacl
::) ADY m::reas:: iD v\'Ïnd Dr wat::;" ::rosion of ::J ::J ::J z
soils. citber OD Dr off the sire?
i) Changes iD deposition Dr erosioD ofb=h ::J ::J ::J ß
SaDds, or chaDgcs iD siltation. deposition or
crosiDD w1rich may modify the chaDDel of a
- river or stream Dr the bed of the ocean Dr
aDY bay wet or lake?
g) Exposure of people or property to geologic ::J ::J ::J j!j
hazards .such as earthquakes, laDds1ides,
mud slides, ground failure, or similar
hazarås ?
'.
Comments: Tne proposed 1999 update of the TnmspOnariDD Development Jmpact F:::: to fund
me COnstructiDD of traDSpOrtatioD faciliti::s is a 1egislariv:: acT aDd as such ."ill have DO direct
ÎDlpact OD the E:ai.-m.. M.ASTER E£R 90-01 or subsequent E£R's with respecT to potential impacts
v.iD have adequately analyzed each of the proposed development pla:ns. No further enviro=ental
a;:¡a1ysis ",'ill be required for the propos::d proj::ct.
ITL WATER. Would the proposal result in:
a) Changes iD- abSmptiOD :rates, d..-aiDage 0 D 0 ß
p~tt""'<, or the :rate aDd amount of smÏace
runoff?
b) EJ...posure of p::ople or prop~' to water ::J ::J 0 ¡;;
related hazards such as flooàiDg or tidal
waves?
c) Discharge iDto suriace waters or other ::J 0 0 ~
alteration ofsuriace water quality (e.g"
temperature, dissolved oJ...ygen or turbidity)?
d) Changes in the amount of surface water m 0 0 0 ~
any water body?
e) Changes iD currents, or the course of ¡] 0 0 I8i
direction of water movements, iD either
marine or fresh waters?
f) CbaDge iD the quantity of ground waters, 0 0 0 I8i
either through direct additi ODS or
I 5" ~ ;¡3 ?2g~ "0. 3 .-
----,------------- - ----- -_..~- ..____ ___~.__'-_____.______m..~____~_ __.-----'._,.__ .-----
t'otrntialt~
t'Olaltialt~· Si:!ølflcant Less: than
Si:øifJ:aDt linin!. Si;:nificm ~.,
hDpaa Mtt;::ated tlmp.a lmr~~1
V\;thà."'a\'.'a1s, or through Ím=::ption oÎ an
aquifer by cuts or exca".arions~
g) A1tcr"'..d direction orrare of flow oÎ :J :J 0 IE;
grounàv:ater?
- 11) . Impacts to groundwater quality? :J D 0 i8j
i) Þ..lt=Iions to the course or flow of iiood :J 0 0 i8j
Wa1f:I5?
j) SubsramialreàuctÍon.Ín the amount oÎwater :J D 0 181
otherwise available for public water
supplies?
"
Comments: .tv; me proposed project is legislarive it would Dot result in any ãirect physical
áevelopment having me ability to affect any wat::r resources. Mast::r EIR 90-0lfor the ()+..ay
Ranch adequately adàressed these issues. The Drainage Plan Îor the Otay Ranch proviåes the
furmework for aàdressing issues relating to uioan runoff, seåimen¡a.tion. stoIIDwaterr.
encroachment, and water quality. Tne increased flows expected at builà out can be mitigated aas
stated in EIR90-0l, tbron~h- 1) the provision oÎthe stann ånrin facilities and detention basins
as recommended in the Drainage Plan, and 2) the payment oÎthe drainage fee established at the
time :final maps within the b2SÍn are recorded.
IV. AIRQUAUTY. Wauldtheproposal:
a) Violate any air quality standard or :J 0 :J g
conm1>ute to an existing or projected air
quality ,;olarion?
b) fu-pose sensitive receptors to pollutants? :J D 0 181
c) iDter air movement, moisture, or :J D 0 181
temperature, or cause any change in climate,
either locally or regionally?
d) Create objectionable odors? :J 0 0 181
e) Create a substantial increase in stationary or :J 0 0 181
non-stationary sources of air emissions or
the deterioration of ambient air quality?
Comments: The adoption of this project will not result in any significant direct air quality
impacts, These issues were adequately addressed in Master EIR 90-01 for Otay Ranch. The EIR
)5'~;)Lf PZ~I: :r-.¡c.,( -.
---_._-_.._--.._~---- ----~----
-
"'Dt~ual~
}>ntratiaU:, Si::nmc:aa1 Lessthatl
S¡;!Þificanl lm.... Si:aiflc:all ,,-
lmpact Miti:..ed tJmpatt ìmn»rI
considered pollutants :from both stationary and mobile sources associared with Tu,u;-e
à~'elopment. Mitigation measures were made a part of the FEIR that cov::¡-...d the follo'\."\'Ìng a:re2S
of potential sources of impact construcrion, land use policies, siting/design policies. and
=sporta1Ìon-related management actions.
Y. TR~SPORTATION/cm.CULATION.
- Would tÌle proposal result in:
a) lm:r-..ased vehicle uips Dr 1raffic congestion? :J :J :J ¡g
b) Hazards to safety from design featUres (e.g., :J .:J D ¡¡¡¡
sharp curves or dangerous intersections) or
incompanòle uses (e.g., farm equipment)?
c) lnaàequate emergency access or access to :J ~ :J ¡¡¡¡
-
nearby uses?
d) 1nsuñicient parking capacity on-si~ 0:- of- - Œ:
- - -
sjt~?
e) Hazards or barriers for pedestrians or - . , :J ¡;¡
bicyclists?
f) Conflicts with adopted policies supporting :J :J ¡:¡ 181
alternative transportation (e.g. bus =011'.5,
bicycle racks)?
g) Rail, waL'"rÌ>ome or air 1raf:5c impacts? :J ¡] ¡:¡ ¡;:
h) A "large project" under the Congestion ¡:¡ Q ¡:¡ ¡;:
Management Program? (An equivalent of
2400 or more average daily vehicle mps or
200 or more peak-hour vehicle trips.)
Comments: .A.s the proposed project is legisla:rive"it would not result in any direct physical
development having the ability to affect any 1Tansportation resources The overall issues involving
1Tansportation and circularion traffic impacts were adequately addressed in Master EIR 90-01 for
the Otay Ranch. Tne Engineering Division indicates thai the purpose of the current update is
pr.marily to include the remainder of the Otay Valley Parcel of the Otay Ranch into the
development Jrilpact Fee Area ofBeneñt, and include the funding for the transportation facilities
necessary to support the development of the Ranch.
VI. BIOLOGICAL RESOURCES. Would tÌle
proposal r:esult in impacts to:
) 5-;)5 P2g~~o.5 .'-
_...._.~" _ _.___..___________.____.___~__...._..__~_,.."~U,_"'__
roten1ial~·
rcn~n~· Si;!aifiaat Les!>thafl
S!,:,alúca.Þt un¡eu 5t:,!nificall ",.
1-", Miti:a.rd t Impacl ImfUlt't
a) Endang=rf:d, s=itiVf: spf:cif:s. spf:cies of ::J ::J :J IE:
conc= or spf:cies that are canãidaIes for
li . ory
sun".
b) Loca1Jy designated species (e.g., h:rit2ge 0 0 0 ¡¡;
- 11"ees) ?
c) Locwy designated natural communities :J 0 0 1BI
(e. g, oak fOTest, coastal habitat, etc.)?
d) Wetland habitat (e.g.. marsh, riparian and :J w 0 ~
v=alpool)?
.. e) WilclliÏe ãispersal or migration cornåoTS'! :J ~ U 181
1) AÍÏect regional habitat preservation :J - U ¡¡;
plamring ~ñoru?
CommenL~: :impa::cs to biological resources have b= adequately adãressed:in Master EIR fo:-
Omy Ranch.. No new impacts to biological resources are nmed as a result of the proposed 1999
Update to the Tr.msportarion Development lmpact Fee.
VII. ENERGY ......1W MINERAL RESOURCES.
Wauld the proposal:
a) Conilic1 with adopted energy conser;'arion :J 0 0 IBi
plans?
b) Use non-renewable resources in a wasteful ::J U 0 IBi
and inefficient manner?
c) If the site is designated for mineral resource :J 0 U 181
protection, will this proj eat impact this
protection?
Comments: These issues were adequately addressed in Master EIR 90-01 for Omy Ranch. No
new adverse impacts would result from the proposed 1999 TDIF Update.
VIII. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of 0 0 0 181
hazardous substances (including, but not
limited to: pe1roleum products, pesticides,
F-::.g:- ~c. 6 .,-~
i L'w,," ,,,,,'
1..:..,,¡~c.:,.I{.:.¡
- -" ,-~_.".- --....-,- --- ~~--'~"~-~_.._-'--..~
"nlC'nt&al~
htrat&aU~' Sr.::nifiant Lcs!l. tball
S¢amaat tjnt~ Si::nifl::Jton ~.'
1_" MÎt~atrd tlmpaet immaC1
c:hcinic:a1s or raåiarion)?
b) POSSlÒl:: mtcr.f=c:e with all emergency :J ~ 1':
- '-'
response plaII or cm::rgenc:y eyac:uarion
plaI1?
- c:) The c:rearion of aIlY health hazard or :J D 0 !31
potentia1 health hazard?
d) b..-posme of people to ex:isting sources of D :J ~ ø
'-'
potential bealth hazards?
e) ]m:r.....zsed :fire hazard :in areas with D :J D !j?¡
flammable brush, =s, or 1Tees?
Comments: T.ne project proposes wouJd not pose a health hazard to humans nor wouJd it c:ause
a ::isk of ups::! :in ihe City as it s~..ks to upàate all ::xisting T nmsponation Development lmpa::t
~ -_.
]X NOISE. Would the proposal result in:
a) Inc:r--...zses:in ex:ist:ing noise levels? ¡:¡ :J ¡:¡ 1&
b) Exposure of people to severe noise levels? ¡:¡ 0 :J 1&
Comments: The sc:ope and nature of the proposed project would not have the c:apacity to r::sult
:in aIlY new not previously aIla1yzed noise impacts. The primary noise sourc:e throughout the area
at full build out would be fium veb:icular traffic:. On-site noise :impac:ts would oc:c:ur as
development takes place throughout the area. On-site noise impacts would :inc:rease as regiona1
1raÎÍÏc volumes Ìnc:r--...zse due to gI'O'wth and roadVlray segments are 'widened. The degree of impact
would depend on the location of the noise-sensitive receptors (homes, play ground areas, schooJs)
:in relarion to those roadways as well as the proposed grading and project design. The overall
noise issues were adeqUa1ely discussed m Master EIR 90-0lfor Otay Ranch.
X. PUBLIC SERVICES. Would the proposal
have a:n effect upon, or result in a need for new
or altered government sen,zces in any of the
following areas:
a) Fire protecrion? ¡:¡ 0 0 ¡g¡
b) Police protecrion? 0 0 0 ¡g¡
c) SchooJs? 0 0 0 ¡g¡
hg-tNo.i ....
J S'~';)Çø
__ ____ _ _.___.~____~_.._m______.___________.~_.__
"PU!'nliall~
hlnrtiaU,y Si:!nIfiO;Dt Less thar.
~n1rJCan1 'linteu Si:!niflC:all ",(,
lmp.C1 Mhi:al~ t]mpart Imna~
d) MaÍnt=ce ofpublic facilities, induåing :J ~ :J ¡¡;
~
roads?
e) Other governmental services? :J 0 0 ¡¡;
Comments: Project impacts to governmental services have been adequateJy anaJyzed in Master
- Em. 90-0lfor Otay Ranch. Appropriate miti~"rion has been adopted to adàress potenrially
significant impacts ITom Dew development. The proposed IDIF program does not propose any
Dew additionaJ development Dot previousJy anaìyzed.
:J 0 D ijI
Xl. Thresholds. Will the proposal adverseh
impact the Ciry's Threshold Standards?
A5 descnòed beJow, the proposed proje:: does nOT aàverseJy impact any of the seen
TnreshoJd Standaràs.
a) Fire.'3MS - - :J ¡;:
Tne Tnreshold Standaràs requÏres mat fue and medicaJ units must be able TO respond
to calls within 7 mÍDutes or less in 85% of the cas::.> and within 5 minutes or less in
75% of the cases. The City of Cnu1a Vista Fire Department inilicates that this
threshold standard will be met.
Comments: The threshold standards for FireIEMS do DOt appJy to the proposed project as then:
is no development associated with it at this time.
b) Police :J 0 0 ¡g
Tne ThreshoJd Standards requÏre that police units must respoDd to 84% of Priority 1
calls witiriD 7 minutes or less and maintain an average response time to all Priority 1
calls of 4.5 minutes orless. Police uniTS must respoDd to 62.10% of Priority 2 calls
witiriD 7 minutes or less and maÍntain an avernge respouse time to all Priority 2 calls
of 7 minutes or less.
Comments: Tne threshold standards for police do DOt apply to me proposed project as there is no
development associated with it at this time.
c) Traffic 0 0 0 ijI
The Threshold Standards requÏre that all intersections must operate at a Level of
Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may
occur during the peak two hours of the day at signalized intersections. Intersections
I :...; - ;) 7 hg: So. E .-
'-'~--'-'-'------------'_._'---"------"-_..--~---_.-
Potentialt!'"
PnteatiaU~.. Si::nific:an1 Les¡; tban
S~ilicaat lini~ S~nifican ,>,-
Impact MIt¢.ud tlmpact imp...::
Wesl ofI-805 are not to op=te 201 a LOS below their 19&7 LOS. No mrers::=tion ffiay
rÞ.~n LOS "E" or "F" during the av=e w::-...kday u=ak hour. 1Drerse::rions of an:::-:2.1s
- - .....
wim :fr=way ramps are exempted Ïrom this Standard. This Tnreshold Standard wiIJ
be complied 'with by developm:nt projects as each phase progresses and
implcm:ntation of area wide major road improvem:nts occur.
-
Comments: At this fune, the tÌIT"'..shold 5taDdaràs Îor traffic do not apply to the proposed ~iect
as there is no development associated with the 1DIF Program..
d) Parks/Recreation :J :J D I8I
Tne Tmeshold Standard Ïor Parks and Re::reation is 3 acres/I. 000 population.
'Comments: At rhis time, the threshold standards Îor traffic do Dot apply to the proposed projecT
2S there is no õevelopm::nt associated 'with the 1DIF Proþ-<1ill.
D :J - æ;
e) Drain2ge
The Tnreshold Standards reqlÙTe thaJ: sto= water flows and volumes not
exce::d City Engine::ring Standards. Individual projects will provide
necessary improvements consisr::nt 'with me Dramage Master PIan(s) and City
Engine::ring Standards.
Comments: At this time, the threshold standaràs Îor Drainage do not apply to the proposed
project as there is no development associated 'with the IDIF Program.
f) Sewer D D D I8I
The Threshold Standards require that sewage flo'ws and volumes not exceed
City Engine::ring Standards. 1Ddividua1 projects will provide necessary
improvements consistent with Sewer Master Planes) and City Engineering
Standards.
Comments: At this time, the threshold standaràs Îor Sewer do not apply to the proposed project
as there is no development associated with the TDIF Program.
g) Water D D D I8I
The Threshold Standards require that adequate storage, treatment, and transmission
facilities are constructed concurrently 'with planned growth and that water quality
h~t:No.9 .-
j ~þ )8'
"~ i;:;
_ _" ,"_ _.".~_,..___'__mm___._____""_+·_____~·_·__"_____·_"_~"_.._~___,__..
~ølnttiah~'
t'ott'DtiaU:,' 5i,:nilicaaI Less; tb.n
Sr;:aiflCUlt Un~f'5 ; Si~Dilïe&JI ....,
imparl Miti:8œd tlmparl Imn.at'1
standards aT: not jeoparãired during growth and construction.
Applicants may also be required to participate in whatever water conservation OT fee
off-set program the City of Chula Vista has :in effect at the time of builà:ing pem1Ït
ISsuanCe..
- Comments: At this rime, the thJ-...shold standards for W mer do not appJy to the proposed project
as there is no development associated with the IDIF Program.
xn UTILITIES AND SERVICE SYSTEMS.
Wauld Ihe proposal result in a need jor nel"
syste7T'.1i, or substanIial alteraIions TO the
jollowing 7.lIÍiiIies:
a) POWeT ornatural gas? - - ¡] ¡;:¡
- -
b) Co=unications systems? - - ¡] I3i
- -
c) Local or regional water n-eatment or - , :J ¡;:¡
-
dislIibution iacilities?
d) Sewer or septic tanks? " IJ ¡] ¡;:¡
e) StoDJ1 water drainage? :J ¡] ¡] ¡;¡
f) Solid waste disposal? :J ¡] ¡] g
Comments: T.nese issues were adequately addressed :in Master EIR 90-0J for Otay Ranch. ~o
furtber mitigation will be required. The proposal is the :first Step in ensuring that adequate funding
for transportation facilities will be provided in areas subject to future development.
XIII _.<\ESl'.l::l..h:llCS. Would the proposal:
a) ObSlIUCt any scenic vista or view open to ¡] ¡] 0 I8I
the public or will the proposal result in the
creation of an aesthetically offensive site
opento public view?
b) Cause the destruction or modification of a ¡] 0 0 181
scenic route?
c) Have a demonstrable negative aesthetic ¡] 0 0 I8I
effect?
.'
P2g: SO.]O ....
¡ 5 ~d 1
~---- .. -------. - ----,----- .--,..-.-...-..,--- - -~._--_._---_.+ -- - -------~------.._---------
"nleat&al~
"nteatiaU~' Si::nifianI Les~ tn.an
Sj;:Difianl tin~ess. Si=:nifican ,,'
Impaa Miti;'ated 11mpa!:! Imnat"l
d) C~ add::d light Dr glare sources thai :J ::J ::J ¡;;
could im:r....zse the level of s1.."")' glow m aD
ar-...a or c::anse this proj= to fail to comply
wrth Section 19.66.1 00 of the Chula Vista
Municipal Code, Title 197
- e) Reduce aD additional amount of spill light? ::J 0 0 ~
Comments: No impacts to scenic vistas or vje\\'s are Doted 'with project apprm·al.
XIV CULTURðJ.RESOURCES. Would1ÌJe
proposa.:.:
a) Will1iJ.e proposal r=lt m the alterarion of :J ::J IJ ~
or tD~ d~strucrion or a premsroric or :historic
aJ":naeological site 0
b) \";\~iI Ùl~ proposal T~suìi in aåverse pnysJcal - ~ :J ¡;::
-
OT 2.:smetic effects to a prebistoric or
mstoric building, SU"UCture or obj=?
c) Does the proposal have the potential 10 :J 0 0 ~
cause a physical change wirich would mect
. ,. cultmal val r¡
umqu~ etbmc ue:s.
d) "V\7ill the proposal restrict existing religious ~ 0 0 g
or sacred uses within the potential impact
area?
e) Is the area identified on the City's General ::J 0 D ~
PlaD. EIR as an area ofb:igh potential for
arcneologic::a1 resources?
Comments: As there :is no constrUction or deve10pment :inc::1uded in this legislative project, there
:is no potential to impact cultural or paleontological resources.
:X-V PALEOl'lc"TOLOGICAL RESOURCES. Will 0 0 0 ~
the proposal result žn the alteration of or the
destruction of paleontological resources?
Comments: As there:is no construction or deve10pment :inc::1uded in this legislative project, there
is no potential to impact cultural or paleontological resources
PZ}!~ NO. 1
/ê_-.2¿;
.ØJ .....
_ H_..~ _._._-----~..----.~. ---.. .. ..-.- "..-. ".-....--..-.--.------.--......-...----
t'OlrntiaJ~
PDleatiaU~ Si:::DirJCaIl1 Lcsfo thaI'!
S~iflc:a.aI ÙDI... S¢DiflCll1 ~,.
Impact Mit¢-.mI 11mpaC1 impa:::
À\"I RECREATION. J1'ould ¡he proposal:
a) 1m:r-...2Se the d=and forneighborÌlDod or ::J W ::J ¡;
regional parks or other recreational
fa..."Ìlities?
- b) AfÍe<:t existing recreational opportunities? ::J 0 0 !!II
c) Interfere with recreation parks & recr-..arion ::J 0 0 l!II
plans orprograms?
Comments: _~ there is no development proposed, there would be no impact upon the quality or
quantity of exisring recreational opportunities.
AT!! MANDATORY FINDINGS OF
SIGNIFICANCE: See Negarive Declararion
for manÒLlroryfindings of significance. If an
EIR is needed. this secrion should be completed.
2.) Dœs me proje:::t h2.ve me potential to , 0 ::J IE:
deg:rarle the quality of the environment,
substaDtiaDy reduce the habitat of a fun or
wi1clliie species, canse a ñsh or wi1d1iie
popu1arion to drop below se1f-sustaining
levels, threa1en to el;m;n~te a plant or
~n;m~l co=unity, reduce the number or
restrict the range of a =e or endangered
plant or ~n;m~ 1 or eliminate important
examples of the major periods or CaliÏomia
history or prehistory?
Comments: _~ there is no CODStruction or development proposed with the proposed updated
Transportation Development Impact Fee area and addressing transportation facility needs, the
project does not have the potential to degrade the quality of the environment..
b) Does the project have the potential to W 0 0 !!II
achieve short-term, to the disadvantage of
long-t=, environmental goals?
Comments: The project conforms to alllong-t= goals/plans for this area and therefore will not
achieve short-term goals to the disadvantage oflong-term goals.
c) Does the project have impacts that are 0 0 0 !!II
individually limited, but cumulatively
hg::Sc. ;:':
1<;;-31
_._."~.~.--_.__.._-----~.._----~--~...."------
f>DtlCntial~·
PøtlCllti.al~· Si::ailioun Les" trian
S~IfiCIUII liaØi S¢aifiean ~,.
Impaa Miti;:aled Ilmpact imnact
cDnsiderable? ("Cumulatively cDnsiderable"
m::ans thm the incremental effects Df a project
are cDnsiderable wben viewed in cDnnectiDn
váth the effects Df past projects, the ::ffects Df
Dther cmrent projects, and the effects Df
- probable future prDjects.)
Comments: Cumulative impact analysis fDr DVcmll project development east DfI-80S has been
evaluated by the City's General Plan and the variDus environmental documents prepared fDr the
variDUS planned cD=unities principally including Master EIR 90-01 fDr the Otay Ranch. Tne
prDpDsed project wDuld nDt result in .incremental effects Dot previDusly analyzed.
--
d) Does the project have envirDIlmental effect IJ IJ :J ø
which will cause substantial adv=e effects
on human b~~, either wect]y or indirectly?
Comments: The scope and nature of the project WDuld Dot have the capacity tD result in any such
impacts.
XIX. PROJECT REVISIONS OR MITIGATION MEASURES: No MitiœtiDn is urouDsed.
:xx. ENVIRONMENTAL FAcrORS POTEl\'TIALLY AFFECTED:
The above completed Initial Study checklist DID NOT find any env1roDIDental factDrs enume~ated
belDw that would be pDtentially affected by this project, Dor an impact that cDuld be considered
"PDtentially Si,:mi1Ícant Impact" or "PDtentially Significant Un1ess Mitigated".
o Land Use and Plannina o Transportation/CirculatiDn o Public Services
:>
o PopulatiDIl and o Biological Resources o Utilities and Service
HDusing Systems
o <;Jeophysical o Energy and MIDeral o Aesthetics
ResDurces .
o Water o Hazards o Cultural ResDurces
o Air Quality o NDise o RecreatiDn
o Mandatory Findings of Significance
. ~
I 5- 3 ;;;. ?a~e So. 13
- --....---- .._..._._._-_.._.._.._--~----.---------
· .
XXL DETERMINATION:
On the basis of this iDitial evaluation:
I :find that the proposed project COULD NOT have a significant effect on the []
- environment, and a NEGATIVE DECLARATION will be prepared.
I :find that although the proposed project could have a si~iñcant effect on the U
environment, there will Dot be a signiñcant effect :in iliis case because the
mitiga:tion measures described on an "tt""ned sheet have been 1idded to the project.
A MlTIGATED NEGATIVE DECLARATION "Will beprcpared.
I :find that the proposed project MAY have a si~iñcant effect on the environment, I;
~ and an ENVIRONMENTAL IMPACT REPORT is required.
I :find that the proposed project M.J\. Y have a si~ificant eñect(s) on the ~
L:
environment, but at least one effect: 1) has been adequ.areJy analyzed in an earner
document pumrant to applicable legal staD.dards, and2) has been adàressed by
mitigation me=es based on the earlier analysis as described on attached sh::::rs, if
the effect is a "po1f:I1tially si~iíicant impacts" or "potentially signiñcant 1JI1less
mitigated." lm ENVIRONMENT_.ð,L IMPACT REPORT is required, but it must
analyze only the effects that remain to be adw..ssed.
I :find that the proposed project 'WJLL NOT have a si~íicant effect on the ¡g¡
environment, and that the project site and sUITOunding area (a) have b= analyzed
adequately :in an earner EIR pursuant to applicabJe standards and (b) overall potential
impacts have been avoided or mitigated pursuant to that earlier EIR, :incJuã:iD.g
revisions or provision of mitigation measures that are imposed upon the proposed
project as applicabJe. An addendum has been prepared to provide a record of this
determiT1,,1ioIl.
~~~ Februarv J9. 1999
Envirom6btal Review Coordinator Date
City of ChuIa Vista
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i~
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING
ORDINANCE NO. 2251, RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR THE
TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES
WHEREAS, the City Council placed Ordinance No. 2802 on first reading on November 16,
1999 increasing the development impact fee to finance transportation facilities within the City of
Chula Vista, and
WHEREAS, pursuant to Government Code Section 66017(a), the fees increased by that
ordinance will not become effective until sixty (60) days after its second reading, and
WHEREAS, developments in the City which will impact various transportation facilities will
be applying for building permits during the interim period before the development impact fee
increase becomes effective, and
WHEREAS, Government Code Section 66017(b) authorizes the City to adopt an interim fee
as an urgency measure upon making a finding describing the current and immediate threat to the
public health, welfare, and safety, and
WHEREAS, said interim measure will be effective for thirty (30) days and may be extended
twice for additional thirty (30) day periods upon subsequent action by the City Council, and
WHEREAS, the City adopted Urgency Ordinance No. 2801-A, amending Transportation
Development Impact Fee Ordinance No. 2251, which will expire on December 16, 1999; and
WHEREAS, the City's Environmental Review Coordinator has determined that any impacts
associated with the proposed update of the Transportation Development Fee (including the interim
measure) have been previously addressed by EIR 90-01 (Otay Ranch GDP Program EIR) and has
therefore prepared an addendum to that document, and
WHEREAS, the City Council of the City of Chula Vista has previously reviewed, analyzed,
considered, and certified EIR 90-01 (Otay Ranch GDP Program EIR), and
WHEREAS, the City's Environmental Review Coordinator has reviewed the update to the
Transportation Development Impact Fee (including the interim measure) and prepared an
addendum to EIR 90-01 (Otay Ranch GDP Program EIR) which concluded that updating the
Transportation Development Impact Fee would not result in significant impacts pursuant to Section
15164 of the State CEQA Guidelines, and therefore found that the revisions would result in only
minor technical changes or additions which are necessary to make the EIR adequate under CEQA,
and
WHEREAS, state law requires said urgency ordinance to be adopted by a four-fifths vote.
1
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NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1: FINDINGS
The City Council finds that developers of land within the Eastern Territory should be
required to mitigate the burden created by development through the construction of transportation
facilities within the boundaries of the development, the construction of those transportation facilities
outside the boundaries of the development which are needed to provide service to the development
in accordance with City standards and the payment of a development impact fee to finance the
development's portion of costs of the transportation network; and,
The City Council finds that the legislative findings and determinations set forth in Ordinance
No. 2251 continue to be true and correct; and,
The City Council finds, after consideration of the evidence presented to it including the
"Eastern Area Development Impact Fees for Streets 1999 Update," that certain amendments to
Ordinance No. 2251 are necessary in order to assure that there are sufficient funds available to
finance the transportation facilities necessary to serve the eastern territories by the development
impact fee; and,
The City Council finds, based on the evidence presented at the meeting, the City's General
Plan, and the various reports and information received by the City Council in the ordinary course of
its business, that the imposition of traffic impact fees on all development in the eastern territories
for which building permits have not been issued is necessary in order to protect the public health,
safety and welfare and in order to assure effective implementation of the City's General Plan; and,
The City Council finds that the amount of the amended fees levied by this ordinance does
not exceed the estimated cost of providing the transportation facilities; and,
The City Council finds that it is appropriate to resolve the fees for commercial land uses to
reflect the fact that many of the trips associated with the commercial land uses are in fact, trips
associated with other land uses that incorporate an intermediate stop at a commercial land use
(passerby trips); and,
The City Council finds it is necessary to ensure the timely payment of the "DIF program
monitoring" cost item, included in Table E "Program Funding Requirements" of the Financial and
engineering study to adequately fund ongoing and future administration activities and studies; and,
The City Council finds that reduction of trips from commercial land uses may place an
inordinate burden on commercial land uses where public facility assessments have been placed on
the affected properties in anticipation of payment of transportation fees, and as a result of said
adjustment, the proposed fees are now lower than the value of the assessments; and,
The City Council finds that the Addendum prepared to EIR 90-01 reflects the independent
judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum to EIR 90-
01.
2
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SECTION 2: Findinq of Urqencv.
That the City Council of the City of Chula Vista finds that it is necessary that its development
impact fee for transportation facilities go into effect immediately in order that all properties in the
eastern section of the City pay their fair share of the cost of public transportation improvements
relating to the impacts caused by their development. Immediate implementation of this fee is
necessary due to the current and immediate threat to public safety which will result should there be
a shortfall in the amount of money necessary to pay for the various transportation facilities thereby
resulting in severe congestion and failure of the public transportation network necessary to serve
the increased population. The City Council finds that the prospect of a shortfall, failure of the street
system and concerns about an increased charge to remaining property owners constitutes a
current immediate threat to the public health, welfare and safety justifying the immediate imposition
of this fee.
SECTION 3: That the Development Impact Fee Schedule set forth in Section 1 (c) of Ordinance
No. 2251, as amended by Ordinance No. 2671, shall be amended to read as follows:
1.(c) The fee for each development shall be calculated at the time of building permit
application based upon the following schedule:
Development Type Transportation Fee
Single Family Detached Dwelling $5,9201 Dwelling Unit
Single Family Attached Dwelling $4,7361 Dwelling Unit
Multi-Family Dwelling $3,5521 Dwelling Unit
Senior Housing $2,3681 Dwelling Unit
Commercial $148,0001 Gross Acre
Commercial (High Rise) $236,8001 Gross Acre
Industrial $88,8001 Gross Acre
Golf Course $414,4001 Golf Course
Medical Center $384,8001 Gross Acre
The amount of the fee shall be adjusted, starting on October 1,2000, and on each
October 1 st thereafter, based on the one year change (from July to July) in the 20
City Construction Cost Index as published monthly in the Engineering News Record.
For Reference purposes, the July 1999 20 City Construction Cost Index is 6076.25.
Adjustments to the above fees based upon the Construction Cost Index shall be
automatic and shall not require further action of the City Council.
The City Council shall at least annually review the amount of the fee. The City
Council may adjust the amount of the fee as necessary to reflect changes in the
type, size, location or cost of the Transportation Facilities to be financed by the fee,
changes in land use designations in the City's General Plan, and upon other sound
engineering, financing and planning information. Adjustments to the above fees
resulting from the above reviews may be made by resolution amending the Master
Fee Schedule.
3
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SECTION 4: Ordinance 2251, Section 2: Definitions, is hereby amended to add the definition of
"High Rise Commercial" as follows:
(g) "High Rise Commercial" means commercial office usage 5 or more stories in height.
SECTION 5: That the definitions for "Eastern Territories" and "Financial and Engineering Studies"
as set forth in Section 2 of Ordinance 2251 are amended to read as follows:
(e) "Eastern Territories" generally means that area of the City located between Interstate
805 on the west, the City sphere of influence boundary on the east and northeast, the City
boundary on the north and the City's southern boundary on the south, excepting Villages 9
and 10 of the Otay Ranch "the University Site" as shown on the map entitled "Figure I" of
the Update of the Financial and engineering studies. The property known as Bonita
Gateway located at the northeast quadrant of Bonita Road and 1-805 intersection is also
included.
(f) "Financial and engineering studies" means the "Interim Eastern Area Development
Impact Fee for Streets" study prepared by George T. Simpson and Willdan Associates
dated November 1987, the "Eastern Area Development Fee for Streets" study prepared by
Willdan Associates dated November 19,1990, the "Eastern Development Impact Fee for
Streets - 1993 Revision" study prepared by City Staff dated July 13, 1993, and the study
prepared by Project Design Consultants ("Eastern Area Development Impact Fees for
Streets, 1999 Update") dated October 25,1999 which are on file in the Office of the City
Clerk".
SECTION 6: That the list of facilities and programs set forth in Section 3(a) of Ordinance 2251 is
amended to read as follows:
(a) The transportation facilities and programs to be financed by the fee
established by this ordinance are:
1.' State Route 125 from San Miguel Road to Telegraph Canyon Road.
2.' State Route 125 from Telegraph Canyon Road to Orange Avenue.
3. Telegraph Canyon Road from Paseo Del Rey to east of Paseo
Ladera/north side.
3a. Telegraph Canyon Road at 1-805 interchange/Phase II.
4.** Telegraph Canyon Road - Phase I Rutgers Avenue to Eastlake
Boundary.
5.** Telegraph Canyon Road - Phase II Paseo Ladera to Apache Drive.
6.** Telegraph Canyon Road - Phase III Apache Drive to Rutgers
4
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Avenue.
7. East H Street - 1-805 interchange modifications.
8.** East H Street from Eastlake Drive to SR-125.
9.** Otay Lakes Road from Camino del Cerro Grande to Ridgback Road.
10a. La Media Road from Telegraph Canyon Road to East Palomar
Street.
10b. La Media Road from East Palomar Street to Olympic Parkway.
11. Bonita Road from Otay Lakes Road to Central Avenue.
12. Bonita Road from Central Avenue to San Miguel Road.
13.' San Miguel Road from Bonita Road to SR-125.
14.** East H Street from State Route 125 to San Miguel Road.
15.*' Proctor Valley Road (East H Street) from San Miguel Road to Hunte
Parkway.
16. Olympic Parkway from Brandywine Ave. to Paseo Ranchero.
17a. East Palomar Street from Oleander Ave. to Sunbow Eastern
Boundary
17b. East Palomar Street from Sunbow eastern boundary to Medical
Center Drive.
18.*' Telegraph Canyon Road from eastern boundary of Eastlake to
Hunte Parkway.
19.*' Eastlake Parkway from Otay Lakes Road to EastLake High School
southern boundary.
20.*' Hunte Parkway from Proctor Valley Road to Telegraph Canyon
Road.
21.*' Hunte Parkway from Telegraph Canyon Road to Club House Drive.
21a. Hunte Parkway from South Greensview Drive to Olympic Parkway.
22. Olympic Parkway from EastLake Parkway to Hunte Parkway.
s
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23a. Paseo Ranchero from Telegraph Canyon Road to East Palomar
Street.
23b. Paseo Ranchero from East Palomar Street to Olympic Parkway.
24a. Olympic Parkway from Paseo Ranchero to La Media Road.
24b. Olympic Parkway from La Media Drive to East Palomar Street.
24c. Olympic Parkway from East Palomar Street to SR125.
24d. Olympic Parkway from SR125 to EastLake Parkway.
25. Olympic Parkway - 1-805 Interchange Modifications to Brandywine
Avenue.
26. East Palomar Street from eastern Sunbow Boundary. to Paseo
Ranchero.
27. East Palomar Street at 1-805 Interchange.
28. Otay Lakes Road from Hunte Parkway to Wueste Road.
29. Olympic Parkway from Hunte Parkway to Olympic Training Center.
30. Otay Lakes Road from SR-125 to Eastlake Parkway.
31. EastLake Parkway from Fenton Street to Otay Lakes Road.
32. East "H" Street from 1-805 to Hidden Vista Drive.
33.** Bonita Road at Otay Lakes Road Intersection.
34.** Otay Lakes Road at Elmhurst Drive Intersection.
35.** East "H" Street at Otay Lakes Road Intersection.
36. Traffic Signal Interconnection - Eastern Territories.
37. EastLake Parkway from Eastlake High School southern boundary to
Olympic Parkway.
38.** East "H" Street from Paseo Del Rey to Tierra del Rey.
39.** Bonita Road from 1-805 to Plaza Bonita Road.
40. Alta Road from SR125 to Eastlake Parkway.
6
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41. Brandywine/Medical Center Drive from Medical Center Court to
Olympic Parkway
42. Birch Road from La Media Road to SR125.
43. Birch Road from SR125 to Eastlake Parkway.
44. Birch Road from Eastlake Parkway to Hunte Parkway.
45. Eastlake Parkway from Olympic Parkway to Birch Road.
46. Eastlake Parkway from Birch Road to Rock Mountain Road.
47. Mt. Miguel Road from Proctor Valley Road South to Proctor Valley
Road North
48 Hunte Parkway from Olympic Parkway to Birch Road.
50. La Media Road bridge crossing the Otay River (112 the cost).
51. La Media Road from Olympic Parkway to Birch Road.
52. La Media Road from Birch Road to Rock Mountain Road.
53. La Media Road from Rock Mountain Road to Otay Valley Road.
54. La Media Road from Otay Valley Road to southern City boundary.
55. Otay Lakes Road from East H Street to Telegraph Canyon Road.
56.a Otay Valley Road from 1-805 to Rock Mountain Road.
56.b Otay Valley Road from Rock Mountain Road to La Media Road.
56.c Otay Valley Road from La Media Road to SR125.
57. Paseo Ranchero from Olympic Parkway to Otay Valley Road.
58. Paseo Ranchero Otay Valley Road to southern City Boundary
(including bridge crossing the Otay River) (1/2 the cost).
59. Proctor Valley Road from Hunte Parkway to eastern City boundary
at Upper Otay Reservoir.
60. Rock Mountain Road from SR125 to Otay Valley Road.
7
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_.___.,__..__...'__nM_.,,_.__..,__~···_._~
61. Willow Street from Bonita Road to Sweetwater Road (including
bridge over Sweetwater River).
62. East H Street from Buena Vista Way to Otay Lakes Road.
63. Intersection Signalization area wide within the Eastern Territories.
64. Development Impact Fee program support.
* Project is now included in the interim pre-SR125 transportation facility fee.
*' Project has been completed.
SECTION 7: That Section 4(c) of Ordinance 2251 as amended by Ordinance No. 2289 shall be
amended to read as follows:
6. Upon approval of the estimated cost by the Director of Public Works, the developer
shall be entitled to immediate credit for 50 percent of the estimated cost of the
construction attributable to the Transportation Facility Project. Once the developer
has received valid bids for the project which have been approved by the Director of
Public Works, the amount of the immediate credit shall be increased to 75 percent
of the bid amount. The immediate credits shall be applied to the developers'
obligation to pay fees for building permits issued after the establishment of the
credit. The developer shall specify these building permits to which the credit is to be
applied at the time the developer submits the building permit applications.
7. If the developer uses all of the immediate credit before final completion of the
Transportation Facility Project, then the developer may defer payment of
Development Impact Fees for other building permits by providing to the City liquid
security such as cash or an irrevocable letter of credit, but not bonds or set-aside
letters. in an amount equal to the remaining amount of the estimated cost of the
Transportation Facility Project.
10. The developer will receive the credit against required Development Impact Fees
incrementally at the time building permits are issued for the developer's project.
If the total construction cost amounts to more than the total Development Impact
Fees which will be required for the developer's project, then the amount in excess of
Development Impact Fees will be paid in cash when funds are available as
determined by the City Manager; a reimbursement agreement will be executed; or
the developer may waive reimbursement and use the excess as credit against
future Developer Impact Fee obligations. The City may, in its discretion, enter into
an agreement with the developer to convert excess credit into EDU and/or gross
acre credits for use against future Development Impact Fee obligations at the fee
rate in effect on the date of the agreement.
8
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11. The requirements of this Section 4(c) may, in the City's discretion, be modified
through an agreement entered into with the developer.
SECTION 8: That Ordinance 2251 as amended by Section 5 of Ordinance No. 2604 is amended
to read as foilows:
A 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 traffic needs or burdens of the
development, may apply to the City Council for a waiver, reduction, or deferral of
the fee. A development which is designed and intended as a temporary use (10
years or less) and which is conducted in facilities which are, by their nature, short
term interim facilities such as a portable or modular building (including mobile
homes, trailers, etc.) may qualify for a waiver, reduction, or deferral. In addition, a
deferral may be granted on the basis of demonstrated economic hardship on the
condition that (1) the use offers a significant public benefit; (2) the amount deferred
bears interest at a fair market rate so as to constitute an approximate value
equivalent to a cash payment; and (3) the amount deferred is adequately secured
by agreement with the applicant. Unless the requirement for timely filing is waived
by the City, the application shall be made in writing and filed with the City Clerk not
later than ten (10) days after notice of the public hearing on the development permit
application or the project is given, or if no development permit is required, at the
time of the filing of the building permit application. The application shall state in
detail the factual basis for the claim of waiver or reduction.
B. Any developer who proposes a golf course and contends that the application of the
Development Impact Fee is unrelated to the mitigation of the traffic needs of the golf
course may apply to the City Council for a reduction of the fee based on the nature
of the proposed golf course. An interim reduction may be granted in the City's
discretion pursuant to a written agreement with the developer and upon developer's
submission of a preliminary traffic study which adequately supports the contention
that the fee imposed by this ordinance is not related to the traffic to be generated by
the golf course. The City's final decision on the fee to be imposed on the golf
course will be based on a traffic study to be paid for by developer and prepared and
submitted for approval by the City's Director of Public Works within the fourth year
of operation of the fuily developed golf course. Should developer fail to submit
such traffic study and obtain the City's approval thereof during the fourth year of golf
course operation, the entire fee imposed by this ordinance shail be immediately due
and payable. If a fee reduction is permitted the City Council may ailow developer to
pay the Development Impact Fee over a ten year period.
C. The City Council shail consider the application at a public hearing on same, notice
of which need not be published other than by description on the agenda of the
meeting at which the public hearing is held. Said public hearing should be held
within sixty (60) days after its filing. The decision of the City Council shail be final.
If a deferral, reduction or waiver is granted, it should be granted pursuant to an
agreement with the applicant, and the property owner, if different from the applicant,
9
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providing that any change in use within the project shall subject the development to
payment of the full fee. The procedure provided by this Section is additional to any
other procedure authorized by law for protesting or challenging the fee imposed by
this ordinance.
SECTION 9: That Ordinance 2251 as amended by Section 5 of Ordinance No. 2580 is amended
to read as follows:
The "DIF Program Support" shall with no exceptions be paid in cash concurrently with the
development impact fee at a rate equal to 3% of the total applicable fee.
SECTION 1 0: All remaining provisions of the Ordinance amended herein shall remain in full force
and effect until and unless specifically repeaied.
SECTION 11. Expiration of this ordinance
This ordinance shall be of no further force and effect 30 days after its adoption.
SECTION 12: Time limit for protest and iudicial action
Any judicial action or proceeding to attack, review, set aside void or annul this ordinance
shall be brought within the time period as established by law.
In accordance with Government Code Section 66020(d)(1), the ninety day approval period
in which parties may protest begins upon the effective date of this ordinance.
SECTION 13: Effective Date.
This Ordinance shall become effective immediately upon four-fifths vote.
Presented by: Approved as to form by::
~ ~~ k--
John P. Lippitt John M. Kaheny
Director of Public Works City Attorney
H:\SHAREDlENGI NEER\TOI FORD4. CLS
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COUNCIL AGENDA STATEMENT
Item ! (p
Meeting Date 12/14/99
ITEM TITLE: Public Hearing regarding the formation of a reimbursement district for the
construction of the Proctor Valley Trunk Sewer
Resolution Approving the allocation of cost, authorizing
formation of a reimbursement district for construction of the Proctor
Valley Trunk Sewer and authorizing the Director of Public Works to enter
into a reimbursement agreement with Pacific Bay Homes
SUBMITTED BY: Director of Public wor~~
C¿
REVIEWED BY: City Manager I I)?-- (4/5ths Vote: Yes_NoX)
{rf
In July 1992, The Baldwin Company completed the installation of approximately 9,800 linear feet
of sewer line in Proctor Valley Road. This sewer facility was oversized to provide sewer capacity
for all properties located within the Proctor Valley gravity sewer basin. On March 2, 1999,
Council adopted Resolution 19381, initiating proceedings for the formation of a reimbursement
district requested by Pacific Bay Homes for construction of the Proctor Valley Trunk Sewer and
calling a Public Hearing.
RECOMMENDATION: That Council conduct the Public Hearing and adopt the above
resolution authorizing the formation of a reimbursement district.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Baldwin Company, the original Developer of the Salt Creek I subdivision, originally
proposed to install a sewage pump station discharging into the Telegraph Canyon Sewer to serve
Salt Creek I. Due to the feasibility of constructing a gravity sewer to serve the Proctor Valley
area, construction of a gravity sewer line was required. Resolution 15299 (Attaclunent A), which
approved the Salt Creek I Tentative Map on September 12, 1989, required the developer to
provide excess capacity to accommodate future sewage flows and allowed the developer to enter
into a reimbursement agreement with the City for reimbursement of costs attributable to oversizing
(Condition 27). Construction of the Proctor Valley Sewer was completed in July 1992. This
sewer was primarily constructed within unincorporated County territory, and it connects to Spring
Valley Sanitation District sewer facilities.
I' ¡
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Page 2, Item_
Meeting Date 12/14/99
Reimbursement districts are addressed in Chapter 15.50 of the Municipal Code, which refers to
Sections 66485 through 66489 of the Subdivision Map Act. Where a subdivider is required to
install improvements with supplemental size, capacity or length for the benefit of property outside
the subdivision, the Map Act requires the local agency to enter into an agreement to reimburse
the subdivider for the excess costs. Sanitary sewer benefit areas can also be establ ished. Section
13 .16 .170 of the Municipal Code also allows the City to establish special assessments for
properties benefiting from a public sewer line.
Approximately 26 percent of the final construction cost of the Proctor Valley Sewer ($105,529.46 )
was included in Assessment District 90-1. These costs are levied on the properties within the Sal t
Creek I development. Financing of the remaining costs was delayed due to changes in ownershi p
of the developer and the need to enter into several agreements with the Spring Valley Sanitation
District regarding the City's use of District facilities.
Wilson Engineering originally prepared a report entitled, "Proctor Valley Trunk Sewer
Reimbursement Fee Study" in November 1998. On March 2, 1999 Council adopted Resolution
19381 (Attachment B), which initiated proceedings for formation of a reimbursement district at
the request of Pacific Bay Homes, the developer that had acquired interest in Salt Creek I. The
public hearing was originally set for April 13, 1999 but was continued due to a need to revis e the
study, to obtain the information required by Chapter 15.50 of the Chula Vista Municipal Code and
to provide public noticing.
The study was completed by Wilson Engineering on September 14, 1999. As verified by City
staff, the total reimbursable cost for the Proctor Valley Sewer was determined to be as follows:
I Proctor Valley Sewer Cost Summary I
Description Cost
Total Construction Cost $405,883
Previous Funding through AD 90-1 (105,529)
Civil Engineering 30,441
Soils Engineering 20,294
Surveying and Staking 1,015
Construction Administration and Supervision 7,103
City and County Plan Check and Inspection 26,320
Charges
TOTAL $385,527
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Page 3, Item_
Meeting Date 12/14/99
Since most of these costs were incurred during 1991 and 1992, they were escalated to August
1999 using the ENR Construction Cost Index, resulting in a present worth cost of $431,790.
Other than the Salt Creek I development, which is paying for its share of sewer line costs throug h
AD 90-1, a total of 2,295 Equivalent Dwelling Units (EDUs) are expected to connect to the
Proctor Valley Sewer. This includes 648 EDUs in Salt Creek Ranch, 1,488 EDUs in San Miguel
Ranch, and 159 EDUs in other areas. Bonita Meadows is not included because it is anticipated
that the properties in this area will connect directly to the County's Frisbie Trunk Sewer
downstream of the Proctor Valley sewer due to topography. Previous Sewer Reimbursement
Districts established by the City between 1963 and 1983 were reviewed to determine the
methodology used to divide up the costs. Determining a cost per single family home (EDU) was
the most widely used method for residential areas. Dividing the 2,295 EDUs into the $431,790
results in a connection fee of $188 per EDU.
The Reimbursement District boundaries and parcels included within the district are shown on the
Proctor Valley Trunk Sewer Benefit Area Map (Attachment C). A list of Parcel Numbers,
owners' names as of July 1999, projected EDUs and charges per parcel is included in Attachment
D. These charges have been included on the notices sent to all affected property owners.
Approximately 74 parcels have already been issued building permits as of November 1999 (46 of
which were finalled) and will not be charged for this fee. Since most of these permits are for area s
developed by Pacific Bay Homes, this will not result in a significant loss of revenue for the
developer. Pacific Bay Homes will not be required to pay the District fees on building permits
for properties within the District.
The reimbursement shall be subject to an annual seven percent annual interest charge as stipulated
in Municipal Code Section 15.50.090. Six percent of this shall be payable to Pacific Bay Homes
for the advancement of funds, and one percent shall be payable to the City to cover administrative
expenses. The interest shall be calculated on a quarterly bas is and shall include the total number
of full quarters from the date of commencement up to but not including the quarter in which the
charges are paid. The date of commencement shall be the date the District is established (the date
this resolution is passed). The reimbursement amount and interest shall be payable at the time that
the building permits are issued.
Section 15.50.090 of the Chula Vista Municipal Code states that the City Council may direct that
a reimbursement agreement be prepared between the developer and the City. Attached is a draft
copy of this agreement specifying arrangements for collection and payment of the reimbursement
district fee (Attachment E). Note that, although the sewer facilities were originally built by the
Baldwin Company, the financial interest in such facilities has been passed to Pacific Bay Homes.
/r; ')
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Page 4, Item_
Meeting Date 12/14/99
FISCAL IMPACT: There will be minimal fiscal impact to the City, since the sewer line was
designed and constructed by the developer and the staff costs for establishing the District are bem g
paid by the developer through a deposit account. The City's cost of administering the District will
be paid out of the one percent annual interest rate charge. This would amount to approximately
$4175 per year for all parcels within the District that had not been issued building permits as of
November 1999.
Attachments
A. Resolution 15299
B. Resolution 19381
C. Proctor Valley Trunk Sewer Benefit Area Map
D. Table 4-3: Summary of Reimbursements by Assessor's Parcel Number
E. Draft Agreement with Pacific Bay Homes
M :\HOME\ENGINEER\AGENDA \PROCTSEW .EMC
November 23, 1999 (5:11pm)
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47//lé'1//'l ff/I/T A
Revised 9/15/89
RESOLUTION NO. 15299
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING TENTATIVE SUBDIVISION
MAP FOR 130 ACRES KNOWN AS SALT CREEK I, CHULA
VISTA TRACT 89-9 - THE BALDWIN COMPANY
The City Council of the City of Chula vista does hereby
as follows:
WHEREAS, The Baldwin Company has submitted a tentative
ision map known as Salt Creek I, Chula Vista Tract 89-13
130 acres located at the northeasterly and southeasterly
ants of East nHn street extended and proposed State Route
and
WHEREAS, the Final Environmental Impact Report for the
oposal, EIR-8 9-9, has previously been considered by the
1, and
WHEREAS, on August 9, 1989, the Planning Commission
6-0 to recommend that Council approve the tentative
sion map in accordance with Resolution PCS-89-9.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
City of Chula Vista does hereby approve the tentative
is ion map for Salt Creek I, Chula Vista Tract 89-9 based on
following findings:
pursuant to Section 66473.5 of the Subdivision Map
, the tentative subdivision map for Salt Creek I, Chula Vista
Tract 89-9, is found to be in conformance with the various
elements of the City's General Plan based on the following:
1. The site is physically suitable for residential
development and the proposal conforms to all
standards established by the City for such projects.
2. The design of the subdivision will not affect the
existing improvements, such as streets and sewers,
which have been designed to avoid any serious
problems.
3. The project is in substantial conformance with the
Chula Vista General Plan Elements as follows:
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a. Land Use - The project density of 7.1 du/ac is
consistent with the Medium Density range of
6-11, and less than the target density of 8.5.
Clustering to achieve 15 du/ac on 9.6 acres
represents 12% of the project area which is
within the 30% clustering rule.
b. Circulation - The project includes over 35 acres
of street improvements and dedications. All
streets are designed at or above General Plan
standards.
c. Housing - The project will provide a variety of
housing types including single family detached,
townhomes, and condominiums. The developer will
provide 10% of the project units for low and
moderate income housing.
d. Conservation - Areas containing coastal sage
scrub habitat will be preserved both on and
off-site, and an on-site area is provided for
the Otay Tarplant.
e. Park and Recreation, Open Space - The project
will be required to pay PAD fees, and establish
a public park site in the first phase of the
adjoining Salt Creek Ranch property. On-site
recreation areas are or will be provided for the
multiple-family projects.
f. Seismic Safety - There are no known active
faults within the vicinity. The closest
potentially active fault is located
approximately two miles to the west of the site.
g. Safety - The provision of adequate police
protection will be verified by the CVPD prior to
the issuance of building permits. A one acre
fire station site within the vicinity shall be
required prior to final map approval. The
project must meet the City's threshold standards.
h. Noise - Noise barriers shall be required where
necessary along the SR-125 corridor.
i. Scenic Highway - Landscape buffers and
decorative walls will be established along East
"H" Street and the SR-125 corridor.
j . Bicycle Routes - East " H" Street and San Miguel
Road are designated bike routes and will be
designed accordingly.
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k. Public Buildings - No public buildings are
proposed on the property. The project will be
required to pay RCT fees prior to the issuance
of building permits.
4. Pursuant to the Subdivision Map Act, the
Commission/Council certifies that it has considered
the effect of this approval on the housing needs of
the region and has balanced those needs against the
public service needs of the residents of the City
and the available fiscal and environmental resources.
5. Pursuant to Section 66473.1, lots within the single
family area have been tiered to maximize natural and
passive heating and cooling opportunities.
Buildings in the town homes area have been oriented
to optimize passive solar heating.
BE IT FURTHER RESOLVED that the approval of the
tive subdivision map for Salt Creek I is subject to the
owing conditions:
Street-side landscape buffers backed by decorative walls
shall be established outside the right-of-way adjacent to
East "H" Street, San Miguel Road and Proctor Valley Road.
The minimum landscaping depth shall be 20 ft. along East "Hn
Street and the rear of lots 10-18, 8 ft. along the remaining
portions of San Miguel Road, and 5.5 ft. along the remaining
portions of Proctor Valley Road.
Landscape buffers shall be level or maximum 5:1 slope (except
those along East nHn Street, and the rear of lots 10-18)
subject to review and approval of the City Landscape
Architect. All landscape buffer areas shall be shown as
separate lettered lots and included within an open space
maintenance district.
All open space lots shall be included in an open space
maintenance district. Expand the open space lots to include
the areas at the end of cul-de-sacs A, B & F.
Decorative walls of solid stucco or slump block subject to
review of the Director of Planning and/or Director of Parks
and Recreation shall be used adjacent to East nH" street, San
Miguel Road, Proctor Valley Road, SR-125, other open space
lots and at exterior sideyards at the entries to the single
family area. The program shall include decorative, security,
view retaining and sound walls as appropriate.
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walls shall be located within the open space maintenance
district. The owners of adjoining lots shall sign a
statement when purchasing their homes that they are aware
that the wall is on City property and that they may not
modify or supplement the wall or encroach onto City
property. These restrictions shall also be reflected in the
CC&R'S for each lot.
The SR-125 corridor shall be included in an open space
maintenance district pending its acceptance by the state.
The open space maintenance district for Salt Creek I shall
include the subdivider's Salt Creek Ranch property to the
east. The subdivider shall not oppose the inclusion of
additional areas within the district.
provision shall be made to include a public park site in the
first phase of Salt Creek Ranch and in close proximity to the
project site. PAD fees shall be deposited in a special
account to be used to assist in the construction of this or
other park facilities at the recommendation of the Director
of Parks and Recreation.
Landscape and irrigation plans and a water management program
shall be submitted for all Open Space lots and the SR-l25
corridor subject to review and approval of the City Landscape
Architect. The Grading and Landscaping proposal for the
northwest and southwest intersection of East RH" Street and
San Miguel Road shall reflect "opening-up" the intersection.
Al! landscaping within the project shall be native,
drought-resistant plant ma ter ial. Excluded from the
requirement are active recreational areas. An exception can
also be made for areas where reclaimed water is exclusively
used.
The 237 units proposed for Parcel R-17 and the 144 units
proposed for Parcel R-18 shall be considered maximums and
subject to reduction as a result of review and approval of
precise development plans.
The Developer shall reach an agreement with the City to
devote at least 10% of the project units (approximately 55
units) to low and moderate income housing.
Written evidence shall be submitted to the City that
agreements have been reached with both school districts
regarding the provision of adequate school facili ties to
serve the project prior to approval of the final map.
13. The approval of all final maps will require compliance with
the City's adopted threshold standards to the satisfaction of
the Director of Planning.
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Lot 183 shall be offered for future street dedication to be
used in conjunction with a potential interchange loop ramp.
Final approval of plans for the townhomes area (Parcel R-17)
shall be withheld pending a determination of the need for the
looP· Alternatively, the developer may submit plans which
exclude the area needed for the loop based on a detailed
design study acceptable to the City and CalTrans.
The developer shall be responsible for the construction of
full street improvements in all the public streets shown on
the Tentative Map within the subdivision boundary, with the
exception of San Miguel Road and SR 125, and for the
const%: uct ion of necessary off-site improvements to construct
proctor Valley Road and East "H" street as shown on the
Tentative Map to the satisfaction of the City Engineer. The
developer shall be responsible for the construction of all
street improvements in San Miguel Road lying westerly of the
center line and an additional 3 feet easterly of the center
line.
Said improvements shall include, but not be limi ted to,
asphalt concrete pavement, base, concrete curb, gutter and
sidewalk, sewer and water utilities, drainage facilities,
street lights, signs, fire hydrants and transitions.
Streets A, B, C, D, E, F, I and a portion of Street G shall
conform to City standards for residential streets. Streets J
and the remaining portion of Street G shall conform to City
standards for residential collector streets. East " H" Street
shall conform to City standards for six-lane, prime arterial
streets. Proctor Valley Road and San Miguel Road shall
conform to City standards for Class 3 collector streets and
Class 1 collector streets (94 feet of right-of-way minimum) ,
respectively.
The developer shall be responsible for paving the temporary
connection to Proctor Valley Road easterly of San Miguel Road
with asphalt concrete for a distance of 50 feet. The
remainder of the road shall be provided with an all-weather
surface such as decomposed granite.
. The developer shall be responsible for providing adequate
right-of-way to construct Proctor Valley Road and East "H"
Street as shown on the Tentative Map. Said right-of- way
shall be dedicated prior to or in conjunction with approval
of the Final Subdivision Map.
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The developer shall be responsible for the grading of SR 125
and all associated ramps at the intersection with East "H"
street to the satisfaction of the City Engineer.
The developer shall be responsible for offering for
dedication adequate right-of-way to construct SR 125 to 10
lanes plus required on and off ramps and a truck lane. Said
right-of-way shall be offered for dedication to the City.
The SR 125/East "H" Street interchange shall conform to
CalTrans design standards for interchanges.
Alternately, reduced right-of-way width for SR 125 may be
offered for dedication if traffic studies indicate less
right-of-way will be adequate at "build-out". Said study
shall be reviewed and approved by the City prior to issuance
of any grading permits or approval of any Final Maps for this
subdivision.
The developer shall grant to the City street tree planting
and maintenance easements along all public streets as shown
on the Tentative Map. The width of said easements shall be
as outlined in the City's Street Design Standards Policy.
Access rights to East "H" street, Proctor Valley Road and San
Miguel Road from any residential lots which are contiguous to
said streets shall be relinquished.
The developer shall grant easements for all off-site public
storm drains and sewers prior to approval of the Final Map.
Easements shall be a minimum width of 6 feet greater than
pipe size, but in no case, less than 10 feet.
All work within the pUblic right-of-way shall be done in
accordance with the Standard Specifications for Public Works
Construction, the San Diego Area Regional Standard Drawings
and the Design and Construction Standards of the City of
Chula Vista. All design shall conform to City of Chula Vista
Subdivision Manual, street Design Standards POlicy, Standard
Drawings and the State of California requirements.
Sewer manholes shall be provided at all changes of alignment
and grade. Sewers serving 10 or less lots shall have a
minimum grade of 1%.
An erosion and sedimentation control plan shall be prepared
as part of the grading plans.
Cul-de-sacs and knuckles shall be designed and built in
accordance with City Standards.
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fie methods of handling storm drainage are subject to
de iled approval by the City Engineer at the time of
submission of improvement and grading plans. Design shall be
accomplished on the basis of the requirements of the
Subdivision Manual and the Grading Ordinance (No. 1797 as
amended). The developer shall submit calculations to
demonstrate compliance with all drainage requirements of the
subdivision Manual.
The developer shall provide notarized letters of permission
for all off-site grading.
The gravity sewer system shall be designed to accommodate
future upstream sewage flows. The developer may enter into a
reimbursement agreement with the City for the reimbursement
of costs attributable to such oversizing.
Underground traffic signal equipment and traffic signal
standards shall be installed at the intersections of East "H"
Street with San Miguel Road and Proctor Valley Road with San
Miguel Road.
Interconnect conduit, pull boxes and pUllrope shall be
installed to connect the following intersection signal
systems:
a. East "H" Street/San Miguel Road to Proctor Valley
Road/San Miguel Road
b. East "H" Street/San Miguel Road to East "H" Street/
EastLake Drive
Prior to the approval of any Final Map for subject
subdivision or any unit thereof, the subdivider shall obtain
all off-site right-of-way necessary for the installation of
required improvements for that unit.
If the developer requests the City to use its power of
eminent domain to acquire said off-site right-of-way, the
developer shall pay all costs, both direct and indirect
incurred in said acquisition.
The developer shall grant to the City I-foot control lots
adjacent to Proctor Valley Road and San Miguel Road.
Prior to the approval of any Final Map which includes a
portion of the streets listed below, the developer shall
sUbmi t plans demonstrating the feas ibil i ty of the extension
of said streets.
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proctor Valley Road
san Miguel Road
East "H" street
developer shall comply with all relevant Federal,State
Local regulations, including the Clean Water Act. The
developer shall be responsible for providing all required
testing and documentation to demonstrate said compliance as
required by the City Engineer.
The location of street entries and major entries for
multi-family projects on San Miguel Road shall be approved by
the City Engineer.
All streets within the multi-family developments shall be
private. Detailed horizontal and vertical alignment of the
centerline of said streets shall be reflected on the
improvement plans for said developments. Design of said
streets shall meet the City standards for private streets.
The developer shall provide for the cos ts associated wi th
maintenance of the sewer pump station prior to approval of
any subdivision Maps.
The developer shall obtain permission from the City to
deposit sewage in a foreign basin prior to approval of any
subdivision Map which shall require any sewage to be
transferred from an existing basin into another basin. The
permission shall be in the form of an agreement whereby the
City shall agree to such transfer, and the developer shall
agree to the construction of certain improvements in the
system that will accept said sewage and to the circumstances
under which said permission may be revoked.
The developer shall enter into an agreement whereby the
developer agrees that the City may withhold building permits
for any units in the subject subdivision if traffic on East
"H" Street exceed the levels of service identified in the
City's adopted thresholds.
The property owner shall agree to not protest formation of a
district for the maintenance of landscaped medians and
parkways along streets within and adjacent to the subject
property.
40. A paved access road with a minimum width of 12 feet shall be
provided to all sanitary sewers and cleanoutS.
41. Graded access shall be provided to all public storm drain
structures including inlet and outlet structures. Paved
access shall be provided to drainage structures located in
the rear yard of any residential lot.
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lines shall be located at the top of slopes. Lots shall
so graded as to drain to the street or an approved
system. Drainage shall not be permitted to flow
slopes.
boundary of the subdivision shall be tied to the
ifornia Coordinate system - Zone VI (1983).
curves and intersection corner sight distance
requirements shall conform to the requirements J.n the
CalTrans Highway Design Manual.
preparation of final plans shall be based on the approved
City benchmark system.
san Miguel Road, at the southerly boundary of the
subdivision, shall terminate in a temporary cul-de-sac.
The developer shall provide access on an equal basis to and
upon individual lots for all franchised cable television
companies.
Sewer and water facilities shall be a minimum of 10 feet
apart.
The subject property is within the boundaries of Assessment
District 85-2. The developer shall be responsible for all
costs associated with reapportionment of assessments as a
result of subdivision of lands within the project boundary.
The developer shall enter into an agreement with the City
wherein he holds the City harmless from any liability for
erosion, siltation or increased flow of drainage resulting
from this project.
The developer shall be responsible for mitigation of drainage
impacts due to increases in storm runoff as required in the
Environmental Impact Report for this project. Said
mitigation shall be approved by the City Engineer.
The developer shall be responsible for constructing the sewer
in San Miguel Road along an alignment which follows the
future alignment of the center line of San Miguel Road.
Alternately, if the sewer does not follow said alignment, the
sewer shall be relocated at the time that ultimate
improvements are constructed in San Miguel Road.
a. Temporary access from East "H" Street to "F" Street
shall be abandoned as follows:
i. Within two years after the final inspection of the
first building permit for this project.
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ii. Within 30 days after final inspection of any
building permit in Phase 3.
iii. Prior to occupancy in Phase 3.
iv. If East "H" Street is open to traffic easterly of
San Miguel Road.
v. If non-project generated traffic becomes a problem,
as determined by the City Engineer.
b. The purchasers of all single family homes shall sign a
statement acknowledging that access from East "H" Street
is temporary and will be abandoned, and agree to waive
any right to protest such abandonment.
c. The temporary access road shall conform to Ci ty
standards.
The owner shall comply wi th all applicable sections of the
Chula Vista Municipal Code. Preparation of the Final Map and
all plans shall be in accordance with the provisions of the
Subdivision Map Act and the City of Chula Vista Subdivision
Ordinances and Subdivision Manual.
Prior to the issuance of building permits each project
component shall show compliance with the City's Growth
Management Element and Program to the satisfaction of the
Director of Planning.
The developer shall provide dual piping 1 ines for reclaimed
water within the street right-of-way as approved by the
PUblic Works Director and the Otay Water District.
Parking of recreational vehicles within the townhouse area on
private streets shall be subject to the same parking
requirements as those in effect on public streets within the
City. This should be so noted in the project CC&R's.
Approved as to form by
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-_._~._._.".-
ution 15299
APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
ifornia, this 12th day of September, 1989 by the following vote:
AYES: Counci 1 members: Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: Malcolm, McCandliss
ABSTAIN: Councilmembers: None
~ ~J''o/
reg y . Cox, Mayor
OF CALIFORNIA )
OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resol ution No. 15299 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
Cal i forni a, at a regul ar meeting of sai d City Counci 1 hel d on the 12th day of
September, 1989.
Executed this 12th day of September,1989.
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RESOLUTION NO. 19381
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA INITIATING PROCEEDINGS FOR FORMATION OF A
REIMBURSEMENT DISTRICT FOR THE PROCTOR V ALLEY
TRUNK SEWER AND CALLING A PUBLIC HEARING FOR APRiL
13, 1999 AT 6:00 P.M. TO ESTABLISH THE DISTRiCT
WHEREAS, in July of 1992, the Baldwin Company, the developers of the Salt Creek
I development completed the installation of approximately 9,800 feet of sewer line in Proctor
Valley Road; and
WHEREAS, said sewer facility was oversized to provide sewer capacity for all
properties located within the Proctor Valley gravity basin: and
WHEREAS, Chapter 15.50 of the Chula Vista Municipal Code and Section 66485 of
the . Subdivision Map Act provide for the formation of reimbursement districts for
reimbursement for the construction of a facility which provides capacity exceeding the
development needs; and
WHEREAS, due to ownership changes, the reimbursement district was not established
at that time; and
- ~
.
WHEREAS, in November of 1998, a reimbursement fee study was submitted to the
City by Wilson Engineering, engineering consultant for the current owners, Pacific Bay Homes;
and
WHEREAS, staff has completed its review of this study and recommends that a
reimbursement district for the Proctor Valley Sewer be formed.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby direct the City Manager to initiate proceedings for formation of a reimbursement
district for the Proctor Valley Trunk Sewer.
BE IT FURTHER RESOLVED that the City Council does hereby set Tuesday, April 13,
1999, at the hour of 6:00 p.m., or as soon thereafter as may be heard, in the Council
Chambers, 276 Fourth Avenue, Chula Vista, California as the date and time for a public
hearing to consider the formation (If:ã reimbursement district.
. ,
BE iT FURTHER RESOLVED that the City Clerk is hereby directed to advertise the public
hearing and notify affected persons by mail in accordance with Section 15.50.080 of the
Chula Vista Municipal Code.
Presented by Approved as to form by
~I ~ ¿--z-'i '" ,~ C -
Jofn P. Lippitt /b-/~ .John M. Kaheny !
Public Works Director City Attorney ~
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Resolution 19381
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista.
California, this 2"d day of March, 1999, by the following vote:
AYES: Councilmembers: Davis, Moot, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Padilla
ABSTAIN: Councilmembers: None
LÚAI';;(Joht~
Shirley Ho n, Mayor
ATTEST:
----=-< u...,.( Ú.J.. í3 '( ~ ) ,(J. ')
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 19381 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 2"' day of March, 1999.
Executed this 2"d day of March, 1999.
-=- "::IJ...-lLu. ~'(Jß0
Susan Bigelow, City Clerk
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()7f'(J-IO- KYzzz
COUNCIL AGE!,\ì)A ST A TEMI.. .
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Meeting Date 3:'2'99
ITEM TITLE: Resolution ) 9.J?'/ Initiating proceedings for formatioD of a
reimbursement district for the Proctor Valley Trunk Sewer and caEing a
public hearing for April 13, 1999 at 6:00 p.m. to establish the district
SUBMITTED BY: D""o~ ofPubli, W~"¥~
REVIEWED BY: City Manag~ , ;\ (4/5ths Vore: Yes_!'ûXJ
In JuJy of1992, The Baldwin Company, the developers of the Salt Creek I development completed
IDe installation of approximately 9,800 feet of sewer line in Proctor Valley Road. This sewer facility
V;2S oversized to provide sewer capacity for all properties located within the Proctor Valley gravity
b2Sin. Chapter 15.50 of the Chula Vista Municipal Code and Section 66485 of the Subclivision Map
Act provide for thi: formation of reimbursement districts for reimbursement for the construction of
a facility which provides capacity exceeding the development's needs. Due to ownership changes
the reimbursement clistrict was not established at that time. In November of 1998. a reimbursement
fee srudy ""'as submitted to the City by Wilson Engineering, engineering consultant for the current
ovmers, Pacific Bay Homes. Staffhas completed its review of this stUdy and recommends that a
reimbursement district for the Proctor Valley Sewer be formed.
RECOMME!'\ì)ATION: That Council approve the resolution initiating the Reimbursement
District proceedings.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On September 12, 1989, by Resolution 15299, the City Council approved the Tentative Map for the
Salt Creek I Subclivision,Chula Vista Tract No. 89-9. Due to the lack of a gravity sewer in the area,
the developer (The Baldwin Co.) proposed to iilstall a sewer pump station to discharge into the
Telegraph Canyon Trunk Sewer. On May 14, 1991, the City Council approved a proposal to provide
an oiÏsite gravity sewer line, instead of the pump station. The gravity sewer was constructed under
Proctor Valley Road and connected to the Spring Valley Sanitation District sewer facilities.
Resolution 15299 required the developer to provide excess capacity, beyond the Salt Creek I
requirements, 10 serve all properties loc:ated within the Proctor Valley basin. Construction of the
Proctor Valley Sewer was completed in July of 1992.
...
In ~ovember of 1998, Wilson Engineering prepared a report entitled "Proctor Valley Trunk Sewer
Reimbursement Fee Study." The financial analysis of the reimbursement district wilJ take this study
into account, along with the previous assessments against the Salt Creek I development. In
a=rdance with Chapter 15.50 of the Chula Vista Municipal Code, the attached letter from Pacific
Bay Homes, dated January 13, 1999, shall serve as a fonnal request to initiate the clistrict formation
proceedings. Funds were received from Pacific Bay Homes in the amount of $5.000 to cover
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-. Page 2, Item_
Meeting Date ?-/2/99
expenses for the formation of the diS1ric:t. Upon approval of this item in ac:c:oràanc:e with Chapter
15.50 of the Chula Vista Munic:ipal Code and Sec:tion 66485 of the Subdivision Map Act the
Director of Public Works shall prepare the folJowing:
A. A map describing the benefited area wlricb identifies all parcels within the area;
B. The total cost of the facilities inc:luding incidental expenses;
C. A.n estimate of the excess costs;
D. An estimate of the assessment and spread thereof necessary to equitably pay
the excess costs.
Tne reimbursemOl1 shall be subject to an annual seven percent interest charge as provided in Section
_15.50.090. Six ~0l1 ofwhicb shall be payable to the Pacific Bay Homes for the advancement of
ftmds and one p=ent shall be payable to the City general fund to cover "nministrative costs in the
handling and collection of sucb ftmds. The reimbursement is to be coJJected when the benefitted
parcels subdivide or apply for building pennits. The interest shall be calculated on a quarterly basis
and shall include the total number of full quarters ITom the date of commencement up to but not
including the quaner in wlricb payment of sucb charges are paid. The date of co=encement shall
be the date the disJrict is establisbed, tentatively Apri] 13, 1999.
The district formation process wilJ involve the folJowing steps:
l. Notice
a. Publisb a notice of public: bearing pursuant to Municipal Code 15.50.080.
b. Mail notice of public: hearing.
2. Conduct public: hearing.
3. City Council shall approve the cost allocations by a resolution stating ownerslrip, legal
description and amount of charges for each parcel within the diS1rict, at wlrich time the
district ".ill be considered formed.
5. City Clerk sball record a copy of the resolution with the County Recorder.
6. The reimbursement will be c:olJec:ted when benefited parcels subdivide or apply for building
permits.
FISCAL lMPAcr: Cost offorming the district wilJ be reimbursed by the district. Also the cost
of administering the district w:ill be covered by a 1 % annual interest charge.
File No. 780-1 O-KY2:2
Attachment
H:\HOME\ENGINEER.AGa.'DA \PVREIMBD.DCD g-;2::. /!c--Ie;
_ ______ ,. . . ..._._,_._....,..~_..___ _ ___'_..'....m._. ...._,___...___..__ - -~_..,._-,-,.__."---------_.._- ..- ._--"-~.,..._._----------------
~~
pa ~ifiG-b ay
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January 13, 1999
/ùex AJ-A~n.
City of Chula Vista
276 Fourth A"~ue
Chula Vista C-'.., 91910
Re: Proctor Valley Road Sewer Reimbursement Agreement
Dear Alex,
As you are av.crre, we have submitted a revised study for the construction costs
reimbursemern of the Proctor Valley road Offsite sewer line. Pacific Bay Homes has been
pursuing this reimbursemern for several years and we feel it is very important to keep the
process moving in a expeÒÍ!Íous fashion 1IDtil its conclusion.
To this end , we respectfully request that you immediately continue the review of the
stUdy and its processing. Umortunately our experience has been once these type of items
have been allowed to languish details our forgotten and previous conversations and
agreements carmot be recalled.
1 would like to 5-<>e a schedule of completion that would bring resolution to this matter by
the end ofFebruary, 1999.
Should you need any adàítional information please do not hesitate to call me.
Sincerel\'
.
Pacific Bav Homes
~ :I-
.11
Guy Asaro
Project Manager
It -~O-'~
2300 BC'3\Q:ll Road. Sun!:" :209. Chula Vista. CA Q19]4
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TABLE 4-3
SUMMARY OF REIMBURSEMENTS
BY ASSESSOR'S PARCEL NUMBER
111'1111111
San Miguel
Ranch
585-111-03 Trimark Pacific 38 188 7,144
585-130-17 Trimark Pacific 25 ]88 4,700
585-131-]0 Trimark Pacific 59 ]88 ] ],092
595-010-05 Trimark Pacific 213 188 40,044
595-010-07 Trimark Pacific ] 64 ]88 30,832
595-010-]3 Trimark Pacific 65 188 12,220
595-0]0-]4 Trimark Pacific 5 188 940
595-030-06 Trimark Pacific 684 188 128.592
595-030-14 FN Projects, Inc. ]0 188 ],880
595-030-27 Trimark Pacific ]40 ] 88 26,320
595-030-28 Trimark Pacific 85 ]88 15,980
Subtotal 1,488 279,744
Salt Creek Ranch
595-030-] ] Pacific Bay Homes 293 188 55,084
595-030-30 Pacific Bay Homes 247 188 46,436
595-530-15 Nelson & Patricia 1 188 188
Roberts
595-530-16 Harry & Zenaida
Weaver 1 188 188
595-530-17 Stephen & Maria
595-530-18 Crawford 1 188 ]88
595-530-19 Alicia Lagler 1 188 188
595-530-20 Charles & Lisa Sill ] ]88 188
595-530-21 John & Mary Daniels 1 188 188
Luigi & Dawn
Dell'Acqua
/0-);}-. Page 1 2
_..--_.._"-----_._..~--~_._-_.~"...,-
TABLE 4-3 (Continued)
SUMMARY OF REIMBURSEMENTS
BY ASSESSOR'S PARCEL NUMBER
11~lili;lì!1
595-530-22 Kimberly Pioncone I 188 188
595-530-23 Chau Lai I 188 188
595-530-24 Heather Carroll I 188 188
595-530-25 Kenneth Coleman I 188 188
595-530-26 Erich Loechner I 188 188
595-530-27 Bryan Wayne I 188 188
595-530-28 Pamela Garguilo 1 188 188
595-530-29 George Lahutsky I 188 188
595-530-30 Norman Thompson 1 188 188
595-530-31 Joseph & Sheila Llanes I 188 188
595-530-32 Randolph Garcia ] 188 188
595-530-33 Luigi Licatini ] 188 188
595-530-36 Benjamin & Susan I 188 188
Montoya
595-530-37 Colloy Brown 1 188 188
595-530-38 Carlos Arguello 1 188 188
595-530-39 Douglas & Marquit I 188 188
Lawson
595-530-40 Leonid Gendelman I 188 188
595-530-41 Rolling Hills Ranch --- --- ---
595-530-42 Pacific Bay Homes I 188 188
595-530-43 Pacific Bay Homes I 188 188
595-530-44 Pacific Bay Homes I 188 188
595-530-45 Pacific Bay Homes I 188 188
595-530-46 Pacific Bay Homes I 188 188
595-530-47 Pacific Bay Homes I 188 188
595-530-48 Pacific Bay Homes ] 188 188
595-530-49 Pacific Bay Homes I 188 188
595-530-50 Pacific Bay Homes I 188 188
595-530-51 Pacific Bay Homes I 188 188
595-530-52 Pacific Bay Homes I 188 188
595-530-53 Pacific Bay Homes I 188 188
I 0; - ;)3 Page 1 3
-. -- - --.---- "~.__.__.._--,--, .-. --.-._----~_._.._~_._-,,_.,_.,-- ".~.,--_.._-_..- ---
TABLE 4-3 (Continued)
SUMMARY OF REIMBURSEMENTS
BY ASSESSOR'S PARCEL NUMBER
Ilcllììilì\1
595-530-54 Pacific Bay Homes --- 188 188
595-530-55 Pacific Bay Homes 1 188 188
595-530-56 Pacific Bay Homes 1 188 188
595-530-57 Pacific Bay Homes I 188 188
595-530-58 Pacific Bay Homes 1 _n ---
595-540-52 Pacific Bay Homes I 188 188
595-540-53 Pacific Bay Homes I 188 188
595-540-54 Pacific Bay Homes I 188 188
595-540-55 Pacific Bay Homes I 188 188
595-540-56 Pacific Bay Homes I 188 188
595-540-57 Pacific Bay Homes I 188 188
595-540-58 Pacific Bay Homes I 188 188
595-540-59 Pacific Bay Homes I 188 188
595-540-60 Pacific Bay Homes I 188 188
595-540-61 Pacific Bay Homes I 188 188
595-540-62 Pacific Bay Homes I 188 188
595-540-63 Pacific Bay Homes I 188 188
595-540-64 Pacific Bay Homes 1 188 188
595-540-65 Pacific Bay Homes 1 188 188
595-540-66 Pacific Bay Homes I 188 188
595-540-67 Pacific Bay Homes 1 188 188
595-540-68 Pacific Bay Homes 1 188 188
595-540-69 Pacific Bay Homes I ]88 188
595-540-70 Pacific Bay Homes I 188 188
595-540-71 Pacific Bay Homes I 188 188
595-540-72 Pacific Bay Homes 1 188 188
595-540-73 Pacific Bay Homes 1 188 188
595-540-74 Pacific Bay Homes 1 188 188
595-540-80 Pacific Bay Homes 1 188 188
595-540-81 Pacific Bay Homes I 188 188
595-570-01 Pacific Bay Homes 9 188 1,692
595-570-02 Pacific Bay Homes 13 188 2,444
Jt-;;;'I Page 14
__ _ ._..___...__._~~_ _ ._.._.·w___._______~·____·___·,______________
TABLE 4-3 (Continued)
SUMMARY OF REIMBURSEMENTS
BY ASSESSOR'S PARCEL NUMBER
Illilllll ¡ lil~~~~~~':;....~!ì.!:R~~::>::;:...~~!I~11
!:¡II~~~§':¡: ..·...~~~i~!;I~ar¡~~l~~j~
595-570-03 Pacific Bay Homes 12 188 2,256
595-650-01 Pacific Bay Homes 1 188 188
595-650-02 Pacific Bay Homes 1 188 188
595-650-03 Pacific Bay Homes I 188 188
595-650-04 Pacific Bay Homes I 188 188
595-650-05 Pacific Bay Homes I 188 188
595-650-06 Pacific Bay Homes I 188 188
595-650-66 Pacific Bay Homes I 188 188
595-650-67 Pacific Bay Homes I 188 188
595-650-68 Pacific Bay Homes I 188 188
Subtotal 648 121,824
Other Properties
585-130-16 Billy & Angeline Scott 15 188 2,820
585-130-18 James & Susan Algert 15 188 2,820
595-0 I 0-06 SDG&E --- --- ---
595-020-01 Jose Gonzalez 4 188 752
595-020-02 Jet TR 4 188 752
595-020-03 Kwang & Ah Lo 4 188 752
595-020-04 Wesley & Geraldine 4 188 752
Russell
595-020-05 Israel Moreira 4 188 752
595-020-06 Conrado & Alma Caraet 4 188 752
595-020-07 Otay Water District 4 188 752
595-020-08 Ana Gonzalez 4 188 752
595-020-10 Ruby Walraven 4 188 752
595-020-11 Rose Story 4 188 752
595-020-13 Carlos & Blanca Vital 4 188 752
595-020-14 Schnell Family Trust 2 188 376
I,' ;).5 Page , 5
/f¿;-.
-------,.._._....,..~.--- _..--~----.-..~-,.._--_._----_.,
TABLE 4-3 (Continued)
SUMMARY OF REIMBURSEMENTS
BY ASSESSOR'S PARCEL NUMBER
.1tli\\fIIÎ!1
595-020-15 George & Ila Meese 2 188 376
595-020-16 Rose Dela 2 188 376
595-020-17 Bernie & Marie 4 188 752
Bernadino
595-020-18 Charlene Wheeler I 188 188
595-020-19 David & Mercy Miller I 188 188
595-020-20 Tina Sanchez 4 188 752
595-020-23 Ronald Ludwig I 188 188
595-020-25 Albert Schuh ] 188 188
595-020-26 Harold & Lucille 4 188 752
Johnston
595 -020-27 Troy & Rachelle Owens 4 188 752
595-020-28 Hector Rivas 12 188 2,256
595-020-30 Margaret Lugo I 188 188
595-020-31 Margaret Lugo I 188 188
595-020-35 Gerald Pamp 4 ]88 752
595-020-36 Joseph Hu ff 4 188 752
595-020-37 Lucile Culp I 188 188
595-020-38 Warren Oakland --- --- ---
595-020-39 George & Ila Meese --- --- ---
595-020-40 Gerald Pamp --- --- ---
595-020-41 Ruby Walraven --- ..- ---
595-020-42 Jose Gonzalez --- _n ---
595-020-43 Armando Tendero ._- --- .--
595 -020-44 George & Ila Meese I 188 188
I~-;)~
Page 1 6
- ---.-.-..--... .~.. . _..m___~_ ._..,._____._...___.________'___~___.____
TABLE 4-3 (Continued)
SUMMARY OF REIMBURSEMENTS
BY ASSESSOR'S PARCEL NUMBER
:~~J!IJr.lï.1111
%.·"'Wm....
:~fk '~~iIJi:Îliilittjili~
595-020-45 Warren & Marjorie I 188 188
Oakland
595-020-46 George & Ila Meese 1 188 188
595-020-47 Warren & Marjorie 1 188 188
Oakland
595-020-48 George & lIa Meese 1 188 188
595-020-49 Warren & Marjorie 1 188 188
Oakland
595-020-50 George & lIa Meese 1 188 188
595-020-51 Harry & Sally Oakland 1 188 188
595-020-52 Warren & Marjorie 1 188 188
Oakland
595-020-53 Schell Family Trust --- --- ---
595-020-54 George & Ila Meese I 188 188
595-020-55 George & Ila Meese I 188 188
595-020-56 Warren & Marjorie I 188 188
Oakland
595-020-57 Albert Schuh 1 188 188
595-020-58 Warren & Marjorie I 188 188
Oakland
595-020-59 George & Ila Meese I 188 188
595-020-60 Warren & Marjorie I 188 188
Oakland
595-020-61 Patricia Keshka I 188 188
595-020-62 Armando Tendero 3 188 564
595-020-63 Alfred Ludwig Jf. 3 188 564
595-020-64 Jerry & Sharon Webb I 188 188
/{;- ;)7
Page 1 7
__ _.'~~__.B_"'·_ - .--,--...--..--,-----..-------.---------.--.
- -
TABLE 4-3 (Continued)
SUMMARY OF REIMBURSEMENTS
BY ASSESSOR'S PARCEL NUMBER
:.~~'~.ítæ\'lln¡i ;!;III~I¡~~I¡t\;!1!11111111t ;;;lii¡llll'jii
..... %.w~...,""
1lË11111~illf';1 ·ii:¡i£ìB]Y~¡¡t¡¡~B' i!~·~¡¡¡¡¡llt~î'.~~¡~¡
595-020-65 Richard Ferguson 3 188 564
595-020-66 Richard Ferguson " 188 564
~
595-020-67 Guadalupe Martinez 3 188 564
595-020-68 Amisra Bankcorp. Co. 3 188 564
Subtotal 159 29,892
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Page 1 8
.,...._.__...u.__.. _m.·__~_____·__ ...--
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ALLOCATION OF COSTS,
AUTHORIZING THE FORMATION OF A REIMBURSEMENT
DISTRICT FOR CONSTRUCTION OF THE PROCTOR
VALLEY TRUNK SEWER AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO ENTER INTO A
REIMBURSEMENT AGREEMENT WITH PACIFIC BAY HOMES
WHEREAS, in July 1992, the Baldwin Company completed the
installation of approximately 9,800 linear feet of sewer line in
Proctor Valley Road; and
WHEREAS, this sewer facility was oversized to provide
sewer capacity for all properties located within the Proctor Valley
gravity sewer basin; and
WHEREAS, Chapter 15.50 of the Chula vista Municipal Code
states that when a Developer participates in the cost of
constructing public improvements which will benefit properties
other than its own, the Developer may petition the City Council to
form a reimbursement district; and
WHEREAS, staff proposes that the Developer be repaid for
the cost of constructing this sewer through a reimbursement
district; and
WHEREAS, on March 2, 1999, Council adopted Resolution
19381, initiating proceedings for the formation of a reimbursement
district requested by Pacific Bay Homes for construction of the
Proctor Valley Trunk Sewer and calling a public hearing; and
WHEREAS, the Reimbursement District boundaries and
parcels included within said district are shown on the Proctor
Valley Trunk Sewer Benefit Area Map, attached hereto as Exhibit 1;
and
WHEREAS, a list of parcel numbers, owner's names as of
July, 1999, projected EDUs and charges per parcel is included in
Exhibit 2, attached hereto.
WHEREAS, the City Council conducted the public hearing at
the advertised date and time.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve as follows:
(a) The City Council hereby finds that the real property
shown on Exhibit 2 shall receive a benefit from the 9800 feet of
1
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-----~-- ---- --".----.'.--.--.--.- -.-.,......-.--...-------
sewer line in Proctor Valley Road which was oversized to provide
sewer capacity for said properties.
(b) The City Council does hereby approve the allocation
of costs set forth in Exhibit 2, and authorize the formation of a
reimbursement district for construction of the Proctor Valley Trunk
Sewer for those properties shown on Exhibit 2, Summary of
Reimbursements by Assessor's Parcel Number.
BE IT FURTHER RESOLVED that the Director of Public Works
is hereby authorized to enter into a reimbursement agreement with
Pacific Bay Homes in substantially the form attached hereto.
BE IT FURTHER RESOLVED that the City Clerk of the city of
Chula vista is hereby directed to record this resolution in the
office of the San Diego County Recorder.
Presented by Approved as to form by
rL~~
John P. Lippitt, Director of John M. Kaheny, city Attorney
Public Works
H:\home\attorney\reso\reimburse.fom
2
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EXHIBIT 2
TABLE 4-3
SUMMARY OF REIMBURSEMENTS
BY ASSESSOR'S PARCEL NUMBER
... ~.. ··'···.I"""""""''''II\,,_WMf'''',.,q'''''''''" """"", .""""., "·'\iW·
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'~~á..1ïíllì"ïl~liÎ1¡~liI.¡¡ilel(ì
San Miguel
Ranch
585-111-03 Trimark Pacific 38 188 7,144
585-130-17 Trimark Pacific 25 188 4,700
585-131-10 Trimark Pacific 59 188 11,092
595-010-05 Trimark Pacific 213 J 88 40,044
595-010-07 Trimark Pacific ] 64 188 30,832
595-010-13 Trimark Pacific 65 188 J 2,220
595-010-14 Trimark Pacific 5 188 940 I
595-030-06 Trimark Pacific 684 188 128.592
595-030-14 FN Projects, Inc. 10 188 1.880
595-030-27 Trimark Pacific 140 188 26,320
595-030-28 Trimark Pacific 85 188 15,980
Subtotal 1,488 279,744
Salt Creek Ranch
595-030-11 Pacific Bay Homes 293 188 55,084
595-030-30 Pacific Bay Homes 247 188 46,436
595-530-15 Nelson & Patricia 1 188 188
Roberts
595-530-16 Harry & Zenaida
Weaver I 188 188
595-530-17 Stephen & Maria
595-530-18 Crawford I 188 188
595-530-19 Alicia Lagler 1 188 188
595-530-20 Charles & Lisa Sill j 188 188
595-530-21 John & Mary Daniels I 188 188
Luigi & Dawn
DelJ'Acqua
/ ¿ - 3d ,.
.'
Page 1 2
-~-'-----'-'----'- ------------ ------_.._------.-.._----
TABLE 4-3 (Continued)
SUMMARY OF REIMBURSEMENTS
BY ASSESSOR'S PARCEL NUMBER
····~:"J~I..¡Îi!II.II'.ittL.i[llll~i~~
595-530-22 Kimberly Pioncone I 18& 18&
595-530-23 Chau Lai I 1&& 18&
595-530-24 Heather Carroll I 1&& 1&&
595-530-25 Kenneth Coleman I 1&& 1&8
595-530-26 Erich Loechner I 1&& 1&&
595-530-27 Bryan Wayne 1 1&& 1&&
595-530-28 Pamela Garguilo I 18& 188
595-530-29 George Lahutsky 1 188 188
595-530-30 Norman Thompson ] 188 188
595-530-31 Joseph & Sheila Llanes ] 188 188
595-530-32 Randolph Garcia ] 18& 18&
595-530-33 Luigi Licatini 1 188 188
595-530-36 Benjamin & Susan I 1&8 18&
Montoya
595-530-37 Colloy Brown I 188 188
595-530-38 Carlos Arguello 1 188 188
595-530-39 Douglas & Marquit 1 188 188
Lawson
595-530-40 Leonid Gendelman 1 188 188
595-530-41 Rolling Hills Ranch --- --- ---
595-530-42 Pacific Bay Homes I 188 188
595-530-43 Pacific Bay Homes I 188 188
595-530-44 Pacific Bay Homes 1 188 188
595-530-45 Pacific Bay Homes 1 188 188
595-530-46 Pacific Bay Homes 1 188 188
595-530-47 Pacific Bay Homes 1 188 188
595-530-48 Pacific Bay Homes I 188 188
595-530-49 Pacific Bay Homes I 188 188
595-530-50 Pacific Bay Homes I 188 188
595-530-51 Pacific Bay Homes I 188 188
595-530-52 Pacific Bay Homes I 188 188
595-530-53 Pacific Bay Homes 1 188 188
..
3
Page 13
.____m_ ._."._.._ ____d_____H ''"'''-'~~'-----""-'-'''''--''-
TABLE 4-3 (Continued)
SUMMARY OF REIMBURSEMENTS
BY ASSESSOR'S PARCEL NUMBER
595-530-54 Pacific Bay Homes --- . 188 188
595-530-55 Pacific Bay Homes 1 188 188
595-530-56 Pacific Bay Homes 1 188 188
595-530-57 Pacific Bay Homes 1 188 188
595-530-58 Pacific Bay Homes 1 --- ---
595-540-52 Pacific Bay Homes I 188 188
595-540-53 Pacific Bay Homes I 188 188
595-540-54 Pacific Bay Homes I 188 188
595-540-55 Pacific Bay Homes I 188 188
595-540-56 Pacific Bay Homes I 188 188
595-540-57 Pacific Bay Homes I 188 188
595-540-58 Pacific Bay Homes I 188 188
595-540-59 Pacific Bay Homes I 188 188
595-540-60 Pacific Bay Homes I 188 188
595-540-61 Pacifjc Bay Homes 1 188 ]88
595-540-62 Pacific Bay Homes I 188 188
595-540-63 Pacific Bay Homes I 188 ]88
595-540-64 Pacific Bay Homes I 188 188
595-540-65 Pacifjc Bay Homes I 188 188
595-540-66 Pacific Bay Homes I 188 188
595-540-67 Pacific Bay Homes 1 188 188
595-540-68 Pacific Bay Homes I 188 188
595-540-69 Pacific Bay Homes I 188 188
595-540-70 Pacific Bay Homes I 188 188
595-540-71 Pacific Bay Homes I 188 188
595-540-72 Pacific Bay Homes I 188 188
595-540-73 Pacific Bay Homes I 188 188
595-540-74 Pacific Bay Homes I 188 188
595-540-80 Pacifjc Bay Homes I 188 188
595-540-81 Pacific Bay Homes I 188 188
595-570-01 Pacific Bay Homes 9 ]88 1,692
595-570-02 Pacific Bay Homes 13 188 2,444
Page 1 4
. ....... -- ----..._-----~-_._.._.. ,---------..--.^
TABLE 4-3 (Continued)
SUMMARY OF REIMBURSEMENTS
BY ASSESSOR'S PARCEL NUMBER
595-570-03 Pacific Bay Homes 12 188 2,256
595-650-01 Pacific Bay Homes 1 188 188
595-650-02 Pacific Bay Homes 1 188 188
595-650-03 Pacific Bay Homes I 188 188
595-650-04 Pacific Bay Homes I 188 188
595-650-05 Pacific Bay Homes I 188 188
595-650-06 Pacific Bay Homes I 188 188
595-650-66 Pacific Bay Homes I 188 188
595-650-67 Pacific Bay Homes I 188 188
595-650-68 Pacific Bay Homes I 188 188
Subtotal 648 121,824
Other Properties
585-130-16 Billy & Angeline Scott 15 188 2,820
585-130-18 James & Susan Algert 15 188 2,820
595-0 I 0-06 SDG&E --- --- ---
595-020-01 Jose Gonzalez 4 188 752
595-020-02 Jet TR 4 188 752
595-020-03 Kwang & Ah Lo 4 188 752
595-020-04 Wesley & Geraldine 4 188 752
Russell
595-020-05 Israel Moreira 4 188 752
595-020-06 Conrado & Alma Caraet 4 188 752
595-020-07 Otay Water District 4 188 752
595-020-08 Ana Gonzalez 4 188 752
595-020-10 Ruby Walraven 4 ]88 . 752
595-020-11 Rose Story 4 188 752
595-020-13· Carlos & Blanca Vital 4 188 752
595-020-14 Schnell Family Trust 2 188 376
) Iø - 35
Page 1 5
- "."__._~___,,_ --.-._____.0_-
TABLE 4-3 (Continued)
SUMMARY OF REIMBURSEMENTS
BY ASSESSOR'S PARCEL NUMBER
595-020-15 George & Ila Meese 2 188 376
595-020-16 Rose Dela 2 188 376
595-020-17 Bernie & Marie 4 188 752
Bernadino
595-020-18 Charlene Wheeler I 188 188
595-020-19 David & Mercy Miller ] 188 188
595-020-20 Tina Sanchez 4 188 752
595-020-23 Ronald Ludwig I 188 188
595-020-25 Albert Schuh I 188 188
595-020-26 Harold & Lucille 4 ]88 7',
)-
Johnston
595-020-27 Troy & Rachelle Owens 4 188 752
595-020-28 Hector Rivas 12 188 2,256
595-020-30 Margaret Lugo 1 188 ]88
595-020-31 Margaret Lugo I 188 188
595-020-35 Gerald Pamp 4 188 752
595-020-36 Joseph Huff 4 188 752
595-020-37 Lucile Culp I 188 188
595-020-38 Warren Oakland --- --- ---
595-020-39 George & Ila Meese --- --- ---
595-020-40 Gerald Pamp --- --- ---
595-020-41 Ruby Walraven --- --- ---
595-020-42 Jose Gonza]ez --- --- ---
595-020-43 Armando Tendero --- --- ---
595-020-44 George & lla Meese ] 188 ]88
I i '-'> / .-
/0" 5~
Page 1 6
---~--_._---,---_.--~. "----...
TABLE 4-3 (Continued)
SUMMARY OF REIMBURSEMENTS
BY ASSESSOR'S PARCEL NUMBER
~j;ll'lltj'.lí!~~
595-020-45 1 188 188
595-020-46 George & Ila Meese ] ]88 ]88
595-020-47 Warren & Marjorie I 188 188
Oakland
595-020-48 George & Ila Meese ] 188 188
595-020-49 Warren & Marjorie ] ]88 ]88
Oakland
595-020-50 George & Ila Meese ] ]88 ]88
595-020-5 ] Harry & Sally Oakland J 188 ]88
595-020-52 Warren & Marjorie J J 88 ] 88
Oakland
595-020-53 Schell Fami]y Trust --- --- ---
595-020-54 George & Ila Meese ] ]88 ]88
595-020-55 George & Ila Meese ] ]88 ]88
595-020-56 Warren & Marjorie ] ]88 ]88
Oakland
595-020-57 Albert Schuh I 188 188
595-020-58 Warren & Marjorie ] 188 ]88
Oakland
595-020-59 George & Ila Meese ] ]88 ]88
595-020-60 Warren & Marjorie I ]88 188
Oakland
595-020-6 ] Patricia Keshka ] 188 ]88
595-020-62 Armando Tendero 3 188 564
595-020-63 Alfred Ludwig JT. " ]88 564
.:>
595-020-64 Jerry & Sharon Webb I 188 ]88
/6- 37
Page 1 7
- -,.-----.......-.---..---.-....--.-. -- ...----- ~._----_._---_.._-----_.__...~
-----
TABLE 4-3 (Continued)
SUMMARY OF REIMBURSEMENTS
BY ASSESSOR'S PARCEL NUMBER
·····_I~~· .....,.-.-.-.'.-.-.-....-....,..'-.-.-...-...-..,.., ..
I"t¡.!¡:!;:::!:~::~
.. .... ... . .. ...
.I:i~ii~,¡;
595-020-65 Richard Ferguson " 188 564
.:>
595-020-66 Richard Ferguson " ]88 564
.:>
595-020-67 Guadalupe Martinez 3 188 564
595-020-68 Amisra Bankcorp. Co. 3 188 564
Subtotal 159 29,892
I 3g
! -
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Page , 8
- -- -------.- -- ".--------" ---.--.- ""._--,-
I EDU FACTORS I
Development Type EDU Factor
Single Family Residential 1.0 EDU/ Unit
Multiple Family Residential 0.75 EDU/ Unit
Community Purpose Facilities 8.93 EDUs/ Acre
Schools 1.0 EDU/ 60 Students
Parks 1.79 EDUs/ Acre
Commercial 8.93 EDUs/ Acre
/ . ::>1
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i
~
Proctor Valley Trunk Sewer
Reimbursement Agreement
This Proctor Valley Trunk Sewer Reimbursement Agreement ("Agreement") is
made as of , 1999, by and between the Pacific Bay Properties,
("Developer"), a California corporation, as successor in interest to The Baldwin
Company ("Baldwin"), with respect to the right to reimbursement under this Agreement
and the City ofChula Vista, a California municipal corporation ("City").
RECITALS
Whereas, the Developer and Baldwin have previously entered into a written
agreement by which Developer has been assigned the rights for any reimbursement from
fees paid by other land developers whose property benefits from the oversized sewer
improvements previously constructed by Baldwin, as more particularly set forth in this
Agreement, and Developer now seeks reimbursement of funds expended to oversize the
sewer improvements; and
Whereas, Developer has previously constructed certain public works of
improvement and now seeks reimbursement of funds expended to oversize the project;
and
Whereas, construction of said improvements was completed in July 1992 and
subsequently accepted by the City; and
Whereas, Municipal Code section 15.50.010 states it is the intent of the Council
that property owners who benefit and who have made no contribution to the costs of said
improvements shall make such reimbursements; and
Whereas, Resolution No. , adopted by the Chula Vista City
Council on December 14, 1999, authorized the fonnation of a reimbursement district as
shown on Exhibit 1 to collect such funds and authorized the City to enter into a
reimbursement agreement with Developer, and
Whereas, it is the intent of this Agreement that Developer shall be reimbursed
upon collection of funds by City.
NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective
parties as follows:
Section 1. Recitals. That the above recitals are all true and correct.
Section 2. Construction of Improvements. Developer covenants and agrees
that to the best of its knowledge all Improvements were constructed by Baldwin in good
and workmanlike manner by well-trained adequately supervised workers and in strict
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compliance with all government and quasi-governmental rules, regulations, laws,
building codes and all requirements of Developers insurers and lenders, and free of any
design flaws and defects.
Section 3. Inspection and Acceptance of the Improvements. The construction
activities relating to the improvements were inspected and accepted by City.
Section 4. Assessment and Payment to Developer
a. Commencing with December 15, 1999, property owners located within the
Proctor Valley Trunk Sewer Benefit Area, as defined by Resolution No.
and attachments, will be required to pay a reimbursement fee
of $188 per Equivalent Dwelling Unit (EDU) plus interest upon issuance
of a building or plumbing permit which includes connection to the sewer
system.
b. The reimbursement will be subject to a seven percent annual interest
charge calculated on a quarterly basis from December 15,1999. This will
be broken down into a six percent charge payable to Pacific Bay
Properties for the advancement of funds, and a one percent charge which
will be retained by the City to cover the administrative costs of the City in
its expense in handling the collection of such funds.
c. Funds collected by the City pursuant Section 4 of this Agreement will be
deposited by the Director of Finance of the City into a public improvement
reimbursement trust fund and shall be provided to the Developer by the
City on at least a quarterly basis, provided that the City has received such
payments during the previous quarter.
d. City shall notify Developer of the existence of monies deposited in said
fund, the notice shall be mailed to the address contained in this Agreement
or as otherwise provided by Developer and no further inquiries shall be
made. If any such money remains on deposit with the City without being
claimed by Developer within one year after notice has been mailed as
provided herein, such money shall be forfeited to the City and transferred
to the General Fund.
e. At the City's option, a credit against the reimbursement fee may be
provided to the Developer in lieu of a cash payment for properties
constructed by the Developer. Such credit shall be equal to $188 per
EDU plus the six percent interest charge.
r At the Developer's option, the right to receive credit may be transferred
from the Developer to a subsequent developer or builder for properties
within the Benefit Area who will be obtaining building permits for such
properties.
Section 5. Indemnification by Developer. Developer shall defend, indemnify
and hold harmless City, its officers, directors, employees and agents, from and against
any and all claims, losses, liabilities, damages, including court costs and reasonable
attorneys fees, by reason of, or resulting from, or arising out of the design, engineering
and construction or the improvements or the formation of this Reimbursement District.
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Nothing in this Section 5 shall limit in any manner City's rights against any of the
architects, engineers, contractors or other consultants employed by Developer which has
perfonned work in connection with construction or financing of the Improvements.
Section 6. Conflict with Other Agreements. Nothing contained herein shall
be constructed as releasing Developer from any condition of development or requirement
imposed by any other agreement with City. In the event of a conflicting provision, such
other agreement shall prevail unless such conflicting provision is specifically waived or
modified in writing by City.
Section 7. General Standard of Reasonableness. Any provIsIOn of this
Agreement which requires the consent, approval, discretion or acceptance of any party
hereto or any of their respective employees, officers or agents shall be deemed to require
that such consent, approval or acceptance not be unreasonably withheld or delayed,
unless such provision expressly incorporates a different standard.
Section 8. Entire Agreement; Amendment. This Agreement contains the
entire agreement between the parties relating to the transaction contemplated hereby and
all prior or contemporaneous agreements, understandings, representations and statements,
oral or written, are merged herein. No amendment, modification, waiver or discharge of
this Agreement will be valid unless the same is in writing and signed by the parties to this
Agreement.
Section 9. Notices. All notices, demands or requests provided for or
pennitted to be given pursuant to this Agreement must be in writing. All notices,
demands or 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.
City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
Property Owner:
Pacific Bay Properties
2300 Boswell Road, Suite 209
Chula Vista, CA 91914
Attn: Vice-President
A party may change its address by giving notice in writing to the other party. Thereafter,
notices, demands and requests shall be addressed and transmitted to the new address.
Section 10. Severability. The parties hereto agree that the provisions are
severable. If any provision of this Agreement is held invalid, the remainder of this
3 )b-Lj;).
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Agreement will be effective and will remain in full force and effect unless amended or
modified by mutual consent of the parties.
Section II. Successors and Assigns. All terms of this Agreement will be
binding upon and inure to the benefit of the parties and their respective administrators or
executors, successors and assigns.
Section 12. Governing Law. 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 ofChula Vista.
Section 13. Capacities 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.
Section 14. Counterparts. This Agreement may be executed in any number of
counterparts, each of which will be deemed to be an original, but all of which together
will constitute one instrument.
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SIGNATURE PAGE TO
PROCTOR V ALLEY TRUNK SEWER
REIMBURSEMENT AGREEMENT
CITY OF CHULA VISTA PACIFIC BAY PROPERTIES
John P. Lippitt By:
Director of Public Works
APPROVED AS TO FORM
John M. Kaheny, City Attorney
H:\SHARED\A TTORNEY\EHULL\Sewer Reimbursement Agreementl.doc
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COUNCIL AGENDA STATEMENT
Item 11
Meeting Date: 12-14-99
ITEM TITLE: PUBLIC HEARING TO CONSIDER AMENDMENT TO SECTION
3.9 OF THE CHULA VISTA GAMING PLAN
RESOLUTION AMENDING SECTION 3.9 OF THE
CHULA VISTA GAMING PLAN RELATING TO THE ISSUANCE
OF WORK PERMITS
SUBMITTED BY: Chief OfPolice~~
City AttorneÆ
REVIEWED BY: City Manager ¡()
(4/5ths Vote: Yes_NoX)
BACKGROUND: On January 1,1998, the New Gambling Control Act (Act) and the Business
and Professions Code Sections 19851 and 19910.5 became effective and are binding on local
jurisdictions. Cities such as the City of Chula Vista which have an ordinance governing gambling
operations are required to amend their ordinances or gaming plans to comply with the provisions
of the Business and Professions Code sections above. After a review of the Chula Vista
Municipal Code relating to gambling, and the Chula Vista Gaming Plan, it has been determined
that Section 3.9 of the Chula Vista Gaming Plan relating to the issuance of work permits needs to
be amended to comply with state law.
RECOMMENDATION: That Council adopt the attached resolution amending Section 3.9 of
the Chula Vista Gaming Plan relating to the issuance of work permits.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: Pursuant to Chapter 5.20 of the Chula Vista Municipal Code and the Chula Vista
Gaming Plan, the City of Chula Vista has primary jurisdiction over gambling establishments
located within the Chula Vista city limits. However, the City of Chula Vista is still required to
comply with provisions of the New Gambling Control Act as well as Business and Professions
Code Sections 19851 and 19910.5 (effective January 1, 1998) which pertain to the issuance of
work permits for any manager, independent contractor, or employee ofa cardroom.
The amendments to Section 3.9 of the Chula Vista Gaming Plan will do the following: 1) limit the
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Page 2, Item
Meeting Date 12-14-99
discretion of the City of Chula Vista to issue a work permit to an employee of a cardroom if the
applicant is disqualified ftom holding a state gambling license for any reason set forth in Business
and Professions Code Section 19850A; and 2) allow the State of California Division of Gambling
Control to object to any application for a work permit resulting in a denial of the application
based upon certain criteria found in Business and Professions Code Section 19850A (the
proposed amendments to Section 3.9 of the Gaming Plan are attached hereto as Attachment A).
The reasons for rejection enumerated in Business and Professions Code Section 19850A include,
but are not limited to, the following: 1) Failure of the applicant to clearly establish eligibility; 2)
Conviction of a felony; 3) Conviction of a misdemeanor involving moral turpitude; 4) Association
by the applicant with criminal profiteering or organized crime; and 5) the applicant being less than
twenty-one (21) years of age.
These amendments will have little practical effect on the Chula Vista Gaming Plan other than
giving the State the ultimate decision to deny an applicant a work permit to work in a gambling
establishment. However, the criteria for denial used by the State is very similar to the criteria
presently employed by the Police Department in its screening of work permit applicants and thus
would not likely result in a dispute between the City and the State over a cardroom work permit
application.
Staff will be bringing other issues relating to further amendments to the gaming plan not mandated
by state law to council in the near future.
FISCAL IMP ACT: There is no current fiscal impact anticipated.
Attachment A - Amendments to Chula Vista Gaming Plan Section 3.9
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTION 3.9 OF THE CHULA
VISTA GAMING PLAN RELATING TO THE ISSUANCE OF
WORK PERMITS
"
,
WHEREAS, on January 1, 1998, the New Gambling Control Act
(Act) and the Business and Professions Code sections 19851 and
19910.5 became effective and are binding on local jurisdictions¡
and
WHEREAS, after review of the Chula vista Municipal Code
relating to gambling, and the Chula vista Gaming Plan, it has been
determined that section 3.9 of the Chula vista Gaming Plan relating
to the issuance of work permits needs to be amended to comply with
state law¡ and
WHEREAS, the amendments to section 3.9 of the Chula vista
Gaming Plan will do the following: 1) limit the discretion of the
City of Chula vista to issue a work permit to an employee of a
cardroom if the applicant is disqualified from holding a state
gambling license for any reason set forth in Business and
Professions Code section 19850A¡ and 2) allow the State of
California Division of Gambling Control to object to any
application for a work permit resulting in a denial of the
application based upon certain criteria found in Business and
Professions Code Section 19850A (the proposed amendments to section
3.9 of the Gaming Plan are attached hereto as Attachment A)¡ and
WHEREAS, the amendments were considered at a public
hearing of the Chula vista City Council on December 14,1999.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby adopt the attached resolution
amend~ng Section 3.9 of the Chula vista Gaming Plan relating to the
issuance or work permits.
Presented by Approved as to form by
Rif?~~ef:ß - ~~¡M1iM.U #L
Chief of Police city Attor y
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CHULA VISTA GAMING PLAN
3.9 Work Permits and Identification Bad¡:es Required For
Mana¡:ers. Independent Contractors and Employees
3.9.1 Work Permit Required. Prior to commencing work at a cardroom,
each proposed manager, independent contractor or employee of a cardroom, if such Person is
other than the Person or Persons whose names appear on the application for the cardroom license,
must obtain a work permit trom the Chief of Police.
3.9.2. Application Process. Each proposed manager, independent
contractor or employee shall submit an application for the required work permit to the Chief of
Police. Such application shall be on a form issued by, or otherwise approved in advance by, the
Chief of Police. Such application shall include, in addition to any other information required by
the Chief of Police, (a) the past criminal record, if any, of such Person; (c) the fingerprints of such
Person; and (d) a non-refundable fee, as presently designated, or as may in the future be amended,
in the Master Fee Schedule for cardroom applications, to cover the cost of processing the
application and of any required investigation of the applicant. The work permit, when issued,
shall be paid for one (1) year. Any renewal must also be approved by the Chief of Police. The
Chief of Police may deny any Person the initial approval or renewal of a work permit if, in the
Chief of Police' s opinion, such person should not be permitted to work in the cardroom in the
capacity proposed.
3.9.3 Identification Badges to be worn. Every manager, independent
contractor, and employee of a cardroom shall, at all times when present in such cardrooms, wear
an identification badge containing such Person's photograph, age, address and description of such
individual.
3.9.4 Limitation of discretion to issue work permit. In addition to aI1Y
other restrictions provided by law no work permit shall be issued to aQyone who is disqualified
trom holdini a state iamblini license for aI1Y of the reasons specified in California Business and
Professions Code Section 19850
3.9.5 Denial of an application for a work permit. ÁI1y application for a
work permit shall be sUQject to obiection by the State of California division of ¡:amblini control
( ¡ereafter division) If the division obiects to the issuance of a work permit it shall be denied
Such a denial may be reviewed in accordance with the Gamblini Control Act (J3usiness and
Professions Code Section 19801 et seq )
ATTACHMENT "A"
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COUNCIL AGENDA STATEMENT
Item -LJl
Meeting Date 12/14/99
ITEM TITLE: Public Hearing: PCC-OO-OS, Consideration of a Conditional Use
"" Pennit, PCC-OO-OS, for GTE Worldwide Telecommunication
Services to construct an unmanned cellular communications
facility at 700 East Naples Street.
Resolution: of the Chula Vista City Council granting a
Conditional Use Pennit, PCC-OO-OS, for GTE Worldwide
Telecommunication Services to construct an unmanned cellular
communications facility located at 700 East Naples Street.
SUBMITTED BY: Director of Planning and Building $
REVIEWED BY: City Manager ~ I%- (4/5ths Vote: Yes_No-X)
GTE Worldwide Telecommunication's Services is requesting permission to construct
and operate an unmanned cellular communications facility at 700 East Naples, at the
future site of the Veteran's Home of California at Chula Vista Project. The project will
consist of an equipment building, and a 31-foot-high street light (monopole) supporting
2 directional (panel) antennas. The monopole location is proposed on the grounds
(parking lot) of the Veteran's Home facility which is presently under construction.
The Environmental Review Coordinator has concluded this project is a Class 1
Categorical Exemption from environmental review, minor alteration of an existing
public facility, per the California Environmental Quality Act.
RECOMMENDATION: That the City Council approve the attached resolution.
BOARDS/COMMISSIONS RECOMMENDATIONS:
The Planning Commission adopted a resolution at their meeting of November 17, 1999
recommending that the City Council conditionally approve the proposed cellular facility.
The Planning Commission added condition language addressing graffiti control, the
installation of landscaping, and the monitoring of the site (six months after the issuance
of building pennits) to ensure that the cellular facility has been constructed in accordance
with the project plans and the conditions of approval.
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Page 2, Item No:
Meeting Date: 12/14/99
DISCUSSION:
1. Site Characteristics
The project site is currently undergoing construction activities and will be the future site
of the Veteran's Home. The site is zoned RIH. The project site is situated on a hill to
the south of Telegraph Canyon Road. Surrounding uses include Sharp Chula Vista
Medical Center to the immediate south, as well as single-family residential and multi-
family uses in the Sunbow Planned Community.
2. General Plan. Zoning and Land Use
The following table specifies the types of land uses surrounding the project site:
GENERAL PLAN ZONING CURRENT USE
Site Public/Quasi Public RlH Veteran's Home
North Medium Density Residential R3P12 Multi-family Res.
South Public/Quasi Public H Hospital
East Planned Community PC Vacant
West Low Density Residential Rl5P Single-Family Res.
3. Proposal
GTE Worldwide Telecommunications Services proposes to construct an unmanned
cellular communications facility at 700 East Naples. The 31 foot-high monopole would
consist of a light standard that would support two directional panel antennas. The
proposed cellular site would provide service to the Telegraph Canyon Road area. The
project plans depict a total of three light poles at the northeastern corner of the
property. Only one light pole would support the proposed cellular antennas. The two
other light poles were included with the plans for the Veteran's Home project. The
materials of the proposed monopole would match those of the other light poles on the
site. Other light poles on the site would be approximately 16 feet in height.
A 200 square-foot modular equipment building would be placed to the north (down
slope) of the proposed monopole. This building would measure 10' by 20' and would
house electronic equipment. Construction of this building would require minor grading
and the construction of a low retaining wall.
In accordance with Section 19.48 (Unclassified Uses), Conditional Use Permits are
required for uses listed in this section of the Zoning Code, and shall be considered by
the City Council upon recommendation by the Planning Commission.
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Page 3, Item No:
Meeting Date: 12/14/99
4. Similar Establishments
There are several monopole facilities currently in the City of Chula Vista. Those
facilities include the PacTel and U.S. West site adjacent to 1-5 and south of Anita Street
(60 foot-high monopole). Other sites include AirTouch and Nextel cellular
communication facilities located on top of the Sharp Chula Vista Medical Center at 751
Medical Center Drive, as well as a facility located at 625 H Street. A 60 foot-high
monopole is also situated at 428 Broadway.
5. Analvsis
The proposed wireless facility would be located on the Veteran's Home site. The State
of California has governing authority over uses and functions on the property. The state
has authorized GTE Wireless to file the subject application. The City of Chula Vista
retains permitting authority over the proposed cellular facility.
The proposed use will be located in a parking lot and road area at the northeast of the
site. The proposed cellular facility is designed to minimize its visibility by co-locating
the antennas on a light standard that will match other light standards to be installed by
the Veteran's Home. The visibility of the monopole would be minimized by flush
mounting the two panel antennas near the top of the light standard and by painting the
antennas to match the light standard. The proposed equipment building would be
screened from view through the planting of screening vegetation. The location of the
monopole and associated equipment at the rear of the site would further minimize the
visual impact of the facility upon surrounding properties.
6. Issues:
Design
Staff has not identified any design issues associated with the proposed monopole. The
cellular facility appears to be appropriately sited, and will blend in well with other
hardscape in the parking area of the Veteran's Home. Sufficient landscaping has been
provided to screen the equipment building from surrounding uses.
Alternative Sites
The site chosen is well suited for a cellular site. Alternative locations for the cellular
facility are available but not as desirable from an aesthetic and functional point of view.
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Page 4, Item No:
Meeting Date: 12/14/99
Co-locating
The applicant has indicated that it would not be possible to co-locate the proposed
cellular facility with existing monopoles located on top of Sharp Community Hospital.
According to the applicant, transmission interference would occur if the proposed
cellular facility were to be collocated at the Sharp site.
Emissions
The applicant will be required to submit proof of compliance with ANSI standards on
emissions control prior to the issuance of building permits for the project (Please see
Condition No.4)
7. Conclusion
Staff is recommending approval based upon the findings and conditions of approval as
noted in the attached draft resolutions.
FISCAL IMPACT: Applicant has paid all processing fees.
ATTACHMENTS:
Attachment A - Draft Resolutions
Attachment B - Application submittal
Attachment C - Map of approved monopole locations
Attachment D - Locator map
H:HOME:/planning/stevexp/pccOOO8.ccreport
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RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING A CONDITIONAL USE PERMIT,
PCC-00-08, TO GTE WORLDWIDE TELECOMMUNICATION
SERVICES TO CONSTRUCT AN UNMANNED CELLULAR
COMMUNICATIONS FACILITY AT 700 EAST NAPLES
STREET.
A. RECITALS
1. Project Site
WHEREAS, the parcel which is the subject matter of this resolution is represented
in Exhibit A attached hereto and incorporated herein by this reference, and for the
purpose of general description is located at Veteran's Home of California at Chula
Vista, 700 East Naples Street ("Project Site"); and,
2. Project Applicant
WHEREAS, on August 31, 1999 a duly verified application for a conditional use
permit (PCC-00-08) was filed with the City of Chula Vista Planning Division by
GTE Worldwide Telecommunications (Applicant); and,
3. Project Description; Application for Conditional Use Permit
WHEREAS, Applicant requests permission to construct an unmanned cellular
communications facility consisting of a 31-foot high monopole. The facility will
consist of one monopole with two panel directional antennas, with a 200 square
foot equipment building on the Project Site; and,
4. Planning Commission Record on Application
WHEREAS, the Planning Commission scheduled and advertised a public hearing
on the Project for November 17, 1999, and
WHEREAS, the Planning Commission meeting of November 17, 1999 considered
a motion to support staffs recommendation for the monopole; and
5. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista on December 14, 1999, to
receive the recommendation of the Planning Commission, and to hear public
testimony with regard to same.
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Resolution No. - Page #2
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
B. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning
Commission at their public hearing on this project held on November 17, 1999 and the
minutes and resolution resulting therefrom, are hereby incorporated into the record of this
proceeding.
C. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has concluded that the project is a Class 1
Categorical Exemption from environmental review pursuant to §15303 and §15311 of the
California Environmental Quality Act.
D. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the environmental determination of the
Environmental Review Coordinator was reached in accordance with requirements of the
California Environmental Quality Act, the State EIR Guidelines, and the Environmental
Review Procedures of the City of Chula Vista.
E. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make the findings required by the
City's rules and regulations for the issuance of conditional use permits, as herein below
set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding
to be made.
1. That the proposed use at the location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the
neighborhood or the community.
The proposed cellular facility is necessary to provide and maintain a quality cellular phone
system in eastern Chula Vista, specifically providing service for the Telegraph Canyon
Road area near 1-805. The cellular facility will contribute to the general well being of the
community by facilitating telephonic communication in the area surrounding said facility.
2. That such use will not under the circumstances of the particular case, be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the
vicinity.
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Resolution No. - Page #3
According to study submitted by the applicant, cellular communications operate on low-
power radio waves. Emissions from cellular antennas have been shown to be below any
levels that would cause hazardous biological effects. In addition, cellular antenna
emissions are so far below all recognized safety standards that they constitute no hazard
to public health or safety. The project has been conditioned that the applicant prove
compliance with the accepted ANSI standards for emissions control.
3. That the proposed use will comply with the regulations and conditions specified
in the code for such use.
Conditional Use Pennit PCC-OQ-08 requires the pennittee to comply with all the applicable
regulations and standards specified in the Municipal Code for such use.
The conditioning of PCC-OQ-08 is approximately proportional both in nature and extent to
the impact created by the proposed development in that the conditions imposed are directly
related to and are of a nature and scope related to the size and impact of the project.
4. That the granting of this conditional nse permit will not adversely affect the
general plan of the City or the adopted plan of any government agency.
The granting of PCC-DO-08 will not adversely affect the Chula Vista General Plan in that
said project is proposed to be built on a public/quasi-public site. The site is surrounded by
residential, commercial and public/quasi uses, said uses confonning with the General Plan.
F. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-OO-08 subject to the
following conditions whereby the applicant and/or property owner shall:
1. Construct the Project as described in the application (including installing
landscaping in accordance with Plans No. PCC-OO-08), except as modified herein
to allow for the monopole design, storage/equipment building and emergency
generator.
2. The monopole shall maintain a design and color that is similar to other light poles
on the Veteran's Home site.
3. Applicant shall cooperate in good faith with other communications companies in
co-locating additional antenna on pole structures and/or on the tops of buildings,
provided said co-locates have received a conditional use permit for such use at said
site from the City. Permittee shall exercise good faith in co-locating with other
communications companies and sharing the permitted site, provided such shared
use does not give rise to a substantial technical level- or quality-of-service
impairment of the permitted use (as opposed to a competitive conflict or financial
burden). In the event a dispute arises as to whether pennittee has exercised good
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Resolution No. - Page #4
faith in accommodating other users, the City may require a third party technical
study at the expense of either or both the permittee and applicant.
4. Comply with ANSI standards for EMF emissions. Within six (6) months of the
Building Division final inspection of the project, the Applicant shall submit a
project implementation report to the Director of Planning and Building which
provides cumulative field measurements of radio frequency (EMF) power densities
of all antennas installed at subject site. The report shall quantify the EMF
emissions and compare the results with currently accepted ANSI standards. Said
report shall be subject to review and approval by the Director of Planning and
Building for consistency with the project proposal report and the accepted ANSI
standards. If on review the City in its discretion fmds that the Project does not
meet ANSI standards, the City may revoke or modify this conditional use permit.
5. Ensure that the project does not cause localized interference with reception of area
television or radio broadcasts. If on review the City, in its discretion, finds that
the project interferes with such reception, the City may revoke or modify the
conditional use permit.
6. Upon completion of construction, provide one 2A:I0BC fire extinguisher at a
location satisfactory to the Fire Marshal.
7. Obtain all necessary permits from the Chula Vista Building Department and Fire
Department.
8. The applicant shall use anti-graffiti paint for the equipment building.
9. Comply with the City's Municipal Code noise standards. Within three (3) months
of the Building Division's final inspection, the applicant shall submit a report to the
Director of Planning and Building which provides cumulative field measurements
of facility noises. The report shall quantify the levels and compare the results with
current standard specified in the Municipal Code for residential uses. Said report
shall be subject to review and approval by the Director of Planning and Building
for consistency with the project proposal dated August 31, 1999 and Municipal
Code noise standards. If on review the City finds that the project does not meet the
Municipal Code noise standards, the City may revoke or modify the permit.
10. This Conditional Use Permit services a defined service radius as identified in the
development application submittal for PCC-OO-08 and identified as "GTE Wireless-
Telegraph Canyon - Coverage Area - Figure 8". If the Applicant requests a
second tower within the same service radius, the Applicant shall be required to
amend this Conditional Use Permit.
11. This permit shall be subject to any and all new, modified or deleted conditions
imposed after approval of this permit to advance a legitimate governmental interest
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Resolution No. - Page #5
related to health, safety or welfare which the City shall impose after advance
written notice to the Permittee and after the City has given to the Permittee the
right to be heard with regard thereto. However, the City, in exercising this
reserved right/condition, may not impose a substantial expense or deprive Permittee
of a substantial revenue source which the Permittee can not, in the normal
operation of the use permitted, be expected to economically recover.
12. This conditional use permit shall become void and ineffective if not utilized or
extended within one year from the effective date thereof, in accordance with
Section 19.14.260 of the Municipal Code.
13. The Applicant shall remove the monopole and return the site back to its original
condition within ninety (90) days of cessation of use of the monopole.
14. Applicant/operator shall and does hereby agree to indemnify, protect, defend and
hold harmless City, its Council members, officers, employees, agents and
representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorney's fees (collectively, "liabilities")
incurred by the City arising, directly or indirectly, from (a) City's approval and
issuance of this Conditional Use Permit, (b) City's approval or issuance of any
other permit or action, whether discretionary or non-discretionary, in connection
with the use contemplated herein, and c) Applicant's installation and operation of
the facility permitted hereby, including, without limitation, any and all liabilities
arising from the emission by the facility of electromagnetic fields or other energy
waves or emissions. Applicant/operator shall acknowledge their agreement to this
provision by executing a copy of this Conditional Use Permit where indicated,
below. Applicant's/operator's compliance with this provision is an express
condition of this Conditional Use Permit and this provision shall be binding on any
and all of Applicant's/operator's successors and assigns.
15. Project site shall be inspected six months subsequent to the issuance of building
permits to check conformance with project plans and conditions of approval.
16. Project site shall be regularly maintained and kept free of graffiti. Anti-graffiti paint
shall be applied to all structures associated with this project.
G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing the lines provided
below, said execution indicating that the property owner and applicant have each read, understood
and agreed to the conditions contained herein. Upon execution, this document shall be recorded
with the County Clerk of the County of San Diego, at the sole expense of the property owner
and/or applicant, and a signed, stamped copy returned to the Planning Department. Failure to
return a signed and stamped copy of this recorded document within ten days of recordation to the
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Resolution No. - Page #6
City Clerk shall indicate the property owner/applicant's desire that the project, and the
corresponding application for building permits and/or a business license, be held in abeyance
without approval. Said document will also be on file in the City Clerk's Office and known as
Document No.
Signature of Representative of Date
GTE Worldwide Telecommunications Services
H. ADDITIONAL TERM OF GRANT
This permit shall expire ten (10) years after the date of its approval by the City Council.
After the first five (5) years, the Zoning Administrator shall review this Conditional Use
Permit for compliance with the conditions of approval, and shall determine, in consultation
with the Applicant, whether or not the tower height can be lowered.
I. NOTICE OF EXEMPTION
The City Council directs the Environmental Review Coordinator to post a Notice of
Exemption and file the same with the County Clerk.
J. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of tlús Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that
in the event that anyone or more terms, provisions or conditions are determined by a
Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and
the permit shall be deemed to be automatically revoked and of no further force and effect
ab initio.
Presented by Approved as to form by
Robert A. Leiter John M. Kaheny
Director of Planning and Building City Attorney
H: \HOME\PLANNING\STEVE\PCC\PCCOOO8CC .RES
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RESOLUTION NO. PCC-00-08
!':
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL GRANT A CONDITIONAL USE
PERMIT, PCC-OO-08, TO GTE WORLDWIDE TELECOMMUNICATION SERVICES,
TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT
700 EAST NAPLES.
WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula
Vista Planning Department on August 31, 1999 by GTE Worldwide Telecommunication Services; and
WHEREAS, said application requests permission to construct an unmanned cellular communications
facility, a 31 ft. high monopole and equipment building, at the Veteran's Home of California at Chula Vista,
located at 700 East Naples; and
WHEREAS, the Environmental Review Coordinator has concluded that the project is a Class 1
Categorical Exemption from environmental review pursuant to the California Environmental Quality Act; and
WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit
and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the city and its mailing to property owners and residents within 500 feet of the exterior
boundaries of the property at least 10 days prior to the hearing; and,
WHEREAS, the hearing was scheduled and advertised for November 17, 1999, 6:00 p.m. in the
Council Chambers, 276 Fourth Avenue, before the Planning Commission; and
WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at
the public hearing with respect to subject application.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby
recommend that the City Council approve Conditional Use Permit PCC- 00-08 in accordance with the findings
and subject to the conditions and findings contained in the attached City Council Resolution.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 17th day of November, 1999, by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
John Willett, Chair
ATTEST:
Diana Vargas, Secretary
H: \HOMEIPLANNINGlSTEVEIPCCIPCCOOO8.RES
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A~oust27, 1999
Ms. Beverly Blessent
City of Chula Vista, Planning Deparnnent
276 Fourth Avenue
Chula Vista, CA 92010
.SUBJECT: GTE WIRELESS - TELEGRAPH CANYON CELLULAR FACILITY
Dear Beverly:
Lettieri-McIntyre and Associates, on behalf of GTE Wireless, is submitting the attached application
package for a conditional use pennit for a cellular communication facility. The application package
includes the City of Chula Vista development processing application form, project description and
justification (Appendix A), ownership discJosure statement (Appendix B), 16 sets of site plans,
photographic survey and location map, photo-simulations, a map identifYing the area of coverage
provided by the facility, agent authorization letter, a copy of the Report of a Biological Survey of the 30-
Acre Veterans Administration Home Project Site (as incJuded in the Mitigated Negative DecJaration for
the Southern California Veterans Home) and a $2000 deposit to cover review costs.
Proposed Facility Design
GTE Wireless is proposing an unmanned cellular facility consisting of two (2) panel directional antennas
mounted ona 31'-0" high light standard, a 200-square-foot modular equipment building, and connecting
cables in the. northeast corner of the lot for the Veteran's Home currently under construction at 753
Medical Center Court One (1) GPS antenna will be mounted to the new modular equipment building.
The associated electronic equipment will be housed in a 10 x 20 foot modular equipment building
located approXÙ1lately 104 feet northeast from the light standard.
The proposed facility is designed to minimize its visibility by collocating the antennas on a light standard
which will match the design of the light standards to be installed within the Veteran's Home. The bulk
and visibility of the facility will be further minimized by flush mounting the two panel antennas near the
top of the light standard and by painting the antennas to match the light standard. The 200-square-foot
equipment building will be screened from view by planting of five-gallon bushes to the north, northwest
and south of the building to block it from view for the residents of the Veteran's Home and the multi-
family residential development below the site. The building will not be visible from Telegraph Canyon
Road. Limited grading is proposed for the equipment building, which will be set into the manufactured
slope with a retaining wall on three sides.
Previous Environmental Review
The proposed GTE facility would be located within the 30-acre Veterans Administration Home Project
Site for which a.Mitigated Negative DecJaration (MND) was prepared by the Chula Vista Community
Development Deparnnent in 1996. The MND for the Veteran's Home project assumed worst-case
development of 100 percent of the site since site specific development plans had not yet been prepared.
The MND identified that the loss of onsite biological resources from the Veteran's Home project was to
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be mitigated through the offsite acquisition. dedication and preseT\'ation of coastal sage scrub habitat
through either the NCCP program or through the 4(d) process established under the Endangered Species
Act for interim take (Special Rule).
As indicated on the enclosed sile plans for,the Veter.an's Home, the proposed GTE facility is located in
an area disturbed as part of the Vetenm'S Home project. Speciñcally, the light pole collocation is
proposed on the northern edge of the Veteran's Home development pad and the equipment building is
proposed on the manufactured slope below the pad. The manufactured slope is proposed to be
nydroseeded with Califoinia poppy, scarlet flax, African daisy, straWberry dever, monkey flower, salt
bush; and deerweed as part of the Veterari'sHome development. Consequently, the proposed GTE
facility would not TeSuh in any impacts 10 biologica1 TCSOW"Ces.
Alzernarive Locations Considered
When GTE approached the Department of Veteran's .Aff'airn{DVA) regarding 1hepossibility of
insta1ling acellular :facility, GTE proposed a dock lower or a bwlding collocation, but the DV A was !lot
in favor of either option. The only option the DV A agreed 10 was 11 collocation with a light standard.
GTE also considered locating the proposed :facility at the Chula VlSta Medica] Center located south of
the Veteran's Home site. However, the hospital is located at a higher elevation and would cause
interference in the GTE network in the surrounding areas. The lower,elevation ofihe Veteran's Home
site will satisfy the requirements of GTE's network without negatively impacting the service quality for
users in other parts of the network,
We would appreciate it.if you ,could please fill out the attached questionnaire and remrn.it in the self-
addressed stmnped envelope provided. If you have any questions please call me at 23 8-4241.
Sin=Jy,
LElllliKI-McINTYRE AND ASSOCIATES
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Deborah L. Collins,AlCP
Senior Project Mana",oer
S;\Pl.ANNIN~VERLIDOC
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~~~ DevelODment Píocessina
ern OF CHULA \lST..I\. . ~
-.- Application Form
. - -- Planning &. BuiJding D=paron~nl
Q1YΠ"276 Fourth Avcnu~ Page One
OiUlA V!SfA (6] 9)69]-5] 01
~ TYPE OF REVIEW REQUESTED I
ID condItional Use Peirni1' . (~off use onM Case No.: 1/(' L -7¡r·-05
FIling Date: g (~ /q 9. . By: ,~"---
Assign9d Pia' I
o Variance ,_ nner:
1racking No.: T (JO .39
o Design Review Receipt No.: Dr.;¿ {P 0 :::¡
Deposit Acct
o Speci:Jlland Use Permit Related Cases: .
~AraoOr»y) DZA ~Pui:Jljc Heating
o MisCeUaœous:
~ APPLICANT INFORMATION Ii
!Applicant N:Jme IPhOrlS No. I
j GTE WD~lãwide Telecommunication S~rvices ( 1 g '):;- Q~::;
¡.AppiIcant ADdress ,
, ,
I
I 2835 Camino del Rio South" Suite' 10 SaT"! niør;r. "^ Q?-: Ï'lR I
¡ÄD:JIic::ants !merest in PrD::Jeny , ff ap::>ü:::ant is not owner. owners aulhorizaTIan I
I
¡ §J Lsase o In Esc::row o Option to p:.Jr.::hose is reauire:j 10 pr=ess reaLes!. S:::c signmure !
i u OWn on Pa~ ïwo.
IArchirect/ACEnt ¡?none No. ì
I Lettieri'::-MCIn i ,
and Associ.ates . I
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Architect/Agent Address
1551 Four-...h Avenue. ,SUite 430 San Dieoo, CA 92101
~ GENERAL PROJECf DESCRIPTION (for all types). Ii
¡Project Name I Proposed Use i
I GTE-Te ¡ !
~ " .,. . .~ I
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General [P-scripiion of Proposed Project I
(PJeose use Appendix A to prr:Mde a full c:Jescription and justiiicalion tor the project) I
An UDmëmI1ed cellular Ïacility consisting oÍ two panel duectional antennas mounted on a I
I
31'-0. high light standard, a 20o-square Ïoot modular equipment building and connecting I
cables. One GPS antenna will be mounted to the new modular equipment building.
I
I Has a represen1aliVe attended a Pre-Applicalion Conference 10 dISCuss 1his project? Yes I
ff so, what was 1he date? 8/6/99 Pre-App No.: PA-00-09 I
II SUBJECT PROPERTY INFORMATION (for all types) II
Location/Street Address I
753 Medical Center Court
Assessors reel No. iotal Acreage edevelopment Area rrt applicable) I
641-010-07 ø~
urren, Ion urren on mmunrty rrt applicable) \
R1H 'IÄ
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7199
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DevelODíTtent ?rocessino
crn' OF CHULA \lSTA ^.....' .'~" c- -~ ~
Planning &. Builtiing Deparon~m '''"'\f-JDII'~OTIOn ¡OJ I . ;
CJ1Y Œ 2ï6 rounh Avenue ?::Joe ïWD
ŒflJIA V!SIA (6]9)69]-5]01 -
Isiaff use. O'W) I
Case N:J..
II PROPOSED PROJECT (all types) (
,
Type of Use Proposed J.andscCpe Coverage [0'" of 1.01) --- i
, 0 Residen1ial 0 Comm. 0 Ind. fiùOlher BLilcing Covemge (% of lot) --- i
I RESIDENTIAL PROJECT SUMMARY I
rype of.Dw<>...IIing Unit{s) ¡Number ofJ.D1s !
N~ N~ I
IND. of Dwelling Units Proposed Bcis1ing I
I lBtI --- -
!' 2BR -- -
3+B~ - --
I ïOï.JI -- -
l2e p,vero;¡e LOi :o¡ze
____ ___ J ___ ___
¡Parkino S:::o::es iota I Off-street ÎÏ\r--e of ParkI;-¡:J ISlZe; v.~""'1T'e; =overe:1)
; - 1''''--'
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! equlB... DY ,Due: _ --- I ___
I Provided: I .
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I~. Space Descrtption ~cres each of prM:Jte._~on. and landscaping) I
. NON-RESIDENTIAL PROJECT SUMMARY 11
¡Gross Hoor Area (sf) Proposed Exisiing I BUilding Heigilt :'ldg.!
I 200 sf for the modular equi.¡,ment buildinq ¡31 ft-antenna/IO ft =or equip.:
¡HOUlS of Operation (Days &. Hoors) !
This is an unmanned cellular communication facility ¡
IAntidpated Total # Employees. !Max. # ot f::mployees at anyone Time i
. I I
'. N/A N/A !
Parking Spaces Required ! Spaces Provided Type ot paridng [size) I
, I '
RIA . N/A !' I> I
I'" 0 oems I dren {If . .' eJ! ems/cnJloren fn a;>;oü::=i!o i - ng opacITY ¡
RIA I N/A I ".'>
/ómÞev-l,t., A.t;~-~+- ~~ *--~ B/.??-Iqq
Print Applicant or Agent N0111é ApþIicant or J<gent gnatur Daté .
~ee afV;t£.-/M.PI c;w..¡-tM1yi-Ut;/-ì:n,¡ [.e.HG.r
Print Owner Nome Owner Signaturet Date
{Required If Applicont is not Owner]
t Letter of owner consent may be used in/ie.} of signature. /1
( 17- -
fOl?M 1A-PAGE]CJE? ' é 7199
Ap;>endix A
PROJECT DESCRIPTION AND JUSTIFICATION
PROJECT NAME: GTE ~~s - Telegraph Canvon Cellular Site
APPLICANT NAME: GTE Worldwide..Telecammunications Se=vices
Please describe fully the proposed project, any and all construc:tion that may be
accomplished as a result of approval of this project and the project's benefits to youro;elf,
the property, the neighborhood and the City of Chula VISta. Include any details
necessary to adequately explain 1hescope. and/or opo..ration of the proposed project.
You may include any background infonnation and supporting statements regaråing -the
reasons for, or appropriateness of, the application. Use an addendum sheet if
neœssary.
For all Ccnömonal Use Pel1T1its Dr Variances, please adèress -the required -Findings' as
listeel in listed in the Appli:;ation Proc:eèural Guide.
DescñDtiDn & Justification.
See Attacheè.
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Appendix A
Project Description and Justification
T elegrapb Canyon Cellular Site
n
GTE WJreless is proposing an l1nm~nned cellular:facility consisting of two (2) panel directional
ant=as mounted on a 31'-O~ high light standard, a 200-square-foot modular equipment
building, and cODDecting cables in "the northeast comer of the lot for the Veteran's Home
currently under construction at 753 Medical Centf:r Court. One (1) GPS antenna will be mounted
to the new modular equipment building. Tbe associa1ed electronic equipment will be housed in a
10 x 20 foot modular equipment building located approximately 104 feet north from the light
srandard.
Tne proposed faciliry is designed to minim;?:" its visibility by collocating the antennas on a light
srandard whicb will match the design of the light standards to be installed within the Veteran' s
Home. The bulk and visibility of the facility will be further m;n;m;7.ed by flush mounting the
two panel anteIUlBS near the top of the light standard and by painting the an=as to match the
light srandard. The 200-square-Îoot equipment building will be screened from view by planting
of ñve-gallon bushes to the north, northwest and 50uth oÎ the building to block it írom view Îor
the residents of the home and the multi-family residential development below the site. Tne
building will not be visible wm Telegraph Canyon Road. Linrited grading is proposed for the
equipment building, which will be set into the hillside with a rern;n;ng wall on three sides.
REQUIRED FINDINGS:
. That the proposed use at the particular location is necessary or desirable to provide a
service or fad1žty which wžll contribute to the general well being of the neighborhood or the
community.
Improved coverage along Telegraph Canyon Road, which is one of the major streets providing
access to the eastern portion of Chula Vista, is critical given the amount of new development that
is currently underway. The cellular facility will provide a necessary and desirable service by
providing additional cellular coverage and capacity for the eastem portion of the City of Chula
Vista in the following ways: 1) Mobile co=unications service provided by the facility is
growing in general use for both small and large businesses as well as individuals and public
agencies. The technology allows for mobile co=unications of telephones, faxes and computer
data. 2) The growing importance of mobile co=unication devices makes such service
necessary for the future business climate of the City ofCbula Vista. 3) The mobile phone service
is also of use for families, individuals and public agencies to allow instant co=unication with
others as well as providing mobile contact with the 911 emergency service system, thus
contributing to the general well being of the co=unity.
13
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· Tnæ such use will not, under the circumstances of the particular case, be derrimentallO the
health, safet)' or general welfare of persons residing or working within the viciniry, or
injurious to propert)' Or improvements in the vicinity.
The proposed use will not pose a danger to the public safety and weJfare as it only invoJves the
opemtion of a cellular 1mtenna which operates well below the safety standards established ¡'y
ANSI 1md utilized by the FCC. The proposed facility is also designed so that it will not block
views from the SUII'Ounding areas. The operation of the antenna will not cause any conflicts
betWeen the operations of other businesses in the area.
· That the proposed use will comply with the regulations and conditions specified in this code
for such use.
The:fàcility is r--..quired to comply with the reguJarions of the Municipal Code and .in any case
wh= it does not comply, the Conditional Use Permit will be subject tD modificarion or
n;vDcation.
· That the granIing of this condiTional use will not adversely qffect the general plan of the Cit)'
Or the adopted plan of any governmental agency.
Tne proposed use is permined subject to approval of a CUP. Tne proposed light standard
collocation has been .integrated .into the design of the Veteran's Home which is currently under
construction adjacent to Shmp ChuJa Vista Medical Center, thereby avoiding any adverse land
use impacts. The proposed facility is a public urility to be located with institutional uses
.including the Veteran's Home and the adjacent hospital, mlllcing it a compatible use within the
area. Consequ=tly, the proposed facility is in compliance with the General Plan and the Zoning
Ordinance and the land use designation and will not alter the land use patterns of the General
Plan. Monthly mamtenance tha1 the facility will not result in the intensification of the use of the
site and is an insignificant increase in traffic for the neighborhood.
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5EP Ø3 '99 Ø2: 46f'M LETTIERI --M::INTYRE & ASSOCIRTES P.2/2
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Interoffice Memo ..
To: . Mary Hamilton - Site Acquisition Specialist
From: Darang Tech - Engineer Radio Design
Date: 09101/99
Subject: Justification for Telegraph Canyon ceU site..
The area with service quality issues in 1he Telegraph Canyon arøå is well defmed and can be
resolved by adding the Telegraph Canyon cell site. The approach selected involves 1I1e use
of a.slte with low ground elevation and a:relativaly low antenna elevation. In1hismanner. we
are able 10 improve serva to the immediate area without generating interference to
surrounding areas; areas where the site does not need to serve.
In a mature netwDr1c such liS that of GTE Wireless, servicequafity is often tlBfined by the
amount of interference in the network. Each user is served by a cell site that is often .close to
their geographic location. This is the desired signal. The·desired signal needs'to be a cena;"
number of times stronger than the signals transmitIed from other sites throughout the
nBtwork; the undesired signals, or interference.
As the networ1c expands and usegs increases, the åmount of undesired signals. must be
contrOlled. This is typically done by locating cell sites such that they have elevations end
antenna centerlines mat will provide adequate service in the B1ea.ot interest; buttnot . ..
propagate interference throughout the rest of the network. .
The current Telegraph Canyon eel/site does just that. It will improve service in the area of
interest, but it will not increase the interference in the rest of the netwDr1c by I1TIY perceptible'
amount. The hospital, on the other hand, is located with II high enough elevation. roughly
200' higher in antenna centerline, thet it would cause increased interference in·the netwDr1c.
After extensive study and testing, we concluded that the lower slte..nswers our needs
without negatively impacting the service quality for users in other parts of the network.
The fact that other camers are located at the hospital is inelevem to our needs. Each
networ1c is different in its requirements based on where their existing celf sites are located
and what their long-teim strelegiøs are. It is impossible for us to know what their strategy is,
but we CI1Tl explain our strategy and how the lower level site fits into it.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING A CONDITIONAL USE PERMIT,
PCC-00-08, TO GTE WORLDWIDE TELECOMMUNICATION
SERVICES TO CONSTRUCT AN UNMANNED CELLULAR
COMMUNICATIONS FACILITY AT 700 EAST NAPLES
STREET.
A. RECITALS
I. Project Site
WHEREAS, the parcel which is the subject matter of this resolution is represented
in Exhibit A attached hereto and incorporated herein by this reference, and for the
purpose of general description is located at Veteran's Home of California at Chula
Vista, 700 East Naples Street ("Project Site"); and,
2. Project Applicant
WHEREAS, on August 31, 1999 a duly verified application for a conditional use
permit (PCC-00-08) was filed with the City of Chula Vista Planning Division by
GTE Worldwide Telecommunications (Applicant); and,
3. Project Description; Application for Conditional Use Permit
WHEREAS, Applicant requests permission to construct an unmanned cellular
communications facility consisting of a 31- foot high monopole. The facility will
consist of one monopole with two panel directional antennas, with a 200 square
foot equipment building on the Project Site; and,
4. Planning Commission Record on Application
WHEREAS, the Planning Commission scheduled and advertised a public hearing
on the Project for November 17, 1999, and
WHEREAS, the Planning Commission meeting of November 17, 1999 considered
a motion to support staffs recommendation for the monopole; and
5. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista on December 14, 1999, to
receive the recommendation of the Planning Commission, and to hear public
testimony with regard to same.
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Resolution No. - Page #2
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
B. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning
Commission at their public hearing on this project held on November ]7, ]999 and the
minutes and resolution resulting therefrom, are hereby incorporated into the record of this
proceeding.
C. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has concluded that the project is a Class ]
Categorical Exemption from environmental review pursuant to § 15303 and § 15311 of the
California Environmental Quality Act.
D. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the environmental determination of the
Environmental Review Coordinator was reached in accordance with requirements of the
California Environmenta] Qua]ity Act, the State EIR Guidelines, and the Environmental
Review Procedures of the City of Chula Vista.
E. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make the findings required by the
City's rules and regulations for the issuance of conditional use permits, as herein below set
forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be
made.
1. That the proposed use at the location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the
neighborhood or the community.
The proposed cellular facility is necessary to provide and maintain a quality cellular phone
system in eastern Chula Vista, specifically providing service for the Telegraph Canyon
Road area near I-80S. The cellular facility will contribute to the general well being ofthe
community by facilitating telephonic communication in the area surrounding said facility.
2. That such use will not under the circumstances of the particular case, be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the
vicinity.
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Resolution No. - Page #3
According to study submitted by the applicant, cellular communications operate on low-
power radio waves. Emissions from cellular antennas have been shown to be below any
levels that would cause hazardous biological effects. In addition, cellular antenna
emissions are so far below all recognized safety standards that they constitute no hazard to
public health or safety. The project has been conditioned that the applicant prove
compliance with the accepted ANSI standards for emissions control.
3. That the proposed use will comply with the regulations and conditions specified
in the code for such use.
Conditional Use Permit PCC-OO-OS requires the permittee to comply with all the applicable
regulations and standards specified in the Municipal Code for such use.
The conditioning of PCC-OO-OS is approximately proportional both in nature and extent to
the impact created by the proposed development in that the conditions imposed are directly
related to and are of a nature and scope related to the size and impact of the project.
4. That the granting of this conditional use permit will not adversely affect the
general plan of the City or the adopted plan of any government agency.
The granting of PCC-OO-OS will not adversely affect the Chula Vista General Plan in that
said project is proposed to be built on a public/quasi-public site. The site is surrounded by
residential, commercial and public/quasi uses, said uses conforming with the General Plan.
F. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-OO-OS subject to the
following conditions whereby the applicant and/or property owner shall:
1. Construct the Project as described in the application (including installing
landscaping in accordance with Plans No. PCC-OO-OS), except as modified herein
to allow for the monopole design, storage/equipment building and emergency
generator.
2. The monopole shall maintain a design and color that is similar to other light poles
on the Veteran's Home site.
3. Applicant shall cooperate in good faith with other communications companies in
co-locating additional antenna on pole structures and/or on the tops of buildings,
provided said co-locates have received a conditional use permit for such use at said
site from the City. Permittee shall exercise good faith in co-locating with other
communications companies and sharing the permitted site, provided such shared
use does not give rise to a substantial technical level- or quality-of-service
impairment of the permitted use (as opposed to a competitive conflict or financial
burden). In the event a dispute arises as to whether permittee has exercised good
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Resolution No. Page #4
faith in accommodating other users, the City may require a third party technical
study at the expense of either or both the permittee and applicant.
4. Comply with ANSI standards for EMF emissions. Within six (6) months of the
Building Division final inspection of the project, the Applicant shall submit a
project implementation report to the Director of Planning and Building which
provides cumulative field measurements of radio frequency (EMF) power densities
of all antennas installed at subject site. The report shall quantify the EMF
emissions and compare the results with currently accepted ANSI standards. Said
report shall be subject to review and approval by the Director of Planning and
Building for consistency with the project proposal report and the accepted ANSI
standards. If on review the City in its discretion finds that the Project does not
meet ANSI standards, the City may revoke or modify this conditional use permit.
5. Ensure that the project does not cause localized interference with reception of area
television or radio broadcasts. If on review the City, in its discretion, finds that
the project interferes with such reception, the City may revoke or modify the
conditional use permit.
6. Upon completion of construction, provide one 2A: IOBC fire extinguisher at a
location satisfactory to the Fire Marshal.
7. Obtain all necessary permits from the Chula Vista Building Department and Fire
Department.
8. The applicant shall use anti-graffiti paint for the equipment building.
9. Comply with the City's Municipal Code noise standards. Within three (3) months
of the Building Division's final inspection, the applicant shall submit a report to the
Director of Planning and Building which provides cumulative field measurements
of facility noises. The report shall quantify the levels and compare the results with
current standard specified in the Municipal Code for residential uses. Said report
shall be subject to review and approval by the Director of Planning and Building
for consistency with the project proposal dated August 31, 1999 and Municipal
Code noise standards. If on review the City finds that the project does not meet
the Municipal Code noise standards, the City may revoke or modify the permit.
10. This Conditional Use Permit services a defined service radius as identified in the
development application submittal for PCC-OO-08 and identified as "GTE Wireless-
Telegraph Canyon - Coverage Area - Figure 8". If the Applicant requests a
second tower within the same service radius, the Applicant shall be required to
amend this Conditional Use Permit.
11. This permit shall be subject to any and all new, modified or deleted conditions
imposed after approval of this permit to advance a legitimate governmental interest
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Resolution No. - Page #5
related to health, safety or welfare which the City shall impose after advance
written notice to the Permittee and after the City has given to the Permittee the
right to be heard with regard thereto. However, the City, in exercising this
reserved right/condition, may not impose a substantial expense or deprive
Permittee of a substantial revenue source which the Permittee can not, in the
normal operation of the use permitted, be expected to economically recover.
12. This conditional use permit shall become void and ineffective if not utilized or
extended within one year from the effective date thereof, in accordance with
Section 19.14.260 of the Municipal Code.
13. The Applicant shall remove the monopole and return the site back to its original
condition within ninety (90) days of cessation of use of the monopole.
14. Applicant/operator shall and does hereby agree to indemnify, protect, defend and
hold harmless City, its Council members, officers, employees, agents and
representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorney's fees (collectively,
"liabilities") incurred by the City arising, directly or indirectly, from (a) City's
approval and issuance of this Conditional Use Permit, (b) City's approval or
issuance of any other permit or action, whether discretionary or non -discretionary,
in connection with the use contemplated herein, and c) Applicant's installation and
operation of the facility permitted hereby, including, without limitation, any and all
liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions. Applicant/operator shall acknowledge their agreement
to this provision by executing a copy of this Conditional Use Permit where
indicated, below. Applicant's/operator's compliance with this provision is an
express condition of this Conditional Use Permit and this provision shall be
binding on any and all of Applicant's/operator's successors and assigns.
15. Project site shall be inspected six months subsequent to the issuance of building
permits to check conformance with project plans and conditions of approval.
16. Project site shall be regularly maintained and kept free of graffiti. Anti-graffiti
paint shall be applied to all structures associated with this project.
G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing the lines provided
below, said execution indicating that the property owner and applicant have each read, understood
and agreed to the conditions contained herein. Upon execution, this document shall be recorded
with the County Clerk of the County of San Diego, at the sole expense of the property owner
and/or applicant, and a signed, stamped copy returned to the Planning Department. Failure to
return a signed and stamped copy of this recorded document within ten days of recordation to the
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Resolution No. - Page #6
City Clerk shall indicate the property owner/applicant's desire that the project, and the
corresponding application for building permits and/or a business license, be held in abeyance
without approval. Said document will also be on file in the City Clerk's Office and known as
Document No.
Signature of Representative of Date
GTE Worldwide Telecommunications Services
H. ADDITIONAL TERM OF GRANT
This permit shall expire ten (10) years after the date of its approval by the City Council.
After the first five (5) years, the Zoning Administrator shall review this Conditional Use
Permit for compliance with the conditions of approval, and shall determine, in consultation
with the Applicant, whether or not the tower height can be lowered.
1. NOTICE OF EXEMPTION
The City Council directs the Environmental Review Coordinator to post a Notice of
Exemption and file the same with the County Clerk.
J. INVALIDITY; A UTOMA TIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that
in the event that anyone or more terms, provisions or conditions are determined by a
Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and
the permit shall be deemed to be automatically revoked and of no further force and effect
ab initio.
Presented by Approved as to form by
Robert A. Leiter f¡---
Director of Planning and Building
H: \shared\clerk\GTE. CUP
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COUNCIL AGENDA STATEMENT
Item: H
I
Meeting Date 12/14/99
ITEM TITLE: Resolution Approving a Memorandum of Understanding
between the City of Chula Vista and the Metropolitan Transit
Development Board regarding Transit / Land Use Planning Coordination
SUBMITTED BY: Director of Planning and Building ~
REVIEWED BY: City Manager c;lt-- 'J~ (4/5ths Vote: Yes_NolO
,fa"
MTDB has been working with representatives of member cities and the County over the past
several months to detennine ways in which transit and land use planning policies and decisions
can be better coordinated. Out of these discussions, a proposed "memorandum of
understanding" was approved by the MTDB board, and has been forwarded to the local
jurisdictions for review and possible adoption. Under the proposed MOU, the City would agree
to allow the MTDB staff to review and comment on proposed local plans and projects which may
raise transit planning issues. At the same time, MTDB would agree to consider transit-friendly
community design as an important factor in evaluating the allocation of transit improvement
funding.
RECOMMENDATION: Staff recommends that the City Council approve the resolution
adopting the proposed memorandum of understanding, and direct staff to implement its
provisions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The proposed MOU contains several provisions that would ensure that the City and MTDB staffs
continue to work together closely in the review of local plans and projects to ensure that all
reasonable opportunities to promote transit use are considered. During the discussions with the
MTDB Board on this matter, it was pointed out that Chula Vista and MTDB have had a history
of close cooperation, including MTDB's direct participation in the Otay Ranch project. This
MOU would reinforce that existing level of cooperation, and would also reflect the MTDB
Board's intent to recognize communities such as ours which are planning for transit-friendly
community design in the allocation of transit improvement funding. Attached is an MTDB Board
of Directors report which provides further information regarding the process used in developing
this MOU, and specific issues which were considered by the Board prior to its adoption.
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Page 2, Item No.:
Meeting Date: 12/14/99
Our staff is in full support of the recommended MOD, and we view it as a logical extension of
our current efforts to coordinate with MTDB. Furthermore, we view the commitment by the
MTDB Board to consider transit-friendly community design as an important factor in allocating
transit improvement funding to be a significant policy statement which should help with the
City's efforts to promote early funding of the Otay Ranch / Otay Mesa trolley line, along with
other future needed transit improvements to serve the residents and businesses of Chula Vista.
FISCAL IMPACT:
Implementation of the proposed MOD will have a minor fiscal impact on the City by requiring
the routing of certain plans to MTDB for review and comment. It could also have a positive
future positive fiscal impact for the City if additional transit improvement funding is generated as
a result of the City's commitment to cooperate with MTDB on transit planning matters.
Attachment
MTDB Board of Directors Agenda Report, dated July 8, 1999, along with attachments thereto.
H:IHOMEIPLANNINGIBOBLIMTDBMOU.DOC
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'MTDB t&/
MetrOpolitan Transit Development Board
-
1255 Imperial Avenue. Suite 1000 Item No.~·
San Diego, CA 92101-7490 Agenda
(619) 231-1466
FAX (619) 234-3407
Board of Directors Meeting ADM 110.2 (PC 2081
July 8, 1999
Subject:
PROPOSED BOARD POLICY FOR TRANSIT/LAND USE PLANNING COORDINATION
INTRODUCTION:
The MTDB Executive.Committee and the Policy No. 40 Subcommittee have
recommended that a proposed new Board policy and companion model Memorandum
of Understanding (MOUI on Transit/Land Use Planning Coordination be adopted by
the MTD Board of Directors. This item was discussed by the Board at its meeting of
June 10, 1999 (Attachment AI. At that meeting, several Board members were
cOtlcerned that the MOU would infringe upon local government land use authority
and represent another layer of government control. There was also some confusion
as to how MTDB would implement MOU Provision No.9, which states that, MMTDB
will give higher priority to transit improvement funding in existing transit-friendly
urban areas and in new communities that are designed as transit-orientecl
developments. W This item summarized the Executive Committee's comments on
these matters.
RECOMMENDATION:
That the MTD Board of Directors:
1. adopt the new Board policy on MTransit/Land Use Planning Coordination"
(Attachment BI: and
2. authorize the General Manager to work with other governmental agencies in
our area of jurisdiction to develop cooperative transit/land use planning
agreements with each, modeled after the draft in Attachment C.
Budget Impact
None with this action.
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DISCUSSION:
To address the Board's concerns, the Executive Committee discussed this item at its
meeting of June 17, 1999. The Executive Committee reaffirmed its belief that the
model MOU is the preferred mechanism for securing agreements with jurisdictions.
Committee members believed that the formality of the MOU approach would help
ensure MTDB's meaningful inclusion in the planning process. It was also noted that
adoption of the MOUs was just the beginning of the effort, that follow-up
presentations and other actions would be necessary to achieve the desired goals.
To avoid delay in the development review process, the Committee reiterated that
MTDB staff would be subject to the same deadlines as the internal departments
included in the jurisdiction's review process. MTDB comments not submitted in a
timely manner would not have to be incorporated. Moreover, any comments sent by
MTDB staff would be treated as advisory only, not mandatory.
With regard to MOU Provision No.9, the Executive Committee generally supported
the concept of rewarding good design, but wanted assurance that transit-oriented
design would not be the sole factor used to evaluate new service proposals. For
clarification, staff proposes that the provision be rewritten to state that, MTo
encourage higher productivity of its resources, MTDB shall consider transit-friendly
community design as an important factor in evaluating the allocation of transit
improvement funding. M This revised language has been incorporated into the draft
Board policy (Attachment B) and MOU (Attachment C) in line-in/line-out format.
~ V.Ò0-. ._
Thomas F. larwin
General Manager
BWashi
31-JUl8.NBRAGA
6/30/99
Attachments: A. Board of Directors Agenda Item No. 32 dated 6/10/99
(without attachments)
B. Draft Policy for Transitlland Use Planning Coordination Board Only
dated 6/25/99
C. Draft MOU for Transitlland Use Planning Coordination
dated 6/25/99
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MTDB 4W
Metropolitan Trans~ Development Board Att. A. AI 31. 7/8/99. ADM 110.2
1255 Imperial Avenue. Sune 1000 Item No. 32·
Sen Diego. CA 92101-7490 Agenda
(619) 231-1466
~(619)234-3407
. Board of Directors Meeting ADM 110.2 (PC 208)
June 10. 1999
Subject:
PROPOSED BOARD POLICY FOR TRANSIT/LAND USE PLANNING COORDINATION
INTRODUCTION:
MTDB has a long-term interest in improving transit/land use planning coordination
so that transit service can be provided more efficiently, and potential customers can
access the stops and stations more easily. A strong economy and public concern
over growth issues have resulted in increased opportunities for MTDB to participate
in a regional growth debate and improve the transit/land use connection.
The Executive Committee and the Policy No. 40 Subcommittee (chaired by
Councilmember Stallings; other subcommittee members include Board members
Crabby, Mathis, and Rindone, and former Board member Hall) have discussed this
topic at several meetings. These committees have recommended that:
1. A new Board pOlicy on MTransit/Land Use Planning Coordination" be adopted;
2. Memorandum of Understanding (MOUI be adopted between MTDB and other
agencies in our area of jurisdiction;
3. Board members and staff actively participate in regional growth forums; and.
4. MTDB take a leadership role in seeking state legislation regarding fiscal
reform and transit-oriented development incentives.
This item presents a draft of the proposed new "Transit/Land Use Planning
Coordination" Board policy (Attachment A). Also presented is a Mmodel" MOU that
would be the starting point for discussions with each of the cities, the County of
San Diego, and other agencies with land development authority in our area of
jurisdiction (Attachment B).
RECOMMENDATION:
That the MTD Board of Directors: /9-5
1. adopt the new Board policy on "Transit/Land Use Planning Coordination"
-..-: (Attachment AI; and
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2. authorize the General Manager to work with other government agencies in
our area of jurisdiction to develop cooperative transit/land use planning
agreements with each agency, modeled after the draft in Attachment B.
Budç¡et Impact
None with this action. However, the need for additional staff to implement the
transit/land use planning coordination work program is discussed in the FY 2000
budget proposal.
DISCUSSION:
Proposed New Board Policy
The purpose of the attached draft policy is to work with the agencies in MTDB's
area of jurisdiction to interrelate and coordinate land use and transit planning in all
immediate-action, short-range, and long-range plans. The policy includes a broad
statement of policy and references existing transit- and pedestrian-oriented
development design manuals. It outlines a number of actions that could take place
to promote pedestrian- and transit-oriented development in several areas of interest,
as follows:
1. Lonç¡-Ranç¡e Planninç¡. General, community, redevelopment, specific, and
other long-range plans adopted by the cities, the County of San Diego, and
other government agencies set the policies that are implemented through
codes, standards, projects, and programs. It is essential that transit be
addressed as an integral component of all major planning and policy
initiatives at this level. An additional 7,000,000 residen" ere projected in
our region over the next 20 Yflllrs! The way we, as a region, respond to this
growth is being shaped today through long-range plans and policies.
2. Development Project Review. Policies are implemented through public and
private development projects. MTDB and other government agencies should
be partners in striving to achieve excellence in transit-oriented design.
3. Zoninç¡ and Street Design Manual Updates. Zoning codes and street design
manuals set the framework for how development will occur. These codes
and manuals should have the flexibility to facilitate transit-oriented
development.
4. Right-of-Way Protection and Acquisition. Right-of-way for transit operations
can be secured and protected through the land development process. This
- requires proactive action by each of the agencies. The additionlll
7,000,000 residents wHl IeIId to a .ubstentielInCIYIII.e In tnlveI demand In
the region. Congestion will increase, and the need for separate and priority
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right-of-way treatments for bus and rail projects will become increasingly
important.
5. Funding of Pedestrian- and Transit-Oriented Development Proiects, and
Transit Facilities, Vehicles, and Services.
a. Transit should be recognized as an essential public service, similar to
other elements of municipal infrastructure. MTDB will work with the
cities, the County of San Diego, and other government agencies to
strive to obtain transit operations and facilities funding from a variety
of sources.
b. MTDB will work with other local agencies to seek funding from a
variety of sources for transit-oriented development planning and
projects.
c. MTDB will give higher priority to transit improvement funding in
existing and new communities that are designed as transit-oriented
developments.
d. MTDB will work with the agencies to optimize and leverage any local
funds with available discretionary transit funding.
6. Education and Outreach. A public information program will be implemented
to establish an ongoing dialogue on transit and transit-oriented development
issues.
7. Formal Agreements. The factors stated above will be refined and adopted
through agreements between MTDB and each of the relevant agencies in our
service area.
Proposed Memorandum of Understanding
The draft MOU is intended to help implement the new Board policy. It would help
strengthen the transit/land use connection by establishing a formal and ongoing
relationship between MTDB and each city, the County of San Diego, and other
agencies in our area of jurisdiction. While the proposed new Board policy contains
broad statements of policy, the draft MOU details a number of more specific
activities that would be undertaken by the cities/County/agencies and MTDB,
including tasks to:
· develop a Mtransit checklistM or other project review materials;
· review development projects;
· work with Mtransit liaisonM staff members;
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· participate in long-range planning efforts and issues;
,
· conduct annual staff briefings and communications with local officials;
· prepare newsletter articles, information materials, and presentations to key
groups; and
· publicize exemplary plans and projects.
The draft MOU was prepared under the guidance of the Policy No. 40
Subcommittee with the help of planning directors from several of the jurisdictions
we serve. It has also been favorably reviewed by the Executive Committee, the
San Diego Association of Governments' (SANDAG'sl Regional Growth Management
Technical Committee, SANDAG's Subcommittee on Growth Management, and the
Regional Transit Management Committee. It has been drafted to serve as a model
for individual agreements between MTDB and each of the cities, the County, and
perhaps the Port District and other governmental agencies.
Thomas F. larwin
General Manager
KYarno/SGreen
32-JUN10.NBRAGA
7/1/99 (Revised)
Attachments: A. Draft Policy for Transit/Land Use Planning Coordination } Board Only
B. Draft MOU for Transit/Land Use Planning Coordination
'0
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....-,...---. -.------
Att. B. AI 31. 7/8/99. ADM 110.2
DRAfT ##
(date adoPted)
SUBJECT:
TRANSIT/LAND USE PLANNING COORDINATION
PURPOSE:
To work with the agencies in MTDB's area of jurisdiction in order to interrelate and
coordinate land use and transit planning in all immediate-action, short-range, and
long-range plans.
BACKGROUND:
While land use planning is the responsibility of individual local government agencies,
MTDB has a stake in the shape of future development in the region and in the
redevelopment of existing urban neighborhoods. Sprawled development patterns
and auto-oriented site designs are difficult and costly to serve by transit.
Conversely, neighborhoods designed to facilitate walking and bicycling will reduce
auto dependence, make transit easier to use, and lead to better communities. The
cooperation and assistance of the cities in the region and the CQunty of San Diego,
as well as other government agencies with land development authority, are required
for transit to become an important and integrated part of our communities.
Guidance on how to create pedestrian- and transit-supportive developments can be
found in several local documents, including: MTDB's Designing For Trensit manual;
the San Diego Association of Governments' (SANDAG's) Land Use Distribution
Element of the Regional Growth Management Stretegy; the Air Pollution Control
District's Tools For Reducing Vehicle Trips Through Land Use Design document; and
the City of San Diego's Trensit-Oriented Development Design Guidelines.
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POLICY:
It is the policy of MTDB to work closely with the agencies in our area of jurisdiction
in the planning and implementation of pedestrian- and transit-oriented developments
in accordance with the guidelines referenced above. At the neighborhood level,
transit-oriented development (TOD) can make transit convenient and usable to more
people. At a regional level, the strategic application of TOD principles will help
support an efficient and effective transit system. It will also assist in regional
efforts to reduce traffic congestion, improve air quality, preserve open space,
provide housing, and create walkable communities.
PROCEDURES:
MTDB will work with the agencies to promote pedestrian- and transit-oriented
development-instead of auto-dominated development-through the following
actions:
1. Long-Range Planning. General, community, redevelopment, specific, and
other long-range plans adopted by the cities, the County of San Diego, and
other government agencies set the policies that are implemented through
codes, standards, projects, and programs. It is essential that transit be
addressed as an integral component of all major planning and policy
initiatives at this level.
2. Development Proiect Review. Policies are implemented through public and
private development projects. MTDB and the agencies should be partners in
striving to achieve excellence in transit-oriented design.
3. Zoning and Street Design Manual Updates. Zoning codes and street design
manuals set the framework for how development will occur. These codes
and manuals should have the flexibility to facilitate transit-oriented
development.
4. Riaht-of-Wav Protection and ACQuisttion. Right-of-way for transit operations
cen be secured end protected through the lend development process. This
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requires action by each of the agencies. As congestion increases, the need
for separate 'and priority right-of-way treatments for bus and rail projects will
become increasingly important.
5. Funding of Pedestrian- and Transit-Oriented Development projects and
Transit Facilities, Vehicles, and Services.
A. Transi1 should be recognized as an essential public service, similar to
other elements of municipal infrastructure. MTDB will work with the
cities, the County of San Diego, and other agencies to strive to obtain
transit operations and facilities funding from a variety of sources.
B. MTDB will work with the cities, the County of San Diego, and other
agencies to seek funding for transit-oriented development planning
and projects from a variety of sources.
C. Þ1Tt'i ""ill giug RiBl:Igr prhuit·; tv tJ;9Anit i",prg"DAQ~Rt fYRdiR8 iR
axi&tiR8 DRd R9'" ggmmtlRithu; t~gt lUg dvoigRa" as traA&it VrhJRtvd
"g"glgpm~RtG To encourage higher productivity of its resources,
MTDB will consider transit-friendly community design as an important
factor in evaluating the allocation of transit improvement funding.
D. MTDB will work with the agencies to optimize and leverage any local
funds with available discretionary transi1 funding.
6. Education and Outreach. A public information program will be implemented
to establish an ongoing dialog on transit and transit-oriented development
.
issues.
7. Formal Agreements. The factors stated above will be refined and adoPted
through agreements between MTDB and each of the relevant agencies in its
service area.
psmith/BWashi
POL#-TRLUCOOR.NBRAGA - 6/30/99
Original Policy Accepted on )q-/(
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.__m ---------...-
DRAFT Att_ C. AI 31. 7/8/99. ADM 110.2
MEMORANDUM OF UNDERSTANDING BETWEEN CITY/COUNTY/AGENCY
AND THE SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB)
FOR TRANSIT/LAND USE PLANNING COORDINATION
WHEREAS, land use planning is the responsibility of individual local government agencies,
and MTDB has a stake in the shape of future development in the region and in the redevelopment
of existing urban neighborhoods; and
WHEREAS, sprawled development patterns and auto-oriented site designs are difficult and
costly to serve by transit. Conversely, neighborhoods designed to facilitate walking and bicycling
will reduce auto dependence, make transit use easier, and lead to better communities; and
WHEREAS, the cooperation and assistance of the cities in the region, the County of
San Diego, and other government agencies with land development authority are required to
provide an efficient and effective transit system; and
WHEREAS, MTDB desires to work with the agenciel; in its area of jurisdiction in order to
interrelate and coordinate land use and transit planning in all immediate-action, short-range, and
long-range plans; NOW THEREFORE
In consideration of the foregoing, the parties agree as follows:
1. The City/County/Agency will regard transit as an integral component of all major planning
studies and programs.
2. The City/County/Agency will depict existing and proposed transit corridors and centers in
long-range plans. Land use, development intensity, and transit-oriented design
recommendations will be incorporated into the long-range plans to reinforce the use and
effectiveness of these identified transit corridors.
3. The City/County/Agency will include MTDB in the project review process at an earty stage,
similar to review procedures established for other public agencies such as school and water
districts. MTDB and the City/County/Agency will develop a ·transit checklist,· or other
project review materials, to raise awareness of transit issues and outline the scope of
MTDB's review.
4. MTDB will provide a response to the City/County/Agency on project review within the
City/County/Agency established allotted time frame. The City/County/Agency shall include
MTDB's comments into the formal record of the project and forward such comments to the
municipal project decision-maker.
5. The City/County/Agency will identify a planning staff member who would include transit
liaison as part of his or her job responsibilities. This staff person would oversee and
monitor the MTDB review process.
6. The City/County/Agency will include transit- and pedestrian- and bicycle-oriented design
standards in its zoning code and street design manual.
7. The City/County/Agency will locate public facilities and services such as schools, libraries,
government offices, parks, and recreation centers in transit-oriented, mixed-use
neighborhoods whenever possible to provide a transit travel option for patrons and to
strengthen the sense of community.
Jq-/:;.. -
C-l
. -~-_. -----_._---~ -_.,~.
8. MTDB and the City/County/Agency will work cooperatively in the planning of regional
institutions and infrastructure, and on issues of regional importance.
9. ~~TDi ....ill Si..g RigRvr ~riQrit·/ t9 traRGit h:t:lfðrg"gR'UU;(1t fWR;iRg iR 9MiGtiRi tnu:u;it fritrRgly
Yrb9~ tlrg~U~ tHui ¡... RQU' t'gA:U¥'I"~itig& tRAt tU;g 1ihu~i3 :urg ~1j traq1jit grigRto'il "g"gIVfJ~9RtG.
To encouraç e hiç her productivity of its resources, MTDB shall consider transit-friendly
community design as an important factor in evaluating the allocation of transit
improvement funding.
10. The City/County/Agency will work with MTDB to secure and protect transit rights-of-way.
11. The City/County/Agency will recognize transit as an essential public service, similar to
other elements of municipal infrastructure, and will strive to obtain transit operations and
facilities funding from a variety of sources.
12. MTDB will work with the City/County/Agency to optimize and leverage any local funds
with available discretionary transit funding.
13. MTDB and the City/County/Agency will conduct an ongoing public information program on
the role of transit, and transit-oriented development. This program would include: annual
staff briefings, communications with elected officials, newsletter articles, information
materials, and presentations targeted to key professional, community, civic, and
environmental groups; and publicity for exemplary plans and projects.
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Understanding to be signed this day of 1999.
Approved: Approved:
General Manager Signatory
San Diego Metropolitan City/County/Agency
Transit Development Board
Approved as to form:
General Counsel Signatory
San Diego Metropolitan City/County/Agency
Transit Development Board
DGunn/KYarno/POLlCY 40
MOU- TRN-LUPLNG .NBRAGA
6/30/99
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_. _ __~_..._".,.,____...'_m____'__._ ...._____~___,______._.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA
AND THE METROPOLITAN TRANSIT DEVELOPMENT BOARD
REGARDING TRANSIT/LAND USE PLANNING
COORDINATION
WHEREAS, MTDB has been working with representative of
member cities and the County over the past several months to
determine ways in which transit and land use planning policies and
decisions can be better coordinated; and
WHEREAS, a proposed "Memorandum of Understanding" (MOU)
was approved by the MTDB board, and has been forwarded to the local
jurisdictions for review and possible adoption; and
WHEREAS, under the proposed "MOU", the City would agree
to allow the MTDB staff to review and comment on proposed local
plans and projects which may raise transit planning issues; and
WHEREAS, at the same time, MTDB would agree to consider
transit-friendly community design as an important factor in
evaluating the allocation of transit improvement funding.
NOW, THEREFORE, BE IT RESOLVED the City council of the
City of Chula vista does hereby approve a Memorandum of
Understanding between the City of Chula vista and the Metropolitan
Transit Development Board regarding Transit/Land Use Planning
Coordination, a copy of which shall be kept on file in the office
of the city Clerk.
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized and directed to execute the MOU on behalf of the City.
BE IT FURTHER RESOLVED that staff is hereby directed to
implement the provisions of the MOU.
Presented by Approved as to form by
Robert A. Leiter, Director of Q ~ ~}--J-~
John M. Kaheny, City At orney
Planning and Building
H;\home\attorney\reso\mtdb.mou
)9-/1
._-_.."'--".__._..__._--~-_.-
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF CHULA VISTA AND THE
SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT (MTDB)
FOR TRANSIT/LAND USE PLANNING COORDINATION
This Memorandum of Understanding ("MOU") is entered into by
and between the City of Chula vista ("City") and the Metropolitan
Transit Development ("MTDB") as of , 1999.
RECITALS
WHEREAS, land use planning is the responsibility of individual
local government agencies, and MTDB has a stake in the shape of
future development in the region and in the redevelopment of
existing urban neighborhoods; and
WHEREAS, sprawled development patterns and auto-oriented site
designs are difficult and costly to serve by transit. Conversely,
neighborhoods designed to facilitate walking and bicycling will
reduce auto dependence, make transit use easier, and lead to better
communities; and
WHEREAS, the cooperation and assistance of the cities in the
region, the County of San Diego, and other government agencies with
land development authority are required to provide an efficient and
effective transit system; and
WHEREAS, the city has historically worked closely with MTDB
and desires to continue to cooperate on transit-related planning
issues; and
WHEREAS, MTDB desired to work with the agencies in its area of
jurisdiction in order to interrelate and coordinate land use and
transit planning in all immediate-action, short-range, and long-
range plans.
NOW THEREFORE, in consideration of the above recitals and of
the mutual covenants hereinafter contained, the parties agree as
follows:
1. The City will regard transit as an integral component of
all major planning studies and programs.
2. The City will depict existing and proposed transit
corridors and centers in long-range plans. Land use, development
intensity, and transit-oriented design recommendations will be
incorporated into the long-range plans to reinforce the use and
effectiveness of these identified transit corridors.
1
/ -'
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------- ,-----..--....---. ~ .------.".- ------_.~
3. The City will include MTDB in the project review process
at an early stage, similar to review procedures established for
other public agencies such as school and water districts. MTDB and
the city will develop a "transit checklist," or other project
review materials, to raise awareness of transit issues and outline
the scope of MTDB's review.
4. MTDB will provide a response to the city on project review
within the City established allotted time frame. The City shall
include MTDB's comments into the formal record of the project and
forward such comments to the municipal project decision-maker.
5. The city will identify a planning staff member who would
include transit liaison as part of his or her job responsibilities.
This staff person would oversee and monitor the MTDB review
process.
6. The City will include transit, pedestrian and bicycle-
oriented design standards in its zoning code and street design
manual.
7. The City will locate public facilities and services such
as schools, libraries, government offices, parks, and recreation
centers in transit-oriented, mixed-use neighborhoods whenever
possible to provide a transit travel option for patrons and to
strengthen the sense of community.
8. MTDB and the City will work cooperatively in the planning
of regional institutions and infrastructure, and on issues of
regional importance.
9. To encourage higher productivity of its resources, MTDB
shall consider transit-friendly community design as an important
factor in evaluating the allocation of transit improvement funding.
10. The city will work with MTDB to secure and protect
transit right-of-way.
11. The City will recognize transit as an essential public
service, similar to other elements of municipal infrastructure, and
will strive to obtain transit operations and facilities funding
from a variety of sources.
12. MTDB will work with the city to optimize and leverage any
local funds with available discretionary transit funding.
13 . MTDB and the City will conduct an ongoing public
information program on the role of transit, and transit-oriented
development. This program would include: annual staff briefings,
communications with elected officials, newsletter articles,
information materials, and presentations targeted to key
2
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- -- ,---_._-----~_._...._--_...,-_.- --- _._------~--~-_..._----_.__."'-
professional, community, civic, and environmental groups; and
publicity for exemplary plans and projects.
14. This MOU is intended to implement policy directives aimed
at helping to strengthen transit and land use connections.
Notwithstanding anything contained in this MOU, failure to comply
with the provisions herein shall not be treated as a procedural or
legal defect and shall not preclude discretionary action on a
project.
IN WITNESS WHEREOF, the parties hereto have caused this
Memorandum of Understanding to be signed this day of _
, 1999.
THE CITY OF CHULA VISTA SAN DIEGO METROPOLITAN
TRANSIT DEVELOPMENT BOARD
Mayor of the city of Chula General Manager
vista
ATTEST Approved as to form:
Approved as to form
General Counsel
City Attorney
H:\home\attorney\agree\mtdb.mou
3
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._--_..~...,._"---,--"_._--_..._,- ---.. ----"..,..-----.- . -_.---------- ------
COUNCIL AGENDA STATEMENT
Item: J2()
Meeting Date: 12/14/99
ITEM TITLE: Resolution Approving amendments to the
sublease between the City of Chula Vista and House of Blues
Concerts, Inc relating to the Performing and Visual Arts Task
Force; the application and disbursement process of funds from a
portion of ticket sales at the Coors Amphitheater; the allocation
process for the Community Use Days; and authorizing staff to
prepare a formal amendment for execution by the Mayor; and
amending the FY 99/00 budget by appropriating unanticipated
revenue in the amount of $64,422 to the Library and Recreation
Department budget for expenditures associated with the
Performing and Visual Arts Fund
SUBMITTED BY: Library and Recreation Director ~
REVIEWED BY: City Manager~li- 0 p (4/Sth Vote: Yes ...x. No -->
K¿
In 1997, the City Council approved a Sublease with House of Blues Concerts, Inc. (formerly
Universal Concerts) which established a process whereby ticket sales proceeds at Coors
Amphitheater would be paid to the City and utilized for a Performing Arts Fund. In addition, the
City was granted a license to use the amphitheater facility for eighteen (18) calendar days per
year. In February 1999, a Task Force appointed by the Mayor began drafting criteria for the
allocation of the Performing Arts Fund and the Community Use Days, as well as a process to
administer these allocations. The Task Force has now completed these tasks.
STAFF RECOMMENDATION: That Council approve the resolution:
1. Approving the amendments to the sublease between the City of Chula Vista and House of
Blues Concerts, Inc. relating to the Performing and Visual Arts Task Force; and
2. Approving the application and disbursement process for granting of funds from a portion
ofthe ticket sales at Coors Amphitheater; and
3. Approving the allocation process for granting use of the amphitheater's Community Use
Days; and
4. Authorizing staffto prepare a formal amendment for execution by the Mayor; and
[H:\home\library\Al13\Peforming & Visual Arts Fund Process.doc-12/01/99)
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Item: _, Page 2
Meeting Date: 12/14/99
5. Amending the FY 99/00 budget by appropriating unanticipated revenue in the amount of
$64,422 to the Library and Recreation Department budget for expenditures associated
with the Performing Arts Fund.
BOARD/COMMISSION RECOMMENDATION: The Cultural Arts Commission approved
the allocation and disbursement plans proposed by the Task Force at their October II, 1999
meeting (ATTACHMENT A).
DISCUSSION:
THE EXISTING AGREEMENT
The Sublease (ATTACHMENT B) between the City and House of Blues Concerts, Inc. provides
for two important public benefits:
Performing Arts Fund
For each ticket sold to an event, which is promoted and presented by House of Blues Concerts,
the City assesses a fee to be used for performing arts in the City. This fee is assessed on a sliding
scale:
a. $0.15 per ticket for the first 100,000 tickets sold in each calendar year; and
b. $0.25 per ticket for the next 100,000 tickets sold in each calendar year; and
c. $0.35 per ticket for the next 100,000 tickets sold in each calendar year; and
d. $0.50 per ticket for all remaining tickets sold in each calendar year
The agreement calls for the funds to be administered by an advisory commission appointed by
the City Council, with final decisions concerning the use of the funds to be made by the City
Council, based upon recommendations of the commission. Finally, the agreement outlines that
the funds may be used only to underwrite the cost of performing fine arts presentations (i.e.
orchestral, symphonic or chamber music, opera, live theater and dance, as opposed to visual arts,
pop music or other purposes) conducted within the city limits of Chula Vista.
City's Use of the Amphitheater (Community Use Days)
The agreement provides the City with a license to use the amphitheater for up to eighteen (18)
days per calendar year. Use is limited to civic events, such as graduations, award ceremonies,
and religious services. The agreement precludes use of the amphitheater for events or activities
that are similar to, or competitive with, the types of activities normally conducted by House of
Blues Concerts, Inc.
[H:\home\library\Al13\Peforming & Visual Arts Fund Process.doc- 12/01/99]
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Item: _. Page 3
Meeting Date: 12/14/99
The agreement calls for the City to notify House of Blues at least sixty (60) days in advance of
its desired use ofthe amphitheater. Although rent will not be charged, the City (or any group
authorized by the City to use one of the eighteen days) must pay for all out-of-pocket expenses
incurred by House of Blues. Such expenses include, but are not limited to, janitorial, security,
medical, supervisory personnel, ushers, and utilities.
THE TASK FORCE (Advisorv Commission)
In late 1998, the following individuals were appointed to the advisory commission called for in
the agreement:
Mayor Shirley Horton
Scott Alevy, Member at Large
Bonnie Johnston, Chula Vista Elementary School representative
Nora McMartin, City staff representative
Larry Perondi , Sweetwater Union High School representative
Barry Russell, Southwestern College representative
David Smith, House of Blues Concerts representative
William Virchis, Cultural Arts Commission representative
Over the past year, Dr. Russell and Ms. Johnston have both resigned. Mr. Virchis now
represents both Southwestern College and the Cultural Arts Commission. An appointment to
replace Ms. Johnston is pending. Coors Amphitheater's General Manager Buck Martin has
replaced Mr. Smith as a voting member.
The Task Force began its work in February 1999, and discussed amendments to the agreement
with House of Blues Concerts, Inc.; the process for application and disbursement of monies ITom
the Performing Arts Fund, and recommendations pertaining to the Community Use Days.
TASK FORCE PROPOSED AMENDMENTS TO THE AGREEMENT
Performing Arts Fund
During the discussion regarding applicant eligibility and award criteria, the Task Force came to a
consensus on a number of issues outside of the perimeters of the existing agreement. They are:
· Visual arts should be eligible for funding; and
· Funds should be able to be used for scholarships to encourage the growth of local
talent; and
· The restriction on funding performances outside the City limits should be dropped.
This will allow local groups the opportunity to apply for travel stipends to perform
outside of Chula Vista. The Task Force further recommends that travel awards not
[H:\home\1ibrary\Al13\Peforming & Visual Arts Fund Process.doc-12/01/99]
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Item: _" Page 4
Meeting Date: 12/14/99
exceed $1,000 per request and that the total amount of travel monies awarded not
exceed 10% of the total PerfonninglVisual Arts Fund budget. Any group or
. individual awarded travel money must agree to conduct one ftee perfonnance/exhibit
within the City limits.
The Task Force also wished to further define "pop music" since the agreement prohibits funding
of such type of perfonnances. The new wording as proposed by House of Blues Concerts now
states:
Pop music, as defined for this purpose, would be limited to concerts or live
entertainment events or similar events, that would not be competitive with
the types of activities nonnally conducted by Universal Concerts.
Finally, the Task Force recommended that the advisory commission outlined in the original
agreement be renamed the "Perfonning and Visual Arts Task Force."
Community Use Days
The Task Force recommends that the Perfonning and Visual Arts Task Force be given the final
authority to approve the applications for use of the eighteen Community Days at the
amphitheater based upon applications received. As a result, these requests would not be
forwarded to the City Council for approval.
Legal and Contractual Issues
House of Blues Concerts' representative to the Task Force has agreed to these proposed
amendments to the original sublease. The City Attorney's Office has also reviewed these
proposed amendments. Originally the City Attorney's Office had expected to negotiate a single
purpose amendment related to the above changes. However, the House of Blues Concerts' Legal
Department would like to use the opportunity to make other pending amendment changes related
to a private sign and access encroachments on public right-of-way; and funding of enhanced
landscaping improvements on the Main Street median leading up to the amphitheater. These
changes are unrelated to the Perfonning and Visual Arts Task Force. An amendment which
fonnalizes the Task Force changes proposed in this item, and/or which addresses these other
pending issues will be presented for Council consideration at a later date.
The amendment changes proposed by the Perfonning and Visual Arts Task Force will not go
into effect until final ratification of all amendment changes by the House of Blues Concerts, Inc.
Therefore, all applicants for visual arts projects, scholarships and travel awards will not be
approved until final agreement has been reached by the House of Blues and the City of Chula
Vista. The proposed amendment to the sublease relating to the Perfonning and Visual Arts Task
Force are attached (ATTACHMENT C).
[H:\home\library\Al13\Peforming & Visual Arts Fund Process.doc-12101l99]
;}o - '-f
'.- .__._."--_...._-----,~-_..__.._..._- --- .-.- , ,,- -............- "" ."_...-._..~,,_."_._,_.- .. -.-,....--..."....---.-..---------,---.-
Item: _' page 5,
Meeting Date: 12/14/99
TASK FORCE RECOMMENDATIONS TO THE CITY COUNCIL
Criteria for the Allocation of the Performing Arts Fund
The Task Force recommends that the PerfonningNisual Arts Fund established by the sublease
between the City and House of Blues be annually re-granted through a fonnal application
process. The following groups and individuals shall be eligible to apply for funds:
· Chula Vista based tax-exempt, non-profit organizations
· Chula Vista based educational institutions
· Chula Vista based religious organizations
· Perfonnance groups associated with Chula Vista based educational institutions (i.e., the
Music Machine)
· The City of Chula Vista and its various departments and Boards and Commissions
· Individuals who reside in Chula Vista
For-profit organizations, institutions and businesses shall not be eligible to apply for funds.
Non-Chula Vista based non-profit organizations shall not be eligible to apply for funds.
However, they may partner with Chula Vista based organizations. For example, Sweetwater
Union High School District could apply for funds to present a concert by the San Diego
Symphony.
Individual Chula Vista residents (especially students) shall be eligible to apply, in an effort to
develop local talent.
Per the agreement, applicants may only apply for funds to underwrite the cost of presentations.
Funds shall not be awarded to establish an endowment or trust fund, for administrative costs, for
capital projects, for rent of perfonnance or office space, and/or for general operating expenses.
In order to facilitate the application process, an application fonn has been developed
(ATTACHMENT D). The simple fonn asks for general infonnation about the applicant
including history, mission, and goals of the organization or individual. The applicant is then
required to describe the project for which funds are being requested, including the type of
perfonnance or exhibition, proposed date(s), proposed venue(s), and the size and nature of the
intended audience. Finally the applicant must report the total projected cost, the anticipated
source of all revenues, and the amount of monies being requested from the Arts Fund.
Per the agreement, which calls for the Task Force to administer the Arts Fund, it is recommended
that the Task Force serve as the application review board. They will, after their deliberations,
make a fonnal recommendation to City Council for monetary awards to specific groups or
individuals. The City's Office of Cultural Arts (a division of the Library) will provide technical
and administrative support.
[H:\home\library\A113\Pefonning & Visual Arts Fund Process.doc- 12/01/99]
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^- -.._"--_._..._"._._--".._-,...------.-..__....._-_._-~---...-..- ~".._--_.,,~,._--,.__.,~._-----
Item: _. Page 6
Meeting Date: 12/14/99
The fonnal application process will be conducted once a year. The application process will
begin in early January, with grant awards being brought to City Council for final approval in late
February.
The Task Force requests that the FY 99/00 budget be amended to appropriate $63,032 in
proceeds from ticket sales at Coors Amphitheater to the Library and Recreation Department for
disbursement for grants awarded. Should all funds not be used in FY 99/00, the remaining funds
will be re-budgeted in FY 00/01. During the budget process each fiscal year, the Task Force will
make a request to the City Council for the appropriation and budgeting of future funds from
ticket sales for the grant allocation process.
Recommendations Pertaining to the Community Use Days
The Task Force recommends that the following groups be eligible to apply for use of the
amphitheater during the eighteen days per calendar year allowed for in the agreement:
· Chula Vista based non-profit groups and organizations
· Chula Vista based educational institutions
· Chula Vista based religious organizations
· The City of Chula Vista, its departments and Boards and Commissions
Priority will be given to those groups requesting dates for youth related and/or community arts
events. An application fonn to apply for Community Use Days at the amphitheater has been
developed (ATTACHMENT E).
FISCAL IMPACT: There is no General Fund impact related to this program. Per the
agreement, House of Blues Concerts, Inc. must pay the arts fund fee to the City on or before
February 15t of each calendar year. The City ofChula Vista received $28,518 from ticket sales in
1998 and will receive $35,904 prior to February I, 2000. The total amount from the two seasons
at the Coors Amphitheater is $64,422. The Task Force expects to generally award individual
grants in the $250 to $2,500 range. Funds not granted in a single fiscal year will be "carried
over" for use in the next fiscal year. The Task Force will request appropriation of future
expected revenue from ticket sales each year during the budget process.
Attachments: "A"- Minutes of the October II, 1999 Cultural Arts Commission meeting
~'B" - Sublease between the City of Chnla Vista and House of Blues Concerts, Inc.
"C"- Proposed amendments to the sublease
"D"- Application Form for Performing Arts Fund grant monies
"En. Application Form for Community Use Days
[H:\home\library\A113\Peforming & Visual Arts Fund Process.doc- 12/01/99]
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ATTACHMENT A
Page Two
C. the Perfonning & Visual Arts Task Force to the City Attorney who has forwarded them
to Coor's attorney. It was discussed that the Cultural Arts Commission will be eligible to
apply for grants through the grant's application process
D. Ric reported on the District Chair's Meeting, Culture Net (Cultural Internet Service)
developed by the California Arts Council, Getty Center and the California Assembly of
Local Arts Agencies
E. Ric discussed the purpose of the CALA Public Art Workshop and the importance of
having it held here for council and city management Included in the workshop will be
topics like: what is public art , why public art, developing a public arts program, and
creating a percent for funding the arts. Ric will work with CALA is setting up a date.
Hector discussed the October issue of San Diego Magazine that discusses using art as a
voice for border issues and funding. Commissioner Clement suggested that the
commissioners find out /Tom the Mayor and Council where they stand on the arts. The
basic role of the Commissioners is to serve as advocates. Each commissioner will be
asked to take on a leadership role in a specific area such as public art, festivals, cultural
tourism, arts as communication, border issues and art, art in education, business and art,
art and politics, etc. There needs to be a half -day workshop for these issues. It is a high
priority to create a cultural arts plan and public arts policy. Nora and Ric will work on
this. They will also work on a website for the CAe.
3. NEW BUSINESS
A. At the October 12"' Council meeting Carmen E. Quintal13 will be given the Oath of
Office for the Cultural Arts Commission. There will still be one vacancy on the
Commission
B. Elections were held. MSC (F1ach/Vanderpool) 5-0 that the current officers remain in
office (Chair/Gore, Vice-Chair/Clement)
C. The Office of Cultural Arts has been asked to work on public art for Olympic Parkway
and the Chula Vista Animal Shelter (there are no funds available for public art)
D. The Office of Cultural Arts will be taking over the direction of the Rosemary Lane
Galeria. Applications were reviewed and artists selected for exhibits on October 8th
E. The City of Chula Vista will be holding a Millennium Festival on December 4"' in
downtown Chula Vista. There will be a tree-lighting ceremony, crafts for children, music
and a Yule Parade. The Office of Cultural Arts will be responsible for decorating the
Millennium Tree and for two concerts to be held on 12/11 & 12/18 in the Memorial Bowl
F. MSC (Clement/Gore) 5-0 approval of the Performing & Visual Arts Task Force Bndget
Allocation Disbursement Plans
3. COMMITTEE REPORTS
A. Commissioner Flach has agreed to continue to help with the Gayle McCandliss Awards.
A meeting will be scheduled for Flach, McMartin & Todd to work on this
B. The Music Competition will be discussed at the next meeting. With the resignation of
Commissioner Russell, a new CAC liaison will be needed- the info needs to be ready by
February
4. STAFF REPORT
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ATTACHMENT B
SUBLEASE
, d - h' 4-fl
THIS SUBLEASE ~s ma e as or t ~s ~day of September,
1997 ("Effective Date") by and between the City of Chula Vista
( "Sublandlord" ) , and Universal Concerts, Inc, , a California
corporation formerly known as MCA Concerts, Inc. (" Subtenant") .
RECITALS
A. Los Alisos Company, a California general partnership
("Master Landlord") and Subtenant have entered into that certain
Ground Lease dated of even date herewith (the "Master Lease"),
for the lease by Master Landlord to Subtenant of certain real
property located in the City of Chula Vista, California and more
particularly described in the Master Lease (the "Leased
Premises") .
B. Pursuant to that certain Tri-Party Agreement dated of
even date herewith, by and among Master Landlord, Subtenant and
Sublandlord (the "Tri-party Agreement"), Subtenant has assigned
to Sub landlord and Sublandlord has accepted and assumed, all of
Subtenant's rights and obligations as Tenant under the Master
Lease, and Master Landlord has consented to such assignment and
assumption.
C. Sublandlord desires to sublease to Subtenant and
Subtenant desires to sublease from Sublandlord, the Leased
Premises upon and subject to the terms and conditions of this
Sublease.
D. Except as otherwise expressly provided þerein, all
capitalized terms used in this Sublease, but not otherwise
defined herein, shall have the same meanings given such terms in
the Master Lease.
NOW, THEREFORE, in consideration of the terms, covenants and
conditions set forth herein, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, Sublandlord and Subtenant agree as follows:
ARTICLE 1
DEMISE OF SUBLEASED PREMISES
Sublandlord hereby subleases to Subtenant, and Subtenant
hereby accepts the sublease from Sublandlord, of the Leased
Premises, upon and subject to the terms and conditions set forth
in this Sublease and the Tri-Party Agreement. Sublandlord
expressly acknowledges and agrees that the Leased' Premises
include the exclusive right to use and enjoy the benefit of, and
enforce I all easements and restrictive covenants which are
appurtenant to, run in favor of, or otherwise benefit the Site,
or any part thereof, and Sublandlord shall not modify, amend,
cancel or terminate any such easements or restrictive covenants
t: \jdemores\mca\sublease. 010 JO- J Cô9y';<2Ç
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ATTACHMENT B
Sl.:""3LEÞ..5E
THIS SUBLEASE is made as of this 4 -K. dav of September,
- .
1997 ("Effective Date") by and between the City of Chula Vista
( II Sublandlo=d 11 ) I and Universal Concerts, Inc. , a California
corporation £c=merly known as MCA Concerts, Inc. (II Subtenant II) .
RECITALS
A. Los Alisos Company, a California general partnership
("Master Landlordll) and Subtenant have entered into that certain
Ground Lease dated of even date herewith (the "Master Lease"),
for the lease by Master Landlord to Subtenant of certain reö.l
property located in the City of Chula Vista, California and more
particularly described in the Master Lease (the uLeased
premiseslI) .
B. ?:..:.rsuant to that certain Tri-Party Agreement dated of
even date herewith, by and among Master Landlord, Subtenant and
Sublandlor¿ (-che TlTri-parcy Agreeme~tl1), Subtenant has assigned
to Sublandlord and Sublandlord has accepted and assumed, all of
Subtenant's rights and obligations as Tenant under the Master
Lease, anè Master Landlord has consented to such assignment and
assumption.
C. Sublandlord desires to sublease to Subter,ant and
Subtenant desires to sublease from Sublandlord, the Leased
Premises upon and subject to the terms and conditions of this
Sublease.
D. Except as otherwise expressly provided þerein, all
capitalized terms used in this Sublease, but not otherwise
defined herein, shall have the same meanings given such terms in
the Master Lease.
NOW, Tl":EREFORE , in consideration of the terms, covenants aDd
conditions set forth herein, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, Sublandlord and Subtenant agree as follows:
ARTICLE 1
DEMISE OF SUBLEÞ~ED PREMISES
Sub landlord hereby subleases to Subtenant, and Subtenant
hereby accepts the sublease from Sublandlord, of the Leased
Premises, upon and subject to the terms and conditions set forth
in this Sublease and the Tri-Party Agreement. Sublandlord
expressly acknowledges and agrees that the Leaseà" Premises
include the exclusive right to use and enjoy the benefit of, and
enforce, all easements and restrictive covenants which are
appurtenant to, run in favor of, or otherwise benefit the Site,
or any part thereof, and Sublandlord shall not modify, amend,
cancel or terminate any such easements or restrictive covenants
t;\jdemores\mca\s~blease.01O ;;;Q-9 OJ9,y-.22.Ç
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without Subtenant's prior writte~ consent, which cor..se~t may be
withheld in Subtenant's sole and absolute discretion.
Sublandlo=d shall take all actions necessary to p=ese=ve the
Maste= Lease, and Sublandlord shall take no action which
interferes with or adversely affects Subtenant's use a!ld
e!ljoyme!lt of the Leased Premises or the operation of its business
thereon. Notwithstanding the fares-oing, the parties unàe~stand
ëiZ1¿ agree that Sublandlord can!lot contract away its la.wful
exercise of the police power. Such lawful exercise of
Sublandlord's police power shall not be prohibited by the terms
of this Sublease.
ARTICLE 2
TERM
The initial term of this Sublease ( II Sublease Initia.l Term")
shall comrne!lce on the commencement of the Initial Te:=m of the
Master Lease and shall expire one day prior to the expiration of
the Initial Term of the Master Lease. Subtenant shall have three
(3 ) separate options to extend the Sublease Initial Term for a
period of ten (10) years each (each, a "Sublease Exte:tlsion Term"
and collectively, the "Sublease Extension Terms") on the same
terms and conditions as provided in Section 2.4 of the Master
Lease, which terms and conditions -~Q hereby incorporated into,
Q--
and made a part of, this Sublease in full in accoråance with and
subject to the provisions of this Sublease. The "Sublease Term!!
shall mean the Sublease Initial Term, as extended by any
applicable Sublease Extension Terms. Notwithstanding any
contrary provision of Section 2.4 of the Master Lease, as
incorporated herein, each Sublease Extension Term shall commence
on the day following the expiration the Sublease Initial Term/ as
previously extended, and shall expire one (1) day prior to the
expiration of the corresponding Extension Term under the Master
Lease. In the event that Subtenant elects to exercise an option
to extend the Sublease Term pursuant to Section 2.4 of the Master
Lease, as incorporated herein, the!l Sublandlord agrees to timely
and p~operly exercise its corresponding option to extend the Term
of the Master Lease. Sublandlord agrees that Subtenant shall
have the right on behalf of Sublandlord to notify Master Landlord
of Sublandlord's exercise of each such applicable extension
option. Subtenant shall also have the right to terminate the
Sublease Term in accordance with the terms and provisions of
Sections 2.2 and 2.3 of the Master Lease, which Sections are
hereby incorporated into, and made a part of, this Sublease in
full in accordance with and subject to the provisions of the
Sublease. In the event that Subtenant elects to terminate this
Sublease prior to the "Sublease Rent Commencement Daten (as
defined below) pursuant to the provisions of Section 2.3 of the
Master Lease, as incorporated herein, and in response Sublandlord
terminates the Master Lease pursuant to such Section 2.3, then
Sublandlord shall not require Subtenant to perform any more
extensive Site restoration work under Section 2.3.5 of the Master
Lease, as incorporated herein, than required of Sublandlord by
Master Landlord under the Master Lease.
c; \jdemores\mca\sublease. 010 2 :J 0 ./ Ù
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Þ.RTICLE 3
SUBLEASE REN'I'
3.:1. Sublease Rent Commencement Date. For purposes of this
Lease, the "Sublease Rent Commencement Date" shall have the same
meaning as the "ReD.~ Commencement Date" under Section 3.1 of the
Master Lease, except that each reference to "Tena.ntll i:-, such
Section 3.:1. of the Master Lease shall mean and refe~ to the
"Subtenant.. "
3.2 Minimum Rent. Commencing on the Sublease Rent
Cornmencerne!lt Date and continuing during the Sublease Te1:"m,
Subte!lant ag:::-ees to pay Sublandlord "Sublease Minimum Rent" in an
amount eçual to the "Minimum Rent" described in Sectior.. 3.2 of
the Mas~e~ LeaSE. Sublandlord and Subtenant ag:!:"ee that the
Sublease Mi~imum Rent payable by Subtenant under this Sublease
shall be paid by Subtenant directly to Master Landlord and be
a?~lied against Sublandlord's Minimum Rent obligations under
Section 3.2 of the Master Lease. The Sublease Minimum Rent
payable by Subtenan= shall otherwise be payable -~ the same times
"'~
and in the same manner as provided i" Section 3.2 of the Master
Lease.
3.3 ParticiDation Rent. In addition to the Sublease
Minimum Rent payable by Subtena"t pu:::-suant to Section 3.2 above
and the "City Special J:tssessment" payable by Subtenant pursuant
to See-tioD. 3.4 below, Subtenant shall pay II Sublease Participation
Rent II in the same amounts and at the same time as the
"Participation Rent" payable by Sublandlord to Master Landlord
under Section 3.3 of the Master Lease. For purposes of the
immedia~ely preceding sentence, all refe.:::-ences in Section 3.3 of
the Master Lease to II Landlo:r-å,II "La:rr¿lord's/" I1Tenant,n and
"Tenant/sit shall mean and refer to "Sublandlord, "
IISublandlorå's,1I USubtenantn and "Subte:rraTIt's/fI respeç~ively.
Sublandlo:::-d and Subtenant agree that the Sublease ParticiDation
Rent payë.ble by Subte!lë.nt he:r-eunàer shall be paid by Subtënant
directly to Master Landlord and be applied against the
Sublandlord's Participation Rent obligations under Section 3.3 of
the Master Lease.
.-
3.4 Citv S-oecial Assessme"t. In addition to Sublease
Minimum Rent and Sublease Participation Rent, Subtenant agrees to
collect ë. "City Special Assessment" in an amount determined by
Subtenant from time to time, but not less than three percent (3%)
or more than six pe:::-cent (6%) of the "Net Ticket Revenues!!
generated from the operation of an amphitheater at the Leased
p . and to pay a portion of such City Speciál Assessment to
.. rem~ses / Sublandlord as additional rent, all as provided in this paragraph
3.4.
3.4.1 Subtenant shall endeavor to charge and
collect the City Special Assessment on a per-ticket basis, but if
Subtenant determines, due to market constraints or artist
~;\jdemores\mca\sublease.D1D 3 (.) () -j I
.....--.-.- - ..._--....-..._-----_._..~.__.__.- -_.~---- _.~.- ...........------. ~._._--_._"-_.-.."------'----~.._..
complaints, that it is unable to charge and collect such amou~t
on a per-ticket basis, Subtenant shall nonetheless remain
obligated to pay Sub landlord the amount described i~ paragrap~
3.4.5, below as additional rent. If Subtenant is precluàed f~8m
collecting the portion of the City Special Assessment Davable to
Sublandlord hereunder as a result of legal proceedings initiated
by a third party or a statutory prohibition, then the provisions
0= paragraph 11.1 of the Tri-Farty Agreement shall apply.
3.4.2 For purposes of this Sublease, the term "Net
Ticket Reve!:.ues" means (a) the gross cash receipts from all paid
admissions from ticket sales or entry fees, including parking
charges, minu~ (b) ticket returns, commissions on sales paid to
third parties, credit card charges on sales, credit card charge-
backs, discounts from face value, and rebatesr minus (c) excise,
sales, ticket or other forms of taxes (excluding income taxes),
and assessments imposed on the revenues described in clause (a)
above, minus (d) facility fees or surcharges added to the face
value of the ticket and imposeà on the revenues desc=ibed in
clause (a), above, and minus (e) the City Special Assessment.
Subtenant ag~ees that any discount, rebate, facility fee or
surcharge it applies will be applied for a legitimate business
purpose as opposed to for the purpose of reducing the amount of
the portion of the City Special Assessment payable to
Sublandlord.
3.4.3 For purposes of this Sublease, the term
"Subtenant's Development Fees" means all development impact fees,
traffic signal fees, sewer capacity fees, water district fees,
public facilities development impact fees, building permit fees,
permit fees, inspection fees, application fees, school fees and
other similar fees paid by Subtenant to the City of Chula Vista,
the City of San Diego (including without limitation Otay Mesa
Development Impact fees), or any school district, water district
or other governmental or quasi-governmental agency in connection
with Subtenant's construction of an amphitheater and associated
improvements on the Leased Premises.
3.4.4 For purposes of this Sublease, the term
"Prime Rate" means the rate published from time to time in the
Western Edition of the Wall Street Journal under the heading
"Prime Rate" in the section entitled "Money Rate," and if more
than one rate is listed under the heading "Prime Rate," then the
highest rate listed.
3.4.5 A portion of the City Special Assessment
collected by Subtenant shall be paid to Sublandlord as additional
rent, and a portion shall be credited to Subtenant, as follows:
3.4.5.1 Until such time as Subtenant has
recovered, pursuant to this paragraph, an amount equal to
all of Subt~nant's Development Fees, together with interest
thereon from the date paid at the Prime Rate plus two
percent per annum, the portion of the City Special
" '10-lr
~ \jde~ares\mca\sublease.010 - C7
-- ----".._-_.~.~---_._-_._._--,_._-,_.
Assessment payable to Sublandlord shall be: (a) 3.0% of Net
Ticket Revenues with respect to the first 400,000 paid
aàmissions in any calenàår year; (b) 3.5% of Net Ticket
Revenues with respect to the next 100,000 paid aàmissions in
any calendar year; and (c) 4.0% of Net Ticket Revenues with
respect to paid admissions in excess of 500,000 in any
calendar year. The balance of the City Special Assessment
(if any) shall be retained by Subtenant.
3.4.5.2 Thereafter, subject to the
provisions of paragraph 3.4.5.3, the City Special Assessment
shall be reduced to: (a) 3.0% of Net Ticket Revenues with
respect to the first 400,000 paid admissions in any calendar
year; (b) 3.5% of Ket Ticket Revenues with respect to the
next 100,000 paid admissions in any calendar year; and (c)
4.0% of Net Ticket Revenues with respect to paid admissions
in excess of 500,000 in any calendar· year, añd the entire
City Special Assessment shall be payable to Sublandlord.
3.4.5.3 In addition to the foregoing
provisions of this paragraph 3.4, if at any time Subtenant
is =equired to pay, pursuant to the provisions of
Conditional Use Permit No. PCC-95-47, costs related to
monitoring or mitigation of sound impacts of the
amphitheater, the City Special Assessment may be as much as
six percent (6.0%) of Net Ticket Revenues, and the portion
(if any) of the City Special Þ~sessment collected by
Subtenant that exceeds the portion thereof payable to
Sublandlord as provided in paragraphs 3.4.5.1 and 3.4.5.2
may be retained by Subtenant until such time as Subtenant
has recovered an amOQ~t equal to such monitoring and
mitigation expenses, together with interest thereon from the
date paid at the Prime Rate plus two percent per arrnum.
3.4.5.4 The portion of the City Special
Assessment that may be retained by Subtenant shall not
exceed 3.0% of Net Ticket Revenues for any single artist or
event, and in any calendar year shall not exceed an average
of 2.0% of Net Ticket Revenues.
3.4.6 On or before December 31 of each calendar
year during the term of this Sublease, Subtenant shall pay to
Sublandlord the portion of the City Special Assessment for such
calendar year that is payable to Sublandlord. Said payment shall
be accompanied by a written statement certified by a financial
officer of Subtenant showing in reasonable detail the Net Ticket
Revenues derived from amphitheater operations at the Leased
Premises for the preceding calendar year, the caiculation of the
City Special Assessment based thereon, and the calculation of the
portion of the City Special Assessment to be paid to Sublandlord
and the portion thereof to be retained by Subtenant. In
addition, Subtenant shall submit to Sublandlord, on or before
April 30, July 31 and October 31 of each calendar year, a report
estimating the portion of the City Special Assessment that will
Iì 0/( "2
t:\jdemcres\mca\sublease.DlO 5 ¿;1: - ,~:;;;
---- - - --.---.----.....-........- ,----_._-_.__._"~
___________u._.__.._
be payable to Sublandlord with respect to the preceding calendar
qua.rter.
3.4.7 Subtenant shall keeD comDlete and accu~ate
books of account and records from which-Subtenant's Develo;ment
Fees and Subtenant's Net Ticket Revenues from the Leased Premises
can be dete=mine¿. Subtenant shall keep for at least th~ee years
following the end of each calendar year all pertinent original
books and records.
3.4.8 The acceptance by Sublandlord of payments of
the City Special Assessment shall be without prejudice to
Sublandlord's right to an examination of Subtenant's books and
records maintained with respect to the calculation thereof in
order to verify the amount of Subtenant's Net Ticket Revenues.
At any reasonable time within three yea~s after receipt of any
statement furnished it by Subtenant as provided in paragraph
3.4.5, above, and upon ten (10) days' prior written notice to
Subtenant, Sublandlord may cause a special audit to be made of
Subtenant's books and records relating to the calculation of the
City Special Assessment for the period covered by such statement.
Such audit shall be conducted during regular business hours and
otherwise in such a manner as to avoid disruption of Subtenant's
operations. Except as provided in paragraph 3.4.9, below, the
cost of such audit shall be paid by Sublandlord.
3.4.9 If it shall be determined that there has been
an error in the payment of the portion of the City Special
Assessment payable to Sublandlord, then a reconciling payment or
credit shall be made. If it is determined that the error
exceeded three percent (3.0%) of the City Special Assessment for
the period covered by the audit, and if such error was to the
disadvantage of Sublandlord, then Subtenant shall also pay to
Sublandlord the cost of the audit. Each statement of Net Ticket
Revenues submitted by Subtenant shall become binding upon
Sublandlord three years after delivery thereof to Sublandlord
unless within such three years Sublandlord shall cause such
special audit to be commenced.
3.5 Net Charaes. Subtenant shall also be responsible for
the payment of all "Net Charges" described in the Master Lease,
as if all references to "Tenant" in those provisions of the
Master Lease pertaining to the payment of Net Charges referred to
IISubtenant.1I
ARTICLE 4
MASTER LEASE
4.1 General. Except to the extent of any inconsistency
with any term or provision of this Sublease or the Tri-party
Agree!11ent, the covenants, agreements, terms, provisions,
representations, warranties and conditions of the Master Lease
are made a part of and incorporated into this Sublease as if set
forth herein in full; provided that, for purposes of this
", 0 - It!
t.:\jdemcr~s\mc:a\sublease.010 6 c;T' I··
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Sublease, wherever in the Master Lease the word "Landlord" or
"Landlord's" is used such references shall herein be deemed to
mean IISublanãlordll or IISublandlord's," as applicable, and
wherever in the Master Lease the word "Tenant" or UTenant's!! :.s
used, such references shall be deemed to mean "Subtenant" or
"Subtenar2t/s,1I as applicable; and provided further, wherever the
te=m "Lease" is used in the Master Lease, such reference shall be
deemed to mean this "Sublease." As between Sublandlord and
Subtenant, in the event of a conflict among the terms of the
Master Lease, the terms of this Sublease, and/or the terms of the
Tri-Party Agreement, the Tri-Party Agreement shall control over
both the Master Lease and this Sublease, and this Sublease shall
control over the Master Lease.
4.2 Variations From Master Lease. In addition to the
general modifications set forth in Section 4.1, above, the
following modifications to the Master Lease shall be made for
purposes of incorporating the terms and provisions of the Master
Lease into this Sublease:
4.2.1 All references in the Master Lease to "Re~t
Comme!1ceme:::..t Datell shall mean and refe:::- to the IISublease Rent
Commencement Date. II
4.2.2 All references in the Master Lease to
IIInitial Term" and "Term II shall mean and re£er to the IISublease
Initial Te::m" and "Sublease Te:::1Il¡1I respectively.
4.2.3 All references in the Master Lease to the
"Expiration Datell shall mean and refer to the last day of the
Sublease Term.
4.2.4 All references in the Master Lease to the
terms IIRental" or IIRentU shall mean and re:fer to I1Sublease
Minimum Rent," IISublease Pa.rticipation Rent," IICity Special
Assessment" and "Net Charges" payable unåer this Sublease.
4.2.5 All references in Sections 9.1 (Tenant's
Coverage During Construction of Improvements), 9.2 (Tenant's
Coverage After Completion of Construction of Improvements) and
9.3 (Terms of policies) of the Master Lease to "Landlorå" shall
mean and refer to both "Master Landlord and Sublandlord."
4.2.6 Subject to the provisions of paragraph 24 of
the Tri-Party Agreement and to Article 12 of this Sublease, each
reference to "Landlord" in each of clauses (i) (I) and (i) (II) of
Section 9.6 (Indemnity) of the Master Lease shalf. mean and refer
to "Master Landlord or Sublandlord."
4.3 Provisions of Master Lease Not Incorcorated into
Sublease. Notwithstanding any contrary provision of this Article
4, the following provisions of the Master Lease shall not be
incorporated into this Sublease:
~:\jdemore:s\mc:a\suble:ase.D10 7 ~O - /5-
_____..~___~_~__~___ ........___ _____.._~.__.__.m...___ _ .___.__~_____..__.~___.~..._
......_ .a,_.. ..'_.__.___..
4.3.1 Section 1.1 (Demise of Leased Prem~ses) and
Section 1.2 (Possession) ;
4.3.2 The fi=st se~te~çe of Section ll.6
(Landlord's Obligations);
4.3.3 Article 8 (Representations and Warranties) i
4.3.4 Article 10 (Landlord's Insurance);
4.3.5 Article 14 (Cooperation) ;
4.3.6 Article 21 (Notices) ;
4.3.7 Þ..=ticle 34 (Brokers) ; anà
4.3.8 Þ_=ticle 46 (Noncompetition)
A..'<.TICLE 5
IMPLEMENTATION OF ~~TER LEÞ~E AND SUBLEASE
5.1 Amenàrnent of Master Lease. Sublandlorà shall not amend
or mo¿ify the Master Lease without first obtaining the written
consent of Subtenant, which consent may be withhelà by Subtenant
in its sole and absolute discretion.
5.2 Performance bv Sublandlord of its Oblicrations Unàer
Master Lease and Sublease.
5.2.1 Sublandlord hereby covenants anà agrees that
Sublandlord shall faithfully perform and discharge its
obligations unàer the Master Lease, anà take all actions
reasonably necessary to preserve the Master Lease. Sublanàlord
agrees to inàemnify, defend and hold Subtenant harmless from and
against any claim, loss, àamage, cost, liability, charge or
experlse., which Subtenant may sustain or incur, or which may be
brought against Subtenant by reason of any default or breach by
Sublandlord of its obligations under the Master Lease; provided,
however I Sublandlord shall not be liable to Subtenant for any
defaults bv Sublandlorà unàer the Master Lease to the extent
caused by ~ default by Subtenant of its obligations under this
Sublease or the Tri-Party Agreement.
5.2.2 If Sublanàlord shall be in breach or default
under the Master Lease, Subtenant may (but shall not be obligated
to) cure the same, at the expense of Sublandlord, .in accordance
with and subject to the provisions of, Article 41 of the Master
Lease as incorporated herein pursuant to Article 4 of this
Sublease. This Subsection 5.2.2 is subject to Subsection 5.2.1
above anà nothing in this Subsection 5.2.2 shall be construed so
as to render Sublandlord liable to Subtenant for any defaults by
Sublandlord under the Master Lease to the extent caused by a
'J{)./!~
~:\jde~~res\mca\s~blease.01O 8 C . 'f.
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àefault by Subte~ant under this Sublease or the Tri-party
Agreement.
5.2.3 Not~ithstanding any provision of this
Sublease to the contrary, Subtenant agrees that Sublandlord shall
.not be liable to Subtenant for any breaches or defaults in the
perfo=mance bv Sublanàlord of its obliaations under this Sub~ease
to the extent'that the performance by Šublandlord of its
obligations under this Sublease (i) is åependent upon the
performance by Master Landlord of Master Landlord's obligations
under the Master Lease or the Tri-Party Agreement, and
(ii) Sublandlord's default hereunder is caused by a default by
Master Landlord of its obligations under the Master Lease or the
Tri-party Agreement. Sublandlord agrees that Subtenant shall
have the sole and exclusive right on behalf of Sublandlord to
enforce any and all of Sublandlord's rights and remedies against
Master Landlord under the Master Lease in connection with any
such breach or default by Master Landlord.
5.3 Approvals and Consents.
5.3.1 Whenever in this Sublease the Subtenant is
reauire¿ to obtain the consent or approval of Subla~dlor¿, and
Sublan¿lorå is recruired to obtain the consent or 2DDroval of
Master Landlord uñder the Master Lease with respect-to the same
matter, then Sublandlord agrees that Subtenant shall have the
right to submit such matter directly to the Master Landlord for
its consent or approval and if the Master Landlord consents or
gives its approval to such matter, then Sublandlord shall
conclusively be deemed to have given its consent or approval to
the same matter.
5.3.2 Whenever in the Master Lease the Sublandlord,
as tenant, has the right to consent to or approve a~y matter,
Sublandlord acrees that Subtenant shall have the richt to
resDond, on b~half of the Sublandlord, directly to the Master
, '
Landlord with respect to such request, a~d Subtenant's yesponse
to Master Landlord shall be conclusively deemed to be the
response of Sublandlord.
5.4 No Assianment bv Sub1andlord. Notwithstanding any
contr~ry provision of the Master Lease or this Sublease,
Sublandlord shall have no right to assign, transfer, hypothecate
or encumber its interest in the Master Lease and this Sublease,
or either of them, without first obtaining the prior written
consent of Subtenant, which consent Subtenant may withhold in its
sole and absolute discretion.
,-
5.5 Abatement of Pent. Sublandlord agrees that if
Sublandlord shall be entitled under the Master Lease to abate any
payment of Rent or other payment due under the Master Lease, then
the corresponding payment due under this Sublease shall likewise
be abated during the period and to the extent of such abatement
under the Master Lease. To the extent requested in writing by
/).~ '~7
r.;\jdemores\mca\sublea.se:.010 9 V U _it .
--,---_._,._._-----~--_._-~.._. -------
Subtenant, and at Subtenant's sole cost, Sublan¿lord agrees to
p~ese~ve, pu~sue and enforce all of its rights under the Maste~
Lease to a~ate Rent. Notwithstanding the foregoing, in no event
shall any a~aternent of rent under this paragraph have the effect
of abëti~s any City Special Assessment or performing arts fund
fee payable to Su~landlo~d pursuant to paragraphs 3.4.5 and 11.7
hereof.
5.5 Sublandlord's Ricrht To Terminate. Sublandlord shall
not eDter in~o any agreement with Master Landlord to terminate
the Master Lease unless Subtenant shall have first terminated
this Sublease. Sublandlord shall not have the right to terminate
this Sublease pursuant to any of the provisions of the Master
Lease which are incorporated into this Sublease unless Master
Landlo~¿ concurrently exercises its right to terminate the Master
Lease. Moreover, Sublandlord agrees that Sublandlord shall not
exe=cise any right to terminate the Master Lease pursuant to its
rights as Tenant under such Master Lease (including, without
limit~ticn, the termination rights set forth in Sections 2.2, 2.3
and 18.3 and Articles 16 and 28 of the Master Lease) unless
Subtenant first exercises its right to terminate this Sublease
pursuarr~ to such provisions, as incorporated herein. In the
event Subtenant terminates this Sublease after October 31, 1997
but prior to the earlier to occur of (a) the tenth anniversary of
the commencement of the Initial Term of the Master Lease, or (b)
the date on which Sublandlord has been paid $500,000 in City
Special Assessments pursuant to paragraph 3.4 hereof, Subtenant
shall pay to Sublandlord a termination fee in an amount equal to
the difference between $500,000 and the amount of City Special
Assessments that have been paid to Sublandlord. In the event
Subtenant terminates this Sublease on or before October 31, 1997,
Subtenant shall have no obligation to pay the foregoing
termination fee. In addition, upon termination of this Sublease
by Subtenant, Subtenant shall pay to Sublandlord any outstanding
installments of the portion of Subtenant's Development Fees the
payment of which has been deferred pursuant to paragraph 11.6,
below, tocrether with interest in an amount ecrual to (i) 6.0% oer
annum on the deferred portion of Subtenant's·Development Fees·
from time to time remaining unpaid, minus (ii) the amount of City
Special Assessments in excess of $500,000 that have been paid to
Sublandlord (but in no event less than zero) .
5.7 Notices. Sublandlord agrees to immediately give
Subtenant a copy of each and every notice, statement and other
written communication that it may give to Master Landlord
pursuant to any term or provision of the Master Lease.
ARTICLE 6
IMPROVEMENTS
Sublandlord and Subtenant acknowledge and agree that
Subtenant shall own the Improvements constructed by Subtenant on
the Leased Premises pursuant to the provisions of Article 5 of
,
t.:\jåemc:"~s\mça\sublease.OlO 10 J - 1
-------------- ------------,--~---------~-_.._.._--_._--_.
the Mastey Lease, as incorporated herein, and Su~landlord and
Subtenant's rights and obligations respecting such Improvements
shall be as set forth in such þ.zt.icle 5 of the Master Lease, as
incorporated pursuant to the provisions of Þ.rticle 4 of this
Sublease. At the expiration 0= earlier termination of the
Sublease Term, Subtenant shall surrender the Lease¿ Premises to
Sublandlord in the condition =equireà unàe~ Article 39 of the
Master Lease, as modified to the extent applicable by Section 2.3
of the Master Lease, all as incorporated herein pursuant to
Article 4 of this Sublease.
ARTICLE 7
REPRESENTATIONS Þ~ WA-~~~TIES
7.1 Sublandlord's ReDresentations ~~d Warranties.
Sublandlord represents and Warrfu""lts to TenaDt as follows:
7.1.1 Sublandlord has the power and authority to
own its leasehold interest in the Leased Premises and to
consummate the transaction contemplated by this Sublease. By
executing this Sublease, each person executing this Sublease on
behalf of Sublanàlorà represents anà wa::-rants tha".: they have the
power and authority to act on behalf of Sublandlord and that
their execution of this Sublease on behali of Sèlanàlorà has
been authorized by appropriate action.
7.1. 2 This Sublease and all docume~ts executed and
delivered in connection herewith are and shall be valid, legally
binding obligations of and enforceable against Sublandlord in
accordance with their terms.
7.1. 3 Neither the execution and delivery of this
Sublease nor the incu==ence by the Su~landlord of its obligatior~s
hereunder conflict with 0= result in a breach of any terms,
covenants or provisions of, or constitute a default under, any
contract, mortgage, deed of tro..lst., loan, ag=eemer:~ or instrument.
to which Sublandlord may be a party, or unde~ any st.atute,
ordinance, code, regulation or other law to which Sublandlord may
be subject.
7.1. 4 Þ_s of the Effective Date Sublandlord has not
assigned, subleased, hypothecated or otherwise encumbered its
leasehold title to the Leased Premises under the Master Lease.
7.1. 5 Sublandlord has obtained all consents and
approvals required for Sublandlord to enter into this Sublease.
7.2 Subtenant's ReDresentations And warranties. Subtenant
represents and warrants to Sublandlord as follows:
7.2.1 Subtenant is a co~oration duly formed and
existing in good standing under the laws of the State of
California, has the power and authority to consummate the
transaction contemplated by this Sublease, and its execution of
".
c:\jd~mcr~s\mca\suble&se.01O 11 i) J - ! ?
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---~_..,.- ...._.~._ .w· _..____._ ---.--------..- --..- -.....-..- ------~-_._._"._---------------_._---
this Sublease has been authorized by appropriate corporate
action.
í.2.2 This Sublease and all documents executeà and
¿elive=e¿ in connection herewith are and shall be valid, legally
binding obligations of and enforceable against Subtenant in
accordance with their terms.
7.2.3 Neither the execution and delivery of this
Sublease nor the incurrence by the Subtenant of its obligations
hereunde:=-, conflict with or result in a breach of any terms,
covenant:s or provisions of, or constitute a default under, any
contract, mortgage, deed of trust, loan, or other agreement or
instrument to which Subtenant is a party.
7.2.4 Subtenant has obtained all consents and
approvals required for Subtenant to enter into this Sublease.
ARTICLE 8
NOTICES
Wherever in this Sublease it shall be required or permitted
that notice be given, such notice shall be in writing and shall
be deemed to have been duly given if sent by certified mail,
return receipt requested, personal delivery or recognized
overnight courier service to the address set forth below, or to
such other address as may be provided in writing from time to
time:
If to Sublandlord:
City of Chula Vista
276 Fourth Avenue
Chula Vista, c.r.. 91910
Attention: City Manager
With a copy to:
City of Chula Vista
276 Fourth Avenue
Chula Vista, c.r.. 91910
Þ.ttention: City Þ.ttorney
With a copy to:
City of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
Þ.t tention: Director of Community Development
t;\Jdemores\mca\sublease.o:a 12 /)0 -,)0
~... --_..---.." .-.. .'. .'.-.--.-.----.-.---,,-.-- -.""
If to Subtenant:
Universal Concerts, Inc.
100 Universal City Plaza
Universal City, CA 91608
Attn. : Jay Marciano
With a copy to:
Universal Concerts, Inc.
100 Universal City Plaza
Universal City, CA 91608
Attn. : Adam Friedman, Esq.
Notices shall be effective on the next business - f' 11 . its
aay _O_....OWJ...Dg
actual delivery to the address specified above.
Þ.RTICLE 9
BROKERS
O~her than any commission which may be owed to BitterliL
Compan.ies, :nc" which commission shall be payable by Mas-cer
Landlord pursuant to a separate ~greement between Master ~andlord
and Bitterlin Companies, Inc. , each party represents and war::-ants
that no real estate broker has represented or will represent it
in this transaction and that no broker's or finder's fees have
been earned by a third party. Each party shall indemnify, defend
and hold harmless the other party from and against all claims,
liabilities, damages, costs and expenses (including attorneys'
fees) brought against or incurred by the indemnified party
arising from the indemnifying party's breach of the foregoing
reDresentation and warranty or other failure to disclose the
existence of -a broker or agent :::-epresenting the in.àemnifying
party.
ARTICLE 10
PURCF.ASE OPTION
AND RIGHT OF FIRST REFUSÞL
10.1 Exercise of Riahts. Sublandlord and Subtenant agree
that all of the rights to purchase fee title to the Leased
Premises from Master Landlord pursuant to the provisions of
l'.rticles 44 and 45 of the Master Lease may be exercised by either
Sublandlord or Subtenant, subject to the terms and conditions set
forth in this Þ.rticle 10. ,.
10.2 ExeTcise bv Sublandlord. In the event th.at Sublandlord
exercises its rights under either l'.rticle 44 or 45 of the Master
Lease prior to Subtenant's exercise of such rights, the Master
Lease shall not merge into the fee but, rather, Sublandlord shall
be deemed to have concurrently assigned all of its rights under
t:\jdemcres\mca\sublease.01O 13 " I
._-_.~-- --.----~..-
the Maste~ Lease to Subtenant. In that event, the Master Lease
shall be deemed to have been amended so that Sublandlord's anà
Subtenant's obligations under Sections 3.4 and 5.6 and Þ~ticles
11 and 12 of the Sublease shall then apply to Sublandlord and
Subtenant as the Landlord and Tenant, respectively, under the
Maste=- Lease. From and after that event, all of Subtenant's
~ights as the Tenant under the Master Lease, as amended,
including its rights under Articles 44 and 45 of the Master Lease
shall be in full force anà effect, the Sublease shall be deemed
to have me=cred out of existence and be of no further force and
effect and the Tri-Party Agreement shall become null and void.
10.3 Exercise bv Subtenant. In the event that Subtenant
exercises its rights under either Þ~ticle 44 or 45 of the Master
Lease prior to Sublandlord's exercise of such rights, the Master
Lease and the Sublease shall continue in full force and effect,
exce~t that from and after that event Sublandlord shall not
longër have any rights under Þ~ticles 44 anà 45 of the Master
Lease.
ARTICLE 11
Þ~DITIONAL AGREEMENTS
11.1 Sublandlord's Construction. Sublandlord shall, at its
sole expense, construct improvements to Otay Valley Road to
provide for the following:
11.1.1 Three westbound travel lanes and two
eastbound travel lanes separated by a raised center median from
the intersection of Nirvana Avenue to the point where the road
curves to the south. At that point the improvements shall
provide for four travel lanes, two northbound and two southbound.
11. 1. 2 Improvements to the bridge over the Otay
River to an ultimate width of 52 feet. The bridge and the
approaches to the bridge shall be striped to accommodate one
permanent travel lane in each direction, with a painted center
median that would provide sufficient width to accommodate two
additional lanes that can be used in a reversible operation.
Sublandlord shall cause such construction to be
completed by not later than the later to occur of (a) May 1,
1996 , or (b) the date falling fifteen days after the date on
which the project improvements being constructed by Subtenant
have been completed such that a certificate of occupancy would be
issuable but for failure to complete such offsite road
improvements.
11.1. 3 The deadline for Sublandlord's completion of
the work described in paragraph 11.1, above, shall be extended
for such additional periods of time as Sublandlord's performance
is prevented or delayed due to strikes, lockouts, unavailability
of materials, acts of governmental agencies or delays in the
t:\jdemores\mca\sublease.01O 14 J()J:J-
---------------- -------- "- - ------------ ._----~-----------
granting of sovernmental pe::mi':.s (othe:r- tha:l acts or delays 0::
Sublandlo=d) , acts of God, riots, civil insurrection, abnormal
force of elements or any othe= simila= event which is beyond 'Che
control of Sublandlord or actual delays caused by the
inst.allation of Subtenant's im?rovements at or a=oun¿ the prcjec:c
site; p:r-ovided, however, that i~ no event shall arlY extensior. be
deemed to have occurred unless Sublandlord shall have given
notice to Su.btenant, within te:: (10) days after the occt:.rrence 0::
the eve:l't, set~ing for~h the facts giving rise to such extension.
Subla::ldlo:r-d shall give prompt w=itten notice to Subtenant of the
cessation of the event or condition siving rise to such delay.
For pu:r-poses of this Sublease, the phrase "abnormal force of
elements II shall include, without limitation, greater than fifteen
(15) days per calendar year (p:r-o-rated for portions of a calendar
yea=) of rain delay. Fo::- purposes of this Sublease,
unavailability of funds or other fiscal res-crain'ts encoun~ereè by
Subla:ldlord shall not constitute an event or condition that.
extends the deadline for Sublandlord's completion of the work
described ~n paragraph 11.1, ë.bove.
11- Sublandlord's Use of ~he AmDnitheater. On up to
-_.¿
eighteen (18) days per calendë.r year, Subtenant shall g::-ë..nt:.
Sublë.:1¿lo:::-d ë.. lice!1se to use the amp~itheater facility to be
const~c~e¿ on the Leased Premises for civic even-;:s, such as
graduation and award ceremonies and religious services.
Sublandlo=d shall not use the amphitheater facility for eve::lts o:r-
activities that are simila= to or competitive with the types 0::
activities normally conducted at the amphitheater by Subtenant.
1J...2.1 Sublandlo:r-d must notify Subte:1ant at least
sixty (60 ) days in advance of its desi=e to use the amphitheater
facility. P=omptly following :r-eceipt of such a request,
Su.bte:1ë.nt will notify Sublandlord whether the amphitheater
facility is available on the requested date(s), -; .;.. being agreed
-'-
that Subtenant shall -~ all times ha.ve the paramount right to use
a'-
and schedule events for the amphitheater, and that the paramount
rights of Subte!1ant are necessë.ry to allow Subte:lant to maximize
ics revenues, which in turn will benefit Subla:ldlord by
maximiziDg the amount of Sublease Participation Rent and City
Special Assessment that will be payable to Sublandlord.
Notwithstanding the foregoing, once Subtenant g=ants a request
for a license, it may not revoke that license without
Sublan¿lord's prior conse!1t, which Sublandlord ag=ees not to
withhold if Subtenant is able to provide a reasonable substitute
date and is willing to compensate Sublandlord for reasonable
unrecouDed costs incurred by Sublandlord as a proximate result of
the canèellation or rescheduli:lg of Sublandlord's event.
Subtenant affirms the expectation of the parties' that licenses
for UD to one event per month during each of the months May
through October would normally be available to Sublandlord.
11. 2.2 Sublandlo:r-d shall not be required to pay rent
for use of the amphitheate= facility pursuant to licenses granted
as provided herein. However, Sub landlord shall pay, or reimbu:r-se
15 J-J -.2.
~;\jdemor~s\mca\sublease.C1C - ~')~
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Subtenant on demand, for all out-of-pocket costs incurred by
Subtenant in connection with Sublandlord's use of the
amphitheater facility, including without limitation costs for
security, medical and supe~isory personnel, ushers, janitorial
service, and utilities. Subtenant agrees to cooperate with
Sublandlord, or its designee, in developing a good faith estimate
of out-of-pocket costs likely to be incurred for each such event
or use proposed by Sublandlord.
11.2.3 Sublandlord shall execute a license agreement
for each event conducted by Sublandlord at the amphitheater. The
form of such license agreement shall be substantially the same as
. the standard form license agreement Subtenant uses with respect
to the Leased Premises, as the same may be revised from tim~ to
time by Subtenant. The current form of such standard license
agreement is attached hereto as Exhibit "A." The parties will
negotiate in good faith on an event-by-event basis concerning
appropriate modifications to the standard form license agreement,
but Sublandlord acknowledges that the provisions of the standard
form license agreement concerning insurance, indemnification and
cost recovery are not subject to modification.
11.3 Event Seatincr. Sublandlord shall provide Subtenant
with (a) a twelve-seat box, plus (b) an additional twelve seats,
to each event promoted and presented at the amphitheater facility
by Subtenant, free of charge. Subtenant shall have the right to
determine, and from time to time to change, the precise location
of such box and seats, but agrees that the twelve-seat box shall
at all times be in a prime location, and that the additional
twelve seats shall be at least in pairs and in the best third of
the fixed seating area. None of the tickets provided to
Sub landlord pursuant to this paragraph may be resold.
11.4 Future Lease. Although Sublandlòrd is not required to
do so hereby, in the event that Sublandlord acquires fee title or
a leasehold estate in the real property more particularly
described in Exhibit "B" attached hereto, said real property
shall, upon Subtenant's request, be leased by Sublandlord to
Subtenant for use as surface parking for the amphitheater
facility. The term of said lease shall be coterminous with the
term of the Master Lease, and the other terms and conditions of
said lease shall be substantially identical to the terms and
conditions of the Master Lease, except that the parties thereto
shall be Sublandlord and Subtenant, the "Minimum Rent" payable by
Subtenant shall be $100 per year, no "Participation Rent" shall
be payable by Subtenant, and said lease shall be assignable to
the landlord under the Master Lease on the terms and subject to
the conditions set forth in Article 47 of the Master Lease.
11.5 Non-Competition. Sublandlord agrees that when and if
it acquires fee title or a leasehold estate in the real property
adjacent to the Leased Premises that presently is owned by Otay
Rio Business Park II, a California limited partnership, such
other real property shall not be used for:
",\jdemores\mca\sublease.010 16 ¡;;. () /;) i
,,--_..-_..._,-_..__...~._,._._._.._- .----------.--.-----....-........ .....
11.5.1 The const~uç~ion or oDe~atio~ of a~
amphitheater or similar facility or live ënte~tainment project
which is p~imarily utilized for the promotion of concer~s or live
st:age event:s;
11.5.2 A.~y concert performance or other live
entertainment performance, except for performing fine ~r~s
presentations (i.e. orchestral, sympho~ic or chamber music,
opera, live theater and dance) ;
11.5.3 Parking to serve events takincr place at the
Leased Premises, except with the prior written co~së~t of
- -
Subtenant;
11.5.4 Events or activities that are similar to or
competitive with the types of activities normally conèuc~ed a~
the amphithe~ter by Subtenant, except for perfor~ing =ine arts
presen~ations (i.e. orchestral, symphonic or chamber music,
opera, live theater and ãance) .
11.5.5 During times when public perfo~mances are
being conducted at the amphitheater, and for twenty-four hours
before and six hours after such perfo~ancesf (~) the sale of
merchandise relating to the activities conducted at the
amphitheater, includina without limitation souvenirs or other
si~ilar merchandise id~ntified with the activities at the
amphitheater, or (b) commercial activities principally directed
at patrons of the amphitheater. This Sublease shall not confer
any license or consent to sell merchandise or engage in services
bearing or utilizing the name, logo, trademark o~ other
iàentification of the Leased Premises I Subtenant, any art~st, or
any other third person.
In addition, when and if Sublandlord acquires fee title
or a leasehold estate in such adjacent real prope~ty, Sublandlord
will use its best efforts to conduct its activities on such
adjacerrt real property in such a manner as to minimize
interference with Subtenant's use of the Leased Premises and any
audible, visual or other sensory interference with concerts or
othe~ performances on the Leased P~emises.
11.6 Subtenant's Developme~t Fees.
11.6.1 Subject to the provisions of paragraphs
11.6.2 and 11.6.3, Sublandlord agrees that Subtenant's
Development Fees, excluding (a) the Otay Mesa Development Impact
Fees payable to the City of San Diego, (b) water capacity charges
payable to t:he Otay Water District, and (c) schoòl fees payable
to the Chula Vista and Sweetwater School Districts, shall not
exceed $820,000, and that such portion of Subtenant's Development
Fees may be less. Sublandlord agrees to work diligently and in
good faith to reduce the Otay Mesa Development Impact Fees
payable by Subtenant to the City of San Diego and the balance of
Subtenant's Development Fees to the lowest amount possible.
t.;\jdemores\mca\sublu!le.010 17 J a - cJ.-5
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11.6.2 The $820,000 maximum amount referred to in
paragraph 11.6.1 relates to all of Subtenant's Development Fees
that are paya~le to the City of Chula Vista, and is comprised of
(a) not more than $470,000 for the Chula Vista Public Facilities
Development Impact Fee, and (b) not more than $350,000 for all
other Development Fees payable to the City of Chula Vista,
including sewer capacity fees. ~~ amount equal to all of the
portion of Subtenant's Development Fees that is payable to the
City of Chula Vista, excluding the Chula Vista Public Facilities
Development Impact Fee but including sewer capacity fees in the
estimated amount of $164,080, shall be due and payable upon the
issuance of building permits for the amphitheater. The remainder
of Subtenant's Development Fees payable to the City of Chula
Vista shall be paid in ten equal annual installments, without
interest (except as provided in paragraph 5.6), commencing on the
first alli,iversary of the issuance of building permits for the
arnphit:heater.
11.6.3 Notwithstanding the provisions of paragraph
11.6.1, if it is subsequently determined, based on metered flows,
that the sewer capacity fees payable by Subtenant to the City of
Chula Vista exceed $164,080, then Subtenant shall pay such
increase in the sewer capacity fees, up to an additional
$122,920, provided that if the portion of Subtenant's Development
Fees described in paragraph 11.6.1 would as a consequence exceed
the $820,000 maximum amount referred to in paragraph 11.6.1, then
an amount equal to the excess. over $820,000 shall be payable by
Subtenant in equal annual installments that will amortize such
excess over the then-remaining portion of the ten year period
referred to in paragraph 11.6.2.
11.7 Performina Arts Fund. For each ticket sold to an event
promoted and presented at the Leased Premises by Subtenant,
Subtenant will assess and collect a performing arts fund fee, as
follows: (a) for the first 100,000 tickets sold in each calendar
year, the fee would be $0.15 per ticket; (b) for the next 100,000
tickets sold in each calendar year, the fee would be $0.25 per
ticket; (c) for the next 100,000 tickets sold in each calendar
year, the fee would be $0.35 per ticket; and (d) for each
additional ticket sold in each calendar year, the fee would be
$0.50 per ticket.
11.7.1 The performing arts fund fee assessed and
collected by Subtenant will be paid to Su~landlord as rent on or
before February 1 of each calendar year, in arrears.
11.7.2 Funds from time to time deposited with
Sublandlord as provided above would be administered by an
advisory commission having no more than seven members established
and appointed by the Chula Vista City Council. At least one
member of the commission shall be a designee of Subtenant. Final
decisions concerning the use of such funds would be made by the
Chula Vista City Council, based upon the recommendations of the
commission.
<,\;demoru\mca\subleas..010 18 dO - ';).~
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, - 7 -. The commissior: established to the
-~. ..j aQm.:.::~ster
pey:o::::mirrg arts fund would be pe~.i. t ted to use the funds only to
underwrite the cost. of pe=-formin:; f':":le arts prese::tations (i .e.
o~chestYal, svm~honic or chambe::- music, opeya, li.ve 'Cheatey and
dance, as opp~sëà to visual ay':.s, pop music or ot~eY pU1:poses)
conducted with~n the bounåaries of the City of Chula Vista
(including events conducted at the Leased ?::-emises) .
ÞRTICLE 12
INDEr1NZTY
12.1 Subterrant's Indemnitv. Subte!lant he=-eby agyees that
all indemnifications of the Master Landlord by the Tenant
pursuant to the terms of the Mas~er Lease are hereby made to
Sublandlord by Subtenant as if those i:ú.¿enù.J.i ties o'^'ere set forth
in full in this Sublease. Sub::enant hereby inàeIT~i£ies, and
agrees to protect, defend and hold ha=mless Sublandlord, it.s
-officers, age!lts, employees and re~=esentatives :from and against
any claims, damages, liabil:"t.:"es, costs and experrses, including
reasonable at.torneysl fees i~cur~e¿ by or brought against
Sub landlord, its OI::tJ..cers, ager.::s, employees and ::-epresentatives
which a:::ise out of or relate -~ Te:-"an::' s i:ü.èemnities of the
-~
Landlord wh~ch are set for~h ~ ..., the Maste::- Lease. Subtenant
further ag::-ees to inàemnify, p::-otect, àe£e~d anå hold harmless
Sublanèlord, it.s officers, agen::s I employees and ::-epresentatives
from and against any and all claims, damages I liabilities, costs
and expenses, including reasonable attorneys' fe~s, arising
directly Or indirectly from (a) Sublandlord's approval of the
CEQA docume!lts or entitleme!lts for t.he amphitheater pyoject to be
developed by Subtenant on the Leased Premises (the "proj ect" ) ,
(b) Subtenant's installation of the improvements required for -.
~ne
Project, and (c) Subtenant's operat.ion of the Project.
12.2 Sublandlord's Inåe!T1!1.itv. Notwithstan¿i~g the
provisions of paragraph 12.1, Subla!ldlord shall i!1¿emnify, defe!ld
(or, at Subte!lant's option, pay for Subterlant's ¿eferlse) and hold
Subte!lant harmless from and against, and the Subtenant shall not
be required to indemnify Sublandlord against, claims I damages,
liabilities, costs and expenses caused by (a) the willful
misconduct or grossly negligent acts Or omissions of Sublandlord
and/or its agents, employees or contractors in the exercise of
Sublandlord's rights or the performance of Sublandlord's
obligations under this Sublease or the Master Lease, or (b) any
breach or nonperform~~ce by Sublandlord of any of its covenants I
obligations, representations oy warranties under this Sublease,
except in each case to the extent coveyed by insurance.
ARTICLE 13
MISCELLÞ.NEOUS
13.1 Governina Law. This Sublease shall be governed by and
construed in accordance with the laws of the State of California.
Each of the parties conse!lts to the personal jurisàiction of the
State of California.
~:\jdemores\mca\$uble&se.01O 19 /1 /i ') ~,
--' V ,,; I
(,'
- - - ~__~_ - _______.~_______ _..._.. .--.__.0-- - -~-------- --"--- "_". .__._._._..,._u_~__ _____.____._._______~_______o____ . __~._____
13 .2 CounterDarts. This Sublease may be executeà in
counterpa:::-ts, each of which shall be deemed an original hereof.
13.3 Thirà-partv Beneficiaries. The provisions of this
Sublease a:::-e solely for the benefit of, and are enforceable cr'.ly
by, Sublandlord and Subtenant. No provision in this Sublease is
interr¿e¿ to or may be deemed to create any rights i!J. f2.vor of
thirà parties.
13.4 Sublease RelationshiD. Sublandlord and Subtenant
expressly acknowledge and agree that it is their intent and
purpose that this Sublease be construed and interpreted as
creating a sublease arrangement between Sublandlord and
Subter1.ant, and that under no circumstances shall this tra.nsaction
be construed as an assignment by Sublandlord to Subtenant of the
Maste!:" Lease nor the creation of a partnership or joint venture,
nor the imposition of any tax or assessment by Sublandlord
against or through Subtenant.
13.5 Further Assurances. Sublandlord and Subtenant hereby
covenant that each will, at any time and from time to time upon
request by another party hereto execute and deliver such further
documents and è.o such further acts as may be reasonably requested
to fully effectuate the purpose of this Sublease.
13.6 Assicrnabilitv. Provisions governing the assignability
of this Sublease and sub-subleasing are contained in the Master
Lease and the Tri-party Agreement.
13.7 Successors and Þ.ssicrns. Subject to any restrictions on
assignment and sub-subletting set forth in the Master Lease, the
Tri-Party Agreement or this Sublease, the rights and obligations
of Sublandlord and Subtenant shall bind and inure to the benefit
of their respective successors and assigns.
13.8 Memorandum. At the request of either Sublandlord or
Subtenant, the parties will execute and acknowledge a short-form
memorandum of this Sublease, and record the same in the Official
Records of San Diego County, California.
13.9 Insurance. In the event Subtenant assigns or sub-
subleases its interest -in this Sublease and the Leased Premises
in the manner and subject to the conditions contained herein, in
the Maste~ Lease and in the Tri-party Agreement, or grants a
license to use a substantial portion of the Leased Premises (e.g.
a license to operate an open air market as opposed to a license
to operate a small concession), Subtenant shall require the
assignee I sub-sublessee or licensee to name Sublessor as an
- =>8
t:\jde~cres\mca\sublease.OlO 20 } c·"
.--. --_._.._~..,..,,---,,_._-_.- ._-.- .~-_.._--------_._-
additional insured on all casualty anà liability insurance
maintained by such assignee, sublessee or licensee with respect
to the Leased Premises.
IN WITNESS WrlEREOF, the parties have entered into this
Sublease as of the day and year first above written.
SUBLÞ.NDLORD:
CITY OF O1ùLÞ. VISTA
By: ..J/,¡) ~'%f- J!c;;TAfVV
Name:~µiR~i ~o~To~
Title: fVlAióR.
ATTEST:
~a ~
City Clþrk
Þ.PPROVED AS TO FORM:
SUBTENANT :
UNIVERSÞ~ CONCERTS, INC. ,
a California corporation
By:
Jay Marciano, Presiàent
,-
t:\jàemores\mca\subleaae.01D 21 ~'J- ')7
,..~." ' _,,0
t.>_.. !-o'
--------_. -.---.--..-...---.-.'- '-'--'-- .-.'--
-----.- --+-.-. ....-..--..-.,-.... -......-...
STI'ti'...JDAf<-¡:,. L\ I!..E I0S E
frGR. e:z=.ME ~T
, 1995
Re:
Dear :
You, (hereinafter referred to as
IILessee") and we, UNIVERSAL CITY STUDIOS, INC. DBA UNIVERSAL
l'.MPHIT:-i:EATRE (hereinafter referred to as "UCS") , do hereby agree
on the following terms, conditions and definitions with regard
to your leasing the facilities known as the Universal
Amphitheatre in Universal City, Califo=ia (hereinafter referr2ã
to as "Amphitheatre" or "TIle Amphitheatre Facilities"):
LESSEE:
EVENT :
LEASED PREMISES: Auditorium of
the Universal Amphitheatre
GUESTS: 6,251
DATE AND TDŒ:
COSTS/FEES/DEPOSITS: AMOtlN'l' DUE:
Facility Lease Fee: $
Estimated Production Expenses: To Be Determined
Projected costs based on the ,-
staging requirements of your
engagement (cost overruns shall
be payable pursuant to the
provisions of Exhibit 1 attached
hereto) .
I'J¡) . "0
.¿' ¡
J
{-:/ '"~
Page 1 (UA95 -
LX?!!!!T "A" ------ -- ~---"" . ---_.- "" .,'. "-..,'--' ..-.-...- - -,_...,-----"...,.__......,_.,--_.~-
Estimated Ope=ations Expenses: To Be Determined
Based on staffing and security for
this engageme:lt (~~y cost overruns
shall be payable pursuant to the
provisions of paragraph 3 of
E~~ibit 1 attached hereto) .
CatE:z:-ing: To Be Determined
Box Office Labor:
PAYY-::NT SCEE:DûLE:
Facility Lease Fee Deposit #1: $
(non-refundable)
(due by )
Facility Lease Fee Deposit #2: $
(non-refundable)
(due by )
Facility Lease Fee Balance: $
(non-refundable)
(due by )
Estimated production Expenses: To Be Determined
(due by )
Estimated Operations Expenses: To Be Determined
(due by )
Catering: To Be Deteremined
(due by )
Box Office Labor: $
(due by )
TICDT SC.'U.E: To Be Determined
TICD'!' ~S: Amphitheatre Box Office and Ticketmaster. Said
tickets will not be released unless all other
material terms and conditions of this agreement
(i.e. , insurance certificate, deposits, signed
contract, etc.) have been met.
J}û-3!
Page 2 (UA95-
- .--------...-------------------------...-- - ._~----_._.._._-_..__.._---_.---
PRODUCTION OFFICE AVAILABILITY:
LEASE PER.IOD~
LOAD IN:
LOAD OUT: Immediately following event on , ~994
ADDITIONAL REQUIREMENTS:
Esti~ated p=oãuction and operations
requirements in writing (including
personnel, equipment I time, etc. for
technical set up, rehearsals, etc. )
due by:
Certificate cf insurance due by:
(Must be aDDroved 48 hours prior to Event)
Executed copy of agreement due by: ~QQ-
, ~~"
LESSEE'S DESIGNEE (whom Lessee warrants has/have full aut.hority
to commit Lessee's funds and to authorize expenditures of monies
on Lessee's behalf in connection wit.h the event):
Name:
Þ.ddress:
Telephone No.:
DCS's standard terms and conditions are attached hereto as
Exhibit ~ and incorporat.ed herein by this reference. LESSEE and
DCS hereby execute this Agreement on the date first above
written:
UNIVERSAL CITY STUDIOS, INC.
dba Universal Amphitheatre
By: By:
An Authorized Signatory
Title:
Federal I.D. .. d () -3~
".
Page 3 (UA95 -
----- ----~--~-~-_._".._._....
EJŒI3IT 1
l. 0'1"':-::''1 7NCOME
Except as otherwise provided herein, all revenue derived
from the S-1.. of food, beverage, concessions, novelties,
"---
souve!lirs, record albums, progra.ms , parking and other items or
5 erlric:es saId at the Amphitheatre shall be retained by DeS.
Des's Merc..'1.andi sing Department will be the sole vendor of all
souvenir items relating exclusively to Lessee such as programs
or T-shi::ts / and Des shall pay to Lessee 60%' of the proceeds
after 8-1/4% sales tax in connection therewith. Pursuant to the
foregoing Lessee must make concession arrangements with Des's
Dire(:tor of Mercha...'"J.dising -to (818) 777-4475. Lessee hereby
"--
agrees ta be solely responsible for and indemnify and hold DeS,
its pa.rent, subsidiary and affiliated companies a...'"J.d their
respectivE officers, directors, employees and agents harmless
agair..st 1L."J.y and all claims , damages and expenses (incl uding
reasonable attorneys' fees) relating to the sale or use of such
merchanãise or Lessee's right to so authorize Des to sell such
merchandise. In no event will this provision prevent the sale
by DeS of items u=elated to Lessee. Lessee will be entitled
without charge to 30 parking spaces for automobiles backstage,
which spaces may be used by Lessee for trucks at the rate of
five spaces per truck.
2 . ADDT'T'TONAT, COS'T'S pr. TD BY T,P;;;;EP
(a) Lessee will provide and pay for any and all costs
associated with all talent, including performing and musical
tale!1.t for the Event (referred to herein as "performers") , if
any, including but not limited to the rental and delivery of
musical instruments, tuning, etc.
(b) Lessee shall pay the costs of any anå all Event-
related materials including but not limited to lumber, fixtures,
fittings, decorative props and sets, etc. Lessee shall pay Des
for the cost of renting or purchasing, installing and striking
any equipment reasonably necessary in DeS's judgment for the
safe a...'"J.d proper presentation of the Event.
(c) Lessee shall pay all costs associated with transport
to and from the Amphitheatre of all of Lessee's personnel,
/ Or 33
page 4 (DA95-
-,~- -"---... ----- .-.--.
inviteesl proper'CJ..es, facilities a...'1.d equ.ipme!lt ne::essa.:.-y for t.he
Even~.
(d) Lessee shall pay in a timely manner all 9'0ve=r..J.~e!1 ':al
taxes anå levies that may be due as a result of t.he Event.
(e) Lessee agrees to fu=ish and file -,. its =X?e~se such
Q.~
governrne:!:"~:al permits and o~her licenses and permits as may be
reouireå f~r the Event. -
(f) Lessee shall assume all costs arising from the use of
patented a.."ld/ or copyrighted materials, equipme!lt, ãev:"ces, or
dramatic :::-ights used on or incorporated in the Eve!lt, i:lcluàing
but not limited to musical performance 1 . from Þ..s c.~_p a.."1.d
_~censes
EM!. Lessee represents I warrants and covena.."lts that t.he- Event.
will not be obscenel indecent nor violate any copyright law nor
infringe upon the literary or other rights of a!lY pe=son, ".
...:!..rrtl
or corpo::-atioD1 including but not limi-:eè to, the ::-~gnt of
privacy aDd the right to be 'f=--Q.O from defamation of c~ê.::-ac::e:::-i
-.1---
that The Amphit.heatre Facilities shall not be used ·:Eor a.."lY
purpose contrary or opposed to common dece!lcy or good morals or
which would constitute a nuisance or otherwise be imprope:::- or
detrimental to the reputation or public image of ues, as
determined by ues in its sole discretion. Lessee agrees to
.. . ~ and hold ha=1ess ues, its representat.ives a.."ld
J..naemnJ......y
lice!lsees from all damages, costs and expenses I including
attorneys' fees, for or on account of the use of any pat.ent.
and/or copyright, materials, equipment, àevicesl processes or
dramatic rights furnished or used by Lessee ir.. cOlli"'lection with
this Ag:::-eeme!lt.
(g) For the Event:, including load in, technical set-up,
rehearsals and load out, Lessee shall pay for all perso=el
required to staff and operate the Amphitheatre pursuant to
applicable collective bargaining agreement and stanãard ues
fringe benefits as provided herein, including but not limited to
ushers, usherettes, security guards, stageha.TJ.ds, cleaning crew
and such other persoIl.TJ.el as ues, in its reasonable discretion,
shall deem required. ues shall consult with Lessee about
staffing requ~rements. All of the above-menti.oned perso=el
shall be provided by or through ues only.
(h) Lessee agrees that any visual material, including the
form of any entry ticket, prepared by or for Lessee containing
refere!lce to or a depiction of the Amphitheatre, ues, or any of
-)4
Page 5 JÓ-:;) I (UA95-
-- _._._---~_..- .__.._.._._._._---~~_.~---_._-
its affiliates or business activities must (i) be submitted fo::
approva.l by ues at least ten (10) days prior to thei:: intended
use and (ii) use the Amphitheat::e's established logo-ty-pe,
t::adema=k or service mark (which use by Lessee shall not be
deemed a tr~~sfer or surrender of any rights therein or the::eto
to Lessee) . ues consents to Lessee's use of the name of the
~-nphitheat:.re for the sole pu::pose of advising persons attending
the Event where the Event is to be held and not for the pu::pose
of suggesting an endorsement or sponsorship by the Amphitheatre
(or ues 0:: its affiliates) or any other connection or
affiliation~
(i) ¡Ül sales to the Event including printing of tickets
will be made exclusively through ues's and Ticketmaste::'s box
office and remote facilities except where the nature of the
event requires a ticket design that cannot be provided by ues's
ticketing system. The box office fee per performance specified
in the letter agreement to which this Exhib i t is attached shall
cover the cost of selling tickets. The cost of printing tickets
and credit card charges will be charged to Lessee. ues shall
retain its standard telephone service, mail order charges and
facility charge and Lessee shall pay any printing and mailing
costs incurred in connection therewith.
For each performance ues reserves unto itself the
right to its usual and customary number of complimentary
tickets, i.e. , eighty (80) . Such tickets shall specifically
include the following seat locations: Pit Section, row BBB,
seat numbers one to four (1-4) and twenty-three to twenty-six
(23-26) , Section 1, row AA, seat numbers one hundred one to one
hundred four (101-104) , Section 2, row AA, seat numbers one
hundred one to one hundred four (101-104) , and section 3, row
þ.-~-t seat numbers one hundred one to one hundred four (101-104) .
(j) Þ~y tickets advanced to Lessee by ues must be paid by
Lessee or guaranteed by an irrevocable stand-by letter of credit
at the time of receipt at face value of the ticket (hereinafter
refe:::-red to as "consignment tickets") . If Lessee fails to
perform the Event for any reason including termination by ues,
(a) any consignment tickets sold by Lessee shall be refunded
di::ectly by Lessee and ues shall reimburse Lessee at the face
value of those consignment tickets retu=ed to ues by Lessee;
however, in the event that Lessee fails to refund the face value
of any consignment tickets pursuant to the foregoing, then ues
reserves the right to make such refund; and (b) ues and
.- r-
1',)" :.¿'
c/'· -.,I......)
Page 6 (UA95-
. ~_.._..._...."....__._...---_.__.__.__._.._----- --,,-.,.-..-,-.- - --.-.---.--
Tic:ketmaster shall be autho=ized to make immediate restitution
to all pe=sons who present non-consignment tickets at the point
of sale for refund (but only to the extent of the price printed
on the ticket(s) presented) . Lessee shall reimbu=se ues for all
amounts which ues shall be required to pay for refunds in excess
of the funds theretofore collected and held by ues in connection
with the sale of tickets to the Event (including an additional
flat fee set forth in the Lette= Agreement to which this is
attached as Exhibit 1 fo= the Event for box office personnel) .
(k) Lessee shall pay a deposit to ues in connection with
all of Lessee's expenses herelli~der as provided herein.
(1) All catering fo= the Event will be contracted through
ues. In the event that permission is granted to Lessee to bring
in a.l'1 outsiàe c:at.erer, a 20%- commission of the total catering
cost will be paid to Des by Lessee.
, .
Page 7 :J()'3h (UA95 -
---_..__._._-_.__...-~---_...".._"...- -~
3. p~ VM::"Ñ-rc; l>ND S>::"!"T'L"'M"'NT
In order for Lessee to rese=ve The Amphitheatre Facilities
hersunder, ues must receive the non-refundable Lease Fee and the
ente::-t:ai!1...ment and facilities deposits no later than the dates
specified therefor in the letter agreement to which this Exhibit
is attached.
The Þ.~"!1phi thea tre production staff will prepare and submi t
to Lessee an Estimated Budget no later than the date specified
therefor in the letter agreement to which this Exhibit is
attached, based on Lessee's Estimated Production Requirements as
proviãed in paragraph 5 hereinbelow (referred to herein as
"Estimated Budget") . Lessee must pay to ues the total amount of
said Estimated Budget no later than the date specified therefor
in the letter agreement to which this Exhibit is attached
(referred to herein as "Expense Deposit") . If ues has not
received the .Expense Deposit within a week after it is due under
this ]tgreement (or at any time thereafter, at ues's option) ,
Lessee shall automatically forfeit its right to use The
Amphitheatre Facilities as well as the entire lease fee
hereunder, which forfeiture shall in no way affect or other....ise
prejudice any of ues's other rights and remedies. Any monies
paid by Lessee to ues hereunder within fifteen (15) business
days prior to the Event must be made by certified or cashier's
check.
,
The Expense Deposit shall be applied against all monies
which shall become due from Lessee to ues hereunder or by reason
of Lessee's use of The Amphitheatre Facilities as provided
herein, including all amounts which shall become due for
personnel, seJ:Vices, materials and equipment furnished to Lessee
by ues under this Agreement, any agreement supplementing this
Agreement, Lessee's work orders and requests, or other....ise. Any
surplus remaining shall first be applied by ues in satisfaction
of ~~y remaining obligation or liability of Lessee to ues under
this agreement or otherwise, including without limitation any
damages, whether stipulated herein or not, to which ues may be
entitled by reason of any breach of this Agreement by Lessee.
The aforesaid applications shall be deemed to have been made as
and when said amounts become due, irrespective of the date upon
which such applications shall be made upon the books of ues.
In the event that Lessee's expenses paid by or other....ise
owing to ues exceed the Expense Deposit previously received by
, ¡) ), 7
.".;Þ'
Page 8 (UA95-
- -..------------" ----"_._--_._,~~- ------
Des, Lessee shall pay such excess monies åue to DeS within ten
(10) bus:'ness days a&~c.T'" Lessee's receipt of a ues accounting
J..I...__
statement in regard thereto. Lessee agrees to examine a..'1y such
statement and to notify ues in writing of any e::-:::-or in the
account or of any objection to any charge within five (5 )
business days -~-Q"'- delivery of such statement; and unl e s s
0.':"1...___
Lessee. . 11 notify Des of such claimeà error 0:::- objection
sna__
within such five (5) business àays, such statement shall be
àeemeå to be a trùe and correct statement of the account between
Des and Lessee.
No reft:nd shall be made of any advance depos:'t(s) 0:::-
:::-ental(s) i: for any reason ( except for a force majeure event)
an event is canceled without the prior written approval of ues.
Lessee ag=ees to pay all fixed rentals and penalties in the
amo~~t of $1,000.00 per ãay if ãate is not rescheåuled.
4, . ";"NDEM!F"T"V . TNSUR ZI.NCE
;'.11 r:'sk of loss during rental period will be the sole
responsibility of Lessee. Lessee agrees to indemnify, . f' .
ae_ena
and hold harmless ues, its parent, subsidiary and affiliated
companies, its and their respective ~f" employees and
oJ.._~cers,
agents from and against any and all , . demands and causes
c_a~rns ,
of action, liability, judgments, damages, costs Õ-"lå expenses
(including atto=eys' fees) arising from injuries or death of
persons (Lessee's employees included) and damage to prope:::-ty I
arising directly or indirectly out of Lessee's presence on or
use of the amphitheatre facilities ( incl uding its adjacent
premises anè facilities) , without regard to negligence, or
caused by ~"y acts, errors or omissions or alleged acts, errors
or omissions by Lessee, its employees, officers, directors,
agents, licensees or invitees (whether paying or non-paying)
save and except claims arising from the sole negligence or sole,
willful misconduct of MCA. Lessee will make good to and
reimburse MCA for any expenditures, incl uding reasonable
atto=ey fees, MCA may make by reason of such matters and, if
requested by MCA, will defend any such suits at the sole cost
and expense of Lessee.
, .
Lessee shall maintain and pay all premium costs for the
following insurance coverages on the forms and in the amounts
not less than specified from the commencement of its use or
occupancy of ues's premises (which includes Universal eity
Studios) until termination of the same:
Page 9 ¿ì()- 38 (UÞ.95-
-- -----------.--"-- ... --..,..--.-....--.-.-
(a) Statutory Workers' Compensation including Employers
Liability insurance with a limit of liability of not less than
One E~~dred Thousand Dollars ($100,000) . Lessee shall cause its
Workers 1 Compensation carrier to waive Insurer's right of
subrogation with respect to Universal City Studios, Inc" MCA
Inc" and its affiliates.
(b) Comprehensive or corrmercial general liabiLity
insurance (and/or excess umbrella liability) written on an
occurrence form with a combined single limi t of not less than
Ten Million Dollars ($10,000,000 ) per occurrence. Said policy
must be written on the 1.1./85 ISO occurrence form or broader,
with no additional exclusions, and must include:
l. Severability of interest
2. Primary, not contributing coverage
3. Blanket contractual
4. Personal injury
5. Third party property damage
Universal City Studios, Inc. dba: Universal Amphitheatre,
MCA INC. , and its affiliates must be indicated as additional
insureds and a waiver of subrogation must be granted.
(c) Business auto liability and/or excess umbrella
liability for all owned, hired or non-owned vehicles to be
driven onto UCS's private facilities, with a combined single
limit of not less than One Million Dollars ($1,000,000) .
Universal City Studios, Inc. , MCA Inc., and its affiliates must
be indicated as additional insureds.
(d) For any filming or broadcast activities to be
performed, professional liabili ty or errors and omissions
coverage on a primary , not contributing basis with a minimum
limit of liability of One Million Dollars ($1,000,000) per
occurrenCE:.
(e) All risk property insurance covering Lessee's
property to be brought onto UCS's private property, including a
waiver of subrogation in favor of UCS and its affiliates.
(f) Lessee shall require all subcontractors to maintain
insurance coverages as detailed herein, also protecting UCS.
'1) - :.)j
0'...) (UÞ.95-
Page 10
---".--.-----.----.-.,--,---
Should any additional premium be cha=geè. for such
cove~ages 0:::- waivers¡ Lessee shall be responsible to pay said
aàdi~ional premium c~arge.to their insurer. Should Lessee fail
to provide insurance cove:::-ages meeting the terms and
::-equiremeTIts stated above, UCS shall have the right but not the
obligatior- to pu:::-chase the necessa=y policy at Lessee's exoense.
Lessee must deliver to UCS, prior to the start of
operations, sat.isfactory eviãence of each insurance cove:::-age by
no late= than ten (10) days after execution of the Agreement, on
the s t ê..;.""1dard Þ.CORD form or a form acceptable to UCS. Þ..ll
required insurance will be placed in A.M. Best rated ca==iers
sat.isfac~orI to UCS and shall p:::-ovide thirty (30) days written
notice of cancellation or non-renewal. The stipulated limits of
coverage above shall not be construed as a limitation of any
potent.ial liability to UCS, and failure to deliver said
insu=~~ce certificate or UCS's failure to request delive=y shall
in no w"ay be const:r-ued as a waiver of Lessee's obligation to
provide ~~e i~surance coverage specified.
If UCS åetermines in its reasonable good faith opinion
that the activities planned by Lessee involve unusual or high
risk exposures, UCS shall have the right to increase or decrease
the limits of insurance coverage specified he=ein, and Lessee
hereby agrees to provide a ce:::-tificate of insurance reflecting
such coverage within three (3 ) days from such request. Without
limitinC' Des r s =ights a-T1å remedies I Lessee's failure to comply
with the terms of this subparagraph shall give UCS the option to
terminate this Agreement without any liability to Lessee.
s. ~~r~:NTr~T. CONTACT AND INFORM~~TON
On a åate no later than that specified in the letter
Agreement to which this Exhibit is attached, the line producer
of the Event shall (~) contact and inform the Amphitheatre
production staff of any and all technical and other requirements
as well as any information required by UCS for the Event
including estimated time, equipment, personnel, etc. for
technical set-up, rehearsals and any other necessary function to
the Event; and (2) fu=ish the Amphitheatre þroduction staff
with an accurate stage layout or plot, including placement of
all instruments, microphones, stands, props, monitor speakers,
risers, rugs, etc. Further, said line producer and Lessee's
production supervisor shall be available when needed by the
Amphitheatre's production staff on a consultation basis no less
Page 11 JO-LjÔ (UA9S-
~.~----~----_._--_.-
than two (2) weeks prior to the Eve.!lt. Lessee hereby warrant.s
that said line producer and production supervisor each has full
authority t.o commit Lessee's funds and to authorize expenditure
of moniés on Lessee's behalf in connection with the Event.
6. S~Cù-P T"T'V
Subject to paragraph 2 (g) hereinabove, ues shall provide
standarà concert security. The number and placement of such
standard security personnel in ~~d around the Amphitheatre shall
at all times be in ues's discretion and control. ues will
provide and Lessee shall pay for the standard security
pass/badges. Lessee shall provide all security necessary in
aàåition to standard ues security; such s ecuri ty to be
coordinated with ues. Admission procedures for Lessee's
invitees, employees, agents and subcontractors, if any, shall be
coordinated and approved by ues.
7. eOMPT.T!.NCE WTTI< LAWS
Lessee shall comply and do all things necessary for ues to
comply with the requirements of all laws, orders and regulations
of Federal, State, County and Municipal authorities and with any
lawful direction of public officers which shall impose any duty
upon ues or Lessee, with respect to the occupancy and use of
ues's premises.
Lessee shall comply with all rules, orders, regulations or
requirements of the Board of Fire Underwriters or any other
similar body and shall not do or permit anything to be done in
or about Des's premises or bring or keep anything therein except
as permitted by the Fire Department, Board of Fire Underwriters,
Fire Insurance Rating Organization (Insurance Service Office) or
any other authority having jurisdiction. Lessee warrants that
any ~~d all staging i~cluding pyrotechnic or incendiary devices
provided or used by performers shall be operated in a safe and
reasonable manner. Lessee agrees not to . bring onto ues's
premises a.."1.d utilize (without ues's prior written consent) any
flammable, explosive or caustic material or substance. Lessee
agrees to pay all costs in connection with any materials,
licensing, and union and fire department personnel that may be
required by Lessee's desire to use pyrotechnics or incendiary
devices during the Event. Any decorating or other work and the
material thereof, done or furnished by Lessee, shall be subject
to approval by ues and, if necessary in ues's sole judgment, the
/) 0 - ¿/t
c..../"
Page 12 (UA95-
__ _ _ _.._ _ "_~.....__,.___,..____.__.____._____.____.~u_.._ __.._____ ----
Fire Depa::"crnen'C, anà unless so approved, it may be prevented or
removeà by ues. All decorations and other combustible materials
must be fireproofed, and Lessee shall àeliver to ues a
flameproofing certificate in t.he form specified or required by
and satisfactory to any local governme..'1 tal body having
jurisàiction with respect thereto, ." necessary in ues's sole
:!."-
j uàsment . Lessee warrants that Lessee weill notify -11
"'--
applicable governmental agencies and departments where necessary
or aàvisable. ues reserves the right to consult with an expert
at the sole cost of Lessee if in its best juàsment, ues
questions the safety of any particular staging àevice.
8. Þ T ·.,..'t:'R~ 'T'TONS
Lessee shall not mark, paint, àrill into ar in any way mar
or àeface any part of ues'S premises. Lessee shall not àisplay
or e:=ec::. any lette:::ing, signs, pictures, notices or
adve=t:iseme:lts upon any part of the outsiàe or inside of ues's
premises or make any alterations or improvements in or to ues's
premises without the prior written co~sent of UCS.
9 . "\ECTTON
Upon the request or consent of Lessee, ues shall act as
Lessee's agent in refusing admission to or in causing to be
removeà from ues' premises any person(s) engaging in
objectionable or improper conãuct¡ Lessee agrees to . ~ . ~
:!.naemn:!....y,
." . and hold ues, its pa:::ent, subsiàiary a.l'1à affiliated
ae...ena
companies anà their respective officers, àirectors, employees
and agents haimless against any anà all claims, damages anà
expenses (including reasonable attorneys' fees) arising out of
the ej ection of any person (s) L'1 connection wi th the foregoing.
Notwithstanding the foregoing, ues reserves the right to eject
anyone deemed by ues in its best judgment to be endangering or
damaging the premises or any person in any ma~'1er whatsoever.
10. ues REGULþ'T'TONS
þ~'1yone employed by Lessee shall be under the general
supervision and control of ues (but not as an a'gent or employee
of UeS) while in The Amphitheatre Facilities. Lessee warrants
that during the Event and/or whenever on ues's premises, Lessee
and its personnel (including any independent contractors, agents
and employees) each will conduct himself in accordance with the
public image of ues and its affiliates. Lessee shall oause its
'ì¡)-L/;)
Page 13 (7 " <- (UA95-
.---------- ------------ -.-.---
representatives, subcontractors, performers, agents, employees,
licensees and invitees to abide by such reasonable rules and
regulations as may from time to time be adopted by ues for the
use, occupancy and operation of ues's premises. Lessee
ac&~owledges that The Amphitheatre Facilities may be used during
the leased pe:dod for activities other than the Event and that
ues shall have full authority to establish the schedules for the
use and availability of all services and facilities in The
Arnphitheat=e Facilities. Lessee agrees to comply with any
schedules and sharing arrangements so established. Amphitheatre
entrances and exits shall be locked and opened as ues shall
determine after consultation with Lessee, and Lessee (or its
representative) shall be present at all times during the Event.
ues rese=ves and retains the right to erect display advertising
in The Amphitheatre Facilities, and otherwise to make any
announcements it desires, in any manner which does not interfere
with the Event.
II. pTC:T( OF T,OSS
Lessee agrees that all of its property or property of
others brought or permitted to be brought by it onto ues's
premises shall be at the risk of Lessee and that ues shall not
be liable to Lessee for any loss or damage whatsoever.
12. D1<1<!.UFT'
(a) If before or during the Event (i) Lessee makes an
assignment for the benefit of creditors or takes the benefit of
any insolvency act, (ii) a case or proceeding shall be
commenced, or petition filed, by or against Lessee under the
Bankruptcy Act, (iii) use of The Amphitheatre Facilities for any
of the purposes specified in this Agreement is forbidden or
temporarily suspended by compet~~t public authority, (iv) Lessee
defaults in the performance or obse:I:Vance of any of its
obligations or agreements contained herein, including the
agreement to make payments as provided herein, (v) ues, in its
sole àiscretion, detennines that the promotion, content or
presentation of the Event may subject ues to action or liability
for damages, .fines or penalties, or other legal action or
proceeding, or (vi) Lessee vacates or deserts The Amphitheatre
Facilities, then, and in any such event, this Agreement, in its
entirety or with respect to the Event, at ues's option, without
advance notice to Lessee, shall expire fully and completely and
all of Lessee's rights hereunder shall cease, and Lessee shall
,. LI:3
I' .'¡.....
; v
Page 14 I.- (UA95-
--.-. _....~_..- _ __.~~___._'M m.'_____.____.__._
quit and s~=render promptly The Þ-..mphit.heatre Facilit.ies to ues
but shall remain liable as hereinafter provideè.
upon expiration or te=ir¡ation of this Agreement, Lessee
shall irnmeèiately te=inate the Event, if then in progress, anè
shall remove all of its property from The Amphitheat=e
Facilities. ues, immediately upon the expiration or termination
of this Agreement, may enter The Amphitheatre Facilities and
:::-emove all persons and all of Lessee's property therefrom. by
force or other.rise, without being liable to indictment,
prosecution or damages therefor. Further, Lessee expressly
authorizes ues to take any steps as may be deemed advisable by
ues to remove Lesse~'s property from the premises and
effectively to terminate the Event, including turning off lights
~~d èismissing or causing the audience to be dismissed. In the
event of en try by ues, ues -~ its option may store at the COSt
",,-
of Lessee ~~y personal property of Lessee or its ser"Tants,
employees and agents then in The Þ~hitheatre Facilities, but in
such case ues shall not be obligated to store such property for
more than two (2) months aIlå thereafter may dispose . of such
property in any way it sees fit", upon ten (10) days notice in
writing to Lessee. If ues shall sell such personal property, i -
-~
shall be entitled to charge against the proceeès thereof the
expense of the sale and the cost of the storage.
Lessee shall, whether or not The Þ..mphitheatre Facilities
are othe=-w--ise utilized in any way during the lease period, be
and remain liable for, and agrees to pay ues as partial damages,
all amounts payable by Lessee to ues hereunder. In the event of
a breach or threatened breach by Lessee of any of its ag=eements
or obligations hereunder, ues shall have the right to seek
injunction and the right to invoke any remedy allowed at law or
in equity or otherwise.
(b) In the event that Lessee alleges a material breach of
this Agreement by ues (i) up to one week prior to the Event,
Lessee shall give ues written notice thereof· and ues shall have
the opportunity to remedy such alleged breach within one week
from ues's receipt of such notice; and/or (ii) during the period
commencing with the week prior to the Event through the
conclusion of the Event, Lessee through an authorized
Representative shall give notice thereof personally to the vice
President of Sales and Marketing with written copy to the
Universal Amphitheatre Law Department and thereafter ues shall
have a reasonable amount of time to remedy such alleged breach.
. ¡) .. -I
Page 15 (UA95-
__.n.n..__ .--._~,..._-~----.-~----_.---_..-
(c) The parties hereby conse!lt to the ju.risãiction and
VE:J.ue of the Superior Court of the State of California, COU!lty
of Los .~_"'lgeles and The United - States District
Court I Ce!ltral
District of California for the adjudication of any a!ld all
disputes a.rising out of or relating to this Þ.greement or the
alleged b:::-each the:!:"eof. Any process of such courts issued in
connection with any dispute he:!:"eunder may be served upon eithe:!:"
pa:!:"ty by ha!ld or by certified mail, return receipt requested, to
such pa:!:"ty at the address provided for he:!:"ein, and such se:nrice
shall be of the same-force and effects as if such process were
pe:!:"sonally served within the State of California, County of Los
Þ.ngeles.
13 . T~Y"'S II.ND T.T"'NS
If any monies become due hereunder from UCS to Lessee 0:::-
any assignee or licensee of Lessee, and payme!lt 0:::- t:!:"ansfe:::-
thereof is, or appears to UCS to be, subject to Fede:!:"al or other
governmental licensing, withholding or other restrictive
regulations, UCS shall not be obligated to pay over or transfer
said monies unless and until UCS shall have been satisfied by
Lessee that UCS may lawfully pay over or t:!:"ansfer such monies in
compliance with such regulations.
14. IINCTT_T_~.RV RIGHTS
Lessee agrees that it shall not authorize the live audio
or audiovisual broadcasting of the Eve!lt nor authorize the
recordation, whether by means of tape, film or any other means
of audio or audiovisual recordation of the Event. Lessee
wa:!:"rants that Lessee has not he:!:"etofore authorized such rights.
UCS, in addition to any othe:!:" rights and remedies it may have,
shall have the right to terminate this Agreement in the event of
any breach by Lessee of such agreement or warranty.
a. UCS agrees that Lessee may authorize the live audio
or audiovisual broadcasting or re~broadcasting of the Event or
authorize the recordation, whether by means of tape, film or any
other mea:lS of audio or audiovisual recordation of the Event,
provided Lessee pays all costs associated with such
broadcasting, re-broadcasting and/or recordation, including but
not limited to bargaining agreements. Lessee agrees to include
at least one (1) co=tesy credit at the begi=ing of the Event
and at the conclusion of the Even t, i.e. , -LIVE FROM THE
Page 16 ¿J ()- L/S (UA95-
.--....--.,--.-- ".--..- ---_._-----------~-"---
UNIVERSAL AMPET~n.TRE" . In addition, the same credit must be
included in all print advertising, including but not limited to
programs, however ues acknowledges Lessee does not control
network's advertising of the Event.
b. Lessee grants to UCS the right to make audio and/or
visual recordings and photographs of the Event for non-
exhibition purposes. Such recordings or photographs may be used
by UCS solely for archival purposes or in co=ection with any
promotional or sales efforts (including related advertising) to
sec=e rentals of the AIDphi thea tre Facili ties. Except in
connection wi th. the prior two (2) sentences or as otherwise
stated herein, ues will not use the name or likeness of any
artist at the Event. In co=ection with such promotional Or
sales efforts, Lessee grants to UCS the right to use the names,
likenesses and logos of Lessee. UCS will not use Lessee's
tradenarks without receiving prior approval to do so. For any
or all 0: the foregoing purposes, Lessee agrees to afford all
necessary access, facilities and assistance to UCS and its
licensees and designees; and UCS will reimburse Lessee for any
documented out-of-pocket costs incurred therefor, if any.
15. '!"t.'"1:" AMPt<T'T'«E.J\'T't!t:' "'ACTT,T'T"TES
UCS represents and Lesse~ acknowledges that the
Amphitheatre's capacity is 6,251 seats. Lessee has examined The
Þ-JnPhitheatre Facilities a-'T'J.d is satisfied that they are in good
repair .. Lessee he=eby approves and accepts the Amphitheat=e
sound ....,..,,.:; lighting systems a!1d physical characteristics of the
c:...;....__
stage and ancillary facilities. Lessee he=eby agrees that
performers may use such sound anå lighting systems for the
Event. Mixing console is located mid-house. Lessee may consult
with the Amphitheatre production s........ç.ç regarding any special
I..C::U..J..
sound, lighting and/or stage, set d=essing and/or property
requirements, if any; and Lessee he=eby agrees to pay all costs
incur=ed as a =esult of such requirements. ues shall fu=nish
all electrical needs for such items as heat, ....: ,... cooling and
"'-'--
illumination to The Amphitheatre Facil i ties with the permanent
equipment with which the Amphitheatre is equipped at such times
and in such amount as shall be =easonably necessary in ues's
best business judgment, which shall be conclusive, for the
comfortable use and occupancy of The Amphitheatre Facilities,
except when prevented by strikes, accidents or other causes
beyond the control or prevention of ues and except during any
Page 17 d () - Lfþ (UA95-
_ _ __~,_ .,' __.'_.m'._.__,'._,__ _______"
--
necessary repairing of equipment and apparatus required
therefor.
16 . EM'DT .()V,:;"~s
It is expressly unåerstood 2..:.'"1å agreed that Lessee is, in
fac~, ~he employer of i~s employees anà performers ~~à is
exclusively responsible for ~he paymen~ of any compensa~ion
resulting from the Event, it being unàerstooà that Lessee shall
reimburse UCS in connection wi~h all ~Jnphithea~re employees
hereunàer. It is fur~her unàerstooà ~~à agreeà ~hat Lessee
shall be responsible for any ~~à all obligations normally anà
customarily e..xisting in an Employer/Employee relations hiD
incluàing but not limiteà to AF of M anà EPW Pension anà Welfare
anà other payments maàe necessary by ~he services of Lessee's
employees or performers: worker's compensation; social security;
unemployme..~~ insurance; feàeral anà s~a~e taxes, etc. Lessee
shall pay fOr all Pension, Heal~h, Welfare, vacation pay, FICA,
SDI anà State anà Feàeral taxes, anà the hanàling costs thereof,
applicable to all Amphitheatre employees, e. g . , stage crew, _
ushers, parking attenàants, housekeepers, maintenance anà
security. In the .event any minor is scheàuleà to appear, Lessee
shall comply with California Labor anà Civil Coàes.
17. T·2IEOR ~GREEMENI'!,;
Lessee shall not perform ~~y work or employ any personnel
in connection with the Event except if such work or employment
conforms to labor agreements to which UCS is a party or which
control labor activities at the Amphitheatre. At Lessee's
request, UCS will aàvise Lessee of pertinent provisions of such
labor agreements.
18. MEDTC.2IL SERVICE
If Lessee or its agents, representatives, officers,
àirectors, employees, invitees, performers or participants in or
about UCS's premises shall at any time accept. or use the
services of a physician or surgeon, or accept or use an
ambulance service or any service in connection with an injury or
sickness occurring to any person or persons while within or
about the lU!1phitheatre or Universal Stuàios àuring the term
contemplateà unàer this Agreement, even though such service or
services may be maàe available or be obtaineà through UCS,
Lessee accepts full responsibility for the acts anà conàuct, or
"7
:.jJ. 1
Page 18 (/ (UA95-
....--.--- --- ------------.--.---+------.-..,.
se::-v-ices ::-e!ldered, of any physician 0::- surgeon 0::- arnbula.:1ce
se:-lTice 0::- ot.her service, and will hold Des haz:mless from all
responsibilit.y or liabilit.y t.he::-efo::-.
19. ",::'ORC~ Mn.JEURE
If t.he Event. or any port.ion the:!:'eof ' " delayed 0::-
-'--
preve!lted by ::-eason of fire, threat.ened or act.ual strike, labo::-
àifficulty, work st.oppage, insurrection, war, public àisaster,
flood unavoidable casualty, act of God or the elements, 0::- an
ot.he::- cause beyond the control of DeS (whet.her of a similar or
àissimilar nature) , or if the Event or any portion t.he::-eof is
delayed or prevented by reason of the enactment, issuance 0::-
enfo::::ement of any law, ordinance, 0::- executive, judicial,
adrnizlist=ative or other governme!ltal order t decree, ::-egulation,
judgment or arbit=ation award (includi!lg but not limited to any
such enactme..'TJ t, issuance or enforcement which would result in
the ~empora=-.:l or permanent closing of the Amphitheatre) , Des may
te=:r.inat.e this Agreement without liability to Lessee 0:::- other
t.:~i=::' pë.~ies i a!ld Lessee shall pay for Des's out of pocket
expe-'"lses in con.l1.ection with the Event within ten 0.0) business
days -&-0"- Lessee's receipt of a DeS accounting s-catement in
c.J..~__
regard thereto (or, if such force majeu:::-e termination should
occur after ues has received the Expense Deposit he::::-eunder, ues
shall èeduct its said out of pocket expenses therefrom anã
re::u..."1d the balance to Lessee along with said Des accounting
sta~ement:) .
20. NC'1'Tc-""'S
Þ.ny notice desired 0:::- ::-equired to be give!l to Lessee
pu=s1.lant to this Agreement shall be given personally to Lessee's
Rep:::-esentative or by mail, postage and fees prepaid, or
facsimile addressed to Lessee as provided hereinabove, or such
othe::- address as Lessee may hereafter designate in writing; the
èate of service of such mailing or facsimile shall be deemed the
date of service of such notice. "Any notice desired or required
to be give~ to DeS pursuant to this Ag:::-eement shall be delivered
to Des in writing by mail, postage and fee prepaid, or facsimile
add:::-essed to Des at 100 Universal City Plaza,' -Universal City,
California, 91608 marked for the attention of the Vice President
of Sales and Marketing, with a copy addressed to the attention
of the Universal Amphitheatre Law Department, 0:::- such other
address as DeS may hereafter designate in writing.
) 2
Page 19 (UA9S-
--.""'..-.-. ....... -_.-.._~---
-
21. MTSC:é:T.T·Z>.NEOUS
This A~eement will be governed by, construed and enforced
in accoràance with the laws of the State of California
applicable to agreements executeà and to be wholly perfo:rnted
therein. The invalidity or illegality of any part of this
Þ~s-r=~ment shall not affect the validity or force of any other
pa:!:'t of this Agreement. Lessee shall not assign, transfer nor
encumber, directly or indÜ'ectly, any of its rights or
.
obligations under this Agreement nor permit The Amphitheatre
Facilities to be used by others. The parties hereto are acting
as independent contractors, and this Agreement shall not create
a partnership. A waiver by either Lessee or UCS in any one
instance shall be restricted to its particular scope and shall
not be deemed or construed to be a. waiver of such t e:rnt or
condition for the future or of any subsequent breach thereof.
1Ül remedies I rights, undertakings, obligations and agreements
contained herein shall be cumulative; and none of them shall be
in limitation of any other remedy, right, undertaking,
obligation or agreement of eith~r Lessee or UCS.
"LESSEE" UNIVERSAL CITY STUDIES, INC.
dba UNIVERSAL AMPHITHEATRE
By: By:
Authority Signatory Authority Signatory
.,
/ J ."
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Page 20 (UA9S-
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ATTACHMENT C
PROPOSED AMENDMENTS TO THE SUBLEASE RELA TlNG TO THE
PERFORMING AND VISUAL ARTS TASK FORCE
Current Reading:
11.2 Sublandlord's Use of the Amphitheater. On up to eighteen (18) days per calendar year,
Subtenant shall grant Sublandlord a license to use the amphitheater facility to be constructed on the Leased
Premises for civic events, such as graduation and award ceremonies and religious seIVices. Snblandlord
shall not use the amphitheater facility for events or activities that are similar to or competitive with the
types of activities nonnally conducted at the amphitheater by Subtenant.
Prooosed Reading:
11.2 Sublandlord' s Use of the Amphitheater. On up to eighteen (18) days per calendar year,
Subtenant shall grant Sublandlord a license to use the amphitheater facility to be constructed on the Leased
Premises for civic events, such as graduation and award ceremonies and religious seIVices. The
Peñorming and Visual Arts Task Force established in Section 11.7.2 of this agreement shall act on
behalf of the sublandlord to approve applicants who request use of the eighteen (18) days.
Sublandlord shall not use the amphitheater facility for events or activities that are similar to or competitive
with the types of activities nonnally conducted at the amphitheater by Subtenant.
Current Reading
11.7.2 Funds from time to time deposited with Sublandlord as provided above would be
administered by an advisory commission having no more than seven members established and appointed by
the Chula Vista City Council. At least one member of the commission shall be a designee of Subtenant.
Final decisions concerning the use of such funds would be made by the Chula Vista City Council. based
upon the recommendations of the commission.
Proposed Reading
II. 7.2 Funds from time to time deposited with Sublandlord as provided above would be
administered by an advisory commission to be known as the "Peñorming and Visual Arts Task Force",
having no more than seven (7) members, established and appointed by the Chula Vista City Council. At
least one member of the commission shall be a design of subtenant. Final decisions concerning the use of
such funds would be made by the Chula Vista City Council. based upon the recommendations of the
commission.
JJ- 5/
--_.._--.--- ....-,--,---_. -. -~_._--~-"-----_..__.~,,--- .----
Current Reading:
11.7,3 The commission established to administer the perfonning arts fund would be permitted to
use the funds ouly to underwrite the cost of perfonning fine arts presentations (i.e, orchestral, symphonic
or chamber music, opera, live theater and dance, as opposed to visual arts, pop music or other pmposes)
conducted within the boundaries of the City of Chula Vista (including events conducted at the Leased
Premises),
Prooosed Reading:
11.7,3 The commission established to administer the perfonning arts fund would be permitted to
use the funds to underwrite the cost of perfonning fine arts presentations (i,e, orchestral, symphonic or
chamber music, opem, live theater, dance, visual arts, pop music or other pmposes as long as they are non-
commercialized, not for profit performances), These funds could also be used to provide scholarships
or other grants-in-aid for music or fine art. Pop Music as defined for this purpose, would be limited
to concerts or live entertainment events, or similar events, that would not be competitive with the
types of act1\1ties normally conducted by Universal Concerts,
:JO-C::;;
" J
^" , .. m.__ ... .'..___·M__·_.'___·__··_.___,_·____·_~___
ATTACHMENT D
Individual/Organization Name
City of Chula Vista
Performing and Visual Arts Fund Application Form
Proposal Narrative - Part 1
Background Information
Briefly and concisely answer the following questions in the space provided.
l. Artist Mission: What is your organization's mission?
2. History of the Organization: List and briefly describe the history and major
accomplishments of your organization
3. List the names of your Board of Directors and their position on the Board
Performing and Visual Arts Fund Application (/'J (/ - 53 Page I
._~._..._-~.._---_.._._._..._.._-- -. .--,-...,.- ---'---"-"--"-'''-'-__''0-'._-_"------,,--,,, ___~___
Individual/Organization Name
4. Briefly list in order of priority, the following:
A. SHORT TERM GOALS:
B. LONG TERM GOALS:
')0 /''1
Perfonning and Visual Arts Fund Application I -- ¡,-~ Page 2
0' /'
- ----,-,- -----_..__....._._..~-_._--_._....- ---- --- _.._--_.._,_...._,-_.__._-,._,---_._~..".......__.._-
Individual/Organization Name
A. Community Collaborations and Partnerships
B. Sponsorships, other funding sources, including businesses
C. Economic Impact on/to the Community
D. Local and regional arts organizations
Performing and Visual Arts Fund Application JJ~55 Page 3
-.-...,~ . --- --'-'-~----''''"-''''---'~ --- ---~..._-"------_.._--~-------------_.__..-
Individual/Organization Name
Proposal Narrative - Part II
Project Information
1. What is the total amount of money requested nom the City of Chula Vista's
Perfonning and Visual Arts Fund?
2. Describe your project, including as appropriate,
A. The type ofperfonnance(s) or exhibition(s)
B. Proposed Dates
C. The proposed venue(s) or location(s). If available, please provide a
diagram of space to be used for exhibitions
D. The intended audience and projected size of audience
Perfonning and Visual Arts Fund Application cP°·:;6 Page 4
,.n_._, "......_ _......._ _ _ __.__~___~______.""n'·___________
Individual/Organization Name
E. Is the perfonnance or exhibition open to the general public?
F. Will admission be charged, if so, how much?
G. If this is an exhibition, explain your process and selection criteria for
choosing artists to present
H. Other Comments
3. What is the perceived artistic and/or economic impact upon ChuIa Vista?
4. How does your proposal relate to or meet the goals of your organization?
Please attach any relevant samples documenting artistic programming (perfonnances or
exhibitions) in the fonn of slides or video tape or catalog samples of exhibition materials.
"0 ""'.'1
) . /
Performing and Visual Arts Fund Application C Page 5
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Individual/Organization Name
Pr~osal Narrative - Part III
Bu get - Income Information
Contributions, grants and revenues for this project (rounded to the nearest $)
A. Direct Support from Organization/Applicant Amount
1. Budget allocations from applicant/partner
(cash funds) $
2. In-kind services, facilities, materials
(list each major item) $
Describe:
Total $
B. Revenues (ticket sales, program ads, concessions, service fees, etc.)
1. $
2. $
3. $
4. $
Total Revenues $
C. Grants and Contributions
(Asterisk those that are already awarded. Do not include Performing Arts
Funds)
1. $
2. $
3. $
4. $
Total $
Total direct support, revenues and grants for this project $
(Excluding Perfonning Arts Funds)
Summary of estimated costs (recapitulation of items in Expense Section)
Salaries and Wages $
Fees and Others $
Production Expenses $
Program Support $
Total Project Costs $
Total amount requested from the City ofChula Vista
Perfonning and Visual Arts Funds $
c~~ ')
;Jlì..J
Perfonning and Visual Arts Fund Application _ i/j Page 6
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Individual/Organization Name
Return this application to: Ric Todd,
Cultural Arts Coordinator
City of Chula Vista
365 F Street
Chula Vista, CA 91910
(619-585-5627
~""~ ","'"
'() (',,1
'/ "~(
Perfonning and Visual Arts Fund Application ~' . Page 7
/'
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ATTACHMENT " E
Application Form to Apply' for Community Use Days
at the Coors Amphitheater
Performing and Visual Arts Group- Artist Reservation Form
Organization Name
Contact Person
Street Address
City State Zip Code
Phone (Home) Business Fax
Please include a detailed statement/description about your organization
Description of the proposed perfonnance
Please indicate type of perfonnance - Dance - Music
- Theater - Other
Type of electrical/sound needed:
Preferred time/date
Are you a tax exempt organization/individual? Yes [ ] No [ ]
Will this be a "for profit" event? Yes [ ] No [ ]
Please list any co-sponsors
Send to: Ric Todd, Cultural Arts Coordinator
City of Chula Vista
365 F Street
Chula Vista, CA 91910
(619) 585-5627
c?l'ì - t ()
V t
-, ,---.------- ------ -._---- -- -.....---------. - .,--.-----..-.-.--''^-.....--- .-----------
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE
SUBLEASE BETWEEN THE CITY OF CHULA VISTA AND
HOUSE OF BLUES CONCERTS, INC. RELATING TO THE
PERFORMING AND VISUAL ARTS TASK FORCE; THE
APPLICATION AND DISBURSEMENT PROCESS OF FUNDS
FROM A PORTION OF TICKET SALES AT THE COORS
AMPHITHEATER; THE ALLOCATION PROCESS FOR THE
COMMUNITY USE DAYS; AND AUTHORIZING STAFF TO
PREPARE A FORMAL AMENDMENT FOR EXECUTION BY
THE MAYOR; AND AMENDING THE FY 99/00 BUDGET BY
APPROPRIATING UNANTICIPATED REVENUE IN THE
AMOUNT OF $64,422 TO THE LIBRARY AND
RECREATION DEPARTMENT BUDGET FOR EXPENDITURES
ASSOCIATED WITH THE PERFORMING ARTS FUND
WHEREAS, in 1997, the City Council approved a Sublease
with House of Blues Concerts, Inc. which established a process
whereby ticket sales proceeds at Coors Amphitheater would be paid
to the City and utilized for a Performing Arts Fund; and
WHEREAS, the City was granted a license to use the
amphitheater facility for eighteen (18) calendar days per year; and
WHEREAS, in February 1999, a Task Force appointed by the
Mayor began drafting criteria for the allocation of the Performing
Arts Fund and the Community Use Days, as well as a process to
administer these allocations; and
WHEREAS, the Task Force has now completed these tasks.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve the amendments to the
sublease between the city of Chula vista and House of Blues
Concerts, Inc. relating to the Performing and Visual Arts Task
Force on the terms presented, and authorizes staff to prepare
formal amendments for execution by the Mayor.
BE IT FURTHER RESOLVED that the City Council does hereby
approve the application and disbursement process for granting of
funds from a portion of ticket sales at Coors Amphitheater on the
terms presented.
BE IT FURTHER RESOLVED that the City Council does hereby
approve the allocation process for the Community Use Days on the
terms presented.
BE IT FURTHER RESOLVED that the city Council does hereby
amend the FY 99/00 budget by appropriating unanticipated revenue in
the amount of $64,422 to the Library and Recreation Department
budget for expenditures associated with the Performing and Visual
Arts Fund.
Presented by Approved as to form by
)
David Palmer, Library and
Recreation Director
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I
C:=C~NT 0 S
SUBLEASE - AMENDED AND RESTATED ~ S·
_ -,::'--- C
1. PARTIES. 0
This amended and restated sublease, dated December 9, 1999, is S
made between THE EASTLAKE COMPANY, LLC ("Sublessor"), and the S
CITY OF CHULA VISTA, a chartered municipal corporation of the 0
State of California ("Sublessee"). t
p
2. MASTER LEASE. S
Sublessor is the Lessee under a written lease dated March 25, 1
1987, wherein 900 Lane Avenue Partners ("Lessor") leased to
Sublessor the real property located in the City of Chula Vista, 6. RENT
County of San Dieqo, State of California, described as 900 Lane S
Avenue, Suite 100, Chula Vista, California 91914 ("Master d
Premises"). Said lease has been amended by the following 1
amendments: First Amendment dated December 22, 1989; Second d
Amendment dated December 10, 1999; said lease and amendments are f
herein collectively referred to as the "Master Lease" and are i
attached hereto as Exhibit "A". 0
$
3. PREMISES. P
Sublessor hereby Subleases to Sublessee on the terms and (
conditions set forth in this Sublease the following portion of $
the Master Premises ("Premises"): Approximately 3,319 square feet (
comprising of one (1) reception area, eight (8) private offices f
and two (2) open areas as shown on Exhibit "B". The Premises are I::
divided into three distinct areas, (A) comprising of three s
private offices and reception area totaling 735 square feet, (8)
comprising of two (2) private offices and one (1) open area 7. SECU
totaling 891 square feet, and (C) comprising of three (3) private S
offices and one (1) open area totaling 1,693 square feet. t
Additionally, Sublessor has agreed to share kitchen privileges t
with Sublessee as part of the common area of the premises. c
Furniture included as part of the Sublease are listed on Exhibit S
"c". E
,
4. WARRANTY BY SUBLESSOR. [
Sublessor warrants and represents to Sublessee that the Master t
Lease has not been amended or modified except as expressly set E
forth herein, that Sublessor is not now, and as the commencement c
of the Term hereof will not be, in default or breach of any of I
the provisions of the Master Lease, and that Sublessor has no 2
knowledge of any claim by Lessor that Sublessor is in default or
breach of any of the provisions of the Master Lease. E
,
5. TERM. t
The term of this Sublease for all areas (A), (8) and (C) shall ~
commence January 1, 2000 ("Commencement Date"), or when the Ì
Lessor consents to this Sublease (if such consent is required ~
under the Master Lease), whichever shall last occur. The 1
expiration of this Sublease is December 31, 2004 for area (A), 1
and December 31, 2001 for areas (S) and (C). Sublessee may
exercise three (3) one year options to renew areas (8) and (C); 1
however, when exercising a renewal option, in order for Sublessee 1
to sublease area (B), area (CJ must be subleased by Sublessee
first. In the event the Term commences on a date other than the :
Commencement Date, Sublessor and Sublessee shall execute a
memorandum setting forth the actual date of commencement of the
Term. Possession of the Premises ("Possession") shall be
delivered to Sublessee on the commencement of the Term. If for 8. USE
~ny reason the Sublessor does not deliver Possession to Sublessee
on the commencement of the Term, Sublessor shall not be subject
to any liability of such failure, the Termination Date shall not
be extended by the delay, and the validity of this Sublease shall
not be impaired, but rent shall abate until delivery of
Possession. Notwithstanding the foregoing, if Sublessor has not 9. ASS
delivered Possession to Sublessee within thrity (30) days after
the Commencement Date, then at anytime thereafter and before
delivery of Possession, Sublessee may give written notice to
Sublessor of Sublessee's intention to cancel this Sublease. Said
notice shall set forth an effective date for such cancellation
which shall be at least ten (10) days after delivery of said 10. OT
notice to Sublessor shall remain in full force and effect. If
Sublessor delivers Possession on or before such effective date,
this Sublease shall remain in full force and effect. If
/;2. - (
Sublessor fails to deliver Possessio~ to Sublessee on or before
such effective date, this Sublease shall be cancelled, in which
case all consideration previously paid by Sublessee to Sublessor
on account of this Sublease shall be returned to Sublessee, this
Sublease shall thereafter be of no further force or effect, and
Sublessor shall have no further liability to Sublessee on account
of such delay or cancellation. If Sublessor permits Sublessee to
take Possession prior to the commencement of the Term, such early
possession shall not advance the Termination Date and shall be
subject to the provisions of this Sublease, including without
limitation the payment of rent.
6. RENT.
Sublessee shall pay to Sublessor as minimum rent, without
deduction, cutoff, notice, or demand, at 900 Lane Avenue Ste.
100, Chula Vista, CA 91914 or such other place as Sublessor shall
designate from time to time by notice to Sublessee, the sum of
four thousand nine hundred twelve dollars ($4,912.00) per month,
in advance on the first day of each month of the Term, through
December 31, 2001. Thereafter, the rent for area (AI will be
$1.48/square foot or one thousand eighty-eight dollars ($1,088)
per month through December 31, 2004. Should options for areas
(S) and (e) be exercised after December 31, 2001, rent will be
$1.48/square foot or one thousand three hundred nineteen dollars
($1,319) per month for area (S) and two thousand five hundred
five dollars ($2,505) per month for area (e) . All rents include
base rent, community area maintenance, utilities and janitorial
services.
1l.
7. SECURITY DEPOSIT.
Sublessee shall increase the deposit with Lessor the sum of three
thousand sixty-four dollars ($3,064.00) , the difference between
the adjusted monthly rent and the one thousand seven hundred
dollars ($1,700.00) currently on deposit with the Sublessor. If
Sublessee fails to pay rent or other charges when due under this
Sublease, or fails to perform any of its obligations hereunder,
Sublessor may use or apply all or any portion of the Security
Deposit for the payment of any rent or other amount then due
hereunder and unpaid, for the payment of any other sum for which
Sublessor may become obligated by reason of Sublessee's default
or breach, or for any loss or damage sustained by Sublessor as a
result of Sublessee's default or breach. If Sublessor so uses
any portion of the Security Deposit, Sublessee shall, within ten
(10) working days after written demand by Sublessor, restore the
Security Deposit to the full amount originally deposited, and
Sublessee's failure to do so shall constitute a default under
this Sublease. Sublessor shall not be required to keep the
Security Deposit separate from its general accounts, and shall
have no obligation or liability for payment of interest on the
Security Deposit. In the event Sublessor assigns its interest to
this Sublease, Sublessor shall deliver to its assignee so much of
the Security Deposit as is then held by Sublessor. Within ten
(10) days after the Term has expired, or Sublessee has vacated
the Premises, or any final adjustment pursuant to section 6 has
been made, whichever shall last occur, and provided Sublessee is
not then in default of any of its obligations hereunder, the
Security Deposit, or so much thereof as had not therefore been
applied by Sublessor, shall be returned to Sublessee or to the
last assignee, if any, of Sublessee's interest hereunder.
8. USE OF PREMISES.
The premise shall be used and occupied only for office use and
for no other use or purpose. Establishment of a satellite office
to be used for issuing minor building permits falls within the
scope of the intended office use.
g. ASSIGNMENT AND SUBLETTING.
Sublessee shall not assign this Sublease or further sublet all or
any part of the premises without prior written consent of
Sublessor (and the consent of Lessor, if such is required under
the Terms of the Master Lease).
10. OTHER PROVISIONS OF SUBLEASE.
All applicable terms and conditions of the Master Lease are
incorporated into and made a part of this Sublease as if
Sublessor were the Lessor thereunder, and the premises, except
/:2- - '\
for the following: 1) Any extension of the Term shall be at
Sublessor's sole and absolute discretion except to the extent
sublessee may exercise the renewal options on areas IB) and IC).
Sublessee assumes and agrees to perform the Lessee's obligations
under the Master Lease during the Term to the extent that such
obligations are applicable to the Premises except that the
obligation to pay rent to Lessor under the Master Lease shall be
considered performed by the Sublessee to the extent and in the
amount rent is paid to Sublessor in accordance with Section 6 of
this Sublease. Sublessee shall not commit or suffer any act of
omission that will violate any of the Provisions under the Master
Lease. Sublessor shall exercise due diligence in attempting to
cause Lessor to perform obligations under the Master Lease for
the benefit of Sublessee. If the Master Lease terminates, this
Sublease shall terminate and the parties shall be relieved of any
further liability or obligation under this Sublease, provided
however, that if the Master Lease terminates as a result of a
default or breach by Sublessor or Sublessee under this Sublease
and/or the Master Lease, then the defaulting party shall be
liable to the nondefaulting party for the damage suffered as a
result of such termination. Notwithstanding the foregoing, if
the Master Lease gives Sublessor any right to terminate the
Master Lease in the event of the partial or total damage,
destruction, or condemnation of the Master Premises or the
building or project of which the Master Premises are a part, the
exercise of such right by Sublessor shall not constitute a
default or breach hereunder.
11. DEFAULT.
11.1 Notice and Remedies. In the event Sublessee fails to pay
Rent or to perform any of Sublessee's other obligations under
this sublease, or any part of this Sublease, when due or called
for under this Sublease, Sublessee shall be in default.
Sublessee shall have a period of three 13) days after service of
written notice by Sublessor specifying the nature of Sublessee's
default within which to cure such default, provided that if the
nature of a non-monetary default is such that it cannot be fully
cured within said three-day (3-day) period Sublessee shall have
additional time as may be reasonably necessary to cure such
default so long as Sublessee proceeds diligently at all times to
complete said cure. Sublessee agrees that a notice served in
accordance with the provisions of California CODE OF CIVIL
PROCEDURE 1161, as it may be from time to time be amended, will
constitute compliance with the notice requirements of this
paragraph. If Sublessee fails to cure any such defaúlt in a
timely manner, Sublessee shall be in breach of this Sublease,
and Sublessor may, with or without further notice or demand of
any kind, at its options:
la) Terminate Sublessee's right to possession of the Premises
because of such breach and recover from Sublessee all damages
allowed under 1951.2 of the California CIVIL CODE, including,
without limitation, the worth at the time of the award of the
amount by which the unpaid rent for the balance of the Term 12. ]I,
after the time of the award exceeds the amount of such rental
loss for the same period that Sublessee proves could be
reasonably avoided; or Ib) Not terminate Sublessee's right to
possession because of such breach, but continue this Sublease
in full force and effect; and in that event (i) Sublessor may
enforce all rights and remedies under this Sublease and under 13. J
the provisions of 1951.4 of the California CIVIL CODE,
including the right to recover the Rent and all other amounts
due under this Sublease as such Rent and other amounts become
due under this Sublease; and Sublessee may assign its
interest in this Sublease with Sublessor's prior written 14. }
consent, which consent shall not be unreasonably withheld.
11.2 Sublessee's Property. In the event of default, all of
Sublessee's property shall remain on the Premises and in the
event, and continuing during the period said default remains
uncured, Sublessor shall have the right to take exclusive
possession of Sublessee's property and to use it rent or charge
f:=-ee, until all defaults are cured or, at Sublessee's option, to
require sublessee forthwith to remove any and all of Sublessee's
p:=-operty; and if Sublessee fails to do so, Sublessor may remove
1:2 -tr
--_.~ --_..~._---
any such property and place such property in storage in a public
warehouse at the cost and risk of Sublessee.
11.3 Notice of Termination. No re-entry or reletting of the
Premises shall be construed as an election by Sublessor to
terminate Sublessee's right to possession of this Sublease unless
a written notice of such intention is given by Sublessor to
Sublessee; and notwithstanding any such reletting without such
termination, Sublessor may at any time thereafter elect to
terminate Sublessee's right to possession and this Sublease in
the event that at such time Sublessee remains in default under
this Sublease.
11.4 Waiver of Notice; Performance of Sublessor. Notwithstanding
any provision of this Paragraph II, (a) if Sublessee is required
to comply with any governmental requirement, Sublessee shall not
be entitled to notice of default from Sublessor or any right to
cure beyond the period within which such compliance may be
required by such governmental requirement; or (b) if in
Sublessor's judgement the continuance of any default by Sublessee
for the full period of notice provided for in this Paragraph 11
will jeopardize the Premises or the rights of Sublessor,
Sublessor may, with or without notice, elect to perform those
acts with respect to which Sublessor is in default for the
account and at the expense of Sublessee; or (c) with respect to
provisions of this Sublease which expressly provide that this
Sublease may be terminated effective on service of notice,
Sublessee shall be entitled to a right to cure only if a right to
cure is required by law. If by reason of such default by
Sublessee, Sublessor is compelled to payor elects to pay any sum
of money, including, but without limitation, reasonable
attorney's fees, such sum or sums so paid by Sublessor, with
interest thereon from the date of such payment at the rate
provided in this Sublease, shall be due from Sublessee to
Sublessor on the first day of the month next following such
payment by Sublessor.
11.5 Interest. Any amount owed to Sublessor under the terms and
provisions of this Sublease which is not paid when due shall bear
interest at the highest rate allowed by applicable law from the
date the same becomes due and payable by the terms and provisions
of this Sublease until paid, unless otherwise specifically
provided in this Sublease.
11.6 Other Remedies. Nothing contained in this Sublease shall
limit Sublessor to the remedies set forth in this Paragraph 11.
Upon Sublessee's default or breach, Sublessor shall be entitled
to exercise any right or remediy then provided by law, including,
but not without limitation, the right to obtain injuncture relief
and the right to recover all damages caused by Sublessee's
default or breach in the performance of any of its obligations
under this Sublease.
12. ATTORNEY'S FEES
If Sublessor, Sublessee, or Broker shall commence an action
against the other arising out of or in conjunction with this
Sublease, the prevailing party shall be entitled to recover its
cost of suit and reasonable attorney's fees.
13. AGENCY DISCLOSURE.
Sublessor and Sublessee each warrant that they have dealt with no
real estate broker in connection with this transaction for which
a comæ.ission is due.
14. NOTICES.
All notices and demands which mayor are to be required or
permitted to be given by either party on the other hereunder
shall be in writing. All notices and demands by Sublessor to
Sublessee shall be sent by United States Mail, postage prepaid,
addressed to the Sublessee at the Premises, and to the address
herei~~elow, or to such other place as Sublessee may from time to
time designate in a notice to the Sublessor. All notices and
demands by the Sublessee to Sublessor shalt be sent by United
States Mail, postage prepaid, addressed to the Sublessor at the
address set forth herein, and to such other person or place as
/02 -7
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