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Home My WebLink AboutAgenda Packet 2005/12/06 I declare under penalty of perjury that I am employed by the City 01 Chula Vista in the , ~ I Office of the City Clerk and that I posted this ~ ~ nt on the bulletin board according t(~-:: r~~ements. Ie ~~ ~~ J'NJ/~J~lgne~it~'f1E tA6~~lsrA Stephen C. Padilla, Mayor Patty Davis, Council member David D. Rowlands, Jr., City Manager John McCann, Council member Ann Moore, City Attorney Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk Steve Castaneda, Councilmember December 6, 2005 4:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE: Karina Liston - Youth Commission Elizabeth Vargas - Youth Commission Bill Richter - Charter Review Commission . INTRODUCTION BY DANA SMITH, ASSISTANT CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR, OF THE EMPLOYEE OF THE MONTH, MARY DONNELLY, SENIOR ADMINISTRATIVE SECRETARY, COMMUNITY DEVELOPMENT CONSENT CALENDAR (Items I through 15) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. I. APPROVAL OF MINUTES of November 15, 2005. Staff recommendation: Council approve the minutes. 2. ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE SEVEN; SECOND READING) Council previously adopted a Resolution of Intention to establish Community Facilities District No. 13-1 (CFD 13-1) and to declare the necessity to incur bonded indebtedness. A special election of the eligible property owners was held on November 1, 2005 to vote on the formation of CFD 13-1. Adoption of the ordinance authorizes the levy of a special tax in CFD 13-1. This ordinance was introduced November 22, 2005. (City Engineer) Staff Recommendation: Council adopt the ordinance. 3. . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE STATEWIDE GREENHOUSE GAS REDUCTION TARGETS In his Environmental Action Plan, Governor Schwarzenegger set forth his Administration's goal to make California a leader in efforts to reduce global warming. Accordingly, on June 1, 2005, the Governor signed an executive order establishing statewide greenhouse gas emission targets and directed the Secretary of the California Environmental Protection Agency to lead the effort to achieve these targets. The proposed resolution supports the Statewide Greenhouse Gas Reduction Targets. (Intergovernmental Affairs Coordinator) Staffrecommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2006 The Internal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document, and that the employer adopt the plan document annually. Adoption of the resolution fulfills this requirement. (Human Resources Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE ABANDONMENT OF AN IRREVOCABLE OFFER OF DEDICATION FOR ROADWAY PURPOSES LOCATED AT 617 NAPLES STREET The owners of the 617 Naples Street have requested that the City abandon an existing Irrevocable Offer of Dedication for Roadway Purposes lying across the easterly 30 feet of their property. (City Engineer) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING TIME LIMITED PARKING ON EAST PALOMAR STREET BETWEEN SANTA CORA AVENUE AND VISTA SONRISA Page 2 - Council Agenda http://www.chulavistaca.gov December 6, 2005 Adoption of the resolution approves a combination of ten-minute and one-hour time limited parking on the south side of East Palomar Street from Santa Cora Avenue to Vista Sonrisa to serve the parking needs of the mixed-use development in the area. (City Engineer) Staff recommendation: Council adopt the resolution. 7 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT BETWEEN MCMILLIN OTAY RANCH, LLC, AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF PUBLIC RIGHT-OF-WAY WITHIN MCMILLIN OTAY RANCH VILLAGE SEVEN "A" MAP, R-IA, R-lB, R-5; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT BETWEEN MCMILLIN OTAY RANCH, LLC, AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF PUBLIC RIGHT-OF-WAY WITHIN MCMILLIN OTA Y RANCH VILLAGE SEVEN R-6 AND R-7, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolutions approves grant of easements, license and maintenance agreements for privately maintained public property within Otay Ranch Village Seven. (City Engineer) Staff recommendation: Council adopt the resolutions. 8 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT BETWEEN YACOEL INVESTMENTS, LLC AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF PUBLIC RIGHT-OF-WAY ALONG THE FRONTAGE OF THE CROSSINGS SHOPPING CENTER; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LANDSCAPE MAINTENANCE PROVISIONS AGREEMENT BETWEEN CALTRANS AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF CALTRANS RIGHT-OF-WAY ALONG THE FRONTAGE OF THE CROSSINGS SHOPPING CENTER; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The project is located at the southeast corner of Main Street and I-80S, and will consist of a Kohl's department store as well as smaller commercial vendors. Adoption of the resolutions approves grant of easements and maintenance agreements along with a landscape maintenance provisions agreement between the City and CALTRANS. These agreements set forth specific obligations and responsibilities for the maintenance of certain landscaping improvements and facilities adjacent to the project. (City Engineer) Staff recommendation: Council adopt the resolutions. Page 3 - Council Agenda http://www.chulavistaca.gov December 6, 2005 9 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 0]-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-II AND R-12; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE II, NEIGHBORHOODS R-II AND R-12 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT 01-11, OTAY RANCH VILLAGE II, NEIGHBORHOODS R-II AND R-12 Adoption of the resolution approves the final map for Neighborhoods R-11 and R-12, a subdivision of Otay Ranch Village II (Windingwalk). Neighborhoods R-11 and R-12 consist of 91 single family detached lots and 7 Home Owner's Association-maintained open space lots. (City Engineer) Staff recommendation: Council adopt the resolutions. 10 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-13 AND R-14; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTA Y RANCH VILLAGE II, NEIGHBORHOODS R-13 AND R-14 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-13 AND R-14 Adoption of the resolutions approves the final map, associated subdivision improvement and supplemental subdivision improvement agreements, grant of easements and maintenance agreement for Neighborhoods R-13 and R-14, a subdivision of Otay Ranch Village 11 (Windingwalk). The subdivision consists of 108 single-family detached lots and 13 Home Owner's Association-maintained open space lots. (City Engineer) Staff recommendation: Council adopt the resolutions. II A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-15 AND R-16; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE II, NEIGHBORHOODS R-15 AND R-16 Page 4 - Council Agenda http://www .chulavistaca.gov December 6, 2005 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT 01-11, OTAY RANCH VILLAGE II, NEIGHBORHOODS R-15 AND R-16 Adoption of the resolutions approves the final map for Neighborhoods R-15 and R-16, a subdivision of Otay Ranch Village 11 (Windingwalk). Neighborhoods R-I5 and R-16 consist of 126 Single family detached lots and II Home Owner's Association-maintained open space lots. (City Engineer) Staffrecommendation: Council adopt the resolutions. 12 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE II "A" MAP NO.3; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS PUBLIC STREETS AND EASEMENTS; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH, VILLAGE l1"A" MAP NO. 3 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING AND SETTING ASIDE CERTAIN CITY-OWNED REAL PROPERTY AS RIGHT-OF-WAY FOR STREET AND PUBLIC UTILITY PURPOSES FOR HUNTE P ARKW A Y C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR OT A Y RANCH VILLAGE 11 "A" MAP NO.3 Adoption of the resolutions approves the "A" map for the third phase of Otay Ranch Village 11, Windingwalk. The developer for the project is Brookfield Shea Otay, LLC. This map creates other "super block" lots that will be further subdivided with "B" maps. The development is primarily residential except for one planning area, which will become a middle school. The joint use agreements associated with this map provide for the creation of right of way for Hunte Parkway, Eastlake Parkway, Discovery Falls Drive, Exploration Falls Drive and Crossroads Street. (City Engineer) Staffrecommendation: Council adopt the resolutions. 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EXECUTED MILLS ACT CONTRACTS BETWEEN THE CITY OF CHULA VISTA AND THE OWNERS OF THE HISTORIC PROPERTIES LOCATED AT 170 CYPRESS STREET AND 10 SECOND AVENUE, AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACTS Adoption of the resolution approves Mills Act contracts with owners of historic homes, and once recorded, the properties will be eligible for tax credit in the next assessed tax year. (planning and Building Director) Staff recommendation: Council adopt the resolution. Page 5 - COWlcil Agenda http://www.chulavistaca.gov December 6, 2005 14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AFFORDABLE HOUSING TRANSFER AGREEMENT RELATED TO OTAY RANCH VILLAGE SEVEN BETWEEN THE CITY AND MCMILLIN OTAY RANCH, LLC, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT In accordance with the sectional planning area plan and tentative subdivision map for Otay Ranch Village Seven, McMillin Otay Ranch, LLC (developer) is required to enter into an affordable housing agreement with the City to implement its affordable housing obligation for the project. (Assistant City Manager/Community Development Director) Staff recommendation: Council adopt the resolution. 15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS' MARKET FROM 2:00 P.M. - 8:30 P.M. ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL; AND WAIVING THE BUSINESS LICENSE REQUIREMENT FOR VENDORS PARTICIPATING IN THE DOWNTOWN FARMERS MARKET The Chula Vista Downtown Business Association (DBA) has managed the downtown Farmers' Market on Thursday afternoons since 1991. The event is highly successful, providing a needed service, enhancing the City's cultural activities and drawing more people to the downtown Third Avenue area. Adoption of the resolution approves a two- year extension, allowing the Farmers' Market to continue in its current location until December 31, 2007. (Assistant City Manager/Community Development Director) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. 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. Page 6 - Council Agenda http://www.chulavistaca.gov December 6, 2005 16. CONSIDERATION OF GENERAL PLAN AMENDMENT, REZONE AND TENTATIVE SUBDIVISION MAP, GPA-05-01, PCZ-03-01, AND PCS-03-01, FOR A PROJECT KNOWN AS EL DORADO RIDGE, CHULA VISTA TRACT-03-01, LOCATED ON THE EAST SIDE OF BRANDYWINE AVENUE, EAST OF THE INTERSECTION OF BRANDYWINE A VENUE AND MENDOCINO DRIVE (APPLICANT: CVHI, LLC) Adoption of the proposed ordinance and resolution approves a General Plan amendment, a zoning reclassification, and a tentative condominium subdivision map to subdivide a vacant 11.46-acre lot into two lots, including a 7.22-acre multi-family residential lot for construction of 104 attached condominium town homes, and a 4.24-acre open space lot for preservation of biological resources and steep slopes. (Planning and Building Director) Staff recommendation: Council continue the public hearing to January 10, 2006. 17. CONSIDERATION OF THE 2006/2007 HOUSING AND URBAN DEVELOPMENT GRANT PROGRAMS TIMELINE; THE 2004/2005 PERFORMANCE REPORT; THE CITIZEN PARTICIPATION PLAN; AND THE SECOND AMENDMENT TO THE 2005/2006 ANNUAL ACTION PLAN The City of Chula Vista receives three federal entitlement grants from the Department of Housing and Urban Deve]opment (BUD): Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), and Emergency Shelter Grant (ESG). These funds are to be used for housing and community projects that serve lower income persons. Annually, the City is awarded approximately $3,400,000 in combined federal grant funds. The grant funds are highly regulated and require strict adherence to monitoring and compliance. (Assistant City Manager/Community Development Director) Staff recommendation: Council conduct the public hearing and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CITIZEN PARTICIPATION PLAN, THE SECOND AMENDMENT TO THE 2005/2006 ANNUAL ACTION PLAN, AUTHORIZING SUBMITTAL TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, APPROPRIATING AND ALLOCATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $566,631.01 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND AND $197,413.70 FROM THE AVAILABLE BALANCE OF THE HOME PROGRAM FUND FOR REIMBURSEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TREASURY (4/5THS VOTE REQUIRED) Page 7 - Council Agenda http://www.chulavistaca.gov December 6, 2005 ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. 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. 18. CONSIDERATION OF ACCEPTANCE OF FEDERAL GRANT FUNDS FROM THE FISCAL YEAR 2005 FIREFIGHTER ASSISTANCE SAFER GRANT AND APPROPRIATING FUNDS TO ADD AND PROVIDE TOOLS AND APPAREL FOR SIX FIREFIGHTERS AND THREE CAPTAINS TO STAFF THE LIGHT AND AIR HEAVY RESCUE TRUCK The Fire Department has been awarded a federal grant in the amount of $900,000 from the Fiscal Year 2005 Firefighter Assistance Safer Grant. Funds from this grant will become available to the City in 2006. This grant will be used to offset the costs of hiring six additional firefighters and three fire captains to enable the department to achieve full staffing of the Fire Department's Light and Air Heavy Rescue Truck two years ahead of schedule. (Fire Chief) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $900,000 IN UNANTICIPATED GRANT FUNDS FROM THE FISCAL YEAR 2005 FIREFIGHTER ASSISTANCE SAFER GRANT AND AMENDING THE FISCAL YEAR 2006 FIRE DEPARTMENT BUDGET TO APPROPRIATE $296,590, WHICH INCLUDES A LOCAL MATCH OF $161,590 FROM THE GENERAL FUND TO ADD SIX FIREFIGHTERS AND THREE CAPTAINS TO STAFF THE LIGHT AND AIR HEAVY RESCUE TRUCK AND APPROPRIATING $61,600 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FUND TO OUTFIT THESE POSITIONS WITH THE NECESSARY TOOLS AND WEARING APPAREL (4/5THS VOTE REQUIRED) OTHER BUSINESS 19. CITY MANAGER'S REPORTS 20. MAYOR'S REPORTS . Appointment of Deputy Mayor: John McCann 21. COUNCIL COMMENTS Page 8 - Council Agenda http://www.chula vistaca.gov December 6, 2005 CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957.7). 22. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTIClPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 . Two cases 23. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9( c) . One case 24. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) · In re: The Environmental Trust, Inc. (USBC # 05-02321-LAll) ADJOURNMENT to the Regular Meeting of December 13,2005, at 6:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the Deaf(TDD} at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 9 - Council Agenda http://www.chulavistaca.gov December 6, 2005 MIJ'..'UTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 15, 2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:05 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: Davis (excused) ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE Jerome Sandoval, Child Care Commission. Mr. Sandoval was unable to be present and will be rescheduled for a future agenda. . PRESENTATION BY REPRESENTATIVES OF ELITE RACING REGARDING CITY DEPARTMENT CHALLENGE WINNERS FROM THE 2005 ARTURO BARRIOS RACE Mr. Sun land of Elite Racing thanked the Mayor, Council, City staff and sponsors for their support of the 17th annual Arturo Barrios Race. He then presented the Mayor and Council with two perpetual trophies. Event Manager Elizabeth Cox presented plaques to the City department challenge winners and announced that a reception in their honor would be held at 10 a.m. on Friday in the conference room. CONSENT CALENDAR (Items I through 2) 1. RESOLUTION NO. 2005-365, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $165,000 IN UNANTICIPATED REVENUES FROM THE DEPARTMENT OF CONSERVATION TO STREAMLINE RECYCLING SERVICES FOR MULTI-FAMILY RESIDENTS IN CHULA VISTA (4/5THS VOTE REQUIRED) {-I CONSENT CALENDAR (continued) In July 2005, staff submitted a grant application to the California Department of Conservation, Division of Recycling, Beverage Container Recycling Community Outreach Competitive Grant Program. A total of $1,500,000 was available for distribution, and 13 proposals were awarded. Chula Vista was awarded SI65,000. The funds will be used to streamline the recycling program for multi-family residents (General Services Director) Staffrecommendation: Council adopt thc resolution. 2. RESOLUTION NO. 2005-366, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $158,958 IN UNANTICIPATED REVENUES AWARDED TO THE CITY OF CHULA VISTA, AS THE LEAD AGENCY FOR THE SOUTH BAY HOUSEHOLD HAZARDOUS WASTE PARTNERSHIP, FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD HOUSEHOLD HAZARDOUS WASTE GRANT PROGRAM, 14TH CYCLE (4/5THS VOTE REQUIRED) In April 2005, staff submitted a grant application to the California Integrated Waste Management Board for household hazardous waste public education and outreach activities on behalf of the South Bay Regional Household Hazardous Waste Partnership (Chula Vista, Coronado, Imperial Beach and National City) under authorization contained in Resolution No. 2005-187 and supporting letters from the Partnership agencies. The state board has awarded $158,958 and given staff the notice to proceed with the proposed programs. (General Services Director) Staffrecommendation: Council adopt the resolution. ACTION: Councilmember Rindone moved to approve staff's recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0. Councilmember Castaneda asked staff to publicize that larger or second recycling bins are available at no cost for single-family homes. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS There were none. PUBLIC HEARINGS 3. CONSIDERATION OF APPROVAL TO POST "NO ALCOHOL" SIGNS AT MEMORIAL, EUCALYPTUS, FRIENDSHIP AND LAUDERBACH PARKS, AND TO AMEND MUNICIPAL CODE 2.66.043, PERMITTING POSSESSION AND CONSUMPTION OF ALCOHOL BY PERMIT DURING PARK OPERATING HOURS (Continued from November 1,2005) Page 2 - Council Action Agenda http://www . chulavistaca. gOY November 15, 2005 1- d- PUBLIC HEARINGS (continued) [n response to concerns by members of the community about safety in four City parks, the Police, Public Works Operations, and Recreation Departments recommend the installation of signs prohibiting the possession and/or consumption of alcoholic beverages as required by Municipal Code Section 2.66.043. Adoption of the ordinance amends the Municipal Code to allow an exception that permits possession and/or consumption under the terms of a lease, operating agreement or permit issued by the Public Works Director, Recreation Director or City Manager or their designee. (Police Chief/Public Works Operations Director/Parks and Recreation Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Councilmember Rindone stated he would abstain from participation and discussion regarding Friendship Park since his home is located within 500 feet of the park. Police Chief Emerson provided an overview of the staff report and responded to questions of the Council. Deputy City Attorney Cave responded to legal questions regarding the proposed ordinance. Patricia Chavez, representing Chula Vistans for Civic Solutions, spoke in support of the proposed ordinance and requested consideration for all City parks. Binly Phounsiri, Chula Vista resident and YMCA Teen Center member, spoke in support of the proposed ordinance. John Clingan, Chief Executive Officer of the Boys & Girls Clubs of Chula Vista, spoke in support of the proposed ordinance. James Marcilino translated the comments of Martha Moreno, representing the Neighborhood Council Initiative, who spoke in support of the proposed signage and ordinance. Further, she expressed concerns that the liquor license issued to the new Wal-Mart next to Harborside Park could lead to alcohol consumption in the park, which is used by young people and families. There being no further members of the public who wished to speak, Mayor Padilla closed the public hearing. City Attorney Moore stated that the resolution would be divided into two, the first to contain the three parks, Memorial, Eucalyptus and Laudcrbach and the second to contain Friendship Park. ACTION: Mayor Padilla offered the following ordinance for first reading and resolutions for adoption, headings read, texts waived: Page 3 - Council Action Agenda http:i www.chulavistaca.gov November 15, 2005 {- '3 PUBLIC HEARINGS (continued) RESOLUTION NO. 2005-367, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE POSTING OF "'NO ALCOHOL" SIGNS AT MEMORIAL, EUCAL YPTUS, AND LAUDERBACH PARKS RESOLUTION NO. 2005-368, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE POSTING OF "NO ALCOHOL" SIGNS AT FRIENDSHIP PARK ORDINANCE OF THE CITY OF CHULA VISTA AiVIENDING MUNICIPAL CODE 2.66.043 PERMITTING POSSESSION AND CONSUMPTION OF ALCOHOL BY PERMIT DURING PARK OPERATING HOURS The motion carried 4-0 on Resolution 2005-367; 3-0-1 on Resolution 2005-368, with Councilmember Rindone abstaining due to the proximity of his home to Friendship Park; and 4-0 to place the ordinance on first reading. Mayor Padilla asked staff to bring back a legal analysis and potential language to expand the provisions to all City parks. Councilmember Castaneda asked staff to look at on- and off-site sales, provisions to prohibit alcohol in parks when closed, and the possibility of establishing a cooling-off period by prohibiting the use of alcohol for a specified time before park closing. Councilmember McCann askcd staff to cnsure that parks are properly lit at night. Councilmember Rindone reminded the Council that elected officials can provide testimony to the Alcohol Beverage Control (ABC) Commission when liquor licenses are being considered for issuance. He also asked staff to look into the restriction of liquor sales within 1,000 feet of schools. 4. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION (Continued from November 1, 2005) In order to adequately protect the City's interest in delinquent sewer service charges and ensure that collection efforts are dirccted towards the responsible property owner in the event of a change in ownership, staff recommends approval of liens being recorded against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of the proposed resolution enhances the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payment is received on a more timely basis. This is the identical process approved by the Council since August 1998. (Finance Director) Page 4 - Council Action Agenda http:// www.chulavistaca.gov 1- 4 November 15, 2005 PUBLIC HEARiNGS (continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered Resolution 2005-369 for adoption, heading read, text waived: RESOLUTION NO. 2005-369, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTfVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL The motion carried 4-0. 5 CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION (Continued from November 1, 2005) In order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff recommends approval of liens being recorded against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of the proposed resolutions enhances the collection process for delinquent solid waste service charges by reducing the amount of uncollectible losses and ensures that payment is received on a more timely basis. This is the identical process approved by the Council on a regular basis since mid-2001. (Finance Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Councilmcmber McCann stated that he would abstain from discussion and voting on item 5A due to the proximity of his home to a delinquent parcel. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTfON: Council member Castaneda offered Resolution No. 2005-370, heading read, text waived: Page 5 - Council Action Agenda http://www .c hula vistaca. gov / - t::.; -' November 15, 2005 PUBLIC HEARNGS (continued) RESOLUTION NO. 2005-370. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHeLA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND (GROUP "A") AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL The motion carried 3-0-1, with Councilmember McCann abstaining due to the proximity of his home to a delinquent parcel. ACTION: Councilmember McCann offered Resolution No. 2005-371, heading read, text waived: RESOLUTION NO. 2005-371, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND (GROUP "B") AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL The motion carried 4-0. OTHER BUSINESS 6. CITY MANAGER'S REPORTS There were none. 7. MAYOR'S REPORTS There were none. 8. COUNCIL COMMENTS There were none. CLOSED SESSION Closed Session was cancelled, and the following item was not discussed. 9. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 . One case ADJOURNMENT At 7:29 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of November 22, 2005, at 6:00 p.m. in the Council Chambers. -... <~1.u~6~ Susan Bigelow, MMC, City Clerk Page 6 - Council Action Agenda http://'www.chulavistaca.gov November t5, 2005 /- (p o~c~ .."-\~~ ORDINANCE NO. ",\\~G l"'~ ~~~v ORDINANCE OF THE CITY OF CHUL~~!i'J.,!nf\, CALIFORNIA AUTHORIZING THE LEVY OF A SPECIAL ~AX IN COMMUNITY FACILITIES DISTRICT NO. l3-I (OTA Y RANCH VILLAGE SEVEN) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTA Y RANCH VILLAGE ELEVEN) (the "District"). The City Council of the City ofChula Vista, ordain as follows: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant to the Amended Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto and incorporated herein by this reference (the "Amended Rate and Method of Apportionment"). SECTION 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by Resolution, to annually determine the special tax to be levied within the District for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special. tax authorized to be levied pursuant to the Amended Rate and Method of Apportionment. SECTION 3. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subj ect to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its fmancial obligations. SECTION 4. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. WBD\320!70.! 2-1 SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Chula Vista's City Charter, Section 3l2(b). Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on November 22, 2005; Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held on the 6th day of December, 2005, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST APPROVED AS TO FORM: ~,!iC~{}aJ oor Attorney Sohaib AI-Agha City Engineer WBD\320170.! 2-2 WBD\320170. 1 EXlUBIT A AMENDED RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COM..\1UNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE SEVEN) 2-3 COUNCIL AGENDA STATEMENT - . Item- Meeting Date 12/06/05 ITEM TITLE: Resolution Supporting the Statewide Greenhouse Gas Reduction Targets SUBMITTED BY: Intergovernmental Affairs Coordinator, Erin Bradley REVIEWED BY: City Mana:~~~)~ :PI? Chief of St::7fJ/ (4/Sths Vote: Yes _No..1L) BACKGROUND: In his Environmental Action Plan, Governor Schwarzenegger set forth his Administration's goal to make California a leader in efforts to reduce global warming. Accordingly, on June 1,2005 the Governor signed an executive order establishing statewide greenhouse gas emission targets and directed the Secretary of the California Environmental Protection Agency to lead the effort to achieve these targets. The proposed resolution supports the Statewide Greenhouse Gas Reduction Targets. RECOMMENDA nON: That Council adopt the resolution. BOARDS/COMMISSIONS: N/A DISCUSSION: In 2004, the City of Chula Vista issued support for the California Air Resources Board's regulations to reduce global warming pollution emitted by passenger vehicles pursuant to AB 1493 (Pavley). Now the State, at the initiative of the Governor, has established greenhouse gas (GHG) reduction targets for the State. This resolution supports the Statewide Greenhouse Gas Reduction Targets. The greenhouse gas reduction targets are designed to address the threat of global warming which could have an adverse impact on the State; this includes reducing the quality and supply of water from the Sierra snowpack, exacerbating air quality problems, and increasing or creating health problems due to heat stress, the incidence of infectious disease, asthma and other respiratory diseases. Targets The greenhouse gas emission targets established by the Governor are as follows: 2010 Reduce to 2000 Emission Levels 2020 Reduce to 1990 Emission Levels 2050 Reduce to 80% Below 1990 Levels Note: 2000 Emission Levels = 59 Million Tons Emission Reductions, 11 % Below business as usual 1990 Emission Levels = 145 Million Tons Emission Reductions, 25% below business as usual 3-1 Page 2, Item :5 Meeting Date 12/06/05 Implementing strategies to meet the targets will be the responsibility of a Climate Action Team that was established by the Governor. The Team is lead by the Secretary ofCalEP A and is comprised of high-level representatives from key state agencies. The team will ensure that the targets are met and will report to the Governor and the Legislature in January 2006 and twice a year thereafter. How the Statewide Targets Were Established The Statewide greenhouse gas targets were established by an external technical evaluation of potential strategies to reduce greenhouse gas emissions. It was conducted by the Tellus Institute, a not for profit research firm addressing energy policy in the US. The California Environmental Protection Agency, Air Resources Board and California Energy Commission reviewed the work done by the Tellus Institute and recommended targets to the Governor. The targets were established based on actions already underway in California and the realization that GHG emission reduction technologies and strategies will improve with innovation and continued government leadership. The agencies also established a long-term stretch goal for 2050 intended to clearly represent the long- term nature of the effort to combat global warming. Costs/Savings Associated with Meeting These Targets Most of the GHG emission reduction strategies considered when developing the targets will provide significant emission reductions and benefit the economy. Industry has voluntarily adopted efficiency measures that have directly increased profits while cutting emissions. CalEP A estimates that worldwide demand for new technologies developed to reduce GHG emissions will create a global market potential of over $180 billion annually. Some reduction strategies are relatively costly, such as the million solar roofs initiative, but have tremendous cost-reduction potential and cross-cutting benefits including reducing air pollution, benefiting the energy sector and reducing the state's reliance on fossil fuels. The State's Plan for Meeting the GHG Targets The Climate Action Team will prioritize GHG emission reduction strategies and monitor progress in achieving the GHG targets. Implementation of these strategies will be directed by the appropriate state agency. As has been the case with many of the existing GHG emission reduction strategies, it is anticipated that the future strategies will rely on technological innovation. ANALYSIS: The United States is the largest GHG emitter in the world (19 tons per capita), while California is the 9th largest emitter (12 tons per capita). If the United States reduced per capita pollution to the current California per-capita level, the United States pollution would be 1.7 billion tons lower that the reduction level required by Kyoto. How does this affect the City ofChula Vista? The City ofChula Vista has adopted the national Kyoto targets for reduction requirements. We have essentially adopted goals similar to the targets of the Governor although he exceeds the Kyoto targets citing the State's high economic and population growth as factors in exceeding the Kyoto targets. The City currently supports and implements reduction methods that are business- friendly and receive a return on investment; these measures are often paid for using grant momes. 3-2 ~ Page 3, Item -.5 Meeting Date 12/06/05 Adopting this resolution supports the targets set forth by the Governor (the concept); it does not support or oppose the implementation strategy. The implementation of these targets is being determined and is being crafted by the Climate Action Team. The implementation, cap and trade strategies, etc is due to be presented early in January of 2006. FISCAL IMP ACT: There is no impact to the General Fund. Attachment: Copy of the Executive Order Signed by Governor Schwarzenegger AB 1493 (pav1ey) 3-3 Welcome to California 11/28/200502:03 PM Please click here to return to the orevious oaoe. Executive Order EXECUTIVE DEPARTMENT STATE OF CALIFORNIA .m<."\i....~'";; /::.."+- ~~- , ~ (r ~ ~~_. ~i ',~ ~ \.-.;1. . - ...':. '....~~~~...-' EXECUTIVE ORDER 5-3-05 by the Governor of the State of California WHEREAS, California is particularly vulnerable to the impacts of climate change; and WHEREAS, increased temperatures threaten to greatly reduce the Sierra snowpack, one of the State's primary sources of water; and WHEREAS, increased temperatures also threaten to further exacerbate California's air quality problems and adversely impact human health by increasing heat stress and related deaths, the incidence of infectious disease, and the risk of asthma, respiratory and other health problems; and WHEREAS, rising sea levels threaten California's 1,100 miles of valuable coastal real estate and natural habitats; and WHEREAS, the combined effects of an increase in temperatures and diminished water supply and quality threaten to alter micro- climates within the state, affect the abundance and distribution of pests and pathogens, and result in variations in crop quality and yield; and WHEREAS, mitigation efforts will be necessary to reduce greenhouse gas emissions and adaptation efforts will be necessary to prepare Californians for the consequences of global warming; and WHEREAS, California has taken a leadership role in reducing greenhouse gas emissions by: implementing the California Air Resources Board motor vehicle greenhouse gas emission reduction regulations; implementing the Renewable Portfolio Standard that the Governor accelerated; and implementing the most effective building and appliance efficiency standards in the world; and WHEREAS, California-based companies and companies with significant activities in California have taken leadership roles by reducing greenhouse gas (GHG) emissions, including carbon dioxide, methane, nitrous oxide and hydrofluorocarbons, related to their operations and developing products that will reduce GHG emissions; and WHEREAS, companies that have reduced GHG emissions by 25 perc~nt to 70 percent have lowered operating costs and increased profits by billions of dollars; and WHEREAS, technologies that reduce greenhouse gas emissions are increasingly in demand in the worldwide marketplace, and California companies investing in these technologies are well-positioned to profit from this demand, thereby boosting California's economy, creating more jobs and providing increased tax revenue; and WHEREAS, many of the technologies that reduce greenhouse gas emissions also generate operating cost savings to consumers who spend a portion of the savings across a variety of sectors of the economy; this increased spending creates jobs and an overall benefit to the statewide economy. NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, by virtue of the power invested in me by the Constitution and statutes of the State of California, do hereby order effective immediately: 1. That the following greenhouse gas emission reduction targets are hereby established for California: by 2010, reduce GHG emissions to 2000 ievels; by 2020, reduce GHG emissions to 1990 levels; by 2050, reduce GHG emissions to 80 percent below 1990 levels; and 2. That the Secretary of the California Environmental Protection Agency ("Secretary") shall coordinate oversight of the efforts made to meet the targets with: the Secretary of the Business, Transportation and Housing Agency, Secretary of the Department of Food and Agriculture, Secretary of the Resources Agency, Chairperson of the Air Resources Board, Chairperson of the Energy Commission, and the President of the Public Utilities Commission; and 3. That the Secretary shall report to the Governor and the State Legislature by January 2006 and biannually thereafter on progress http://www.gove.rnor _ ca.gov! state! govsite/ gOY _htm ipri nt.js p ?BV _Sessi .. Executive ~4f+ S- 3 -0 5 &sCatTitie= Exec+Order&sSu beat=:: nu!l&iOiD ==6 9 5 91 Page 1 of 2 Nelcome to California 11/28/200502:03 PM made toward meeting the greenhouse gas emission targets established herein; and 4. That the Secretary shall also report to the Governor and the State Legislature by January 2006 and biannually thereafter on the impacts to California of global warming, including impacts to water supply, pUblic health, agriculture, the coastline, and forestry, and shall prepare and report on mitigation and adaptation plans to combat these impacts; and 5. That as soon as hereafter possible, this Order shall be filed with the Office of the Secretary of State and that widespread publicity and notice be given to this Order. e""'. ~ .. - . . , IN WITNESS WHEREOF I have here unto set my hand and caused the Great Seal of the State of California to be affixed this the first day of June 2005. Isl Arnold Schwarzenegger Governor of California Back to Top of Paae Please click here to return to the Drevious Daae. ::J: !/www.governor.ca.gov ! state! govs ite! gov_html print.]s p?BV _Sess i .. Executive~r+S- 3 -0 5 &sCatTitl e=Exec+Order&sSu bCat= nul1&iOrD=69 5 91 Page 2 of 2 Assembly Bill No. 1493 CHAPTER 200 An act to amend Section 42823 of, and to add Section 43018.5 to, the Health and Safety Code, relating to air quality. [Approved by Governor July 22, 2002. Filed with Secretary of State July 22, 2002.] LEGISLATIVE COUNSEI:S DIGEST AB 1493, Pavley. Vehicular emissions: greenhouse gases. (1) Existing law establishes the Califomia Climate Action Registry, and requires the registry to perform various functions relating to the provision of technical assistance for emissions reductions, including maintaining a record of certified greenhouse gas emission baselines and . emission results. Existing law requires these records to be available to the public, except for any portion deemed confidential by a participant in the registry. Existing law, the Califomia Public Records Act, provides that all public records, as defined, are open to inspection at all times during the office hours of a state or local agency and any person has a right to inspect any public record, except as specifically provided in the act. This bill would revise the exception applicable to records maintained by the registry to make those records available to the public, except that portion of the 'dalkorii1f6:fu:iati6i1. exempt froill'disClosure' pnrsUailf to the' . act. The bill would require the registry, in consultation with the State Air Resources Board, to adopt procedures and protocols for the reporting and certification of reductions in greenhouse gas emissions from mobile sources for use by the state board in granting the emission reduction credits. (2) Existing law requires the state board to endeavor to achieve the maximum degree of emission reductions possible from vehicular and other mobile sources in order to accomplish the attainment of the state standards at the earliest practicable date. . This bill would require the state board to develop and adopt, by January 1, 2005, regulations that achieve the maximum feasible reduction of greenhouse gases emitted by passenger vehicles and light-duty trucks and any other vehicles determined by the state board to be vehicles whose primary use is noncommercial personal transportation in the state. The bill would prohibit those regulations from taking effect prior to January 1, 2006, in order to give the Legislature time to review the regulations and determine whether further legislation 95 I 3-6 Ch. 200 -2- should be enacted prior to the effective date of the regulations. Under the bill, the regulations would apply only to a motor vehicle manufactured in the 2009 model year, or any model year thereafter. The bill would require the regulations to provide flexibility, to the maximum extent feasible, in the means by which a person may comply with those regulations, including, but not limited to, authorization for a person to use alternative methods of compliance with the regulations. The bill would prohibit the state board from imposing a mandatory trip reduction measure or land use restriction in providing that compliance flexibility. The bill would prohibit the state board, in adopting the regulations, from requiring the imposition of additional fees and taxes on any motor vehicle, fuel, or vehicle miles traveled; a ban on the sale of any vehicle category, a reduction in vehicle weight; a limitation on, or reduction of, the speed limit on any street or highway in the state; or a limitation on, or reduction of, vehicle miles traveled. The bill would declare that the provisions of the bill prohibiting the state board from imposing additional fees or taxes on any motor vehicle, fuel, or vehicle miles traveled, or to limit or reduce the speed limit on any street or highway in the state to be declaratory .of existing law. The bill would require the state board to ensure that any alternative methods of compliance achieve equivalent or greater reductions in emissions of greenhouse gases as the regulations. The bill would also require the state board to conduct public workshops regarding the regulations in specified communities with the most significant exposure to air contaminants. The bill would also require the state board to grant emission-reduction credits for reductions of greenhouse ii1s:emissions . achieved prior to the operative date of the regulations, utilizing the 2000 model year as the baseline for calculating those reductions. The bill would require the state board to include an exemption in those regulations for vehicles subject to specified exhaust emission standards. The bill would authorize the state board to elect not to adopt a standard for a greenhouse gas, if the state board determines that the federal government has adopted a standard regulating that greenhouse gas, and the state board makes specified findings related to the similarity of the federal standard. The bill would also require the state board, by January 1,2005, to provide a report to the Legislature On the contents of those regulations. The people of the State of California do enact as follows.- SECTION 1. The Legislature hereby finds and declares all of the following: 95 r- 3-7 -3- Ch. 200 (a) Global wanning is a matter of increasing concern for public health and the environment in the state. (b) California is the fifth largest economy in the world. (c) The control and reduction of emissions of greenhouse gases are critical to slow the effects of global wanning. (d) Global wanning would impose on California, in particular, compelling and extraordinary impacts including: (1) Potential reductions in the state's water supply due to changes in the snowpack levels in the Sierra Nevada Mountains and the timing of spring runoff. (2) Adverse health impacts from increases in air pollution that would be caused by higher temperatures. (3) Adverse impacts upon agriculture and food production caused by projected changes in the amount and consistency of water supplies and significant increases in pestilence outbreaks. (4) Projected doubling of catastrophic wildfires due to faster and more intense bllIlljng associated with drying vegetation. (5) Potential damage to the state's extensive coastline and ocean ecosystems due to the increase in stonns and significant rise in sea level. (6) Significant impacts to consumers, businesses, and the economy of the state due to increased costs of food and water, energy, insurance, and additional environmental losses and demands upon the public health infrastructure. (e) Passenger vehicles and light-duty trucks are responsible for approximately 40 percent of the total greenhouse gas pollution in the state: _ n - - (f) California has a long history of being the first in the nation to take action to protect public health and the environment, and the federal government has permitted the state to take those actions. (g) Technological solutions to reduce greenhouse gas emissions will stimulate the California economy and provide enhanced job opportunities. This will continue the California automobile worker tradition of building cars that use cutting edge technology. (h) It is the intent of the Legislature to require the State Air Resources Board to adopt regulations that ensure reductions in emissions of greenhouse gases in furtherance of Division 26 (commencing with Section 39000) of the Health and Safety Code. It is the further intent of the Legislature that the greenhouse gas regulations take effect in accordance with any limitations that may be imposed pursuant to the federal Clean Air Act (42 U.S.c. Section 7401 et seq., as amended by thefederal Clean Air Act Amendments of 1990 (Pub. L. 10 1-549)) and the waiver provisions of the federal act. 95 I 3-8 Ch. 200 -4- SEC. 2. Section 42823 of the Health and Safety Code is amended to read: 42823. The registry shall perform all of the following functions: (a) Provide participants with referrals to approved providers for technical assistance and advice, upon the request of a participant, on any or all of the following: (1) Designing programs to establish greenhouse gas emissions baselines and to monitor, estimate, calculate, report, and certify greenhouse gas emissions. (2) Establishing emissions reduction goals based on international or federal best practices for specific industries and economic sectors. (3) Designing and implementing organization-specific plans that improve energy efficiency or utilize renewable energy, or both, and that are capable of achieving emission reduction targets. (b) In coordination with the State Energy Resources Conservation and Development Commission, the registry shall adopt and periodically update a list of organizations recognized by the state as qualified to provide the detailed technical assistance and advice in subdivision (a) and assist participants in identifying and selecting providers that have expertise applicable to each participant's circumstances. (c) Adopt procedures and protocols for certification of reported baseline emissions and emissions results. When adopting procedures and protocols for the certification, the registry shall consider the availability and suitability of simplified techniques and tools. (d) Qualify third-party organizations that have the' capability to certify.reported oaseJiile emissions' and 'errllssi6ns resUlts; arid that are . capable of certifying the participant-reported results as provided in this chapter. (e) Adopt procedures and protocols, including a uniform format for reporting emissions baselines and emissions results to facilitate their recognition in any future regulatory regime. (f) Maintain a record of all certified greenhouse gas emissions baselines and emissions results. Separate records shall be kept for direct and indirect emissions results. The public shall have access to this record, except for any portion of the data or information that is exempt from disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Govemment Code). (g) Encourage organizations from various sectors of the state's economy, and those from various geographic regions of the state, to report emissions, establish baselines and reduction targets, and implement efficiency improvement and renewable energy programs to achieve those targets. 95 I 3-9 -5- Ch. 200 (h) Recognize, publicize, and promote participants. (i) In coordination with the State Energy Resources Conservation and Development Commission and the state board, adopt industry-specific reporting metrics at one or more public meetings. Gl In consultation with the state board, adopt procedures and protocols for the reporting and certification of reductions in emissions of greenhouse gases, to the extent permitted by state and federal law, for those reductions achieved prior to the operative date of the regulations described in subdivision (a) of Section 430185. SEC. 3. Section 43018.5 is added to the Health and Safety Code, to read: 430185. (a) No later than January 1, 2005, the state board shall develop and adopt regulations that achieve the maximum feasible and cost-effective reduction of greenhouse gas emissions from motor vehicles. (b) (1) The regulations adopted pursuant to subdivision (a) may not take effect prior to January 1,2006, in order to give the Legislature time to review the regulations and determine whether further legislation should be enacted prior to the effective date of the regulations, and shall apply ouly to a motor vehicle manufactured in the 2009 model year, or any model year thereafter. (2) (A) Within 10 days of adopting the regulations pursuant to subdivision (a), the state board shall transmit the regulations to the appropriate policy and fiscal committees of the Legislature for review. (B) The Legislature shall hold at least one public hearing to review the regtil:iti0ns, If the Legislafiife determines.tharthe-regulations should be modified, it may adopt legislation to modify the regulations. (c) In developing the regulations described in subdivision (a), the state board shall do all of the following: (1) Consider the technological feasibility of the regulations. (2) Consider the impact the regulations may have on the economy of the state, including, but not limited to, all of the following areas: (A) The creation of jobs within the state. (E) The creation of new businesses or the elimination of existing businesses within the state. (C) The expansion of businesses currently doing business within the state. (D) The ability of businesses in the state to compete with businesses in other states. (E) The ability of the state to maintain and attract businesses in communities with the most significant exposure to air contaminants, localized air contaminants, or both, including, but not limited to, 95 I 3-10 '-. Ch. 200 -6- communities with minority populations or low-income populations, or both. (F) The automobile workers and affiliated businesses in the state. (3) Provide flexibility, to the maximum extent feasible consistent with this section, in the means by. which a person subject to the regulations adopted pursuant to subdivision (a) may comply with the regulations. That flexibility shall include, but is not limited to, authorization for a person to use alternative methods of compliance with the regulations. In complying with this paragraph, the state board shall ensure that any alternative methods for compliance achieve the equivalent, or greater, reduction in emissions of greenhouse gases as the emission standards contained in the regulations. In providing compliance flexibility pursuant to this paragraph, the state board may not impose any mandatory trip reduction measure or land use restriction. (4) Conduct public workshops in the state, including, but not limited to, public workshops in three of the communities in the state with the most significant exposure to air contaminants or localized air contaminants, or both, including, but not limited to, communities with minority populations or low-income populations, or both. (5) (A) Grant emissions reductions credits for any reductions in greenhouse gas emissions from motor vehicles that were achieved prior to the operative date of the regulations adopted pursuant to subdivision (a), to the extent permitted by state and federal law governing emissions reductions credits, by utilizing the procedures and protocols adopted by the Califomia Climate Action Registry pursuant to subdivision (j) of Section 42823.- . . (B) For the purposes of this section, the state board shall utilize the 2000 model year as the baseline for calculating emission reduction credits. (6) Coordinate with the State Energy Resources Conservation and Development Commission, the California Climate Action Registry, and the interagency task force, convened pursuant to subdivision (e) of Section 25730 of the Public Resources Code, in implementing this section. (d) The regulations adopted by the state board pursuant to subdivision (a) shall not require any of the following: (1) The imposition of additional fees and taxes on any motor vehicle, fuel, or vehicle miles traveled, pursuant to this section or any other provision of law. (2) A ban on the sale of any vehicle category in the state, specifically including, but not limited to, sport utility vehicles and light-duty trucks. (3) A reduction in vehicle weight. 95 I 3-11 -7- Ch. 200 (4) A limitation on, or reduction of, the speed limit on any street or highway in the state. (5) A limitation on, or reduction of, vehicle miles traveled. (e) The regulations adopted by the state board pursuant to subdivision (a) shall provide an exemption for those vehicles subject to the optional low-emission vehicle standard for oxides of nitrogen (NO,) for exhaust emission standards described in paragraph (9) of subdivision (a) of Section 1961 of Title 13 of the Califomia Code of Regulations. (f) Not later than July I, 2003, the Califomia Climate Action Registry, in consultation with the state board, shall adopt procedures for the reporting of reductions in greenhouse gas emissions from mobile sources to the registry. (g) By January 1,2005, the state board shall report to the Legislature and the Governor on the content of the regulations developed and adopted pursuant to this section, including, but not limited to, the specific actions taken by the state board to comply with paragraphs (1) to (6), inclusive, of subdivision (c), and with subdivision (f). The report shall include, but shall not be limited to, an analysis of both of the following: (1) The impact of the regulations on communities in the state with the most significant exposure to air contaminants or toxic air contaminants, or both, including, but not limited to, communities with minority populations or low-income populations, or both. (2) The economic and public health impacts of those actions on the state. (hi If the federal government adopfSil sta:ndilrif regUlating a greenhouse gas from new motor vehicles that the state board determines is in a substantially similar timefrarne, and of equivalent or greater effectiveness as the regulations that would be adopted pursuant to this section, the state board may elect not to adopt a standard on any greenhouse gas included in the federal standard. (i) For the purposes of this section, the following terms have the following meanings: (1) "Greenhouse gases" means those gases listed in subdivision (g) of Section 42801.1. (2) "Maximum feasible and cost-effective reduction of greenhouse gas emissions" means the greenhouse gas emission reductions that the state board determines meet both of the following criteria: (A) Capable of being successfully accomplished within the time provided by this section, taking into account environmental, economic, social, and technological factors. (B) Economical to an owner or operator of a vehicle, taking into account the full life-cycle costs of a vehicle. 95 I 3-12 Ch. 200 -8- (3) "Motor vehicle" means a passenger vehicle, light-duty truck, or any other vehicle determined by the state board to be a vehicle whose primary use is noncommercial personal transportation. SEe. 4. Paragraphs (3) and (4) of subdivision (d) of Section 43018.5 of the Health and Safety Code, as added by this act, do not constitute a change in, but are declaratory of, the existing law. o 95 I 3-13 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE STATEWIDE GREENHOUSE GAS REDUCTION TARGETS WHEREAS, the City of Chula Vista supported the California Air Resources Board's (CARB) landmark September 2004 regulation to reduce global warming pollution emitted by passenger vehicles pursuant to AB 1493; and WHEREAS, the City of Chula Vista has already adopted the Kyoto emission reduction targets in 1997 to be attained over 2008-2012; and WHEREAS, actions taken by local government to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits by improving air quality and public health, reducing energy expenditures and potentially saving money for the local government, its businesses and its residents; and WHEREAS, increased temperatures due to high greenhouse gas levels in the atmosphere threaten to increase the incidence of severe weather conditions, adversely impact water quality and supply, exacerbate air quality problems, and impact human health by increasing heat stress, incidence of infectious disease, respiratory and other health problems, and WHEREAS, California has taken a leadership role in addressing climate protection by implementing the motor vehicle greenhouse gas emission reduction regulations and, WHEREAS, on June 1,2005, at the initiative of the Governor, the following greenhouse gas reduction targets were established .for the State: 1. By 2010 to reduce greenhouse gas emission to 200 levels, 2. By 2020 reduce greenhouse gas emissions to 1990 levels, and 3. By 2050 to reduce greenhouse gas emissions to 80% below 1990 levels NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista supports the concept of the State's greenhouse gas reduction targets as stated above continuing past support of the California Air Resource Board's global warming pollution regulation. Presented by Approved as to form by Erin Bradley Intergovernmental Affairs Coordinator 3-14 COUNCIL AGENDA STATEMENT { ITEM ir MEETING DATE 12/06/05 ITEM TITLE: RESOLUTION Adopting the City of Chula Vista Cafeteria Benefits Plan for 2006 SUBMITTED BY: DIRECTOR OF HUMAN RESOURCES ~ REVIEWED BY: CITY MANAGER 11 }. P1: (4/5th Vote: Yes_ No X) The Internal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document, and that the employer adopt the plan document annually. This resolution will fulfill this requirement. RECOMMENDATION: That Council adopt the resolution. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: In June 1998, Council authorized updates to the City's flexible benefit plan in compliance with Internal Revenue Service (IRS) guidelines. The document presented here contains the health, dental, life and flexible spending account options for Plan Year 2006. The medical, dental and vision packages have been reviewed by all of the City's recognized employee groups. FISCAL IMPACT: None with this action. Attachment: A - City of Chula Vista Cafeteria Benefits Plan 2006 H:\Home\Personnel\Margarita\2001 cafetriaplanA113.doc 4-1 RESOLUTION NO. 2005-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2006 WHEREAS, the Internal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document and that the employer adopt the plan document annually; and WHEREAS, in June of 1998, Council authorized updates to the City's flexible benefit plan in compliance with Internal Revenue Service guidelines; and WHEREAS, the document attached for formal adoption is the result of the meet and confer process and the 2006 Plan Document ("Plan") presented contains the health, dental, life and flexible spending account options for Plan Year 2006; and WHEREAS, the Plan has been updated to reflect the 2006 beginning Flex Plan amounts, current health, dental and vision care plan options, and other changes to comply with current IRS regulations related to Section 125 Plans (i.e., definition of qualified change in family status and access to Plan while on FMLA). NOW, THEREFORE, BE IT RESOLVED the City Council of the CityofChula Vista does hereby adopt the City of Chula Vista Cafeteria Benefits Plan for 2006 as set forth in Attachment A. Presented by Approved as to form by Marcia Raskin Director of Human Resources ~ \\fG"'\\ \'-\), ,{\.,\\}& Ann Moore City Attorney J:\AttomeyIRESOICafeteria Plan 2006 4-2 City of Chula Vista CAFETERIA BENEFITS PLAN YEAR 2006 J:\EdithaQ\Edill1aIAGENDA STATEMENnPlan Document12006Plan Document.doc. 4-3 Page 1 of 12 City of Chula Vista Cafeteria Benefits Plan This is a Cafeteria Plan of benefits for City of Chula Vista employees and is intended to qualify under Section 125 of the Internal Revenue Code. ELIGIBILITY FOR PARTICIPATION This Plan is for the exclusive benefit of employees of the City of Chula Vista. Eligible employees are defined as individuals who are: 1. Directly employed by the City of Chula Vista, and 2. Working in a part-time or full time benefited status. Hourly employees are not eligible for this plan except for School Site Coordinators under the STRETCH Program. 3. Retired City of Chula Vista employees rehired by the City as active employees may participate ONLY in the group medical insurance premium pre-tax option under Section 125 Premium Only Plan. Other Cafeteria benefit coverage will not be available. Coveraqe under Familv and Medical Leave Act Employees who are on approved leave, with or without pay, under the provisions of the Family Medical Leave Act (FMLA), are entitled to full access to their flexible benefit plan during their absence. If an employee fails to return to work after such leave for any reason other than the serious illness of the employee or the family member for whom the leave was granted or through no fault of the employee, they will be required to pay all flexible benefit plan monies paid to them, or on their behalf during the absence. Coveraqe While on Leave of Absence with Benefits Employees who are authorized to take leave with benefits (e.g., Military Leave as approved by the City Council and disability leave pursuant to memoranda of understanding provisions) will continue to be covered under the flexible benefit plan until expiration of leave. Employees who are on an approved unpaid leave of absence for their own disability or illness, beyond the 12 weeks allowed under the FMLA will continue to have their health insurance and their basic life insurance premiums paid by their Flexible Benefit Plan. J:\EdithaQ\Editha\AGENDA STATEMENT\Plan Document\2006Plan Documenldoc 4-4 Page 2 of 12 Coveraqe While on Leave of Absence without Benefits The City of Chula Vista does not pay for an employee's benefits if the employee is in an unpaid status for any reason than those indicated above. The employee may choose to continue their health, and certain optional benefits coverage at their own cost through the COBRA continuation plan until they return to work or for the designated length of time as determined by the City of Chula Vista. If the premiums are not paid, the coverage will be canceled the first day of the month following the employee's last paid time. Coverage will be reinstated immediately upon the employee's return to work, or the first of the month after their return if premiums were not paid during the employee's absence. PLAN YEAR The Plan Year is from January 1 to December 31 of each year. ELECTIONS Election of benefits must occur during the open enrollment period prior to the start of each Plan Year or, in the case of a newly hired employee, within 30 days from eligibility date. Enrollment Forms Elections must be made in writing on forms/workbooks provided by the Human Resources Department!. An authorization form must be signed by employees to allow for necessary deductions from their paychecks to provide the benefit coverage selected. In addition to the benefit election form (if applicable), the employee must also complete and sign all appropriate applications and enrollment forms for the specific benefits selected. Default Enrollment Miscellaneous Employees If an employee fails to complete the election of benefits prior to the start of the Plan Year, that employee's current medical, dental, vision and/or optional life insurance coverage (including 'any dependent health offset) will be automatically continued in the next Plan Year. . If not available, Human Resources will enroll the employee in a comparable plan. Any current Flexible Spending Account will be canceled for the next Plan Year. The remainder of the annual allotment will be placed in the taxable Cash Payment option. In the case of a new hire or newly eligible employee, failure to turn in the completed forms within 30 days from eligibility date will result in automatic enrollment in the least costly health plan made available by the City and the remaining funds will be placed in the taxable Cash Payment option. Safety Employees If a Police Officers Association (POA) and International Association of Firefighters (IAFF) represented employee does not complete enrollment within the open enrollment period, J:IEdithaQIEdilhaIAGENDA STATEMENT\Pian Document12006Plan Document.doc 4-5 Page 3 of 12 medical, dental, vision and/or optional life insurance benefits will remain unchanged. Ifthe employee is making any changes to his or her medical, dental and/or vision coverage, or re-electing payroll deduction MyFund Flexible Spending Accounts (FSAs), a Benefits Workbook and Election Form as well as necessary enrollment/change form must be submitted. Effective Date of Coveraqe The elections are effective for the period of January 1 to December 31 of each year. For employees hired after January 1 of a Plan Year, for the remainder of the Plan Year following eligibility date. Benefits are prorated for employees hired after January 1 of each Plan Year. Termination of Coveraqe Upon Separation Benefits terminate at the time an employee terminates employment except for medical, dental and vision, which terminate on the last day of the month in which the employee terminates his/her employment. An eligible employee who terminates and is rehired within 30 days will be reinstated to his or her prior benefit elections at termination unless another qualifying event has occurred that allows a change. An employee who is reinstated after 30 days may make new elections. Qualified Chanqe in Familv Status Elections are irrevocable except to accommodate changes in family status as defined in the Income Tax Regulations, 26 CFR Part 1, or to accommodate any significant curtailment or reduction of coverage under any given benefit plan, or in the case of any significant premium increase or decrease imposed by a third-party insurer. Participants who experience a change in family status may be allowed to change or revoke elections. Several examples, although not all inclusive, of the types of events that constitute a change in family status are as follows: o The marriage, legal separation or divorce of the employee o The birth or adoption of a child o The death of the employee's spouse or dependent o Court-order with specific requirement to cover dependent o Significant cost change or coverage change o Termination or commencement of employment by employee's spouse o Unpaid leave of absence by the employee or the employee's spouse Changes are also permitted in the event of significant changes in health coverage of the employee or the employee's spouse that are related to the spouse's employment or are subject to the Special Enrollment Period as described in the Health Insurance and Portability and Accountability Act (HIPAA). J:\EdithaQ\EdithaIAGENDA STATEMENT\Plan Document\2006Plan Documenldoc 4-6 Page 4 of 12 Changes to benefit elections will be permitted only to the extent that they are consistent with and appropriate to the reason the change is requested. Proof will be required for all changes in family status. The employee must submit the request to change plan benefits within 30 days of the chanqe in familv status to Human Resources. If the request is made after 30 days, the change must wait until the next open enrollment period. CONTRIBUTIONS Employer contributions are a fixed amount provided by the City to each eligible employee on a non-elective basis. Salary reduction agreements are provided for in this Plan for Health Insurance premiums in excess of the employer's contributions. In the event payroll deductions for reimbursement accounts are selected and subsequently stopped due to an eligible family status change, the reactivation of the account will not be permitted until the next plan year if elected during open enrollment. FLEXIBLE ALLOTMENTS FOR MISCELLANEOUS EMPLOYEES Eligible employees are allotted funds based on their bargaining groups. These amounts are prorated for non-full-time benefited employees. The allotments are as follows: EMPLOYEE GROUP AMOUNT Confidential $ 9,066 CVEA $ 8,566 Executive $11,966 Middle Managers $ 9,566 Senior Managers $10,566 WCE $ 9,566 Mavor $11,966 Council Members $11,966 CITY CONTIRIBUTION FOR SAFETY EMPLOYEES (IAFF and POA) The City will pay the full cost of the Kaiser Permanente Plan premium for Safety employees and their dependents. In a non-Kaiser Health Maintenance Organization (HMO) plan, the City will pay the cost of the annual premium less $600. The employee will pay the $600 premium. J:\EdithaQlEditha\AGENDA ST A TEMENT\Pian Document\2006Plan Document.doc 4-7 Page 5 of 12 If the employee is enrolling in a non-Kaiser Preferred Provider Organization (PPO) plan, the City will pay an amount equal to the City's share of the non-Kaiser HMO premium. The employee through payroll deductions will pay any difference between the City's share of the medical HMO premium and the full PPO premium cost. For dental coverage, the City will pay an amount equal to the pre-paid dental plan premium. For a PPO dental plan, the Safety employee will pay any difference between the pre-paid dental plan premium and the PPO dental plan premium through payroll deductions. In those cases where the employee pays a portion of the premiums for medical and/or dental insurance, they will be deducted from the employee's paycheck on a pre-tax basis. If the City does not meet IRS requirements, or if IRS regulations change for any reason, this benefit may be discontinued. BENEFIT PLANS Each employee must select one medical insurance coverage, unless married to another City employee and is covered under the spouse's policy. The Mayor and Councilmembers have the option to waive medical insurance coverage. The options in this plan are as follows: 1. Health Insurance (mandatory coverage) a. Kaiser Permanente Health Plan b. PacifiCare PPO Plan c. PacifiCare (HMO) Low Option d. PacifiCare (HMO) High Option e. Spouse of City employee coverage 2. Dental Insurance (optional coverage) a. Delta PMI (HMO) b. Delta Dental PPO 3. Vision Insurance (optional coverage) a. Spectera Vision 4. For Miscellaneous Employees, any remaining Flexible Allotment money may be used for: 1. Dependent health insurance 2. Employee and/or dependent group dental insurance J:\EdithaQ\Editl1a\AGENDA STATEMENTIPlan Document\2006Plan Document.doc 4-8 Page 6 of 12 3. Employee and/or dependent group vision insurance 4. Cash Payment (taxable) 5. Dental/MedicalNision reimbursement 6. Dependent/Child Care (daycare) reimbursement Each of these benefits is described in more detail in the Summary Highlights of Employee Benefits and in the respective Plan Documents or insurance contracts, which are incorporated here by reference. BASIC LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D) The City provides $50,000 group term life insurance and AD&D at no cost to employees. In addition to basic life insurance, an employee may elect to purchase additional life insurance at group rates. Premiums are deducted from the employee's paycheck. FLEXIBLE SPENDING ACCOUNTS A Flexible Spending Account (FSA) is a way to pay eligible health and dependent care expenses with tax-free dollars. An eligible employee may set aside money on a pre-tax basis from the Flex Allotment and/or from his/her paycheck to fund FSA accounts as follows: Miscellaneous Employees: . Cafeteria Dental/MedicalNision (D/MN) Spending Account; . Cafeteria Dependent/Child Care Spending Account; . MyFund Dental/MedicalNision (D/MN) Spending Account; and/or . MyFund Dependent/Child Care Spending Accounts Safety Employees: . MyFund Dental/MedicalNision (D/MN) Spending Account; and/or . MyFund Dependent/Child Care Spending Accounts When the participant incurs an eligible expense, the participant may submit a claim form to Human Resources for reimbursement. In accordance with IRS Notice 2005-42, the City will extend the deadline for reimbursement of health and dependent care expenses up to 2% months after the end of the Plan Year. Expenses for qualified benefits incurred during the 2% -month grace period may be reimbursed from the benefits or contributions remaining unused at the end of the Plan Year. The effect of the grace period is that the participant may have as long as 14 months and 15 days to use the contributions before the unused amounts are forfeited. An eligible employee may elect up to $2,500 for a Payroll Deduction (MyFund) Dental/MedicalNision (D/MN) Spending Account. Single or married (filing a joint return), J:\EdithaQ\EdithaIAGENOA STA TEMENnPlan Oocumantl2006Plan Oocumant.doc 4-9 Page 7 of 12 eligible employees may also set aside up to $5,000, from all sources, per plan year for a Payroll Deduction (MyFund) Dependent /Child Care Reimbursement Account. A married employee filing returns separately may set aside up to $2,500 per plan year. HIPAA PRIVACY POLICY FOR HEALTH FSA ACCOUNTS The City's HIPAA Privacy Policy is in compliance with the regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), restricting the City's use and disclosure of protected health information (PHI) obtained from the City's self-administered Cafeteria Dental/MedicalNision (DMV) Care and MyFund Health Flexible Spending Accounts. Scope This policy applies to all plan participant protected information obtained through the City's administration of health care flexible spending accounts (FSAs). Definition The Health Insurance Portability and Accountability Act of 1996 and its implementing regulations restrict the City's ability to use and disclose protected health information. HIPAA is the "Health Insurance Portability and Accountability Act of 1996". This legislation was designed to improve the portability of health coverage, reduce health care costs by standardizing the processing of health care transactions, increase the security and privacy of health care information and to make other changes to the health care delivery system. This policy is to comply with HIPAA's privacy requirements. Plan as referred to in this policy is the City's Health Care Flexible Spending Accounts (FSA): (1) Cafeteria Dental/MedicalNision (D/MN) and (2) MyFund Payroll Deduction Health FSA. Plan Participant is a benefited employee who is participating in one or both of the City's Health Care FSAs. Protected Health Information is information that is created or received by the City and relates to the past, present, or future physical or mental health condition of a participant; the provision of health care to a participant; and that identifies the participant or for which there is a reasonable basis to believe the information can be used to identify the participant. PHI includes information related to persons living or deceased. Procedure Employees submit claims to Human Resources and eligible expenses are reimbursed via the employees' paycheck. J:\EdithaQ\Editha\AGENDA STATEMENT\Plan Document\2006Plan Document.doc 4-10 Page 8 of 12 Employee Benefits staff of Human Resourceshave access to the individually identifiable health information of Plan participants to perform administrative functions of the Plan. The City's Responsibilities as Covered Entity I. Privacy Officer and Contact Person The Employee Benefits Manager is designated to act as Privacy Officer for the "Plan". The Privacy Officer is responsible for the development and implementation of policies and procedures relating to privacy. The Privacy Officer will also serve as the contact person for participants who have questions, concerns, or complaints about the privacy of their PH I. II. Workforce Training The City will train Employee Benefits staff on its privacy policies and procedures. The Privacy Officer is charged with developing training schedules and programs so that all Employee Benefits staff receive the training necessary and appropriate to permit them to carry out their functions within the Plan. III. Technical and Physical Safeguards and Firewall The City will establish on behalf of the Plan appropriate technical and physical safeguards to prevent PHI from intentionally or unintentionally being used or disclosed in violation of HIPAA's requirements. Technical safeguards include limited access to information by creating computer firewalls. Physical safeguards include locking doors and filing cabinets. IV. Privacy Notice The Privacy Officer is responsible for developing and maintaining a notice of the Plan's privacy practices. The notice will inform participants that the City will have access to PHI in connection with the Plan's administrative functions. The privacy notice will also provide a description of the City's complaint procedures, the name and telephone number of the contact person for further information. The notice will be mailed to all participants at the beginning of each Plan Year. V. Complaints The Privacy Officer is responsible for creating a process for individuals to file complaints about the Plan's privacy procedures. Sanctions for using or disclosing PHI in violation of this Privacy Policy will be imposed in accordance with the City's discipline policy, up to and including termination. No employee may intimidate, threaten, coerce, discriminate against, or retaliate against individuals for exercising their rights, filing a complaint, participating in an investigation, or opposing any improper practice under HIPAA. No individual shall be required to waive his or her privacy rights under HIPAA as condition of receiving FSA reimbursements. J:\EdithaQIEditha\AGENDA STATEMENTlPlan Document\2006Plan Document.doc 4-11 Page 9 of 12 VI. Mitigation of Inadvertent Disclosures of Protected Health Information The City shall mitigate, to the extent possible, any harmful effects that become known to it of a use of, or disclosure of an individual's PHI in violation of the policies and procedures set forth in this Policy. If an employee becomes aware of a disclosure of protected health information, either by an employee of the Plan or an outside consultant/contractor, that is not in compliance with this Policy, immediately contacts the Privacy Officer so that the appropriate steps to mitigate the harm to the participant can be taken. VII. Plan Document and Documentation The Plan Document shall include provisions describing the use and disclosure of PHI by the City for plan administrative purposes. The City shall document and maintain authorizations, requests for information, sanctions, and complaints relating to an individual's privacy rights for six (6) years. VIII. Use and Disclosure of PHI The following employees have access to PHI: o Human Resources staff assigned to process Flexible Spending Account reimbursements and maintain FSAs. o Human Resources Director, Risk Manager and Employee Benefits Managerwho have access to PHI on behalf of the City of Chula Vista for its use in "plan administrative functions". These employees may not disclose PHI to other employees unless an authorization is in place. PHI maybe disclosed for the Plan's own payment purposes, and PHI may be disclosed to another covered entity for the payment purposes of that covered entity. The amount of PHI disclosure must be reviewed on an individual basis with the Privacy Officer to ensure that the amount of information disclosed is the minimum necessary to accomplish the purpose of the disclosure. Mandatorv Disclosures of PHI A participant's PHI must be disclosed as required by HIPAA to: o The individual who is the subject of the information o The Secretary of Health and Human Services for purposes of enforcement of HIPAA Permissive Disclosures of PHI PHI may be disclosed in the following situations without a participant's authorization, upon approval of Privacy Officer: o Disclosures about victims of abuse, neglect or domestic violence o Disclosures for judicial and administrative proceedings o Disclosures for law enforcement purposes o Disclosures for public health activities J:\EdithaQ\Editha\AGENDA STATEMENT\Plan Document\2006Plan Document.doc 4-12 Page 10 of 12 o Disclosures is about decedents o Disclosures to avert a serious threat to health or safety o Disclosures that relate to workers' compensation programs Disclosures of PHI to an Authorized Recipient PHI may be disclosed for any purpose if the participant provides a valid authorization. All uses and disclosures made pursuant to a signed authorization must be consistent with the terms and conditions of the authorization. De-Identified Information The Plan may freely use and disclose de-identified information. De-identified information is health information that does not identify an individual. This information may be used for statistical analysis, research, public policy or health care operations. Individual Riqhts HIPAA gives participants the right to access and obtain copies of their protected health information that the plan maintains. HIPAA also provides that participants may request to have their PHI amended. An individual also has the right to obtain an accounting of certain disclosures of his or her own PHI, made in the last six (6) years. The Plan shall respond to an accounting request within sixty (60) days. The first accounting in any 12-month period shall be provided free of charge. The Privacy Officer may impose reasonable production and mailing costs for subsequent accountings. Responsible Partv - Director of Human Resources, Benefits Manager CONSTRUCTION If this Plan contains contradictory provisions or if there appears to be a conflict between its provisions, the following rules apply: a. The interpretation that favors the Plan as a tax-free plan over any interpretation that might render the Plan taxable. b. Subject to paragraph (a), the rules established by the Supreme Court of California for the construction of like instruments will apply. PLAN PARTICIPATION RIGHTS As a participant in the plan, you are entitled to examine, without charge, at the Plan Administrator's office all plan documents including insurance contracts; obtain copies of all Plan Documents (at a reasonable cost) and other Plan information upon request to the Administrator. Page 11 of 12 J:\EdithaQ\EdithaIAGENDA STATEMENnPlan Documentl2006Plan Document.doc 4-13 PLAN IS NOT AN EMPLOYMENT CONTRACT This plan document is not a contract of employment. Neither the creation of the Plan nor any amendment to it gives any legal or equitable right to any person against the employer. Participation in the Plan does not give any member any right to continued employment. PLAN ADMINISTRATOR The Plan Administrator is the Director of the Human Resources Department or his/her designees. The address of the Plan Administrator is: 276 Fourth Avenue Chula Vista, CA 91910 Telephone: (619) 691-5096 PLAN AMENDMENT OR TERMINATION The City of Chula Vista reserves the right to amend the Plan from time to time if deemed necessary or appropriate to meet the requirements of the Internal Revenue Code and any similar provision of subsequent revenue or other laws or pursuant to negotiations with the Employee groups; provided that no such modification or amendment shall make it possible for any benefit contributions or payment to be used for, or directed to purposes other than for the exclusive benefit of participating employees and their beneficiaries under the Plan. The City reserves the right to discontinue or terminate the Plan at the end of any Plan Year or in accordance with negotiations with the Employee Groups. Any such amendment, discontinuance or termination shall be effective on January 1 of any given year or such date that is agreed upon by the City and Employee Groups. No amendment, discontinuance or termination shall allow the return of funds to the City or the use of any funds for any purpose other than for the exclusive benefit or participating employees and their beneficiaries. Page 12 of 12 J:\EdithaQ\EdithaIAGENDA STATEMENT\Plan Document\2006Plan Documenldoc 4-14 COUNCIL AGENDA STATEMENT Item .!5 Meeting Date 12/06/05 ITEM TITLE: Resolution Ordering the Abandonment of an Irrevocable Offer of Dedication for Roadway Purposes located at 617 Naples Street. SUBMITTED BY: City Engineer SI><- City Manager 11 ~ rK (4/5ths Vote: Yes_NoX) REVIEWED BY: The owners of the 617 Naples Street have requested that the City abandon an existing Irrevocable Offer of Dedication for Roadway Purposes lying across the easterly 30.00 feet oftheirproperty (see Exhibit "A"). In accordance with Section 7050 of the Government Code, an Offer of Dedication may be terminated and the right to accept such an offer may be abandoned in the manner prescribed for the summary vacation of streets or highways by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code. The abandonment ofthis Irrevocable Offer of Dedication requires the adoption of a Resolution of Abandonment by the City Council and recordation of a certified copy of the resolution attested to by the City Clerk. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: On September 16, 2005, the owner of properties located at 617 Naples Street submitted an application to the City to abandon an existing Irrevocable Offer of Dedication for Roadway Purposes lying across the easterly 30.00 feet of their property. This Irrevocable Offer of Dedication (IOD) was made to the County of San Diego by document recorded April 25, 1977 as Document Number 77-152711 Official Records of the County of San Diego, State of California. The City of Chula Vista is successor in interest to the County of San Diego by Annexation. The applicants are requesting this abandonment so that a potential set back conflict can be avoided when they construct a new garage. Staff has reviewed the proposed abandonment and determined that the Irrevocable Offer of Dedication for Roadway Purposes is unnecessary for public use and is unlikely to ever be accepted by the City. The easterly 20-feet of the 30-foot IOD is currently encumbered by an existing 20-foot wide private road and utility easement that serves properties to 5-1 T- Page 2, Item 'CJ Meeting Date 12/06/05 the north of the subject. This easement will remain in full use and effect after the vacation is complete. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. All utility companies have been notified of the proposed abandonment. Utility easements will be excepted from abandonment and retained within the vacated area. FISCAL IMPACT: The applicant has placed funds on deposit with the City. This deposit will be used by the City to recover the full cost of staff time expended in the processing of this abandonment. Attachment Exhibit "A": Plat showing vacation .I :\En'!incenACiENDA\CAS2005\12-06-05\617 Naples 10D vacation. doc 5-2 @ ./ nr.3" ",RW ~..... '" :::: PAi:.)(.. '''::;~ .;~fi~ ~;;:\"~GL..IJ~ 1.23 1V./II- 'o2"U, 331."" .~.~ G) 9.12 AC ) ;:~ @ ...; '.::: 1.25AC ~ - ~ '33/,/<; N 1I.~I'f"."" ':'(.11<; @ . 2.34 AC ~~7 ~ ~ 0' ....-.1. :' ~ -" , , 08. w .E;i) SHT 2 @ 1.25 ~,o.,.. @ :UllAC p^l2H4I L--t... V~:.nf"~i5-- ~ln""Dl$T c. HUR,V\.1 '" .,s :~.~ @ "'\ If'~ t.82AC ~ ~..: . , qt;:;:; . ~1lQ~ ;; - - It . 8 ~. .. " 1:-' n -, ~ ., :t~ n ~ . i T~ - .. I EXHIB~T "A" ; .(,~ ~~Q. <D~'\- ,~o- AO @ 27 SHT I ~ 27 SHT 2 J 639-16 ~ Ee j""200' SUNBURST j LN .N'~~::1~'''7.W) ~ I~I~.-+T .-J'. IUlI.7GoAVE ~ , 1___ :..sOG&e: El.-.:cTRIC : iRANSMrSSION ~vw t ~ FOXBORO ,.. @) ?1f-""J-b?~_ h..~~Nt~Y @ 2.a3AC ~ o @ 9.paAC '745 ~ ".~ Ii 51. ~/'/ IW ] ~!.~ ,~.rl a!1*' - J"'<>_ _ Y '<"--OLEANDER .. ~~".~ \ ~ e 8.71 A.C ~ ~~1.. ~~ o . GREG: ROGERS PARK'; " " 505" 41. I J-' oF! ~ l ,_ PAR 1 SSE !.IAf' Z737-37-\7 lv I t/u!'i'I !:ilo?~ 19U~ W2.o- ~~~r;,H?O DE LA NACION 5-3 Dt_ .'\VE ~I I '-'EAST I OXFORD I ST rrUtt . - / -", ..J 'f- ~ ~ ).. 1) "t'I ~ 'w~~F- .~\ ai ~OZI .<f J!fO 1!1 .:{ 1""' t ' N 1-.AJOo.'''r_''v,'' U!<~...tnr-t,'l\ 0............"'" ... ~~i2 .:!t- . wM ~tsBu~ Ikf!l~,,~ 0 0 . ~Ql.l ~fO . . ~~~!X~~~ ~ , . '~i:ii~~~. . ~ -.- o~o~~,Qu. . xil..!f:;:)i!!!ts . Iu . bJ 0 ~ u..-- 00: ' '-.J ; EXHIBIT "A" .' M....JO..OV_91 N' .OO'~ I ICO~ - . m ~ f- I~ . hi. 't\J , l!I . .lJ) WI .tt \\J '""7 .. l' o tliI - 00 - ,10<( >- 1::: ' i!::j:.: - - .Q :!z 11) !; '=~!ij - 2'tt fa 0"0. :s...... .... - tt!l::2U I .. lLQ.~:i -:,,,IQQP;.VIN 0 _.:. . ........ 017\1"- " , .O"'t . Ob..; "'lJ\U) ~ ~~ 'I. 1 .I' ..1 w U 11"). Jik ~ .fC . .. pO'091 ,,^~-pgt:>~...Q,.;ft, --- IOO'O'Z'J - f- I' 5-4 '\ ----........ - t ~' U\ 1Il \,O~~t \ Wi.! 1 at) wl-c , izC ::ll.U ik~lt Q.. IU C n- - .,j( tI 2~~ \9~C' zbf' l= ::c tn....~ -:J 'm.. - ;. Q1 z. ztrl tiJ v , 0..: ~10 t- o . \\J - " in ,,~!], .. .J.r) t " ~tI 'va' tOe ~ '..yI!.. 'Ji ii - . . '}' - ' 0\: . ''!t . Iri. " , ~ \9 ,I . ' lU.I:;;' on "., - RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE ABDANDONMENT OF AN IRREVOCABLE OFFER OF DEDICATION FOR ROADWAY PURPOSES LOCATED AT 617 NAPLES STREET. WHEREAS, an Irrevocable Offer of Dedication (IOD) was made to the County of San Diego by document recorded April 25, 1977 as Document Number 77-152711 Official Records of the County of San Diego, State of California, and, WHERAS, the City of Chula Vista is successor in interest to the County of San Diego by Annexation, and WHEREAS, Irrevocable Offer of Dedication is not needed for public purposes, and, WHEREAS, in accordance with Section 7050 of the Government Code, an Offer of Dedication may be terminated and the right tei accept such an offer may be abandoned in the manner prescribed for the summary vacation of streets or highways by Part 3 (cornmencing with Section 8300) of Division 9 of the Streets and Highways Code, and, WHEREAS, in order to abandon an Irrevocable Offer of Dedication, Council must adopt a Resolution of Abandonment and of a certified copy of the resolution, attested to by the City Clerk must be recorded. NOW, THEREFORE, BE IT RESOLVED that after considering the evidence submitted, the City Council of the City Of Chula Vista finds that the Irrevocable Offer of Dedication made by document recorded April 25, 1977 as Document Number 77-152711 Official Records of the County of San Diego, State of California, is unnecessary for present or prospective public use, and, the City does hereby order the abandonment of said Irrevocable Offer of Dedication, RESERVING THEREFROM an existing easement to the Otay Water District per Document No. FilelPage No. 113577 recorded June 24, 1964, Official Records of the County of San Diego, State of California. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a certified copy of the Resolution of Abandonment, attested by the Clerk under seal, to be recorded without acknowledgement, certificate of ackno:wledgement, or further proof in the office of the recorder of the county in which the property is located. Upon such recordation, the abandonment shall be complete. 5-5 Resolution No. Page 2 Presented by Alex AI-Agha City Engineer 5-6 Approved as to form by ~~ COUNCIL AGENDA STATEMENT Item fc Meeting Date 12-06-05 ITEM TITLE: Resolution establishing time limited parking on East Palomar Street between Santa Cora Avenue and Vista Sonrisa SUBMITTED BY: Ci ty Engineer ~ t~ll;k, 4'1 J7?, City Manager it". (4/5ths Vote: Yes_ NoX) REVIEWED BY: Adoption of the resolution approves a combination often-minute and one-hour time limited parking on the south side of East Palomar Street from Santa Cora Avenue to Vista Sonrisa to serve the parking needs of the mixed-use development in the area. RECOMMENDATION: That Council adopts the resolution. BOARDS AND COMMISSIONS RECOMMENDATION: The Safety Commission, at their meeting of Octo ber 13, 2005, voted to concur with staff s recommendation for time limited parking along the south side of East Palomar Street in this area. DISCUSSION: The developer of Villagio at Lomas Verdes has requested that the 27 parking spaces on the south side of East Palomar Street between Santa Cora Avenue and Vista Sonrisa be designated as time limited parking to improve the availability of short term parking for patrons of the businesses occupying the Villagio mixed use development. The segment of East Palomar Street east of Santa Cora Avenue fronting Villagio at Lomas Verdes is 580 feet (0.11 mi.) long with two 29' wide (two-lane) travel ways separated by a 51' wide raised median. There are traffic signals at each end of the segment. The Average Daily Traffic (ADT) on East Palomar Street between La Media and Olympic Parkway is 8,783 (Year 2005). The slreet is currently posted with a speed limit of25 mph (business district). Calvary Chapel is located at the north side ofthe street. ViII agio is a mixed-use development with businesses on the street level and multi-farnilyresidential units on the second and third floors. There are 72 multi-farnilyresidential units and the residents are provided with attached and detached garages located at rear of the building. The business types that will occupy the ground floor typically are: dental clinic, dry cleaning shop, insurance agency, nail salon, real estate office and restaurants. There is on-street parking with 27 spaces in front of Villagio intended to serve the short term parking needs of the patrons of the business establishments. The existing 27 parking spaces are proposed to have the following time limited parking designations: 6-1 Page 2, Item ~ Meeting Date 12/06/05 Designation Valet Parking between 5 :00 PM & 10:00 PM (restaurant has made an arrangement with the church across street to use their parking lot in the evening) Number of Spaces 2 One Hour Parking between 8:00 AM & 6:00 PM 20 10 minute parking 2 Handicap Parking (existing) 2 No Parking - pick up and delivery only 1 The two handicapped parking spaces in the parking lot would not be subject to parking time restriction because Section 22511.5 of the California Vehicle Code exempts any vehicle displaying special identification license plates or placards (issued to disabled persons) from time restrictions placed on parking zones. FISCAL IMPACT: No fiscal impact. Developer will provide and install necessary signing. Attachments: Letter from the Developer/Parking time legend J:\EngilleerIAGENDAICAS2005112-06-05\E Palomar Time Limit Pkg.doc 6-2 July 7, 2005 l } 11~ " '"f ...; f, \7-1 '\ I"' J. /-(, n;!.l, / ,> 'V , .' ....1 ~.-"; i fJ' , \!~ ,;:>, /,-;, l~'" 1...-.. ../ v.. \. ;' /)( D- (c-~ V \ CORNERSTONE COMMUNITIES II AnACHMENT Mr. Jim Newton Traffic Engineer City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE: Villagio @ Lomas Verdes - designated parking along East Palomar Street at Santa Cora Avenue Dear Jim: This a request for designated parking times for twenty seven (27) public parking spaces along East Palomar Street at Santa Cora Avenue benefiting the Villagio Mixed Use Site. The building consists of are ten (10) co=ercial spaces that will be occupied by seven (7) businesses. . The following business types will occupy the building: . Restaurant . Dentist Office . Insurance Agency . . Real Estate Office . Nail Salon . Dry Cleaners (Tentative) . Restaurant (Tentative) The business hours vary for each tenant but the overall co=ercial area will be open between 8:00 AM and 10:00 PM. The tenants are currently working on their tenant improvements and we anticipate business will be open on October 1,2005. We request the following designations (as shown in exhibit A) Designation # Spaces Valet Parking between 5:00 PM & 10:00 PM (restaurant has ijlade arrangements with church across street to use their parking lot in the evening) 2 One hour parking between 8:00 AM & 6:00 PM 20 10 minute parking 2 Handicap parking (existing) 2 No Parking - pick up and delivery only 1 If you require additional information, please do not hesitate to contact me at (858) 458-9700, extension 120. Thank you, ack Robson ice President, Land Planning and Development 4365 Executive Drive, Suite 600, San Diego, California 92121 (858) 458.90'" s.x (858) 452-3600 h ..!:' "'< [:;;:i <0 ~u "'< "'f-< E'l~ ~'" Of-< "'< f-<f-< r:l'" g~ ~'" r:l~ ~o !:':;] "," iif-< 0::J ...,'" @)~ 0'" ..'" ou << ...,.. ~~ t~ ~~ '" ~ ~o > c = c .: c c c c c c c c c = c ~ c c c c c c c c au U u u U U II U U U U u u u u u u..:! u u u a U II U U u uU~~~dd555ddgd~55~s~~~5~adddd ~~~~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~~~~~ ~~~~~~~~~ 0000000000000 000000000 0000000000000 000000000 ~ oo~~~~~~~~~~~ =::~:::::: ~I- ziiiiiiil1iiii =i5i5iiiii ~ ~ff~~~~~~~~~~~ ~~~~~~~~~~ ~ ~ < 00000000000 I..~ooooooooo ~ U -2Q 0..0.. 0..0..0..0..0.. 0.. 0.. 0..0.. ~"'~OOOOOOOOO_ ,c.,...._ ~2!~~.;.;~~...5.~~~ ~ -< g,",;;':~~~':~~~-;~~ ;; <II.... ..... ...... ~ e; IIlCCuuuuuUUlluuu "ItSuu ..U.. C!:I ~; ~~j~i~llilllil_~.~~~i~~iiiiii = ~~-~~~~1~~~~1~~~~55~~~~~~~~~~ ~ ~ ~~~~~~~~~~~~~::I~g~~~~~~~~~~ IJi S:i.... 31; 3 3 ..I ~ .. 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"- - '" .... ~ ,;:::~"" If, \""""I!:I : i.,'" !r: 1...'- 'r - '~...,; Il"'-'" I.. ~ j:.... . ,I.i~ ,,- ,-~ """',- . .. - N ,. - ~/ .' /~, ., ~ e = ., ".;..'1 ,"/ .- - I I I \\ RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING TIME LIMITED PARKING ON EAST PALOMAR STREET BETWEEN SANTA CORA A VENUE AND VISTA SONRlSA WHEREAS, the City's Traffic Engineering Section has received request from Cornerstone Communities developer of Villagio at Lomas Verdes that 10-minute and I-hour time limited parking be established on the south side of East Palomar Street from Santa Cora Avenue and Vista Sonrisa to serve the short term parking needs of patrons of the businesses occupying the Villagio mixed use development. WHEREAS, to best serve the short-term parking needs of the businesses in the area, staff proposes dividing the twenty-five (25) on-street diagonal parking spaces and two (2) parallel parking spaces along the south side of the street into a group of twenty (20) one-hour spaces, two (2) 10 minute spaces, two (2) valet parking space, two (2) handicap Parking and one (1) for delivery and pick up parking only. WHEREAS, the Safety Commission, at their meeting of Oct. 13,2005, voted to concur with staff's recommendation for time limited parking along the south side of East Palomar Street in this area. WHEREAS, staff recommends that the Council approve the resolution establishing time limited parking on East Palomar Street between Santa Cora Avenue and Vista Somisa. NOW, THEREFORE BE IT RESOLVED the City Council of the City of Chula Vista does hereby establish time limited parking on East Palomar Street between Santa Cora Avenue and Vista Sonrisa and amending Schedule VI of the register maintained in the office of the City Engineer as follows: Schedule VI - Parking Time Limited on Certain Streets Name of Street . Beginning At Ending At Side of Length of Time Street Permitted East Palomar St. Santa Cora Avenue 100' East of Santa Cora South Valet Parkiog Avenue East Palomar St. 100' East of Santa Cora 220' East of Santa South I Hour Avenue Cora Avenue 220' East of Santa 250' East of Santa 10 Minute East Palomar St. Cora A venue Cora Avenue South East Palomar St. 250' East of Santa 280' East of Santa South Handicap Parkiog Cora Avenue Cora Avenue 6-5 280' East of Santa 300' East of Santa Pick up and East Palomar St. Cora Avenue Cora Avenue South Delivery 300' East of Santa Mid -block Crosswalk I Hour East Palomar St. Cora Avenue (400' East of Santa Cora South Avenue 490' East of Santa 550' East of Santa I Hour East Palomar St. Cora Avenue Cora Avenue South Presented by Approved as to form by Sohaib Al-Agha City Engineer I~/~ J:\Engineer\Agenda\CAS 2005\12-06-05\Resolution of E Palomar parking.doc 6-6 COUNCIL AGENDA STATEMENT Item: 7 Meeting Date: 12/06/05 ITEM TITLE: Resolution Approving a Grant Of Easements, License And Maintenance Agreement between McMillin Otay Ranch, LLC, and the City Of Chula Vista for the maintenance of public right-of-way within McMillin Otay Ranch Village Seven "A" Map, R-lA, R-lB, R-5, and authorizing the Mayor to execute said agreement. Resolution Approving a Grant Of Easements, License And Maintenance Agreement between McMillin Otay Ranch, LLC, and the City Of Chula Vista for the maintenance of public right-of-way within McMillin Otay Ranch Village Seven R-6 and R-7, and authorizing the Mayor to execute said agreement. SUBMITTED BY: City Engineersk REVIEWED BY: CitYManagerf~:Pf, (4/5thsVote: Yes_ No X ) On August 23,2005, by Resolution No. 2005-280, Council approved the Final Subdivision Maps for Otay Ranch Village Seven R-lA, R-lB and R-5. On March 8, 2005, by Resolution No. 2005-074, Council approved a Final Subdivision Map for Chula Vista Tract No. 05-07, Otay Ranch Village Seven "A" Map which entitled R-6 and R-7 as a condominium project with 316 units. Staff proposes that Council now consider approval of two Grant of Easements, License & Maintenance Agreements for privately maintained public property within Otay Ranch Village Seven. RECOMMENDATION: That Council adopt the resolutions. BOARDS AND COMMISSIONS: Not applicable. DISCUSSION: Otav Ranch Villa\?:e Seven R-IA, R-IB, and R-5 In compliance with tentative map conditions of approval, the developer has formed the Village of Vista Verde Master Association (MHOA). to maintain common area landscaping within the project. McMillin has requested the City allow the MHOA to be responsible for maintaining certain public landscaping improvements. Initially, the developer (McMillan) will construct and maintain the landscaping until it is established. Under the proposed agreement, after the landscaping has been established, McMillin will transfer its obligations to the MHOA, which in turn may transfer said obligations to a sub-association or apartment project's owner (Transferee). 7-1 Page 2, Item '1 Meeting Date 12/06/05 The key points of the proposed agreement (see Exhibit "A") are the following: 1. The City grants easements for landscape maintenance purposes over those public areas to be maintained by the MHOA. These are illustrated on Attachments 1. 2. McMillin and the MHOA are required to maintain certain areas as shown in Exhibit "B" to the proposed agreement. 3. The agreement requires the MHOA to repair, at MHOA cost, any City's facility (i.e., sidewalk, trees, driveways) damaged by the MHOA maintenance operations. 4. The agreement contains provisions governing the transfer of the MHOA maintenance obligations, insurance requirements, and indemnity provisions to a Transferee. The agreement provides for the developer to be released from all landscaping maintenance for the project once transfer to the MHOA occurs. Otav Ranch ViIla!!e Seven R-6 and R-7 McMillin intends to transfer R-6 and R-7 to a homebuilder (Builder) and has requested the City allow McMillin, the Builder and ultimately the R-6/R-7 Homeowners Association (HOA) to be responsible for maintaining certain public landscaping improvements. Initially, McMillin will construct and maintain the landscaping until McMillin transfers ownership ofR-6 and R-7 to the Builder. The Builder will then be obligated to maintain the landscaping until it is established. After the landscaping has been established, the Builder will transfer its obligations under the proposed agreement to the HOA. The key points of the proposed agreement (see Exhibit "B") are the following: 1. The City grants easements for landscape maintenance purposes over those public areas to be maintained by the HOA. These are illustrated on Attachment 2. 2. McMillin, the Builder and the HOA are required to maintain certain areas as shown in Exhibit "B" to the proposed agreement. 3. The agreement requires the HOA to repair, at HOA cost, any City's facility (i.e., sidewalk, trees, driveways) damaged by the HOA maintenance operations. The agreement provides for McMillin to be released from all landscaping maintenance for the project once transfer of R-6 and R-7 to the Builder occurs. The agreement further provides for the Builder to be released from all landscaping maintenance for the project once transfer to the HOA occurs. Staff believes that the proposed agreements will guarantee the maintenance of the aforementioned public improvements and recommends Council approval. The City Attorney has reviewed and approved the proposed agreement as to form. J:\Engineer\AGENDA\CAS2005\12-06-05\GEMA At] 3.doc) 7-2 Page 3, Item '7 Meeting Date 12/06/05 FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees and other costs associated with the agreements. Attachments: Attachment 1: Plat of Maintained areas for R-] A, R-I Band R-5 Attachment 2: Plat o[Maintained areas for R-6 and R-7 Attachment 3: Disclosure Statement Exhibit A: Grant of Easements, License & Maintenance Agreement for R-1A, R-18 and R-5 Exhibt B: Grant of Basements, License & Maintenance Agreement for R-6 and R-7 J:\Engineer\AGENDA\CAS2005\12-06-05\GEMA A113.doc) 7-3 w ~" i <C; )Z) l~\ '(,!:)' ,i' <~ ~ , , ~ , t , ~\rl\ 6\-\ t<\ e N -r \ ""'-"" . ~....-.,.~....." R-J).\ >': <: 3 u.. e: o o Cf) ':J o ,~ .. ........-...., .~.. ........... -,.. . ....LANEJ'A!C ........T....y~.. !PARCEL "0" . ~: RL-0; PARCEL "8" '"/ ,-- ~ l'i~~W't~~f%~,':" ...-" "''.; ~ _;,;h ;;-.::-,,!:$i2:''''t''l".~~~..: [ WOLF CANYON' COOP .' .",:1: ::;'Y .:,::)~: . _, " ,;~ .i PARCEL "C" ..'" ...,...; .....--.,.-...-.. i '-"""'- ~,;,; .~<. .'........f. .,._v.__...._..... LANE'is'C ._._....m....__.~.<<~....__..." ~".. .,.._,~. .-- r "'., ",. ~'". .:~~ r' .....j,..,.. ". ................./'" .._~-.- .. .....i. i ,,;. ,I , " "" ; i .;':\" " .'.... ....L.,~ ......,.......~....~... \......, .~._"',.,.,"<.: .. ~ -~, , " ", ':.J1EJCHEB.IWAY":_:":~' ....~ ". -:i, " . / /' '^'""<>..,,. "'-'-. "'-", // " .---~..'...... R c- O ,"",' ;,~? '\ " '-""'~:~~:' '''--, . ..,-~..../ -'-''''''''YV"_",:..".,, "iI' ';'., i:,; "'';- ;0~ / \ EXHIBIT "B" SHEET 2 OF 11 7 4 <:., '/.1.' .... c~' . l<$l' .... 01/' . I..c;'ix / -9~~ 1'. I I I /! ,. // '<11'~,;:"R - / . Jd"... ':,7". . " rl CJ \. / ' ',', ./ '.. "" ~.-; ./ " .> ,~.. , .,.,' , " \ /PARCEL ,;7 ',/ "~,,/ '),;< '< , .> ". '~~""'" ,/ -", /~;;,,/ / '. .'&;~,~ .' ~::,' ,'. ..".-' \\ ~~,,-'\ , ",'''i'b..?-'~;\' " e~~'",,' \..- '--"",,\ " ,~'; , /' '. / , /' " .-,' " ;.... ~IG.~~..... ....,' ~ .;, --....-....-....". ~.-~.....-...,." ,. /'"..,..",. ,/., "" ...."" N","",:N!i\~~1@;;;o, ,;Wti&fttit\tk't;, .,_.BOBJ?LETCHER WAY, ,,:,'.0""'_0.',. ..",' R-b EXHIBIT "B" SHEET 3 OF 11 N r) I rl f'\ '- ,.J- E) I.' "'~". .' \~~' ....~\. \ ~\ \"~"" , ....... ".,,' -'~" ;.,-" . ~"\' ;'\"'-~.< . ..'1J'-"'- ~:..' . . o,?-~J;' ... , .~ . . .' ,,<" %' (j\ ~\ 1b\ 0\ ~\ (")' Q\ %,1 ,.,.;~ .'/ "".'!fi. BOB PLETCHER WAY r' ( J\ - CJ N 7\';) ""-'8 ")oJ ." ";'-' , \ ~; .... EXHIBIT "B" 7 ~'--1,.... , _C'-,,,_,,,_,,,,, ',-", .. ".'-'" ". .-..~,-..-.. _"C"_,,;,;. ,.;--..''''.~...;~--.._"-,,,..._''' I SHEET 4 OF 11 !e- Ii ,I L~ II II Ii .. r-~ ~~=-=- I I I IpARCEL "J" I \ .. I I I '7 .. " \ I .. ... ., .. " ." ."."_..-.._-....,,_......~~,-,, I I IPA~,CEI I .. .. ~ 7> ,. 7, >r ". >r " .. '; ~ ~,~ ,<;: 'i:~n:.!::.,.~{, ~;:.,~ ...~.<;~.-~. '" 0, .. .. OJ .. R-1A .. .. .. ., 3, .. .. .. .. ... :",,"!.:s".""mu'~' .. ,'"-~-"!". ',p,' .",",!;;,;:"~,,, ~~., '0 '0 'I '3 " '7 " '0 .... ..~'~..,.~......~._,.~". 'Mil ; f . / '~, ^ ,..........;..., j '....... : .....,. i /. ......__..'_..'R_ ; I i m-r ""~Y"'" ........-/-...". , ! i .,.... ,:" .,., . . ....1.~~..._._...._..1 , . 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I I I I I I I I I I I I I I I I I I I I I II II I I PARCEL "A" McMILLIN OTAY RANCH VILLAGE 7 R-6 & R-7 CITY OF CHULA VISTA, CA CVT 05-07 " '~ \ IJr Lot q miff /601 Lf (R~j) 7-14 L:, }( 00/ I cJ J, f// I I I I EXHIBIT 'B' r, j j- 8'-3 --- I I I I / I I I I , I I I I I I I I I __DADi't:"J 1:,1,:1 Il""\j\\"L...L.,. '"' r' I f~ - Cl McMILLIN OTAY RANCH VILLAGE 7 R-6 & R-7 CITY OF CHULA VISTA, CA CVT 05-07 R-l 'S'llWi a oj r.) ~" -\-'.' t ", l'" < ',- ~, r t\ C (- ;'J \ r\'-l \ -:: City of Chula Vista Disclosure Statement Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City ofChula Vista election must be filed. The following information must be disclosed: I. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. /rfd1;/&N (JfJy ~^,c( LL{.; 2. If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. 3. If any person' identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. - /",,14' &",,4;-A/~#fU /t:;:;g,;f z,.,//~ -LJtt:,f L"" 60 y AslfJrA '-;;;f" Iw t;,.-& 'p",dA/,/ L~.bl'j45..f;/ 5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No+- 7-16 City of Chula Vista Disclosure Statemeut If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No X Yes _ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City ofChula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ NO-->L If Yes, which official" and what was the nature of item provided? Date: /1//7 /;:;lOoS- , , Person is defined as: any individual, firm, co-partnership,joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. " Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. J:\Attorney\fonns\disclosure statement 3-6-03 7-17 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT BETWEEN MCMILLIN OT A Y RANCH, LLC, AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF PUBLIC RIGHT-OF-WAY WITHIN MCMILLIN OTAY RANCH VILLAGE SEVEN R-lA, R-lB, AND R-S, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, the grant of easements and maintenance agreement sets forth the master developer's obligation to maintain landscaping in the public right-of-way; and WHEREAS, there are some areas of public right-of-way that will be maintained by the Master Home Owner's Association for Neighborhoods R-IA, R-IB and R-S (MHOA); and WHEREAS, the agreement and grant of easements sets forth the obligations of the MHOA in maintaining the public right-of-way; and WHEREAS, staff believes that the proposed agreement will guarantee the maintenance of . the aforementioned improvements and recommends Council approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Grant of Easements and Maintenance Agreement, between McMillin Otay Ranch LLC and the City of Chula Vista for the maintenance of public right-of- way within Otay Ranch Village 7, Rl-A, R-IB, and R-S, 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 agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by Sohaib Alagha City Engineer 7-18 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL r~'- _' ,', ./-~",:..,..>:~. Ann Moore City Attorney Dated; 11/30/05 GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT FOR CVT NO. 05-07 MCMILLIN OTA Y RANCH VILLAGE 7 "A" MAP, RI-A, RI-B, R-5 7-19 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency for less than a fee interest for which no cash consideration has been paid or received. (ABOVE SPACE FOR RECORDER'S USE) GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 05-07 MCMILLIN OTAY RANCH VILLAGE 7 R-6 and R-7 (DEDICATED EASEMENTS) This GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT ("Agreement") is made as ofthis _ day of , 200_, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and McMILLIN OTAY RANCH, LLC, a Delaware limited liability company ("McMillin Otay Ranch"). RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described in Exhibit A attached hereto and incorporated herein ("Property"). The Property is part ofa planned residential development project commonly known as "McMillin Otay Ranch Village 7". B. McMillin Otay Ranch is the owner of the Property. C. The Property is covered by that the certain fmal map (the "Final Map") described on Exhibit" A" attached hereto and referenced in the title to this Agreement. D. In order for McMillin Otay Ranch to obtain the Final Map and for the City to have assurance that the maintenance of certain areas within the Property would be provided for, the City and McMillin Otay Ranch entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which McMillin Otay Ranch agreed that maintenance of such areas shall be accomplished by the creation of a home owners association (an "Association"). Parcel "A" shown on Exhibit "B" attached hereto describe those particular areas which were dedicated to the public on the Final Map but which include landscaping and drainage improvements to be 1 7-20 11l17l05 maintained by the Association. The public areas to be maintained by the Association are collectively referred to as the "Privately Maintained Public Areas." E. McMillin Otay Ranch intends to transfer the Property to a homebuilder (a " Builder"). The Builder will establish one or more Associations for the maintenance of the Privately Maintained Public Areas and areas within the Property. F. The City desires to grant to McMillin Otay Ranch easements for landscape maintenance purposes upon, over and across the Privately Maintained Public Areas as shown on Exhibit "B" in order to facilitate the obligations of McMillin Otay Ranch as set forth in the Supplemental Subdivision Improvement Agreement, adopted pursuant to the City Resolution. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as set forth below. 1. Grant of Easements. The City hereby grants to McMillin Otay Ranch and its agents, successors and assigns, non-exclusive easements and rights-of-way over and across the Privately Maintained Public Areas for the purpose of maintaining, repairing and replacing irrigation and landscaping improvements located thereon. These grants are made without any warranties of any kind, express or implied, other than the warranty stated in Paragraph 14(t) below. 2. Maintenance Oblil!:ations (a) McMillin Otay Ranch to Initially Maintain. McMillin Otay Ranch hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, those improvements within the Privately Maintained Public Areas which are described on Exhibit" C" attached hereto, such maintenance shall be at a level equal to or better than the level of maintenance which is acceptable to the Director of Public Works Operations, at his/her discretion and equivalent to City or Community Facilities District maintained right-of-way facilities. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair, and replacement obligations described herein and on Exhibit "C" hereto and shall also include repair and replacement at no cost to the City of any City owned property that is damaged during performance of the maintenance responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of the City. (b) Transfer of Maintenance Obligations. (i) Transfer Bv McMillin Otav Ranch. Upon McMillin Otay Ranch's transfer of the Property to a Builder, (i) the Builder shall become obligated to Maintain the Privately Maintained Public Areas, and (ii) subject to the City determining that the requirements of Paragraph 3 below have been satisfied, McMillin Otay Ranch shall be released from such Maintenance obligation. (ii) Transfer Bv Builder. The Builder shall have the right to transfer Maintenance obligations to one or more Associations. Upon the Builder's transfer of Maintenance obligations to an Association, (i) the Association shall become 2 7-21 llJ2JOS obligated to perform the obligations so transferred, (ii) the Builder shall retain the right to perform the Maintenance should the Association fail to do so, and (iii) the Builder shall be released from the obligations so transferred subject to the City determining that the requirements of Paragraph 4 below have been satisfied. 3. Assienment bv McMillin Otav Ranch and Release of McMillin Otav Ranch (a) Assignment. Upon McMillin Otay Ranch's transfer of the Maintenance obligations to the Builder, it is intended by the parties that the Builder shall perform the Maintenance obligations either itself or by contractors. Such transfer will release McMillin Otay Ranch from its obligations only if all of the following occur: (i) Builder Accepts Obligation. The Builder has unconditionally accepted and assumed all of McMillin Otay Ranch's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of McMillin Otay Ranch under this Agreement. The City shall not unreasonably withhold its consent to such assignment. (ii) Builder's Insurance. The Builder procures and agrees to maintain at its sole cost and expense, commencing no later than the City's release of all of McMillin Otay Ranch's landscape maintenance bonds, a policy of public liability insurance which at least meets the following requirements: (A) A comprehensive general liability and property damage insurance policy insuring Builder against liability incident to ownership or use of the Property and the Privately Maintained Public Areas. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best of "A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. (B) Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (1) The City of Chula Vista shall be named as an additionally insured party to such insurance; (2) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds; (3) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits ofliability. 3 7-22 1112/05 (C) The Builder shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, McMillin Otay Ranch shall be released from its obligations under this Agreement, including its security and insurance requirements. McMillin Otay Ranch acknowledges that it has a contractual obligation to perform the terms and conditions of this Agreement until and unless released by the City from this Agreement. At least sixty (60) days prior to such transfer, McMillin Otay Ranch shall give a notice to the City of McMillin Otay Ranch's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3(a). 4. Assienment bv Builder and Release of Builder. (a) Assignment. Upon Builder's transfer of the Maintenance obligations to an Association, it is intended by the parties that the Association shall perform the Maintenance obligations either itself or by contractors. Such transfer will release the Builder from its obligations only if all of the following occur: (i) Association Accepts Obligation. The Association has unconditionally accepted and assumed all of the Builder's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of the Builder under this Agreement. The assignment shall also have been approved by the appropriate governing body of the Association by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) Association's Declaration of Restrictions. The City has reviewed and approved the Association's recorded Declaration of Restrictions to confirm that said document contains the following provisions: the Association shall be responsible for the maintenance of the Privately Maintained Public Areas, the Association shall indemnify City for all claims, demands, causes of action, liability or loss related to or arising from the maintenance activities, and the Association shall not seek to be released by City from the maintenance obligations of this Agreement, without the prior consent of City and one hundred percent (100%) of the holders of first mortgages or owners of the Property. (iii) Association Insurance. The Association procures and formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance which meets the requirements set forth in Paragraph 3 (a) (ii) above. The Association shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the Builder shall be released from its obligations under this Agreement, including its security and 4 7-23 11/2/05 insurance requirements. At least sixty (60) days prior to such transfer, Builder shall give notice to the City of Builder's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 4(a). 5. McMillin Otav Ranch's Insurance. Until such time as the Builder has obtained the general liability insurance required by Paragraph 3(a)(ii) above, McMillin Otay Ranch agrees to procure and formally resolves to maintain at its sole cost and expense, commencing no later than the date that the landscape architect of record has submitted a letter of substantial conformance pertaining to work being completed to the General Services Department and the General Services Department Director or his designee has deemed the work complete and satisfactory, a policy of public liability insurance that would include, but is not limited to the following: (a) A comprehensive general liability and property damage insurance policy insuring McMillin Otay Ranch against liability incident to ownership or use of the Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best A, Class V or better with modified occurrences and as admitted by Best's Insurance Guide. (b) Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements McMillin Otay Ranch do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds and; (iii) The policy shall contain the following severability clause (or language which is substantially the same): The coverage shall apply separately to each insured except with respect to the limits of liability. McMillin Otay Ranch shall provide the City with a Certificate ofInsurance upon procurement of the policy as set forth above. 6. Indemnity. (a) Bv McMillin Otav Ranch. McMillin Otay Ranch shall defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorneys fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), that may be asserted or claimed by any person, firm, or entity because of or arising out of or in connection with the use, maintenance, or repair of the Privately Maintained Public Areas by McMillin Otay Ranch. McMillin Otay Ranch shall not have any liability under this section by reason of the Builder's or the Association's failure to maintain. 5 7-24 11/2/05 (b) Bv Builder. The doc.urnent whereby McMillin Otay Ranch transfers a Maintenance obligation to a Builder shall be signed by both McMillin Otay Ranch and the Builder and shall set forth an express assumption of Maintenance and other obligations hereunder and shall include the following indemnification provision: Indemnity. The Builder shall defend, indemnify, and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorneys fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein claims or liabilities), which result from the Builders failure to comply with the requirements of the obligations transferred hereby to Builder. Builder shall not have any liability under this Indemnity by reason of another partys failure to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This Indemnity may not be amended without the written consent of the City Director of Planning and Building or City Attorney. (c) Bv Association. The document whereby a Builder transfers a Maintenance obligation to a Transferee shall be signed by both Builder and the Association and shall set forth an express assumption of Maintenance and other obligations hereunder and shall include the following indemnification provision: Indemnity. The Association shall defend, indemnify, and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorneys fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein AcIaims or liabilities), which result from the Associations failure to comply with the requirements of the obligations transferred hereby to Association. Association shall not have any liability under this Indemnity by reason of another partys failure to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This Indemnity may not be amended without the written consent of the City Director of Planning and Building or City Attorney. 7. Agreement Binding Upon Any Successive Parties. This Agreement shall be binding upon McMillin Otay Ranch, any Builder and any Associations upon transfer of maintenance obligations to the Builder(s) or Association(s), respectively. This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. 8. Agreement Runs With the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to 6 7-25 1112105 enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 9. Governine Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 10. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office. II. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 12. Recordine. The parties shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved by the City Council. 13. Miscellaneous Provisions. (a) Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this Paragraph by giving written notice of such change to the other party. IfTo City: CITY OF CHULA VISTA Department of Public W orkslEngineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer If To McMillin Otay Ranch: McMILLIN OTA Y RANCH, LLC P.O. Box 85104 San Diego, CA 92186-5104 Attn: Project Manager (b) Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. 7 7-26 11/2/05 (c) Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, understandings and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. (d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. (e) Compliance With Laws. In the performance of its obligations under this Agreement, McMillin Otay Ranch, its agents and employees, shall comply with any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. (f) Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. (g) Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego County Recorder's Office. (h) Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to person or circumstance, shall not be affected thereby and each term, covenant or condition shall be valid and be enforced to the fullest extent permitted by law. (i) Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. CITY OF CHULA VISTA, a municipal corporation By: Stephen C. Padilla, Mayor Attest: 8 7-27 11/2/05 Susan Bigelow, City Clerk APPROVED AS TO FORM: By: Ann Moore, City Attorney McMILLIN OTAY RANCH, LLC, a Delaware limited liability company By: McMillin Management Services, L.P. a California limited partnership, Manager By: Corky McMillin Cons a California co Services, Inc. , eneral Partner STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) Oni:.Jovbnbe,.-l, ,200~, before me, r-3~end&L N~e:V1c1€ .\.'So", , Notary Public in and for said State, personally appeared ---r;;?,..-f c/ Ga [acrh eQ L-l ax7d FlrCt n k ?aiel I e.. , personally known to me (er PWV@Q tQ m~ OR the easi, of sfrtisfaet6,y '" idcnccj to be the persot@ whose nam@ is~subscribed to the within instrument and acknowledged to me that he/she~ executed the same in his/her@authorized capaci~sj) and that by his/he~ignatur@on ~e instrument, the perso@, or the entity upon behal of which the perso1@ acted, executed the mstrument. WITNESS my hand and official seal. ~~ ~ . COMM.# 1364428 ~ ~. NOT MY f"U8L1C..cAL.IFOANIA ::E Z ' SAN DIEGO COUNTY - '. .' MYCOMMISS10NEXF'IAESJUL.Yl2,2l'Xl6 Signatur~c?/1!b 171/~~~ 9 7-28 1112105 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On . 200_, before me, Notary Public in and for said State, 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 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 (Seal) 10 7-29 1112105 EXHIBIT "A" Lee:al Description Lots 8 and 9 of City Tract No. 05-07 McMillin Otay Ranch Village 7, "A" Map, in the City of Chula Vista, County of San Diego, State of California, according to Map No. 15014, filed in the Office of the County recorder of San Diego County, May 6, 2005. 1l/2/05 7-30 -.-- - - ..------.~-- -- --_.~-~--_.. --____..___ ____.____._ ___ _._ ..._ ____ _. ___u ___ _ _'_'___ r I I I ~H/BIT 'B' ~- iL .,. . ---------------------- Lof 8 . Miff /00/4 ( R~ b) PARCEL "A" 0J/ ~N j!k ~ . \)j ):: .\A McMILLIN OTAY RANCH VILLAGE 7 R-S & R-7 CITY OF CHULA VISTA, CA cvr 05-07 /OJ t ~ ~ III I 'il Lo+ q mllf /6014 0-1) 7-31 :S jied I cJ,~ 1 ~ - I I I 1 I I I I I I I I I I I I I I I I I I I I II II I I i/ 1--- ( I I I I rl J r" ~ 8--3 -,-/l: C" _LJ1L~____ EXHiBIT 'B' ! I ' EC;::- sffFGT ( /1) ~ ;1 II J I / j' I I __GADrC"1 ll":l I ) Ml\\"<~l.. ..... I / / / / / I / I / I I I ; I I I I I I I I I I I I I I I I I r' I f~- cJ McMILLIN OTAY RANCH VILLAGE 7 R-6 & R-7 CITY OF CHULA VISTA, CA CVT 05-07 n~7 5kQd ,?oj~ EXHIBIT "C" Maintenance Responsibilities City of Chula Vista Area HOA Maintenance Maintenance Parkways within those Landscaping in the parkways Maintenance of curb, gutter, portions of those public road including irrigation, and sidewalks and pavement, and shown on Exhibit "B." maintenance and irrigation of trimming and pruning of turf areas. trees. 7-33 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT BETWEEN MCMILLIN OT AY RANCH, LLC, AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF PUBLIC RIGHT-OF-WAY WITHIN MCMILLIN OTAY RANCH VILLAGE SEVEN R-6 AND R-7, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, McMillin wishes to ultimately transfer ownership of Neighborhoods R-6 and R-7 to a guest builder; and WHEREAS, the grant of easements and maintenance agreement sets forth the master developer's and guest builder's obligation to maintain landscaping in the public right-of-way; and WHEREAS, there are some areas of public right-of-way that will be maintained by the Home Owner's Association for Neighborhoods R-6 and R-7 (HOA); and WHEREAS, the agreement and grant of easements sets forth the obligations of the HOA in maintaining the public right-of-way; and WHEREAS, staff believes that the proposed agreement will guarantee the maintenance of the aforementioned improvements and recommends Council approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Grant of Easements and Maintenance Agreement, between McMillin Otay Ranch LLC and the City of Chula Vista for the maintenance of public right-of- way within Otay Ranch Village 7, R-6 and R-7, 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 2uthorized and directed to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by Sohaib Alagha City Engineer 7-34 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL LrA~ Ann Moore City Attorney Dated: 11/30/05 GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT FOR CVT NO. 05-07 MCMILLIN OT A Y RANCH R6 AND R-7 7-35 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Chula Vista I 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency for less than afee interest for which no cash consideration has been paid or received. (ABOVE SPACE FOR RECORDER'S USE) GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 05-07 MCMILLIN OTAY RANCH VILLAGE 7 "A" MAP, RI-A, RI-B, R-5 (DEDICATED EASEMENTS) This GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT ("Agreement") is made as of this _ day of ,200_, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and McMILLIN OTAY RANCH, LLC, a Delaware limited liability company ("McMillin Otay Ranch"). RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described in Exhibit A attached hereto and incorporated herein ("Property"). Portions of the Property are planned to be developed as a planned residential development project commonly known as "Village of Vista Verde". B. McMillin Otay Ranch is the Declarant under that certain Master Declaration of Restrictions For Village of Vista Verde filed or to be filed for record in the Official Records of San Diego County, California (the "Master Declaration"). The Master Declaration provides for Village of Vista Verde Master Association, a California nonprofit mutual benefit corporation ("MHOA") to maintain certain areas in the Property. Furthermore, one or more separate associations or sub- associations may be formed ("SHOA") for a particular project(s) within Village of Vista Verde, the purposes of which would include the maintenance of certain amenities within the Property over which the SHOA has jurisdiction. 1 7-36 C. The Property is or will become covered by that the certain final map(s) (the "Final Maps") described on Exhibit" A" attached hereto and referenced in the title to this Agreement. D. In order for McMillin Otay Ranch to obtain the Final Maps and for the City to have assurance that the maintenance of certain areas within the Property would be provided for, the City and McMillin Otay Ranch entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which McMillin Otay Ranch agreed that maintenance of such areas shall be accomplished by the creation of a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those particular areas which were dedicated to the public on one or more of the Final Maps but which include landscaping and drainage improvements to be maintained by the MHOA. The public areas to be maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas." E. The City desires to grant to McMillin Otay Ranch easements for landscape maintenance purposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B" in order to facilitate the obligations of McMillin Otay Ranch as set forth in the Supplemental Subdivision Improvement Agreement, adopted pursuant to the City Resolution. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as set forth below. I. Grant of Easements. The City hereby grants to McMillin Otay Ranch and its agents, successors and assigns, non-exclusive easements and rights-of-way over and across the MHOA Maintained Public Areas for the purpose of maintaining, repairing and replacing landscaping and irrigation improvements located thereon. These grants are made without any warranties of any kind, express or implied, other than the warranty stated in Paragraph 14(1) below. 2. Maintenance Oblil1:ations (a) McMillin Otay Ranch to Initially Maintain. McMillin Otay Ranch hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, those improvements within the MHOA Maintained Public Areas which are described on Exhibit "C" attached hereto, such maintenance shall beat a level equal to or better than the level of maintenance which is acceptable to the Director of Public Works Operations, at his/her discretion and equivalent to City or Community Facilities District maintained right-of-way facilities. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair, and replacement obligations described herein and on Exhibit "C" hereto and shall also include repair and replacement at no cost to the City of any City owned property that is damaged during performance of the maintenance responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of the City. (b) Transfer to MHOA. Upon McMillin Otay Ranch's transfer of maintenance obligations to the MHOA, (i) the MHOA shall become obligated to perform the obligations so transferred, and (ii) subject to the City determining that the requirements of Paragraph 3 below have been satisfied, McMillin Otay Ranch shall be released from such obligation. 2 7-37 Transfer of maintenance obligations to the MHOA may be phased (that is, there may be multiple transfers). McMillin Otay Ranch represents to City that it intends to, and has the authority to, unilaterally transfer said maintenance obligations either (i) to the MHOA and that such transfer has been provided for in the Declaration, and that such document(s) include the provisions described in Paragraph 3(a)(ii) below, or alternatively (ii) to a new homeowners association (the "New Association") established for maintenance of the open space and thoroughfare median areas in the Property, and that such transfer shall be provided for in the declaration of restrictions (the "New Declaration ") for the New Association, and that such document(s) shall include the provisions described in Paragraph 3(a)(ii) below. References below in this Agreement to the "Association" shall include the New Association and "Declaration" shall include the New Declaration if McMillin Otay Ranch elects to form a new homeowners association for the Property. (c) Transfer By MHOA. The MHOA shall have the right to transfer Maintenance obligations to a SHOA or to the owner of an apartment project ("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i) the Transferee shall become obligated to perform the obligations so transferred, (ii) the MHOA shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii) the MHOA shall be released from the obligations so transferred subject to the City determining that the requirements of Paragraph 4 below have been satisfied. Although it is possible that Maintenance obligations might be transferred to an apartment owner, McMillin Otay Ranch does not believe it is likely that Maintenance obligations will be transferred to an apartment owner. 3. Assi!!nment bv McMillin Otav Ranch and Release of McMillin Otav Ranch (a) Assignment. Upon McMillin Otay Ranch's transfer of the Maintenance obligations to the MHOA, it is intended by the parties that the MHOA shall perform the Maintenance obligations either itself or by contractors. Such transfer will release McMillin Otay Ranch from its obligations only if all of the following occur: (i) MHOA Accepts Obligation. The MHOA has unconditionally accepted and assumed all of McMillin Otay Ranch's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of McMillin Otay Ranch under this Agreement. The assignment shall also have been approved by the appropriate governing body of the MHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) MHOA's Declaration. The City has confirmed that there have been no modifications to the recorded Declaration previously approved by City, to any of the following provisions: the MHOA shall be responsible for the maintenance of the 3 7-38 MHOA Maintained Public Areas, the MHOA shall defend indemnifY, and hold harmless the City and its agents and employees for all claims, demands, causes of action, liability or loss related to or arising from the maintenance activities, and the MHOA shall not seek to be released by City from the maintenance obligations of this Agreement, without the prior consent of City and one hundred percent (100%) of the holders of first mortgages or owners of the Property. (iii) MHOA Insurance. The MHOA procures and formally resolves to maintain at its sole cost and expense, commencing no later than the City's release of all of McMillin Otay Ranch's landscape maintenance bonds, a policy of public liability insurance which at least meets the requirements of Section 5.1 (a) of the Master Declaration which reads as follows: (a) General Liability Insurance. The Master Association shall obtain a comprehensive general liability and property damage insurance policy insuring the Master Association and the Owners against liability incident to ownership or use of the Master Association Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best of "A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions: provided they are available on a commercially reasonable basis: (i) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements the Master Association do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds; (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability." This Section 5.1(a) may not be amended without the written consent of the City Planning Director and City Attorney. 4 7-39 The MHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, McMillin Otay Ranch shall be released from its obligations under this Agreement, including its security and insurance requirements. McMillin Otay Ranch acknowledges that it has a contractual obligation to perform the terms and conditions of this Agreement until and unless released by the City from this Agreement. At least sixty (60) days prior to such transfer, McMillin Otay Ranch shall give a notice to the City of McMillin Otay Ranch's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3(a). 4. Assie:nment bv MHOA and Release of MHOA. (a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall perform the Maintenance obligations either itself or by contractors. Such transfer will release the MHOA from its obligations only if all of the following occur: (i) Transferee Accepts Obligation. The Transferee has unconditionally accepted and assumed all of the MHOA's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of the MHOA under this Agreement. If the Transferee is an SHOA, the assignment shall also have been approved by the appropriate governing body of the SHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) SHOA's Declaration of Restrictions. If the Transferee is an SHOA, the City has reviewed and approved the SHOA's recorded Declaration of Restrictions to confirm that said document contains appropriate maintenance and insurance provisions. (iii) SHOA Insurance. The Transferee procures and formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance which meets the requirements set forth in Paragraph 3 (a) (iii) above. The SHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the MHOA shall be released from its obligations under this Agreement, including its security and insurance requirements. At least sixty (60) days prior to such transfer, MHOA shall give notice to the City of MHOA's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 4(a). 5 7-40 5. McMillin Otav Ranch's Insnrance. Until such time as the MHOA has obtained the general liability insurance required by Section 5.1 (a) of the Declaration, McMillin Otay Ranch agrees to procure and formally resolves to maintain at its sole cost and expense, connencing no later than the date that the landscape architect of record has submitted a letter of substantial conformance pertaining to work being completed to the General Services Department and the General Services Department Director or his designee has deemed the work complete and satisfactory, a policy of public liability insurance that would include, but is not limited to the following: General Liability Insurance. McMillin Otay Ranch shall obtain a comprehensive general liability and property damage insurance policy insuring McMillin Otay Ranch against liability incident to ownership or use of the Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best A, Class V or better with modified occurrences and as admitted by Bests Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the Citys requirements McMillin Otay Ranch do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds and; (iii) The policy shall contain the following severability clause (or language which is substantially the same): The coverage shall apply separately to each insured except with respect to the limits of liability. McMillin Otay Ranch shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. 6. Indemnitv. McMillin Otay Ranch shall defend, indemniJy and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorneys fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein" claims or liabilities"), that may be asserted or claimed by any person, firm, or entity because of or arising out of or in connection with the use, maintenance, or repair of the MHOA Maintained Public Areas. McMillin Otay Ranch shall not have any liability under this section by reason of the Transferees failure to maintain provided McMillin Otay Ranch has transferred its maintenance obligations in accordance with this Agreement and been released from its obligations pursuant to Section 3(b). 7. Indemnitv If Transferee. The document whereby McMillin Otay Ranch transfers a Maintenance obligation to a Transferee shall be signed by both McMillin Otay Ranch and the Transferee and shall set forth an express assumption of Maintenance and other obligations hereunder and shall include the following indemnification provision: 6 7-41 Indemnity. The Transferee shall defend, indemnify, and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorneys fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein claims or liabilities), which result from the Transferees failure to comply with the requirements of the obligations transferred hereby to Transferee. Transferee shall not have any liability under this Indemnity by reason of another partys failure to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This Indemnity may not be amended without the written consent of the City Director of Planning and Building or City Attorney. 8. Agreement Binding Upon Any Successive Parties. This Agreement shall be binding upon McMillin Otay Ranch and any successive Declarant under the Declaration. This Agreement shall be binding upon MHOA and any Transferees upon transfer of maintenance obligations to the MHOA or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. 9. Agreement Runs With the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 10. Governine: Law. This Agreement shall be governed and construed in accordance with the laws of the State ofCalifomia. 11. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office. 12. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 13. Recordine:. The parties shall cause this Agreement to be recorded in the Official Records ofthe San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved by the City Council. 14. Miscellaneous Provisions. (a) Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to 7 7-42 either party shall be in writing and shall be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this Paragraph by giving written notice of such change to the other party. IfTo City: CITY OF CHULA VISTA Department of Public Works/Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer If To McMillin Otay Ranch: McMILLIN OT A Y RANCH, LLC P.O. Box 85104 San Diego, CA 92186-5104 Attn: Project Manager (b) Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. (c) Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, understandings and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. (d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. (e) Compliance With Laws. In the performance of its obligations under this Agreement, McMillin Otay Ranch, its agents and employees, shall comply with any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. (f) Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. 8 7-43 (g) Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego County Recorder's Office. (h) Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to person or circumstance, shall not be affected thereby and each term, covenant or condition shall be valid and be enforced to the fullest extent permitted by law. (i) Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. CITY OF CHULA VISTA, a municipal corporation By: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk APPROVED AS TO FORM: By: Ann Moore, City Attorney 9 7-44 McMILLIN OTA Y RANCH, LLC, a Delaware limited liability company By: McMillin Management Services, L.P. a California limited partnership, Manager By: Corky McMillin Constru tio Services, Inc. , a California . neral Partner ~itle 4-~ 1) c:Sb STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On NDVOYl ocr 2 , 200 JL, before me,h~do. Notary Public in and for said State, personally appeared c:i cl n VI c\ P v"CLV\ K :uu c:l1-e.... ~. ~~ nCkvSOVl .?7 . ax nt'u. LA... personally known to me (~ pre',ea Lv me on d,~ b",i, uf ,,,Li,fa~L"'l') e dekH~~) to be the perso S whose nam@)i@~bscribed. to the ~thin ins~e.nt and acknowle~ged to m~ th~t he/sh the executed the same In his/her~thonzed capac~ and that by hls/he elr 19na s on ~e instrument, the perso~ or the entity upon bel~rrTITwhich the perso s acted, executed the Instrument. WITNESS my hand and official seal. ~. &j.' .,,;--- SRg~..i.IJ..'A~5ffiSON1 ~ ',. eJ(',')MM.# 1364428 ii5 i'JJ . .-.. . N€l'fARY fY81.IO..cA.LlFOPiNlA :E ~ .,' -~ - &AM DIm COUNTY ..... ~ "-',,--'-'M'(~O.l.\MISA\Q~!;.X'IIiltiSJU..V12,2000 S ~". -- ---~ -- rflIoo"-rs:-- ---- ".-~~.~~~-( eal)-- Signatu~f f[!fl-/J; fio~~0- 10 7-45 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On , 200-, before me, Notary Public in and for said State, 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 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 (Seal) 11 7-46 EXHIBIT "A" Lel!al Description "A" Map Lots: Lots 1 through 6, inclusive, of City Tract No. 05-07 McMillin Otay Ranch Village 7, "A" Map, in the City ofChula Vista, County of San Diego, State of California, according to Map No. 15014, filed in the Office of the County recorder of San Diego County, May 6, 2005. Lots 1-6 of the "A" Map were re-subdivided into Neighborhoods R1-A, R1-B, R-5 asfollows: R-IA: Lots 1 through 151, inclusive, and Lots A through L, inclusive, of City Tract No. 05-07 McMillin Otay Ranch Village 7, R-IA, in the City of Chula Vista, County of San Diego, State of California, according to Map No. 15105, filed in the Office of the County recorder of San Diego County, September 19,2005. R-1B: Lots 1 through 160, inclusive, and Lots A through X, inclusive, of City Tract No. 05-07 McMillin Otay Ranch Village 7, R-IB, in the City of Chula Vista, County of San Diego, State of California, according to Map No. 15106, filed in the Office of the County recorder of San Diego County, September 19,2005. R-5: Lots 1 through 132, inclusive, and Lots A through 0, inclusive, of City Tract No. 05-07 McMillin Otay Ranch Village 7, R-5, in the City of Chula Vista, County of San Diego, State of California, according to Map No. 15107, filed in the Office of the County recorder of San Diego County, September 19,2005. 7-47 J# 1453 I.lvl EXHIBIT "B" MASTER HOME OW1\TERS ASSOCLA.TION MAINTAINED PUBLIC AREAS Parcels "A" through "G" That portion of Wolf Canyon Loop and Bob Pletcher Way as dedicated to public use on Chula Vista Tract No, 05-07 McMillin Otay Ranch Village 7, "A" Map, Map No, 15014, shown as parcels "A" through "G" on Sheets 2 through 4. Parcels "H" through "u" That portion of public right-of-way as dedicated to public use on Chula Vista Tract No. 05- 07 McMillin Otay Ranch Village 7, R-IA, Map No. 15105, shown as Parcels H through U on Sheets 5 through 7. Parcels "V" through "EE" That portion of public right-of-way as dedicated to public use on Chula Vista Tract No. 05- 07 McMillin Otay Ranch Village 7, R-IB, Map No. 15106, shown as Parcels "V" through "EE" on Sheets 8 and 9. Parcels "FF" through "JJ" That portion of public right-of-way as dedicated to public use on Chula Vista Tract No. 05- 07 McMillin Otay Ranch Village 7, R-5, Map No. 15107, shown as Parcels "FF" through "JJ" on Sheets I 0 and II. Page I of 11 7-48 , I I w ~ <( z W ....I <( Cl ~ ~ ~ 3- u. a: o a C/) ',u. ,...J '0 s: R~,J ;.\ LANE'Wi "ell '~...- , :PARCEL "0" . ! ,~~:::re_:.t~;'~";m~<~~~,;;,: (fl,' ~"""" "......: .lliC~.,",';'4.~,," '. '".'.',."..'.,.',..... '- '}' "'4:;" \ -'~ ; ,-,' ~ i i - ",' , : ~,' i:', PARCEL "A", ;, .;, - - ~ - WOLF CANYON COOP Nr~;,'-'~,,' ." A,Atil~'~~~*?'~. ,.L)~Y~ " ~'" .....".. '-ANg!'~!1 "'" ....,. "-, ,,'y, .......'-,... . .......-..."/\~ .........r , i / / ...."...."....,.. -'''. =::REfCHEBIW!'Y":"" "'0,.,. " --"-<.- -~ ~;; c- o t ~ N I',; "-" ",,- EXHIBIT "B" SHEET 2 OF 11 7 49 !;DJ'", .~z ". ,,<:t:' ,~..,' .~ LVJ. . , /f'.. bo/ ,*7 'V: , '''1A . ......, ~d'."", qI....', I..~'.x, .~ .' ~~)'/ ':-.' '.<1IQ\ .'R ~ ....~;l // :-,</;, J rl' D ;'--, IlF~' ,,'y 'PARCEL <1~.... ". .>' ~~~/. / ,. .... "-'~~/'~, ", \__i..'- ,.",: '-:i\ \,,?~?;,.t ......"~,.,:.. '?-S.~..'.'. ' /~.. . . '0..'- ' V" ,.-~",,-- " ,~ '~ ;,.' i ,9( ,/ "- / . . '., , .,..... " -'~"~'----'''' ~..__ ~_.,__...n,.~ " I I i ..' " / ,,' .<' :~'_,~",i]#jM~,,~~:::,,-:,,\:,_,., """;",,::*~~::rM:iii-W:@}'fl<:,4fi--~; ,:....:,BOKPLETCHERWAY ""~'-"~"-',<^,.", R-b -- ../ //' N SHEET 3 OF 11 EXHIBIT "B" 7-50 " I i I I ~,~ J.8 , J \. ".'_ '-i \ub ", ~ '~' '.~ - -,., ''7,\,,, . . (('\ ..... ")J ,.<' ~~~"\ , '~ s:\ s"\ ~'i;.1J'!-, B ' , .,'-, . 'z ' % .\~ <& 't- CO c::, ~I ;-'1- "-,' '.,....'. , '-~ :"~1';' BOB PLETCHER WAY :~>x"..)~. '. ~:",:::~:~#::~--';;;: ~, ( [\ - 0 '-l EXHIBIT "B" 7-51 SHEET 4 OF 11 ~- J( i! L- II I! II r~ '7 "'l! >...,;~ },<'" .-' .,~ .. r I I lis I .. I '" '" PARCE' I '1 I I .. .. .. .. 70 '" 7, ,. 71 '> ,. 1> ,. , " .l\i:;~~~~"; _"i' >"'iVw.<o.'i -,,*'>- ','0< ,~ ,r"'~';,<<1!" WEBBER WAY , , \'~'" i!ci" ~,,, !J,:'~ ~.-" '~~: , " .. .. '1 .. .. ., ... .. R-1 A ~~:=--=- Fr~ I I I IpARCEL "J" I \ ,. I I I I I I I I I I I I I .. .. .. '" OIl .. ... '1 .. .. " .. ~ " I, I. " 17 7~ 11 10 . .. " "" IMIl , ..'.'t...... .......... / I """-'1' .. ....i.~..".,..,..._....~.,.^., I ' , i i i 'rJ c-'; 1\-0, ........"..1.,~,." / .~ ;: "----/. ',. ~ :; ! " " ,;; ~', - , ' <:' ~ , .t:<~~::,,',: ~ _... . ...... ._~. ..... ,. '...... .... .....<>. ....._ .:.. ,,::'.:::::::.::~_.'" .. .._.._........ --':__..... , , " \_.., .;>. ...,;~~~.~;~~~~'~~~~"":.'.':.:"':::.'~::."'.::":,:':~;,;,::~;:::{,'," ",.: ~~ ~< ,.,'" y .":."n"~'~~~_:_,._>_;_",."'_".,.,.~:_,_:'" _c',. ""b:_"",,,,_:,,.,,,,,,__:.,,,.,;,.~,,.::.:.,,.,,,>>=,.:,,~::.::,,.,,:,;,,,""_,,=,,~,,~,..;: ",.,.,,,.,,,,.,~~..,.,,.~.~.,,, ".,~, ,. "._".~ '" "'- j';~:::.,'i'mmm m.'............,_ ..._... ...,......,...,....",. ~" ", ' ' !fh'~ "...;~.:~~~:">~:, ',""<\ ;, ; ~: : EXHIBIT "B" SHEET 5 OF 11 -1 '> ~ I -- - ;,-- / .. NEIGH80'RHOOD BO.UNDARY '. ./r~-J 8 / " ','- / " llSU--. ,;' ; ,{ / //,' .'\..." PARCE( tRIl ,,/-- -", ,,/ :(,' ,.. , 'ii, : L". "[l - f>' >~O/' . "...~, . -, '. Q ; ,,' '>". ,t1.p . PARCEL '" /' ,,',rO./~~ . ~ 'rv: "'- ./~' "';,-..,,,,,, /'-. , /~a /' '~'~..o. " / . h' ,,_, !;;<; _./'::'--~- ":;" " ~iJ ./ , -'" ':,>., .'<; // 'pll "., ,~;:' SHEET 6 OF 11 , 7-53 .o<'~ Cr\ f(..OP-O e\~ ~~ ,'" '0< '20 '>> '" '" ';":' ii-: 'ARCEL , ",../' So" R~j8 -". '" EXHIBIT "B" SHEET 7 OF 11 7-54 :G1' ill U_ ' ,\ J\ ,rl o~ ~'~~ ~,~&,' " '" /- ,,"--:: "" '," ~ ') iII'i B " iif Of i:/ II ~ $ :00 Z EXHIBIT "B" SHEET 8 OF 11 7-55 _:.,.v ~. ........v~o~ Ja. ~(j \) R~ J /, oj r-' J\ '- \:] ',I PARCEL "EE" _'lC::j'BB; :: ~ il " $ =.z EXHIBIT "B" SHEET 9 OF 11 7-56 , - ~ o r;; en o o :D '"T1 ~ .~ ..--r..........\ -........:.i"'. ~:... ........... ! 1\ J ,-l i i I , I 'Jo \ PARCEL "FF" "~""" - . . , . " , , , , '. '1 'of ... '.WO'CJ=C8NYQN.:C'OOP ..,="',.,_...::.:v<<<'.-.......,...,....,.,< "h'",. '3, '" '., ,,. I " '" " .. ,. " " PARCEL "GG" R-5 " '" '" '" .. .. " .. " N~I"O" .. .. PARCEL "HH" " " .. " .. r~ ,~ '>3 '" ,~ '" '" '" '" '" '" II. ," II' II. I" '" N ,-- EXHIBIT "B" SHEET 10 OF 11 7-57 ty~ . ~s~ '-'9j" r~;, j r) . r-,J~ r., ". f\ ~ ,. " <L '. ~d\\ ~O\.. . '~/'..' cS~' '" ~~cf;: ',:,'t / ......,...,...." ,:::.,,,~.,..,.... '. "BOiip[ETCHERWAY. '" ,c. ,__,......... ( EXHIBIT "B" SHEET 11 OF 11 I I-bll EXHIBIT "e" Maintenance Responsibilities City ofChula Vista Area HOA Maintenance Maintenance Parkways within those Landscaping in the parkways Maintenance of curb, gutter, portions of those public road including irrigation, and sidewalks and pavement, and shown on Exhibit "B." maintenance and irrigation of trimming and pruning of turf areas. trees. 7-59 COUNCIL AGENDA STATEMENT q Item '--' Meeting Date 12/06/05 ITEM TITLE: A) Resolution approving a Grant of Easements and Maintenance Agreement between Yacoel Investments, LLC, a California limited liability Company, and the City of Chula Vista, for The Crossings project located at the Southeast comer of Main Street and I-80S, and authorizing the Mayor to execute said Agreement. B) Resolution approving a Landscape Maintenance Provisions Agreement (Caltrans Encroachment Permit 11-05-NLF-0284) between the City of Chula Vista and Caltrans regarding the maintenance of property adjacent to The Crossings project and within Caltrans right-of-way, and authorizing the Mayor to execute said Agreement. SUBMITTED BY: City Engineer * /' ') (7 City Manager ji ~ VII (4/Sths Vote: Yes_No.KJ REVIEWED BY: The Parcel Map for The Crossings shopping center project was approved and recorded, along with a Parcel Map Improvement Agreement and Supplemental Parcel Map Improvement Agreement, on 3/1 0/05. The project is located at the southeast comer of Main Street and I-80S (Attachment I), and will consist of a Kohl's department store and other smaller commercial vendors sharing the site. The Grant of Easements and Maintenance Agreement, required by the Supplemental Parcel Map Improvement Agreement, is now before Council for consideration and approval along with a Landscape Maintenance Provisions Agreement between the City and Caltrans. These agreements set forth specific obligations and responsibilities for the maintenance of certain landscaping improvements and facilities adjacent to the project. RECOMMENDATION: That Council adopt the resolutions approving the Grant of Easements and Maintenance Agreement for The Crossings, the Landscape Maintenance Provisions Agreement, and authorizing the Mayor to execute said Agreements. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The project is located at the southeast comer of Interstate 805 and Main Street just west of the existing SBC property, and consists of eight numbered lots and no lettered lots, totaling a gross area of23.63 acres. The Grant of Easements and Maintenance Agreement establishes specific obligations and responsibilities ofYacoel Properties, LLC, the owner of the project, regarding the maintenance of landscaping, and all associated irrigation systems, within City and Caltrans right-of-way as well 8-1 Page 2, Item Meeting Date 12/06/05 1 as paving, medians, lighting, drainage facilities, and landscaping and irrigation within the public street easement between Main Street and the SBC entrance. The Landscape Maintenance Provisions Agreement between the City and Caltrans addresses the portion ofthe project within Caltrans right-of-way. As a condition of The Crossings project, Yacoel Properties, LLC, was required to landscape the southeast comer of the Main Street and 1-805 intersection as well as some parkway landscaping that all falls within Caltrans right-of-way. In this case, in order to install said landscaping, Caltrans required an agreement be established with a public entity to cover the maintenance responsibilities. The result is the Landscape Maintenance Provisions Agreement. Through the Grant of Easement and Maintenance Agreement between the City and Yacoel Properties, LLC, the City's maintenance obligations for this landscaping and irrigation are assigned to Yacoel Properties, LLC. FISCAL IMPACT: None to the City. All of the maintenance, and any costs associated with it, will be the responsibility of Yacoel Properties, LLC. All staff costs associated with the proposed agreements will be reimbursed from the developer's deposits. Attachments: 1: Vicinity Map of The Crossings 2: Grant of Easement and Maintenance Agreement 3: Landscape Maintenance Provision Agreement between Caltrans and City J :\Engineer\AG EN DA \CAS2005\ 12-06-05\A 113 _grantEasement.doc 8-2 ATTACHMENT I ~ ~. ~ AVE. ., . -N- \ lu ~ ~. g : -.:c >= ClO: !:l::: ~ ~ :5. :::c:t ""'- , LS ctl c5 OrAY VALLEY ROAD ~ ~ ..... .~ . STREET, , SITE MAIN, I- k1 !4J.' :::s .l,lj <: .~ ~' V) ~ ,~ ~ .", -.;J ~ 1:::). ~ ~f.,~ 01Ai VICINI TY,MAP NO SCALE 8-3 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS, AND MAINTENANCE AGREEMENT BETWEEN Y ACOEL INVESTMENTS, LLC, AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF PUBLIC RIGHT-OF-WAY ALONG THE FRONTAGE OF THE CROSSINGS SHOPPING CENTER, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, Yacoel Investments, LLC, ("Owner") has received approval of a parcel map for The Crossings shopping center, Tentative Parcel Map No. 04-08, totaling 23.63 acres; and WHEREAS, the Owner has entered into a Supplemental Parcel Map Improvement Agreement in which it has agreed to maintain certain areas of the public right-of-way; and WHEREAS, the Grant of Easements and Maintenance Agreement sets forth the obligations of the Owner and subsequent Transferees in maintaining landscaping within the public right-of-way; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Grant of Easements and Maintenance Agreement between Yacoel Investments LLC and the City of Chula Vista for the maintenance of public right-of-way along the frontage of the Crossings shopping center, 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 agreements for and on behalf of the City of Chula Vista. Presented by Sohaib Al-Agha City Engineer 8-4 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL l~ Ann Moore City Attorney Dated: 11/10/05 GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT WITH Y ACOEL INVESTMENTS, LLC FOR CROSSINGS 8-5 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency for less than a fee interest for which no cash consideration has been paid or received. (ABOVE SPACE FOR RECORDER'S USE) GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 04-08 (DEDICATED EASEMENTS) This GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT ("Agreement") is made as of this ~ day of ,200_, by and between the CITY OF CHULA VISTA, a municipal corporation {"City") and Y ACOEL INVESTMENTS, LLC, a California limited liability company ("Owner"). RECITALS A. This Agreement concerns and affects certain improvements within portions of the real property located in Chula Vista, California, more particularly described in Exhibit "A-I" attached hereto and incorporated herein ("Property"). The Property is part of a shopping center commonly known Chula Vista Crossings. For purposes of this Agreement, the term "Project" shall refer to certain improvements located within the Property and celiain areas located outside ofthe boundaries ofthe Property. B. Owner is the owner of the Property and the Developer under that certain Operation and Easement Agreement dated March 16,2005, and recorded with the San Diego County Recorder on March 16,2005 as instrument no. 2005-0216257 ("OEA"). The OEA currently provides for Owner to maintain certain areas in the Project and, to which the City has required through a Supplemental Parcel Map Improvement Agreement approved by the City Engineer dated March 3, 2005, and recorded with the San Diego County Recorder on March 11,2005 as instmment no. 2005-0201289 ("SPMIA"), be added certain areas in the public right-of-way adjacent to the Project. C. The Property is covered by tinal parcel map 19673 ("Parcel Map"). D. In order for Owner to obtain the Parcel Map and for the City to have assurance that the maintenance of certain areas within the Project and adjacent to the Project would be provided for, the City and Owner entered into the SPMIA and, pursuant to Condition 20 of said SPMIA, Owner agreed that maintenance of such areas shall be accomplished by the Owner. Exhibit "B" attached hereto describes those particular areas which were dedicated to the public on the Parcel Map but which include landscaping and drainage improvements to be maintained by the Owner. The public 8-6 areas to be maintained by Owner are collectively referred to as the "Owner Maintained Public Areas". E. The City desires to grant to Owner easements for landscape maintenance purposes upon, over and across the Owner Maintained Public Areas as shown on Exhibit "8," in order to facilitate the obligations of Owner as set forth in the SPMIA. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as set forth below. I. Grant of Easements. The City hereby grants to Owner and its agents, successors and assigns, non-exclusive easements and rights-of-way over and across the Owner Maintained Public Areas, where there are existing easements ofrecord in favor of the City, or the property is owned by the City, for the purpose of maintaining, repairing and replacing landscaping improvements located thereon. These grants are made without any warranties of any kind, express or implied, other than the warranty stated in Paragraph 15(1) below. 2. Maintenance Obli2ations. (a) Owner to Initially Maintain. Owner hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, those improvements within the Owner Maintained Public Areas which are described on Exhibit "c" attached hereto, at a level equal to or better than the level of maintenance which is acceptable to the Director of Public Works Operations, at his/her discretion and equivalent to City or Community Facilities District maintained right-of-way facilities. Owner shall also comply with, and assume all responsibility for the obligations contained in the Landscape Maintenance Provisions Agreement attached as Exhibit "D" solely within the Owner Maintained Public Areas. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair, the provision of water and replacement obligations described herein and on Exhibit "C" hereto and shall also include repair and replacement at no cost to the City of any City owned property that is damaged during performance ofthe maintenance responsibilities pursuant to this Agreement and the - Landscape Maintenance Provisions Agreement. Exhibit "C" also refers to the maintenance responsibilities of the City. (b) Transfer to Operator. Upon Owner's transfer of maintenance obligations to an Operator as defined in the OEA, (i) the Operator shall become obligated to perform the obligations so transferred, and (ii) subject to the City determining that the requirements of Paragraph 3 below have been satisfied, Owner shall be released from such obligation. Transfer of Maintenance obligations to the designated Operator may be phased (that is, there may be multiple transfers) . Owner represents to the City that Owner intends to, subject to the consent of the Approving Parties as defined in the OEA, and has the authority to transfer said maintenance obligations to an Operator as provided for in the OEA, and that such document(s) include the provisions described in Paragraph 3(a)(ii) below. 2 8-7 3. Assignment by Owner and Release of Owner. (a) Assignment. Upon Owner's transfer of the Maintenance obligations to the designated Operator, it is intended by the parties that the Operator shall perform the Maintenance obligations either itself or by contractors. Such transfer will release Owner from its obligations only if all of the following occur: (i) Operator Accepts Obligation. The Operator has unconditionally accepted and assumed all of Owner's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of Owner under this Agreement. The assignment shall also have been approved by all necessary parties of the Operator by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) Operator's Declaration. The Operator has confirmed that there have been no modifications to the recorded OEA and any of the following provisions: the Operator shall be responsible for the maintenance of the Owner Maintained Public Areas, the Operator shall indemnify City for all claims, demands, causes of action, liability or loss related to or arising from the maintenance activities, and the Operator shall not seek to be released by City from the _ maintenance obligations of this Agreement, without the prior consent of City and one hundred percent (100%) of the holders of first mortgages or owners of the Property. (iii) Insurance. The Operator procures and fOlmally resolves to maintain at its sole cost and expense, commencing no later than the City's release of all of Owner's landscape maintenance bonds, a policy of public liability insurance which at least meets the following requirements: (A) During the period in which Operator is responsible for the Maintenance, Operator shall maintain or cause to be maintained in full force and effect Commercial General Liability Insurance. The Operator shall obtain a comprehensive general liability and property damage insurance policy insuring the Owners against liability incident to the Maintenance Obligations. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best of "A. Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds; (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability." 3 8-8 (B) The Operator shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. (b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, Owner shall be released from its obligations under this Agreement, including its security and insurance requirements. Owner acknowledges that it has a contractual obligation to perform the terms and conditions of this Agreement until and unless released by the City from this Agreement. At least sixty (60) days prior to such transfer, Owner shall give a notice to the City of Owner's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3(a). 4. Assi!!11ment bv Operator and Release of Operator. (a) Assignment. Upon Operator's transfer of the Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall perform the Maintenance obligations either itself or by contractors. Such transfer will release the Operator from its obligations only if all of the following occur: (i) Transferee Accepts Obligation. The Transferee has unconditionally accepted and assumed all of the Operator's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations ofthe Operator under this Agreement. (b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the Operator shall be released from its obligations under this Agreement, including its security and insurance requirements. At least sixty (60) days prior to such transfer, Operator shall give notice to the City of Operator's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 4(a). 5. Owner's Insurance. Until such time as the Owner has obtained the general liability insurance required by Section 3(a) of this Agreement, Owner agrees to procure and formally resolves . to maintain at its sole cost and expense, commencing no later than the date that the landscape architect of record has submitted a letter of substantial conformance pertaining to work being completed to the General Services Department and the General Services Department Director or his designee has deemed the work complete and satisfactory, a policy of public liability insurance that would include, but is not limited to the following: General Liability Insurance. Owner shall obtain a commercial general liability and property damage insurance policy insuring Owner against liability incident to ownership or use of the Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best "A-, Class V" or better with modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The City of Chula Vista shall be named as an additionally insured paliy to such insurance pursuant to the City's requirements Owner do so; 4 8-9 (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds and; (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability". Owner shall provide the City with a Certificate ofInsurance upon procurement of the policy as set forth above. 6. Indemnitv. The Owner, its successors and assigns, shall defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), that may be asserted or claimed by any person, firm, or entity because of or arising out of or in connection with the use, maintenance, or repair of the Owner Maintained Public Areas, or the areas subject to the Landscape Maintenance Provisions Agreement. The foregoing indemnity shall not extend to any claims or liabilities that may be asserted or claimed by any person, firm or entity rising out of or in connection with the negligence or willful misconduct of the City, its officers, agents or employees. Owner shall not have any liability under this section by reason of the Transferee's failure to maintain provided Owner has been released of its obligation under this Agreement pursuant to Section 3(b). 7. Indemnitv If Transferee. The document whereby Owner transfers a Maintenance obligation to a Transferee shall be signed by both Owner and the Transferee and shall set forth an express assumption of Maintenance and other obligations hereunder and shall include the following indemnification provision: Indemnitv. The Transferee shall defend, indemnify, and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), which result from the Transferee's failure to comply with the requirements of the obligations transferred hereby to Transferee. Transferee shall not have any liability under this Indemnity by reason of another party's failure to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This Indemnity may not be amended without the written consent of the City Director of Planning and Building or City Attorney. 8. A!!reement Bindin!! Upon Anv Successive Parties. This Agreement shall be binding upon Owner, Kohl's and any successive Operator under the OEA. This Agreement shall be binding upon Owner, Kohl's and any Transferees upon transfer of maintenance obligations to the Owner or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. 9. A!!reement Runs With the Land. The burden of the covenants contained in this Agreement {"Burden") is for the benefit of the Property and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest ofthe community and other parties, public or 5 8-10 private, in whose favor and for whose benefit such covenants nmning with the land have been provided, without regard to whether the City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries ofthis Agreement and the covenants may be entitled. 10. Governin!! Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. II. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office. 12. Counteroarts. This Agreement may be executed in any number of counterparts, each of which shall be Oliginal and all of which shall constitute one and the same document. 13. Recordinl!. The parties shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved by the City Council. 14. Future Assessment District. In the event an assessment district is formed following the date hereof to maintain the landscaping and median along Main Street which includes the Owner Maintained Public Areas and which results in assessments levied against the Property, Owner shall be allowed to assign its obligations to such assessment district upon its formation in accordance with the provisions of Section 3 of this Agreement and thereafter shall be released from any further obligations accruing from and after the date thereof. 15. Miscellaneous Provisions. (a) Notices. Unless otherwise provided in this Agreement or by law, any and all . cotices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this Paragraph by giving written notice of such change to the other party. [fTo City: If To Owner: CITY OF CHULA VISTA Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer Y ACOEL INVESTMENTS, LLC 2801 West Coast Highway, Suite 380 Newport Beach, CA 92663 Attn: Claude L. Yacoel 6 8-11 (b) Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its telIDS. (c) Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, understandings and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. (d) Recitals: Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. (e) Compliance With Laws. In the performance of its obligations under this Agreement, Owner, its agents and employees, shall comply with any and all applicable federal, state and local niles, regulations, ordinances, policies, permits and approvals. (1) Authoritv of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. (g) Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego County Recorder's Office. (h) Severability. If any term, covenant or condition of this Agreement or the application thereofto any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to person or circumstance, shall not be affected thereby and each term, covenant or condition shall be valid and be enforced to the fullest extent permitted by law. (i) Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. (SIGNATURES ON FOLLOWING PAGE) J: Engi neer\Land Dev\Projects\M iscellanoLls Projects\Crossings _ at_ Main\agreements\Grnnt of Easement&Maintenance 7 8-12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. CITY OF CHULA VISTA, a municipal corporation By: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk APPROVED AS TO FORM: By: Ann Moore, City Attorney Y ACOEL INVESTMENTS, LLC, A California LimitedJ.,iability Company tf't.' V"-c..../ ;v,.-c/,:t!:'e.3 .c, e:.et::; .L.--r-s/hAn~.V" By: U. d; <-------I' Name: C-tMJJ-d-e.. Ya.CAle..{ Title: /1/10......"'-,. yo , -8- 8-13 STATE OF CALIFORNIA ) ) ss, COUNTY OF SAN DIEGO ) On ,200_, before me, Notary Public in and for said State, 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 acknowledged to me that he/she/they executed the same in hislherltheir 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 (Seal) STATE OF CALIFORNIA COUNTY OF omn~ ) ) ss ) On iY:lnl-:er '2lo 'h)d) before me, ~~ ' Notary Public, personally appeared C~\d". LjMr.eJ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/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 ARYPUBLIC ,._'~.;;:. .... u. ~~l;~' G~~~l~~ ,. .,. .~ ,.._c',...., NOTARY PUBLlC - CALIFORNIA fit :~-:f~':" < COMMiSSION -# 1371543 = \-1,; OP.ANGE COUNTY .'..:.~'--;.. My CC:'T':Y:. Exp. AUG. 24. 2006 1 ._. . . _ . . , ~ ,'" _,,<~.,....,.....,...... . . ~ . . . r ~ . . A-I 8-14 EXHIBIT "A" Lel!al Description Parcel I: Parcels 1-7 of Parcel Map No. 19673, in the City of Chula Vista, County of San Diego, State of California, according to map thereof filed in the office of the County Recorder of San Diego County, March 10,2005. Al 8-15 EXHIBIT "B" Drawinl!:s Showinl!: Public Areas To Be Privatelv Maintained B-1 8-16 --- /' LEGEND FUBLIC. AREAS TO BE PRIVATELY ~~ MAINTAINED W7~ CHULA VISTA CROSSINGS CHULA VISTA TRACT NO. 03-2.7 EXHIBIT ''f>'' NO 5c.ALE rn NORTH EXHIBIT "c" Description of Maintenance Responsibilities-Crossin!!s Shoppine Center Area Owner Maintains City's Maintains Landscaping in the public Areas shown as "Maintained parkways and median of Main Public Parkways" on Exhibit Public facilities not being Street solely along the street "B" and more specifically maintained by this agreement frontage of the Chula Vista shown on Parcel Map No. Crossin9:s shonning Center. 19673 Cl 8-18 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LANDSCAPE MAINTEANCE PROVISIONS AGREEMENT BETWEEN CAL TRANS AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF CALTRANS RIGHT-OF-WAY ALONG THE FRONTAGE OF THE CROSSINGS SHOPPING CENTER, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, Yacoel Investments, LLC, ("Owner") has received approval of a parcel map for The Crossings shopping center, Tentative Parcel Map No. 04-08, totaling 23.63 acres; and WHEREAS, the Owner has entered into a Supplemental Parcel Map Improvement Agreement in which it has agreed to maintain certain areas of the public right-of-way; and WHEREAS, a portion of the areas to be maintained by Owner are within CALTRANS right-of-way requiring a Landscape Maintenance Provisions Agreement be entered into between CAL TRANS and a public entity; and WHEREAS, said Landscape Maintenance Provisions agreement sets forth the obligations of the City to maintain the areas within CALTRANS right-of-way; and WHEREAS, the City has entered into a Grant of Easement and Maintenance agreement with Owner in which Owner is obligated to maintain those areas within CAL TRANS right-of- way; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Landscape Maintenance Provisions Agreement between Caltrans and the City of Chula Vista for the maintenance of CAL TRANS right-of-way along the frontage of the Crossings shopping center, 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 agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by Sohaib Al-Agha City Engineer 8-19 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~ City Attorney Dated: 11/10105 LANDSCAPE MAINTENANCE PROVISIONS AGREEMENT WITH CALTRANS FOR CROSSINGS 8-20 CAL TRANS DISTRICT 11 LANDSCAPE MAINTENANCE PROVISIONS AGREEMENT Caltrans Encroachment Permit 11-05-NLF-0284 1. DESCRIPTION OF WORK.- The work to be done consists, in general, of maintaining highway planting and maintaining irrigation systems during the life of this agreement. The maintenance period shall commenc~ upon the written approval by the STATE of the completion of the Project Construction. An encroachment permit is required for the maintenace period. The duration of this maintenance period shall be 7300 days (20 years). At the end of the maintenance period the right of way shall be restored to its original condition as directed by the STA IE.. 2. All work and materials, which are required, as specified in the State of California, Department of Transportation Standard Specifications, the State of California, Department of Transportation Encroachment Permit General Provisions TR-0045 (http://www.dot.ca.gov /hq/traffops/ developserv/permits/pdfi'provisions/ general %20 -provisions. pdf) and these Landscape Maintenance Provisions, shall be performed, provided, placed, constructed, installed, repaired and replaced. In accord with TR-0045 these Landscape Maintenance Provisions may be modified unilaterally by the ST ATE, during the above specified maintenance period, to conform with current State standards, specifications, policies and procedures. 3. The PERMITTEE will be required to adequately water plants; replace unsuitable plants; do weed, rodent, and other pest control; and perform other work, as determined necessary by the Engineer, during the maintenance period. 4. Irrigation facilities are to be checked and repaired; backflow preventers are to be tested; plants are to be watered, inspected, pruned and replaced; erosion damage and plant basins are to be repaired; litter, weeds, rodents and other pests are to be controlled; pesticides and fertilizer are to be furnished and applied; and other work performed as determined necessary by STATE." 5. In order to carry out the maintaining of highway planting, the PERMITTEE shall furnish sufficient personnel and adequate equipment to perform the work during the maintenance period. 6. ORDER OF WORK.--Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the Standard Specifications and these Landscape Maintenance Provisions. 6a. The first order of work shall be to water the plants and, in the presence of STATE, inspect the existing irrigation facilities and existing planting areas as provided in "Existing Irrigation Facilities~', "Existing Planting", and "Litter Control" elsewhere in these Landscape Maintenance Provisions. 7. DAMAGE REP AIR.--Attention is directed to Section 7-1.16, "Contractor's Responsibility for the Work and Materials," of the Standard Specifications and these Landscape Maintenance Provisions. 8-21 1 of 12 7a. Damage to slopes, plants, irrigation systems and other highway facilities occurring as result of rain or vandalism shall be repaired when directed by STATE. Graffiti shall be removed within seventy-two hours (72) hours of its appearance. Permittee will provide - all materials and tools necessary to remove the graffiti; along with instructions on using such equipment. Material must appear on statewide-approved list. The cost of such repairs will be at PERMITTEE expense. Th. When, as a result offreezing conditions (as defined herein), plants are so injured or damaged as to render them unsuitable for the purpose intended, as determined by the Engineer, STATE may order the pruning or removal and replacement of some or all of the affected plants. The cost of such work will be at PERMITTEE expense. A freezing condition, for the purpose of this specification, ocCurs when the temperature at or near the affected area has been determined by the Engineer to be officially recorded below 320F and plants have been killed or damaged to the degree described above. 7c. When, as a result of drought conditions (as defmed herein), plants are so injured or damaged as to render them unsuitable for the purpose intended, as determined by the Engineer, STATE may order the pruning or removal of Some or all of the affected plants. The total cost of such work will be at PERMITTEE expense. Any restriction or shutoff of available water shall not relieve PERMITTEE from performing other contract work. A drought condition occurs when the Department, or its supplier, restricts or stops delivery of water to PERMITTEE to the degree that plants died or deteriorated as described above and adjustment of the watering schedule could not have prevented plant injury or damage. The Contractor may replaCe removed plants at its expense after the drought condition has ended. 7d. Any erosion damage caused by PERMITTEE inadequate maintenance or operation of irrigation facilities, as determined by the STATE shall be repaired by the PERMITTEE at their expense. 8. COOPERATION.--Attention is directed to Sections 7-1.14, "Cooperation," and 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications and these Landscape Maintenance Provisions. 8a. Work by STATE forces and other contractors within the limits of PROJECT maybe underway or started during the maintenance period. PERMITTEE shall coordinate its operations with those of the STATE forces and other contractors. 9. MAINTAINING TRAFFIC.--Attention is directed to Sections 7-1.08, "Public Convenience, "7-1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the Standard Specifications, and these Landscape Maintenance Provisions. Nothing in these Landscape Maintenance Provisions shall be construed as relieving the PERMITTEE from its responsibility as provided in said Section 7-1.09. 9a. No work that would require a lane closure shall be performed. 8-22 2 of 12 9b. Personal vehicles of the PERMITTEE's employees shall not be parked within the right of way, except personal vehicles used in lieu of the PERMITTEE's EQUIPMENT. Said vehicles shall be included in the equipment list required in Section 5-1.10, "Equipment and Plants," of the Standard Specifications and shall be marked with permanent or temporary name plates identifying the contracting parties engaged in the work. 9c. Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer. MAlNT AINING HIGHWAY PLANTING 10. GENERAL.-- The work performed in connection with maintaining highway planting shall conform to the provisions in Section 20, "Erosion Control and Highway Planting," of the Standard Specifications and these Landscape Maintenance Provisions. lOa. Attention is directed to the provisions in "Order of Work" and "Cooperation" elsewhere in these Landscape Maintenance Provisions. 1 Ob. Maintaining highway planting work shall include, but not be limited to inspecting, checking and repairing irrigation facilities; testing backflow preventers; inspecting, and replacing plants; repairing plant basins; watering plants; removing litter; controlling weeds, rodents and other pests; and furnishing and applying pesticides and fertilizer. 11. LIMIT OF WORK.. -The limit of work shall be considered as the area between the "Beginning and End of Work" stations and the right of way lines, unless shown otherwise on the plans. 12. PLANS.--Plans for this project show the limit of work and areas where maintaining highway planting is to be performed. Plans will be from the project "as 'euilt" plans as approved by the STATE upon completion of the project construction and, except for reference made to the plans by these Landscape Maintenance Provisions, are for reference only. The irrigation facilities and planting shown on the plans may differ from actual field locations and" conditions. 13. EXISTING IRRlGATION FAClLITIES.--Existing irrigation facilities shall include all irrigation on facilities that are located within the limits of work where maintaining highway planting is to be performed as shown on the plans. 14. INITIAL INSPECTION OF EXISTING IRRIGATION FAClLITIES.--All irrigation systems shall be inspected initially by the PERMITTEE in the presence of STATE for missing or damaged equipment and for proper operation. Initial inspection shall be completed within 14 days after starting work unless otherwise permitted in writing by the ST ATE. 8-23 3 of 12 14a. Any deficiencies to the existing irrigation systems found during the initial inspection shall be repaired or replaced by PERMITIEE. Such repairs or replacements shall be completed within 14 days after initial inspection unless otherwise permitted in writing by STATE and will be paid for by PERMITTEE. 15. TEST[]\[G BACKFLOW PREVENTERS.--Backflow preventers shall be tested for proper operation by a certified Backflow Preventer Tester. 15a. The tester shall hold a valid certification as a Backflow Preventer Tester from the county in which the device to be tested is located or, if the county does not have a certification program for Backflow Preventer Testers, the tester shall have a certificate from one of the following: 1. The American Water Works Association. 2. A county which has a certificate program for Backflow Preventer Testers. 15b. Testing for proper operation shall for conform to the provisions of the county in which the testing is being performed or, if such procedures are not available, such tests shall conform to the provisions in the latest edition of the Cross-Connection Control Procedures and Practices manual, which is available from the California Department of Health Services, Sanitary Engineering Branch, Sacramento, CA 95814. 15c. Backflow preventers shall be tested initially at the beginning of the contract and then retested approximately every 12 months thereafter. If more than 6 months have passed since the last testing, the backflow preventers shall be tested during the last month prior to the completion of establish existing planting. 15e. PERMITTEE shall notify STATE at least 7 days prior to testing backflow preventers. 15f. One copy of all test results for each backflow preventer shall be furnished to STATE. 15 g. Repair of backflow preventers will be at PERMITTEE's expense. 16. CHECKING, REPAIRING AND OPERATING EXISTING IRRIGATION SYSTEMS.--After the initial inspection of the irrigation systems, PERMITTEE shall be responsible for the routine checking, repairing and proper operation of the irrigation systems throughout the life of the agreement. Checking and repairing of irrigation systems shall include, but not be limited to, checking, adjusting and repair or replacement of valves, valve boxes, sprinklers, risers and swing joints, wye strainers, valve and filter assembly units, and irrigation controllers. Irrigation facilities that malfunction, are damaged, missing or failed to operate, shall be repaired or, replaced. Replacement of sprinklers, risers and swing joints that are damaged or missing and repair of irrigation controllers that malfunction will be at PERMITTEE's expense. 16a. PERMITTEE shall be responsible for water meters, booster pumps, pipe supply lines, conduits and sprinkler control conductors. Any repair work to these facilities ordered by 8-24 4 of 12 STATE will be at PERMITTEE expense. l6b. Any damage to existing irrigation facilities caused by PERMITTEE's operations shall be- repaired at the expense of PERMITTEE. l6c. The irrigation systems shall be operated automatically throughout the life of the maintenance agreement. Manual operation will only be allowed to facilitate such work as plant replacement, fertilization, weed control and irrigation repair as permitted in writing by the Engineer. l6d. PERMITTEE shall set and program the irrigation controllers for seasonal Water requirements. PERMITTEE shall clean, adjust and replace sprinklers, valves, strainers and filters as necessary. Irrigation systems shall be operated automatically a minimum of2 minutes every 2 weeks. l6e. Checking and repairing of irrigation systems shall be made within 5 days after any malfunction or damage. l6f. Any materials required for the replacement or repair of irrigation facilities shall be made with new materials of comparable quality and shall be reinstalled to the same standards and criteria as originally installed, as determined by STATE. l6g. Within 7 days of the beginning of the maintenance agreement, within 7 days of the installation of any new irrigation controllers, and thirty days prior to end of the maintenance agreement instructions shall be given to the Engineer by a qualified person from the PERMITTEE's personnel on the use and adjustment of the irrigation controllers installed. l6h. All irrigation systems shall be in proper operation at the time the maintenance work is accepted. Within the last 14 days prior to the end of the maintenance agreement; all irrigation systems shall be checked for proper operation in the presence of STATE. Should repairs be necessary, the repairs shall be made and the systems rechecked. l6i. PERMITTEE shall maintain a list of all program schedules for each irrigation controller as currently programmed, including days and length of watering time for each station and furnish the State a copy of all program schedules prior to start of irrigation. 17. EXISTING PLANTING.--Existing planting to be maintained shall include all plants that are located within the limits of work shown on plans to be maintained by the PERMITTEE. 18. INITIAL INSPECTION OF EXISTING PLANTING AREAS.--All existing planting areas to be maintained'shall be inspected initially by, PERMITTEE in the presence of ST A IE, for plants that are dead, missing, diseased or unhealthy, for proper placement and adjustment of plant stakes and ties, for condition of planting basin and proper depth and placement of mulch materials for the need of weed control. Determination of the need for weeding shall conform to the requirements for "Weed Control" elsewhere in these Landscape Maintenance Provisions. Initial inspection shall be completed within 14 days after starting work, uuless otherwise 8-25 50! 12 permitted in writing by the State. l8a. Any deficiencies to the existing planting found during the initial inspection, including the mulching within the limits of the project and the initial control of weeds, shall be corrected by PERMITTEE as directed by ST A IE. Except for replacement of plants, all other corrections to the planting areas shall be completed by PERMITTEE within 14 days after initial inspection. All correction work, ordered by STATE as a result of the initial inspection, will be paid for by PERMITTEE. 19b. Plant replacement ordered by STATE as a result ofthe initial inspection, shall conform . to the provisions in "Plant Replacement" elsewhere in these Landscape Maintenance Provisions. l8c. Attention is directed to the section of these Landscape Maintenance Provisions entitled "Damage Repair" in regard to erosion damage. 19. PLANT REPLACEMENT.--Replacement and planting of plants shall conform to the provisions in Section 20-4.07, "Replacement," and Section 20-4.05, "Planting," of the Standard Specifications and these Landscape Maintenance Provisions. The spacing requirements for replaced plants shall be as shown on the plans. If the plant to be replaced is mulched, then the replacement plant shall be remulched as shown on the plans. 19a. A plant shall be replacedwhen ordered by the Engineer ifmore than 50 percent of its foliage is injured or damage, or has a growth rate which is less than 50 percent of the most vigorous same species along the right of way in the vicinity of the proj ect as determined by the Engineer, or has not been properly pruned in accordance with these provisions as determined by the Engineer. 19b. Unless larger plant sizes are shown on the plans, the size of replacement plants shall be: one gallon for shrubs, vines and Eucalyptus trees, and 5-gallon for other trees during the first year of the maintenance period; 5-gallon for shrubs, vines and Eucalyptus trees, and IS-gallon for other trees during the second year of the maintenance period; IS-gallon for shrubs, vines and Eucalyptus trees, and 24 inch box for other trees during the third year of the maintenance period, and; IS-gallon for shrubs, vines and Eucalyptus trees, and 36 inch box for other trees during the fourth year of the maintenance period; Replacement plants for ground cover shall be half the on center spacing shown on the plans. 19c. Removed plants shall be disposed of outside of the highway right of way as provided in Section 7-1.13, "Disposal of Material Outside the Highway Right of Way, " of the Standard Specifications. 19d. Replacement planting of plants that are readily available nursery stock plants shall be completed within 14 days from the date of STATE order to replace such plants. 1ge. An order to vendors for replacement plants that are not readily available nursery stock plants shall be made by PERMITTEE within 7 days from the date of STATE's order to 8-26 6 of 12 replace sll.chplants. PERMITTEE shall furnish to STATE, within 7 days after ordering plants, a copy of the order to vendors and a statement from the vendors stating, that the ' order has been received and accepted, and the date when the ordered plants will be shipped. '19f. Plant stakes installed at trees and shrubs shall be removed within six months of installation. Plants which are not then self supporting shall be replaced as unsuitable. 20. PRUNING.--Plants installed by the PROJECT shail be pruned when ordered by the STATE or determined necessary by the PERMITTEE for such horticultural purposes as mitigation for the effects of cold, heat, desiccating winds or pest control. Such ordered pruning will be paid by the PERMITTEE. The STATE may prune plants for visibility improvement purposes or plants damaged by accidental vehicular traffic by others no expense to the PERMITTEE. All tree pruning shall conform to the current Pruning Standards of the Western Chapter of the International Society of Arboriculture and the National Arborist Association. 20a. Ground cover plant growth which extends to the edge of shoulders, sidewalks, curbs or dikes, or to within 2 feet of guardrail, walls, fences, trees or shrubs shall be killed or removed 2 fe~t back of shoulders, sidewalks, curbs or dikes, or 4 feet back of guardrail, walls, fences, trees or shrubs by pruning or by pesticides. Ground cover also shall be kept removed from within the basins, including the basin walls, and from planting areas within header boards. 20b. Vines next to fences or walls shall be kept tied to the fences as provided in Section 20-4.05, "Planting", or secured to the walls in a manner approved by the Engineer. 21. REPAIRING PLANTING BASINS.--Planting basins shall be kept well formed and in good repair, including silt removal and shall be repaired as qften as necessary to provide sufficient containment of water for healthy plant growth. If plants were mulched prior to basin damage then basin repair shall include replacing the mulch. 21 a. Plant basins may be temporarily modified during the wet season to prevent plant and basin damage due to excessive water. 22. W ATERlNG.--Plants shall be kept watered as provided in Section 20.4.06, "Watering". All planting to be maintained shall have water applied at the rate and as frequently as necessary to maintain healthy plant growth and mitigate the effects of cold, heat or desiccating winds. Water conservation in accordance with Caltrans water policies shall be practiced at all times. Excessive use of water resulting in runoff will not be allowed. 22a. Water for maintaining plants and electrical energy for irrigation facilities will be furnished by PERMITTEE. 22b. Attention is directed to the provisions in Section 7-1.0l,"Laws to be Observed," of the Standard Specifications concerning water restrictions that may be required by cities and counties. ,8-27 7 of 12 22c. Precautions shall be taken to prevent water from wetting adjacent properties, vehicles, pedestrians, and pavement. 22d. If reclaimed water is used, watering shall comply with State of California and local health code requirements. 22e. PERMITTEE is to provide the STATE written notification of current hours of watering within one week of any changes in the irrigation schedule. The number of minutes per day each valve is operated shall be shown. Hours of watering may require adjusting normal working hours due to inadequate water supply and to prevent wind drift or overspray onto the traveled way and adjacent properties. 22f. Attention is directed to the provisions in "Damage Repair" for drought conditions and "Existing Irrigation Facilities" for malfunction of irrigation systems elsewhere in these Landscape Maintenance Provisions. 23. FERTILIZIN"G.-- Two applications of commercial fertilizer shall be applied by PERMITTEE to trees, shrubs, vines and ground cover during each 12-month period of this agreement when directed each by STATE. Additional commercial fertilizer applications requested by PERMITTEE and approved or ordered by STATE may be made within a 12-month period. All applications of fertilizer will be paid for by the PERMITTEE. The frequency of application may be modified when directed by the Engineer based in part on a minimum of 2 soil tests performed as directed by the Engineer and paid for by the Contractor. 23a. Commercial fertilizer shall be applied to replacement plants at the time of replacement. 23b. Commercial fertilizer shall conform to the requirements of the California Food and Agricultural Code, shall be in pelleted or granular form, and shall have a minimum guaranteed chemical analysis of 12 percent nitrogen, 8 percent phosphoric acid and 8 percent water soluble potash. 23c. Commercial fertilizer shall be applied at the rate recommended by the manufacturer with a maximUID rate of 1/4 pound for each tree, shrub, groundcover and vine and at the rate of 15 pounds per 1,000 square feet for ground cover areas per application. 23d. Commercial fertilizer applied to ground cover areas shall be spread with a mechanical spreader whenever possible. 23e. Immediately following each application, commercial fertilizer shall be watered into the soiL 24. CONTROLLIN"G WEEDS, RODENTS AND OTHER PESTS.--Controlling weeds, rodents and other pests shall be performed as often as necessary to maintain the areas specified below in a neat and uniform condition throughout the life of the contract. 25. WEED CONTROL.-- Weed control shall consist of killing weeds or limiting the height or length of weeds. Basins and basin walls shall be kept free of weeds. 8-28 8 of 12 25a. A weed is any undesirable plant as determined by the Engineer. 25b. Weeds shall be controlled as specified in the Landscape Maintenance Provisions and as directed by the Engineer in the following areas: 25bl. Within ground cover areas and within the areas extending beyond the outer limits of such ground cover areas to the adj acent edges of shoulders, dikes, curbs, sidewalks, walls, or fences, unless otherwise shown on the plans. 25b2. Within an area 6 feet in diameter centered at each plant location outside of ground cover areas. 25b3. Within asphalt concrete and portland cement concrete surfaced areas shown on the plans. 25c. Attention is directed to the section of these Landscape Maintenance Provisions entitled "Existing Planting" in regard to initial inspection of areas in ne.ed of weed control. 25d. Killing weeds shall be performed by hand, with the use of pesticides, or by any other method approved by Engineer. 25dl. Where weeds are to be pulled by hand they shall be pulled before they reach the seed stage of growth or exceed 4 inches in length and disposed of outside the highway right of way, as provided in Section 7-1.13, on the same day in which they are pulled. 25d2. Limiting the height or length of weeds may be done by mowing, mechanical whipping before weeds reach seed stage or by use of growth regulators. 25d3. Weeds killed by hand shall be removed and disposed of outside the highway right of way as provided in Section 7-1.13 of the Standard Specifications. 25d4. Where pesticides are used to control weeds, weeds shall be.killed before they reach the seed stage of growth or exceed 6 inches in length. .25d5. Weeds shall be killed within ground cover areas and within the areas extending beyond the outer limits of such ground cover areas to the adjacent edges of shoulders, dikes, curbs, sidewalks, walls and fences. 25d6. Weeds shall be killed within an area 6 feet in diameter centered at each plant location and within 4 feet of all fences and pavement outside of ground cover areas. 25d7. Where weeds are not required to be killed, weeds shall be controlled by mowing or controlled by growth regulators. 8-29 9 of 12 25d8. Mowing shall not be performed on slopes 3: I or steeper. 25d9. When weeds are to be controlled by mowing, the areas to be mowed shall be mowed a minimum of2 times per year when directed by STATE. 25dl0, Areas to be mowed shall be mowed when weed height exceeds 18 inches and shall be mowed to 6 inches or less in height. 25dll. If growth regulators are used for weed control they shall be applied before weeds exceed 12 inches in height. 25d12. Disposal of mowed material will not be required, unless ordered'by STATE. Disposal of mowed material, as ordered by STATE will be paid for the PERlv1ITTEE. 25d13. Dead weed growth which, in the opinion of the Engineer, will interfere with subsequent maintenance of highway planting or become unsightly shall be removed and disposed of outside the highway right of way as provided to Section 7-1.13. 25d14. A pre emergent pesticide to control weeds, as provided in "Pesticides" elsewhere in these Landscape Maintenance Provisions, shall be applied to all ground cover areas within the last 3 to 4 months prior to the end of the maintenance period. 26. RODENT AND PEST CONTROL.--Rodents and other pests shall be controlled to prevent damage to irrigation facilities and plants during the life of the contract. Attention is directed to the provisions in Section 7-1.01H, "Use of Pesticides," of the Standard Specifications. Pesticides used to control rodents and other pests shall be approved by STATE prior to application. 27. PESTICIDES FOR WEED CONTROL.--Pesticides used to control weeds shall conform to the provisions in Section 20.4.026, in this section, pesticide use shall be limited to the following materials: Glyphosate Diquate Cacodylic Acid Fluazifop Oxadiazon - 50 percent WP (preemergent) Oryzalin (Preemergent) Diphenamid (pre emergent) Trifluralin (preemergent) Ammonium Sulfate Chlorflurecol-Methyl (Growth regulator) Melfluidide (Growth regulator) 27a. PERMITTEE may request the use of other pesticides. The written request for the use of 8-30 10 of 12 other pesticides shall be submitted by PERMITTEE to STATE. Such other pesticides shall not be used or applied until PERMITTEE has received written confIrmation of the STATE's review for their use from STATE. 27b. Growth regulators shall not be applied within 6 feet of trees, shrubs or vines. 27 c. Replacement plants shall be planted at least 30 days and irrigated prior to the application of oxadiazion, oryzalin, diphenamid or trifluralin. 27 d. Ammonium sulfate shall be used only in areas with Carpobrotus or Delosperma. 27e. A minimum of 100 days shall elapse between applications of oxadiazon, oryzalin, diphenamid or trifluralin. 28. LITTER CONTROL.--Litter shall include trash and debris. 28a. Litter as determined by the engineer which is generated by PERMITTEE's operations within the limits of work shall be removed and disposed of outside the highway right of way as provided in Section 7 -1.13 of the Standard SpecifIcations. Litter generated by PERMITTEE operations shall be removed daily at the PERMITTEE's expense. Liter, except from PERMITTEE's operations, will be removed by STATE forces. 28b. Removal of litter shall be performed as often as necessary to present a neat and clean condition at all times. 8-31 11 of 12 PERMIT 11-05-NLF-0284 11-SD-805/3.65 APPROVAL RECOMMENDED: By: Stephen Alvarez Title: Senior Landscape Architect Date By: Ted Thurston Title: Landscape Maintenance Date By: John Markey Title: District Permit Engineer Date THIS AGREEMENT, ENTERED INTO ON is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation By: Mike McManus Title: Chief, Division of Maintenance Date And City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910. By: Date Steven C. Padilla Mayor Title: 8-32 12/1/03 Last Revision by L Fagot / This Version Printed (9/23/2005) 3:50 PM COUNCIL AGENDA STATEMENT /~ ~.. " Item Meeting Date: 12/06/2005 ITEM TITLE: A) Resolution approving the Final Map of Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhoods R-11 and R-12: approving the associated Subdivision Improvement Agreement for the completion of improvements; and approving a Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhoods R-ll and R-12. B) Resolution approving the Grant of Easements and Maintenance Agreement for Chula Vista Tract 01-11, Otay Ranch Village 11, Neighborhoods R-ll and R-12, establishing specific obligations and responsibilities for maintenance of private landscaping within public right- of-way. SUBMITTED BY: City Engineer~ REVIEWED BY: City Manager fi ~ JlR (4/5ths Vote: Yes_ No X ) Tonight Council will consider Neighborhoods R-ll and R-12, a subdivision of Otay Ranch Village 11 (Windingwalk). Neighborhoods R-ll and R-12 consist of 91 single-family detached lots and seven Home Owner's Association maintained open space lots. Approval of the Final "B" Map and its associated Subdivision and Supplemental Subdivision Improvement Agreements, and a Grant of Easements and Maintenance Agreement will allow the project to proceed. RECOMMENDATION: That Council adopts the resolutions. BOARDS AND COMMISSIONS: N/A DISCUSSION: Otay Ranch Village 11, with the marketing name of "Windingwalk" is generally located south of Eastlake Greens, east of Eastlake Parkway and northwest of Hunte Parkway (Attachment 1). The tentative map (Chula Vista Tract No. 01-11) was approved on October 23, 2001 by Resolution 2001-364. Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhoods R- 11 and R-12 are an 18.442-acre project generally located north of Hunte Parkway and east of Eastlake Parkway, consisting of 91 residential and seven open space lots. The Final Map for Neighborhoods R-ll and R-12 (Attachment 2) and the associated agreements are now before Council for consideration and approval. Final Map: The Final "B" Map has been reviewed by staff and found to be in substantial conformance with the approved Tentative Map. The developer, Brookfield Shea Otay, LLC, has paid all applicable fees due at final map approval. 9-1 Item , Page 2 Meeting Date: 12/06/2005 Council approval of the Final Map will constitute: . Acceptance by the City of the public streets, . Acknowledgment of the Irrevocable Offer of Dedication of Fee Interest for open space and other public purposes within the subdivision granted on the map, . Acceptance by the City of the landscape buffer and sight visibility easements. Associated Agreements: In addition to Final Map approval, staff recommends that Council approve the following agreements associated with the project: 1. Subdivision Improvement Agreement: Requires the developer to complete the improvements required by said Subdivision. Security bonds have been provided, guaranteeing the completion of all improvements and monumentation required by the Municipal Code; 2. Supplemental Subdivision Improvement Agreement: Addresses several unfulfilled conditions of the Tentative Map approved by Resolution No. 2001-364. These conditions will remain in effect until completed by the developer and/or their successors(s) in interest; 3. Grant of Ea3ements and Maintenance Agreement: Establishes certain specific obligations and responsibilities for the maintenance of certain improvements located along the public parkways - Journey Way, Trellis Street, Trellis Way, and Wander Street - by the developer and/or their successor(s) in interest, as required by the Tentative Map conditions of approval. The above agreements have been reviewed by staff, and approved as to form by the City Attorney. Environmental Review: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the Final Map was adequately covered in previously adopted Final Second Tier EIR (EIR 01-02), for the Gtay Ranch General Plan AmendmentsNillage 11 Sectional Planning Area Plan, and Conceptual Tentative Map. Thus, no further environmental review or documentation is necessary. FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees and other costs associated with the proposed Final Map and agreements. Attachments: Attachment 1: Plat of Windingwalk, Otay Ranch Village II Attachment 2: Plat of Otay Ranch Village 11, Neighborhood R-II and 12 Attachment 3: Developer's Disclosure Statement Exhibit A: Subdivision Improvement Agreement Exhibit B: Supplemental Subdivision Improvement Agreement Exhibit C: Grant of Easements and Maintenance Agreement MI File No. OR629F J:\EngineeMGENDA\CAS2005\11-22-05IR-11-12 CAS.doee 9-2 ATTACHMENT L Otay Ranch Village 11 CD _'lO""'" B....ukfIeId 5lIca Oby, u.c 9-3 ATIACHMENT .L CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOODS R-11 & R12 W J R-.''18 ... OSSROADS ST. 7 SUBDIVISION ,] BOUNDARY H-'-j~j " " .~ 4~..' ~.t-v <,V . HUNSAKER ~ !'~~9f~TES PL'HINC 10119 ~ StI'Mt ENaNEElINC SIn DiIFo Ca 92t21 SUlVEYlNC .......55I-4SOO.FX(B5a)s5&.1414 R:\06J9\.tMap\AX CffY COUNCIL EXHI8fT.dwg( 2'67]Oct-20-~:'6:'2 9-4 lB/e5/2665 69:26 8587932395 BHSD APED PAGE 62 ATTACHMENT l alV Of CHUlA VISTA rlanning & Building Department Planning Division 1 Oevelopment .Processing APPLICATION APPI;NDIX B Disclosure Statement pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of cartain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Brookfield Shea Olav LLC Brookfield Otav LLC Shea Otav Villaae 11. LLC 2. If any person. identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. Shea Homes Limited Partnership NfA 3. If any person' identified pursuant to (1) above is a non-profit organjzation or trust, list the names of any person serving as director of the non-profrt organi2:ation or as trustee or beneficiary or trustor of the trust. N/A 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. Hunsaker 8. Assoc. (Frank Coolev) Brookfield Olav LLC ( Ron Grunow) GMP f.l<.a. Gillesoie Desian Group ( Rob Streza ) 5. Has any person' associated with this contract had any financial dealings with an official'. of the City of Chula Vista as it relates to this contract within the past 12 months. Yes 0...... No ~ If Yes, briefly describe the nature of the financial interest the official'. may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No 181 Yes 0 If yes, which Council Member? 276 FourlhAvenue I ChulaVista I California 191910 I (619}691-5101 9-5 10/05/2005 09:20 8587932395 BHSD APED PAGE 03 Planning & Building Depal"tment Planning Division' Development Processing CITY OF CHULA VISTA . APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) YeseL.. No [81_ If Yes, which official" and what was the nature of item provided? Date: 10/412005 Bn:.t:>~r,trl4L. ::U".... ~~ ~G.-C!. ~~~~~~ Signature of Contrador/Applicarf( Ronald D. Grunow. P.E. vi/? Print or type name of Contractor 1 Applicant . Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district. or other political subdivision, -or any other group or combination acting as a unit. .. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of. the City, employee, or staff members. 276 Fourth Avenue I Chula Vi.rta I California I 91910 I (619) 691-5101 9-6 RESOLUTION NO. 2005-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-11 AND R-12; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-11 AND R-12 WHEREAS, the developer, Brookfield Shea Otay LLC has submitted a final map for Otay Ranch Village 11, Neighborhoods R-11 and R-12; and WHEREAS, the developer has executed a Subdivision Improvement Agreement to install public facilities associated with the project; and WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolution No. 2001-364. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract 01-11, Otay Ranch Village 11, Neighborhoods R-11 and R-12, and more particularly described as follows: Being a subdivision of Lots 1 and 2 together with a portion of Exploration Falls Drive of Chula Vista Tract No. 01-11 Otay Ranch Village 11 "A" Map No.3, in the City of ChuIa Vista, State of California, according to map thereof No. filed in the Office of the County Recorder of San Diego County on ,2005: Area: 18.442 Acres No. of Lots: 98 Numbered Lots: 91 Lettered Lots: 7 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, that the City Council accepts on behalf of the public the public streets, to-wit: Dragonfly Street, Hummingbird Street, and Hummingbird Way, and said streets are hereby declared to be public streets and dedicated to the public use all as shown on Otay Ranch Village 11, Neighborhoods R-11and R-12 within said subdivision. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A" through "G" for open space and other public purposes all as shown on Otay Ranch Village 11 Neighborhoods R-11 and R-12 within said subdivision. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista the landscape buffer and sight visibility easements, all shown on Otay Ranch Village 11, Neighborhoods R-11and R-12 within said subdivision. 9-7 Resolution 2005-_ Page 2 BE IT FURTHER RESOLVED the City Council of the City of Chula Vista does hereby approve certain Subdivision Improvement Agreement for Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhoods R-ll and R-12 for the completion of improvements in said subdivision, a copy of which shall be kept on file in the office of the City Clerk. BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhoods R-11 and R-12, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby. authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as therefore stated, and that the Irrevocable Offer of Dedication of the fee interest of said lots be acknowledged, and that the easements as granted on Otay Ranch Village 11, Neighborhoods R-ll and R-12 map within said subdivision is accepted on behalf of the City of Chula Vista as hereinabove state. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by Sohaib Al-Agha City Engineer J/~ r ~ 9-8 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dated: 11/30105 SUBDIVISION IMPROVEMENT AGREEMENT FOR OTA Y RANCH VILLAGE 11, R-ll AND R-12 (CVT 01-11) 9-9 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF ClIULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency ofless than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2005, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", BROOKFIELD SHEA OTAY LLC, a California limited liability company, 12865 Pointe Del Mar, Suite 200, Del Mar, CA, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part oftrus Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City ofChula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTA Y RANCH VILLAGE 11 NEIGHBORHOODS R-lI and R-12 (CVT 01-11) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is fmally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a defmite period oftime prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will -1- 9-10 R-ll & R-12 SIA October 2005 install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 2001-364, approved on the 23rd day of October, 2001 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 05059-01 through 05050-08, and inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of ONE MILLION, EIGHTY TWO THOUSAND DOLLARS AND NO CENTS ($1,082,000.00).. · NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefore, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of -2- 9-11 R-ll & R-12 SlA October 2005 clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FlVE HUNDRED AND FORTY ONE THOUSAND DOLLARS AND NO CENTS ($541000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is shown on Exhibit "A". 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FlVE HUNDRED AND FORTY ONE THOUSAND DOLLARS AND NO CENTS ($541,000.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is shown on Exhibit "A". 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWENTY ONE THOUSAND DOLLARS AND NO CENTS ($21,000.00) to secure the installation of monuments, which security is shown on Exhibit "A". 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. -3- 9-12 R-ll & R-12 SIA October 2005 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. -4- 9-13 R-ll&R-12S1A October 2005 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in hislher sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in hislher sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. (C:\Documents and Settings\TheresaGILocal Settings\Temporary Internet Files\OLK6DB\SIA R-II-12- Draft(A).doc) -5- 9-14 R-II & R-l2 SIA October 2005 SIGNATURE PAGE ONE OF TWO SUBDIVISION IMPROVEMENT AGREEMENT OTA Y RANCH VILLAGE II, NEIGHBORHOOD R-II AND R-12 (CVT 01-11) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Stephen C. Padilla Mayor ATTEST: Susan Bigelow City Clerk Approved as to form by Ann Moore City Attorney -6- 9-15 R-ll&R-12S1A October 2005 SIGNATURE PAGE TWO OF TWO SUBDIVISION IMPROVEMENT AGREEMENT OTA Y RANCH VILLAGE 11, NEIGHBORHOOD R-11 AND R-12 (CVT 01-11) BROOKFIELD SHEA OT A Y LLC, a California Lirnited Liability Company By: Brookfield Otay LLC, :~c:;Y,mem: ~ ~I 0<~ Ih. N e: '- . ;2.. ;:Je7 t:9 uE. Name: E. 1) ~ '1ke.l By: Shea Otay Village 11 LLC, a California Lirnited Liability Company, member omes Lirnited Partnership, a California Limited Partnership its Sole Member Name: j}/.pv t'u1(ly l/-tAfh;'- '6' "p I;, \h /7c'/ 4t~f OT-L.. 4r"--f By: (Attach Notary Acknowledgment) -7- 9-16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of San Diego On October 25, 2005, before me, Nicole Sutherland, Notary Public, personally appeared E. Dale Gleed and David R. Poole, J - - - - - N~07E;TH~R~; - J @ Commlulon (11565413 i Notary Public . CalUomla ~ j San DIego County ~ _ _ _ ~:a:m~~_~2~2~ personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public \/UUl\ I SlAf:~ U4.J. 9-17 State of California ) ) S.S. County of San Diego ) On October 25, 2005 before me, Theresa Gayle Grove, Notary Public, personally appeared Alexander Plishner and Jim Kilgore personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instnnnent. WITNESS my hand and official seal. 7l1-{~) [, 4r(/, ,ti:~ ~-8l THERESA GAYLE GROVE ~ U1 -., Comm. # 1U5m IJl '> NOTARY IIIBUC. CAUfOIHl.\ "f lon;;C"'~- "-. MrCO!MI, II Junt 5, 200!T 9-18 R-11 & R-12 SIA October 2005 EXHffiIT "A" TO SUBDNISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE 11, R-11 AND R-12 (CVT 01-11) PUBLIC IMPROVEMENTS ESTIMATED COST OF IMPROVEMENTS FAITHFUL PERFORMANCE LABOR AND MATERIALS ORA WlNG NOS. BOND NOS. Otay Ranch Village 11, R-11 & R-12 Improvements $1,082,000 $541,000.00 $541,000.00 05049-01 to 05049-8 SU5017781 Manumentation for Streets $21,000.00 Per private Civil Engineer's or Land Surveyor's Estimate SU5015971 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of Council approval of the Subdivision Improvement Agreement (J:\EngineerILANDDEVlProjectsIOtay Ranch Village 11\Rll & 12\SIA R-1l-12- B.doc) -8- 9-19 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL lv.r4~ Ann Moore City Attorney Dated: 11/30/05 SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OT A Y RANCH VILLAGE 11 R-11 AND R-12 - B MAP (CVT 01-11) 9-20 RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA VISTA TRACT NO. 01-11 R-ll/12 - B MAP (Conditions 1-5, 7, 11-17, 25-26, 28, 30-32, 35, 36, 40, 43, 45, 46, 48-51, 56-57, 60, 63, 69, 78, 96, 99-100, 114, 116, 118, 121- 122, 124-125, 127, 129, 134, 135, 137, 139, 141, 145, 146, 148, 150, 164, 172-177, 179, 181, 183, 184, 189, 192-193, 195-196, 198- 200, 202-205 of Resolution 2001-364) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of , 2005, by and between THE CITY OF CHULA VISTA, California ("City" for recording purposes only) and the signatories to this Agreement, BROOKFIELD SHEA OTAY LLC, a California Limited Liability Corporation ("Developer" or "Owner"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property") . The Property is Phase III of approved Tentative Subdivision Map Chula Vista Tract 01-11 Otay Ranch Village Eleven, commonly known as Windingwalk. For purposes of this Agreement the term "Project" shall also mean "Property". B. "Owner" or "Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's successors-in-interest and assigns of any property within the boundaries of the Property. C. Developer and/or Developer's predecessor in interest 1 OR-628F 9-21 Village 11, R-l1/12 OR-629F SSAI October 2005 has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 01-11 ("Tentative Subdivision Map" or "Tentative Map") for the subdivision of the Property. D. The City has adopted Resolution No. 2001-364 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E. Developer has requested the approval of a "B" Map for the Project ("Final Map"). Certain conditions of approval of the Tentative Subdivision Map requires Developer to enter into an agreement with the City prior to approval of the Final Map for the Project. F. City is willing, on the premises, security, conditions herein contained to approve the Final Map Developer has applied and Developer has agreed to the conditions set forth herein. terms and for which terms and G. All the terms of the Supplemental Subdivision Improvement Agreement for Otay Ranch Village 11, "AU Map No. 1 adopted by Resolution 2003-075, the supplemental subdivision improvement agreement for Otay Ranch Village Eleven "AU Map No.2, approved by Resolution 2004-107, and the supplemental subdivision improvement agreement for Otay Ranch Village Eleven "AU Map No.3, approved by Resolution 2005- remain in full force and effect. H. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. "Complete Construction" shall construction of the improvements have been been inspected and accepted by the City. mean that the completed and have b. "Guest Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. c. "SPA Plan" means the Otay Ranch Village Eleven Sectional Planning Area Plan as adopted by the City Council on October 17, 2001 pursuant to Resolution No. 2001-363. d. "PFFP" means the Otay Ranch Village Eleven Public Facilities Financing Plan adopted by Resolution No. 2001-363, and as may be further amended from time to time. e. "FSEIR 01-02" means Final Subsequent Environmental Impact Report and its attendant Addendum for the Otay Ranch 2 9-22 Village 11, R-ll/12 OR-629F SSAl October 2005 General Development Plan Amendments/Village Eleven Sectional Area Plan and Conceptual Tentative Map. f. "Improvement Plans" means all the onsite and offsite improvements required to serve the lots created by the Final Map, in accordance with improvement plans to be approved by the City. said improvements shall include, but not limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed and potable water utilities, drainage facilities, street lights, signage, landscaping, irrigation, fencing and fire hydrants. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described on Exhibit "A" until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. Ci ty is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the Guest Builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the Guest Builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The 3 9-23 Village 11, R-11/12 OR-629F SSAl October 2005 City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likel ihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot (s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association; iii. The conveyance of a school site as identified in the SPA Plan to a school district; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 2. Condition No. 1 - (Agreement to all terlllS, covenants 4 9-24 Village 11, R-11/12 OR-629F SSAI October 2005 and conditions). In satisfaction of Condition No. 1 of the Resolution, Developer agrees to all of the terms, covenants and conditions contained herein shall that binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 3. Condition No.2 - (Requirements and guidelines). In satisfaction of Condition No. 2 of the Resolution, Developer agrees to comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; FSEIR # 01-02; Otay Ranch Village Eleven Sectional Planning Area (SPA) plan and supporting documents including: Village Eleven Public Facilities Finance Plan; Village Eleven Parks, Recreation, Open Space and Trails Plan; Village Eleven SPA Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 4. Condi tion No. 3 (Ci ty' s Right to Revoke or Modify Approvals). In satisfaction of Condition No. 3 of the Resolution, if any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 5. Condi tion No. 4 - (Hold Ci ty Harmless) . In satisfaction of Condition No. 4 of the Resolution, Developer agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 5 9-25 Village 11, R-11/12 OR-629F SSAI October 2005 6. Condi tion No. 5 (Comply wi th SPA Conditions). In satisfaction of Condition No. 5 of the Resolution, the Developer agrees to comply with all applicable Village Eleven SPA conditions of approval, (PCM 99-15) as may be amended from time to time. Developer further agrees as follows: a. To implement the final Otay Ranch Village Eleven Air Quality Improvement Plan (AQIP) approved measures and include the measures as part of the Project. The Developer further: i. Agrees to comply and remain in compliance with the AQIP; ii. Waives any claim that adoption of the final AQIP constitutes an improper subsequent imposition of the condition; iii. Acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available; and iv. Agrees prior to or concurrent with each Final Map for the Project to modify the AQIP to incorporate those new measures, which are in effect at the time. Developer further acknowledges that the new measures shall apply, as applicable, to development wi thin all future final map areas, but shall not be retroactive to those areas which receive final map approval prior to effect of the subject new measures. b. To implement the final Otay Ranch Village Eleven Water Conservation Plan (WCP) approved measures and include the measures as part of the Project. The Developer further: i. Agrees to comply and remain in compliance with the WCP; ii. Waives any claim that the adoption of a final WCP constitutes an improper subsequent imposition of the condition; iii. Acknowledges that the City Council may, from time-to-time, modify water conservation measures related to new development as various technologies and/or programs change or become available; and 4) agrees prior to or concurrent with each final map for the Project to modify the WCP to incorporate those new measures, which are in effect at the time. Developer further acknowledges that the new measures shall apply to development within all future final map areas, but shall not be retroactive to those areas which received final map approval prior to effect of the subject measures. 6 9-26 Village 11, R-11/12 OR-629F SSAI October 2005 7. Condition No. 7 (Agreements) . In satisfaction of Condition No. 70f the Resolution, the Developer agrees that any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. 8. Condition No. 11 (Conveyance Agreement). In satisfaction of Condition No. 11 of the Resolution, Developer hereby agrees to comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ( "Conveyance Agreement") 9. Condition No. 12 (Olympic Parkway Agreement). In satisfaction of Condition No. 12 of the Resolution, Developer hereby agrees that if any of these conditions conflict with the Olympic Parkway Financing and Construction Agreement approved by Council Resolution 19410, the Olympic Parkway Financing and Construction Agreement shall control. 10. Condition No. 13 - (Environmental). In satisfaction of Condition No. 13 of the Resolution, Developer hereby agrees, to implement, to the satisfaction of the Director of Planning and Building, all environmental impact mitigation measures identified in Final EIR 01-02 (SCH#2001031120), the candidate CEQA Findings and Mitigation Monitoring and Reporting Program (Final ErR 01-02) for this Project. 11. Condition No. 14 - (Other Agencies). In satisfaction of Condition No. 14 of the Resolution, Developer hereby agrees to comply with all applicable requirements of the California Department of Fish and Game, the California State Water Resources Quality Control Board, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the Developer agrees to comply with all applicable requirements prescribed in the Otay Ranch GDP/Village Eleven Environmental Impact Report EIR 01-02 (SCH#2001031120), and Mitigation Monitoring and Reporting Program. 12. Condition No. 15 (U. S. Fish and Wildlife/Fish and Game) . In satisfaction of Condition No. 15 of the Resolution, Developer hereby agrees, to comply with the Project's take permit/authorization from the U.S. Fish and Wildlife Service and California Department of Fish and Game, and comply with the City of Chula Vista MSCP Subarea Plan. 7 9-27 Village 11, R-11/12 OR-629F SSAI October 2005 13. Condition No. 16 - (RMP). In satisfaction of Condition 16 of the Resolution, Developer hereby agrees that prior to the approval of each final "B" map Developer shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource Management Plan (RMP2) as approved by City Council on June 4, 1996, and as may be amended from time to time by the City. 14. Condition No. 17 - (Preserve Conveyance Schedule). In satisfaction of Condition No. 17 of the Resolution, Developer hereby agrees to comply with the requirements and policies of the Otay Ranch Resource Management Plan "Preserve Conveyance Schedulen as approved by City Council on June 4, 1996, as may be amended from time to time. 15. Condition No. 25 - (Final "B" Maps). In satisfaction of Condition No. 25 of the Resolution, Developer hereby agrees to ensure that all "B" Maps shall be in substantial conformance with the related approved final "A" Map. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the first Final "Bn Map. 16. Condition No. 26 - (Future Open Space Lots for Slopes). In partial satisfaction of Condition No. 26 of the Resolution, Developer hereby agrees that prior to approval of the first final "B" map within Phase 3, the developer shall submit and obtain the approval of the City of a master final map ("A" Map) over the portion of the tentative map within each area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "A" Map. All "super block" lots created by this "A" Map or parcel map shall have access to a dedicated public street. Upon approval of site plans not yet finalized with the recordation of this agreement for lots within "A" Map No.3, Lot Line Adjustments or Parcel Maps shall be processed to create open space lots necessary to maintain slopes within determination of future open space lots for slopes wi thin "A" Map No.3, and to locate property lines at the top of said slopes. 17. Condition No. 28 (Oversized Improvements). In satisfaction of Condition No. 28 of the Resolution, Developer agrees that in the event of a filing of a final 'B' map which requires oversizing of the improvements necessary to serve other properties within the Project, said final map shall be required to install all necessary improvements to serve the project plus 8 9-28 Village 11, R-ll/12 OR-629F SSAI October 2005 the necessary oversizing of facilities required to serve such other properties (in accordance with" the restrictions of state law and City ordinances) . 18. Condition No. 30 (Slope Landscaping). In satisfaction of Condition No. 30 of the Resolution, Developer agrees that in addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet of slope area, one 1-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Director of Planning and Building prior to approval of the appropriate final map. 19. Condition No. 31 (Slope Landscaping). In satisfaction of Condition No. 31 of the Resolution, Developer agrees that public residential street parkways shall be no less than 7.5 feet in width for the planting area. The Applicant shall plant trees within said parkways which have been selected from the list of appropr""iate tree species described in the Village Eleven Design Plan and approved by the Directors of Planning and Building, Parks and Recreation and Public Works. The Applicant shall provide root barriers and deep watering irrigation systems for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. As a condition of approval of each final map for the applicable neighborhood, the Applicant shall be required to submit Improvement Plans for the residential street parkways for review and approval by the City Engineer, Director of Parks and Recreation and Director of Planning and Building. 20. Condition following: Condition No. 32 - (Street Trees). In satisfaction of No. 32 of the Resolution, Developer agrees to the a. The Developer shall install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Street trees, which have been selected from the revised list of appropriate tree species described in the Village Design Plan, shall be approved by the Director of Planning and Building and Director of Engineering. 9 9-29 Village 11, R-11/12 OR-629F SSAI October 2005 b. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Developer agrees to complete preliminary street improvement plans that show the location of all future street trees, which will be subject to the review and approval of the Director of Building and Park Construction and the Director of Planning & Building. Prior to any utility installation, wood stakes shall be placed by the Developer on site according to approved preliminary street tree plans and shall be painted a bright color and labeled as future street tree location. Developer further agrees to provide City documentation, acceptable by the Director of Building and Park Construction and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Developer will maintain street tree identification stakes in location as shown on approved preliminary plans until all dry utilities are in place. c. The Developer shall provide root control methods per the requirements of the Director of Planning and Building, and provide a deep watering irrigation system for the trees. d. A street tree improvement plan shall be submitted for review and subj ect to the approval of the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. 21. Conditions No. 35 (PFFP). In satisfaction of Condition No. 35 of the Resolution, Developer agrees to install public facilities in accordance with the Otay Ranch Village Eleven SPA, Public Facilities Finance Plan (PFFP) as may be amended from time to time or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. Developer acknowledge that the City Engineer and Director of Planning and Building may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. 22. Conditions No. 36 (Public Improvements). In satisfaction of Condition No. 36 of the Resolution, Developer agrees to dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Developer further agrees to construct and secure all street improvements as required by the PFFP, for each particular phase, as may be amended from time to time. The Developer further agrees to 10 9-30 Village 11, R-11!12 October_ 2005 OR-629F SSAI construct the public improvements and provide security satisfactory to the City Engineer and City Attorney. 23. Condition No. 40 (Improvement Construction). In satisfaction of Condition No. 40 of the Resolution, Developer agrees to secure in accordance with Section 18.16.220 of the Municipal Code, the construction and construct full street improvements for all on-site and off-site streets as identified in the Otay Ranch Village Eleven SPA, PFFP, as may be amended from time to time as deemed necessary to provide service to the Project. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facili ties, street lights, traffic signals, signs, landscaping, irrigation, fencing and fire hydrants. Street light locations shall be subject to the approval of the City Engineer. Developer further agrees to construct certain pedestrian safety improvements at one or more of the following locations; along Crossroads Street and Windingwalk Street where they cross the Paseo or where they cross the SDG&E/Water Authority Easements, at the entrance to the MU-1 site from Birch Road, and at the entrance to R-19/S-2 from Crossroads Street. Said improvements shall include, but not be limited to, traffic signals, flashing beacons and/or stop signs, as warranted by study funded by the developer and performed by May 1, 2007. 24. Condition No. 43 and 46- (Street Improvements). In partial satisfaction of Conditions No. 43 and 46 of the Resolution, Developer agrees to construct and secure, in accordance with Section 18.16.220 of the Municipal Code, the required street improvements listed below and pursuant to Exhibit "B" per the PFFP and/or Specific Planning Area Triggers as may be amended from time to time. . Hunte Parkway, North of SDG&E easement to Eastlake Parkway . Fully Activated Traffic Signals: o Hunte Parkway and Eastlake Parkway o Hunte Parkway at Discovery Falls Drive o Hunte Parkway at Exploration Falls Drive o Eastlake Parkway at Crossroads Street o Eastlake Parkway at MU-1 Entrance 25. Condition No. 45 (PFDIF) . In satisfaction of Condition No. 45 of the Resolution, Developer agrees to participate in the funding of revisions of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the City Manager or his designee and subj ect to the approval of the City Council and Developer will receive appropriate credit for such participation. 11 9-31 Village 11, R-11/12 OR-629F SSAl October 2005 26. Condition No. 48 - (Fire). In partial satisfaction of Condition No. 48 of the Resolution, Developer agrees to comply with the Fire Department's codes and policies for Fire Prevention, as may be amended from time to time. Developer further agress that prior to the issuance of any building permit(s) for the Project, to provide the following items prior to delivery of combustible materials on any construction site on the Project: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal; and b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet; and c. Street signs installed to the satisfaction of the Department of Public Works. Temporary street signs shall be subject to the approval of the Department of Public Works and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the Department of Public Works and Fire Department. 27. Conditions No. 49 (Construction Timing). In satisfaction of Condition No .49 of the Resolution, Developer agrees to obtain the approval of the City's Fire Marshal for the timing of construction of all internal streets in the Project. 28. Conditions No. 50 - (Fire Hydrants). In satisfaction of Condition No. 50 of the Resolution, Developer agrees that in addition to those fire hydrants depicted on the tentative map, the Developer shall install additional fire hydrants upon request and to the satisfaction of the Fire Department. 29. Conditions No. 51 - (Turnaround). In satisfaction of Condition No. 51 of the Resolution, Developer agrees to construct a temporary turnaround or street improvements, upon the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 150 ft. in length (as measured from the nearest street centerline intersection) . 30. Conditions No. 56b and 179 - (No Protest BRT Assessment Formation). In partial satisfaction of Conditions No. 56 and 179 12 9-32 Village 11, R-ll/12 OR-629F SSAI October 2005 of the Resolution, Developer agrees to not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley BRT System. 31. Condition No. 57 - (ADA). In satisfaction of Condition No. 57 of the Resolution, Developer agrees to construct sidewalks and construct pedestrian ramps on all walkways to meet "Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations; only after construction has commenced. 32. Condition No. 60 - (Private water in public street) In satisfaction of Condition No. 60 of the Resolution, Developer agrees to not install privately owned water, reclaimed water, or other utilities crossing any public street. Developer further acknowledges and agrees that the installation of sleeves for future construction of privately owned facilities may be allowed subject to the review and approval of the City Engineer if the following is accomplished: a. The Developer enters into an agreement with the City where the Developer agrees to the following: i. Apply for an encroachment installation of the private facilities public right-of-way; and, ii. Maintain membership in an advance notice such as the USA Dig Alert Service; and, iii. Mark out any private facilities owned by the Developer whenever work is performed in the area; and, iv. The terms of this agreement shall be binding upon the successors and assigns of the Developer. permit within for the b. Shutoff devices are provided at those traverse public streets. as determined by the City Engineer locations where private facilities 33. Condition No. 63 - (Street Name Signs). In satisfaction of Condition No. 63 of the Resolution, Developer agrees to install permanent street name signs prior to the issuance of the first building permit for the applicable final map. 34. Condition No. 69 - (LOMR). In satisfaction of Condition No. 69 of the Resolution, Developer agrees that prior to transfer 13 9-33 Village 11, R-ll/12 OR-629F SSAI October 2005 of responsibility of maintenance of any basins on the Project and release of the grading bond, to obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program Maps to reflect the effect of the drainage improvements. Developer acknowledges and agrees that it shall be the responsibility of the Developer to revise the flood plain map to reflect all modifications and to ensure that no proposed lot will be created in said flood plain. 35. Condition No. 78 (NPDES) . In satisfaction of Condition No. 78 of the Resolution, Developer agrees to comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Developer further agrees to file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N. P. D. E. S . General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The Developer further agrees to comply with all the provisions of the N. P. D. E. S. and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. The San Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01). The permit includes regulations such as implementation of Standard Urban Storm Water Mitigation plans (SUSMPS) and Numeric Sizing Criteria for new residential development. The Developer agrees to comply with all relevant City regulations, when they become effective, including but not limited to incorporation into the design and implementation of the Project temporary and permanent structural Best Management Practices and non-structural mitigation measures that would reduce pollution of storm water runoff to the maximum extent practicable. 36. Condition No. 96 (Permitting agencies). In partial satisfaction of Condition No. 96 of the Resolution, Developer agrees to obtain approval from all applicable permitting agencies, including but not limited to FEMA, prior to any work within each of the agencies jurisdiction. Developer further 14 9-34 Village 11, R-11/12 OR-629F SSAI October 2005 acknowledges and agrees that all mitigation requirements will be the responsibility of the Developer. 37. Condition No. 99 - (Salt Creek Basin Water Quality). In partial satisfaction of Condition No. 99 of the Resolution, Developer shall continue to maintain the naturalized channel and/or detention basins in Salt Creek Basin, by accomplishing the following: a. Prepare a maintenance program of all the proposed drainage and water quality treatment facilities in Salt Creek, including but not limited to naturalized channel, wetlands restoration areas, detention basins, and water quality treatment facilities. The maintenance program shall include, but not be limited to: a) a manual describing the operation and maintenance of the drainage and water quality treatment facilities; b) an estimate of the cost of such operation and maintenance activities; and c) a funding mechanism and schedule for financing the maintenance program. Said maintenance program shall be subject to approval by the City Engineer, Director of Planning and Building, and the Director of Parks and Recreation. The applicant shall be responsible for obtaining the approval of the maintenance program from all applicable federal and state agencies. b. Enter into an agreement with the City of Chula Vista and the applicable resource agencies wherein the parties agree to implement the maintenance program. c. Enter into an agreement with the City of Chula Vista, wherein Developer agrees to the following: i. Provide for the maintenance of all proposed drainage and water quality treatment facilities in Salt Creek, including but not limited to the naturalized drainage channel, wetlands restoration areas as allowed by the resource agencies, detention basins, and water quality treatment facilities until the latter to occur of: (a) maintenance of such facilities is assumed by the City, open space district or Master Homeowner's Association, or; (b) the City determines all erosion protection plantings are adequately established. ii. Provide for the removal of siltation, attributable to the Project, from all proposed drainage and water quality treatment facilities in Salt Creek, including but not limited to the naturalized drainage channel, wetlands restoration areas as allowed by resource agencies, detention basins, and water quality treatment facilities until all Ipstream grading of the area contained within the Project is completed and all 15 9-35 Village 11, R-11/12 OR-629F SSAI October 2005 erosion protection planting is as determined by the City Planning and Building, and Recreation. iii. Provide for the removal of any siltation resulting from all proposed drainage and water quality treatment facilities in Salt Creek, including but not limited to the naturalized drainage channel, wetlands restoration areas as allowed by the resource agencies, detention basins, and water quality treatment facilities, attributable to the Project, for a minimum period of five years after maintenance of such facility is accepted by the City or an appropriate Maintenance District. adequately established Engineer, Director of Director of Parks and d. Developer shall provide security, satisfactory to the City Engineer, guaranteeing the performance of the aforementioned maintenance and siltation removal obligations. 38. Condition No. 100 - (NPDES). In partial satisfaction of Condition No. 100 of the Resolution, Developer agrees to comply with all requirements of the new Municipal Storm Water Permit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board including plans as necessary. 39. Condition No. 114 - (Parks and Open Space). In partial .satisfaction of Condition No. 114 of the Resolution, Developer agrees that the Village Eleven Project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. The proj ect' s Neighborhood Park portion of the local park requirement shall be satisfied through the provision of a 7.0 net-acre Neighborhood Park (P-l). The remaining requirement shall be satisfied in a future Community Park through the payment of fees, dedication of land, or a combination thereof in a manner acceptable to the Director of Parks and Recreation. 40. Condition No. 116 (PAD Fees). In satisfaction of Condition No. 116 of the Resolution, Developer agrees to pay all applicable Parkland Acquisition and Development fees in affect at time of Council approval to the City in accordance with C.V.M.C Chapter 17.10 prior to approval of each final "Bfl Map. 16 9-36 . Village 11, R-11/12 OR-629F SSAI October 2005 41. Condition No. 118 (Park Site). In satisfaction of condition No. 118 of the Resolution, Developer agrees to have commenced construction of Project's Park (P-1), to the satisfaction of the Director of Parks and Recreation. Applicant shall complete construction of the park within nine (9) months of commencement of construction. The term "complete construction" shall mean park construction has been completed according to the City approved construction plans and accepted by the Director of Parks and Recreation. Furthermore "compete construction" shall mean prior to and shall not include the City's established maintenance period required prior to acceptance by the City for Public use. At any time the Director of Parks and Recreation may, at his sole discretion, modify the neighborhood development phasing and construction sequence for the proj ect' s park should conditions change to warrant such revision. " 42. Condition No. 121 (Parks). In satisfaction of Condition No. 121 of the Resolution, Developer agrees that at no time shall there be a deficit in "constructed neighborhood park". Developer further agrees that the City may withhold the issuance of building permits for the Project, should said deficit occur. For purposes of this paragraph the term "constructed neighborhood park" shall mean the construction of the park has been completed and accepted by the City as being in compliance with the Park Master Plan, but prior to the City's required mandatory maintenance period. This is not intended to supersede any of the City's maintenance guarantee requirements. 43. Condition No. 122 (Parks). In satisfaction of Condition No. 122 of the Resolution, Developer agrees that all local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Planning and Building Department specifications and policies. 44. Condition No. 124 - (Town Square P-4). In satisfaction of Condition No. 124 of the Resolution, Developer agrees that prior to issuance of the building permit for the 832na dwelling uni t issued wi thin Phase Two of the proj ect, Developer shall complete construction of the Town Square (P-4) within Phase Two, to the satisfaction of the Director of Parks and Recreation. 45. Condition No. 125 (Brush, Management Plan). In satisfaction of Condition No. 125 of the Resolution, Developer, prior to issuance of the first construction permit, shall prepare, submit and have received approval from the Director of Parks and Recreation of a comprehensive "Project Landscape Master Plan". Such approval shall be indicated by means of the Director 17 9-37 Village 11, R-11/12 OR-629F SSAI October 2005 of Parks and Recreation's and the Fire Marshal's signatures and date on said Plan. The contents of the Landscape Master Plan shall be revised to include a Brush Management Plan, identifying three zones and treatment. 46. Condition No. 127 (Landscape and Irrigation Slope Erosion Control Plan). In satisfaction of Condition No. 127 of the Resolution, Developer shall prepare, submit and obtain the approval of the Director of Parks & Recreation and the City Engineer for a landscape and irrigation slope erosion control plan as listed in Exhibit "B". All plans. shall be prepared in accordance with the current Chula Vista Landscape Manual and Grading Ordinance, as may be amended from time to time. Applicant shall install erosion control in accordance with approved plans within six months from the commencement of grading. 47. Condition No. 129 (Pedestrian Paseos). In satisfaction of Condition No. 129 of the Resolution, Developer shall provide easements for the pedestrian paseos identified on the Tentative Map, each approximately 60 feet in width, the exact width to be determined by the Director of Planning and Building. Upon the request of the Director of Public Works, paseos shall contain improved all-weather paved 12-foot wide minimum access to withstand an H-20 wheel load as approved by the Director of Public Works. Each paseo within said easements shall be maintained by the Master Homeowner's Association. Developer shall grant to the satisfaction of the Directors of Planning and Building and Public Works, pedestrian access easements, and General Utility Easements. Developer shall secure and construct said paseos upon the request of and at the direction of the Directors of Parks and Recreation and Public Works. 48. Condition No. 134 - (Regional Trails). In satisfaction of Condition No. 134 of the Resolution, Developer agrees to: a. Construct a "Regional Trail", concurrent with the construction of Hunte Parkway, on the north side of Hunte Parkway (within the Village Greenway) from the future pedestrian Bridge No. 1 at Eastlake Parkway to the Paseo connection and future pedestrian Bridge No. 2 between Neighborhoods R-17 and R-16 as depicted on the Parks, Trails and Open Space plan in the Village Eleven SPA Plan, and shall be designed to incorporate the "Project Landscape Master Plan" as .approved by the City and as amended from time to time. The Regional Trail shall meander away from the curb as much as possible. b. Construct a "Regional Trail", construction of Hunte Parkway, on the concurrent wi th the south/ east side of 18 9-38 Village 11, R-11!12 OR-629F SSAI October 2005 Hunte Parkway (within the Chula Vista Greenbelt) from the future Pedestrian Bridge No. 2 between Neighborhoods R-17 and R-16 as depicted on the Parks, Trails and Open Space Plan in the Village Eleven SPA Plan north to the intersection of Hunte Parkway and Olympic Parkway, and shall be designed to incorporate the "proj ect Landscape Master Plan" as approved by the City and as amended from time to time. The Regional Trail shall meander away from the curb as much as possible. 49. Condition No. 135 - (Retaining Walls). In satisfaction of Condition No. 135 of the Resolution, Developer agrees to keep any necessary retaining walls to a minimum and/or if a grading solution can be found, retaining walls will not be used to gain additional space for the street corridor. The retaining walls are to be located and detailed on the Grading Plans for Hunte Parkway, and subject to the approval of the Directors of Planning and Building and Public Works. Slopes gradients may be increased to the maximum permitted in the grading ordinance in limited locations to accommodate constraints such as maintenance access ways. Landform grading policies shall be observed and followed. If a combination of low retaining walls and modified landform grading cannot accommodate any constraints or maintenance access areas, the top of slope shall be adjusted, as City deems as necessary. 50. Condition No. 137 (Regional Trail Signage). In satisfaction of Condition No. 137 of the Resolution, Developer agrees that prior to the approval of each final "B" Map, containing a trail, for the Project, Developer shall obtain the approval of the Director of Parks and Recreation for appropriate signage indicating location of trail connections, handicap access, and bikeway locations to the Regional. Trail, Village Greenway, and Chula Vista Greenbelt. Said signage shall be included on the Landscape and Irrigation Improvement Plan. Signage shall be installed upon the request of the Director of Parks and Recreation and Director of Planning and Building. 51. Condition No. 139 (Accessibility Guidelines). In satisfaction of Condition No. 139 of the Resolution, Developer agrees to comply with the current Regulatory Negotiation Committee Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final Report, as may be amended from time to time, developed for: U.S. Architectural and Transportation Barriers Compliance Board when designing all trails and trail connections. 19 9-39 Village 11, R-ll!12 OR-629F SSAl October 2005 52. Condition No. 141 (Landscape Plans). In partial satisfaction of Condition No. 141 of the Resolution and prior to the approval of the first final "B" map, Developer agrees to: a. Submi t evidence, acceptable to the City Engineer and the Director of Planning and Building of the formation of a Master Homeowner's Association (MHOA) , or another financial mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of those landscaping improvements that are not to be included in the proposed financial mechanism. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the Open Space District. The final determination of which improvements are to be included in' the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building requires such annexation of future tentative map areas. The MHOA formation documents shall be subject to the approval of the City Attorney; and, b. Submit for City's approval the CC&R's, grant of easements and maintenance standards and responsibility of the MHOA's for the Open Space Areas wi thin the proj ect area. Developer shall acknowledge that the MHOA's maintenance of public open space, trails, etc. may expose the City to liability. Developer agrees to establish a MHOA that will hold the City harmless from any actions of the MHOA in the maintenance of such areas; and, c. Submit and obtain approval of the City Engineer and the Director of Planning and Building of a list of all Otay Ranch Village Eleven SPA and MHOA facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Master Homeowner' s Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: i. All facilities located on open space lots such as walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken 20 9-40 Village 11, R-11/12 OR-629F SSAI October 2005 down by the number of acres of: 1) turf, 2) irrigated, and 3) non-irrigated open space to aid in the estimation of a maintenance budget thereof. ii. Medians and parkways along Olympic Parkway, Eastlake Parkway and Hunte Parkway, Birch Road, (onsite and offsite) and all other street parkways proposed for maintenance by the applicable Community Facilities District or Homeowners' Association. iii. The proportional share of the proposed detention basin (temporary or permanent) located in the Salt Creek Sewer Basin. This includes the cost of maintenance and all cost to comply with the Department of Fish and Game and the Corps of Engineers permit requirements. i v. The proportional share of the maintenance of the median and parkways along that portion of Olympic Parkway adjoining the development as determined by the City Engineer. v. All water quality basins serving the Project. 53. Condition No. 145 (Homeowner Notification of MHOA Responsibilities). In satisfaction of Condition No. 145 of the Resolution, Developer agrees that future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow. 54. Condition No. 146 (HOA Responsibilities). In satisfaction of Condition No. 146 of the Resolution, Developer agrees that an HOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind any gated entrances. The facilities to be maintained incl ude, but are not 1 imi ted to: pavements, sidewalks, street trees, street lights including power supply, street sweeping, private drainage facilities and landscaping of private common areas. 55. Condition No. 148 (Open Space Lot Walls). In satisfaction of Condition No. 148 of the Resolution, Developer agrees to ensure that all buyers of lots adjoining open space lots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City property and that they shall not modify or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CC&R's for all lots. 21 9-41 Village 11, R-11/12 OR-629F SSAI October 2005 56. Condition No. 150 (Maintenance District). In satisfaction of Condition No. 150 of the Resolution, Developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within or adjacent to the Project. 57. Condition No. 164 - (Off site Right of Way). In partial satisfaction of Condition No. 164, the Developer agrees to notify the City at least 60 days prior to consideration of a map by City if any off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the Developer shall: a. Pay the full cost of acquiring off-site right-of~ way and/or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way and/or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the final map. The Developers shall pay all costs, both direct and indirect incurred in said acquisition. 58. Condition No. 172 - satisfaction of Condition No. agrees: (Withhold Permits per PFFP). In 172 of the Resolution, Developer a. That the City may withhold building permits for the subject subdivision if anyone of the following occur: i. Regional development threshold lirni ts set by the Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended from time to time. ii. Traffic volumes, utilities and/or services City threshold standards levels either or fail of service, public exceed the adopted to comply with the 22 9-42 Village 11, R-ll/12 OR-629F SSAI October 2005 then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. The Developer agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch Village Eleven SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula vista may grant access to cable companies franchised by the City of Chula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the 23 9-43 Village 11, R-11/12 OR-629F SSAl October 2005 Tentative Map Conditions or any Supplemental Agreement. City shall provide the Developer of notice of determination and allow the Developer reasonable time to said breach The such cure e. To hold the City harmless from erosion, siltation or increase flow of from this Project. any liability for drainage resulting 59 . Condi tion No. 173 - (Future Regional Agreements). In satisfaction of Condition No. 173 of the Resolution, Developer shall enter into a supplemental agreement with the City prior to approval of the first final "B" Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANnAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 60. Condition No. 174 satisfaction of Condition No. 174 agrees to comply with all previous the property. (Previous Agreements). In of the Resolution, Developer agreements as they pertain to 61. Condition No. 175 (Street Sweeping). In partial satisfaction of Condition No. 175 of the Resolution, Developer agrees to cause street sweeping to commence immediately after the final residence, in each phase, is' occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after the completion of all punch list items, whichever is shorter. The Developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. 62. Condition No. 176 (Regional Impact Fees). In satisfaction of Condition No. 176 of the Resolution, Developer agrees to not protest the formation of any future regional benefit assessment district formed to finance regional facilities. 63. Condition No. 179 (No Protest LRT or BRT Assessment Formation). In satisfaction of Condition No. 179 of the Resolution, Developer agrees to not protest the formation of any potential future regional benefit assessment district formed to finance the Light Rail (or Bus) Transit (LRT/BRT). 24 9-44 Village 11, R-ll/12 OR-629F SSAI October 2005 64. Condition No. 181 (Schools). In satisfaction of Condition No.181 of the Resolution, Developer shall deliver to the Sweetwater Union High School District a 25 -net usable acre graded junior (middle) high school site including utilities provided to the site and an all weather access road acceptable to the District prior to January 1, 2005. The all weather access road shall also be acceptable to the Fire Department. This schedule is subj ect to modification by the School District as based on District facility needs. 65. Condition No. 183 (PFFP). In satisfaction of Condition No. 183 of the Resolution, Developer agrees to install all public facilities in accordance with the Village Eleven Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold standards adopted by the City. Developer acknowledges and agrees that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The Developer further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as may be amended from time to time by the City. Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.100) . 66. Condition No. 184 (Interim facilities) . In satisfaction of Condition No. 184 of the Resolution, Developer agrees that the maintenance and demolition of all interim facilities (public facilities, utilities and improvements) is the Developer's responsibility, and that construction and demolition bonds will be required to the satisfaction of the City Engineer. 67. Condition No. 189 - (Annual review). In satisfaction of Condition No. 189 of the Resolution, Developer agrees that pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP) , and as they may be amended from time to time, the Developer shall complete the following: (1) Fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), Projected 25 9-45 Village 11, R-11/12 OR-629F SSAI October 2005 construction dates, corresponding adopted threshold standards, and for necessary facilities. public facility needs per the identifying financing options 68. Condition No. 192 (Transit Stop Facilities). In satisfaction of Condition No. 192 of the Resolution, Developer shall construct and secure, or agree to construct and secure, the construction of transit stop facilities as set forth in the PFFP. The schedule for constructing the transit stops shall be approved or determined by the City Engineer prior to approval of the aforementioned final map. Applicant shall design, subject to the approval of the City Engineer said transit stops in conjunction with the improvement plans for the related street. The City Engineer may require that Applicant provide security guaranteeing the construction of said transit stops in a form of cash or any other form approved by the City Engineer at his/her sole discretion. Since transit service availability may not coincide with project development, the Applicant shall install said improvements when directed by the City. 69. Condition No. 193 -. (Phasing Plan). In satisfaction of Condition No. 193 of the Resolution, Developer agrees that any proposals to modify the Village Eleven SPA approved phasing plan, shall be submitted to the City for review and approval prior to approval of the first final "B" Map. The Developer further acknowledges and agrees that the PFFP shall be revised where necessary to reflect the revised phasing plan. 70. Condition No. 195 - (Phasing Plan). In satisfaction of Condition No. 195 of the Resolution, Developer agrees that if phasing is proposed within an individual map or through multiple final maps, the Developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any final map. Developer further acknowledges and agrees that improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. Developer acknowledges that the City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments, and that the City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. The Developer further agrees that the. City Engineer may change the timing of construction of the public facilities. 71. Condition No. 196 - (Phasing Plan). In satisfaction of Condition No. 196 of the Resolution, Developer agrees that the 26 9-46 Village 11, R-11/12 OR-629F SSAI October 2005 Public Facility Finance plan or revisions thereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. Developer acknowledges that the PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the proj ect area; that throughout the build-out of Village Eleven SPA, actual development may differ from the assumptions contained in the PFFP; and that neither the PFFP nor any other Village Eleven SPA Plan document grant the Developer an .entitlement to develop as assumed in the PFFP, or limit the Village Eleven SPA's facili ty improvement requirements to those identified in the PFFP. Developer acknowledges that compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern Village Eleven SPA development patterns and the facility improvement requirements to serve such development. In addition, Developer acknowledges and agrees that the sequence in which improvements are constructed shall correspond to any future Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City and that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. 72. Condition No. 198 (Code Requirements). In satisfaction of Condition No. 198 of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Developer acknowledges and agrees that preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Developer further agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements. 73. Condition No. 199 satisfaction of Condition No. 199 agrees to pay the following fees in and Council Policy: (Code Requirements) . In of the Resolution, Developer accordance with the City Code a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Salt Creek Sewer Basin DIF. e. The pedestrian Bridge DIF. 27 9-47 Village 11, R-ll!12 OR-629F SSAI October 2005 f. The FIND Model reserve Fund Fee. Developer agrees to pay the amount of said fees in effect at the time of issuance of building permits 74. Condition No. 200 (Code Requirements). In partial satisfaction of Condition No. 200 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer agrees to be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 75 . Condi tion No. 202 (Code Requirements). In part ial satisfaction of Condition No. 202 of the Resolution, Developer agrees to comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 76. Condition No. 203 (Code Requirements). In partial satisfaction of Condition No. 203 of the Resolution, Developer agrees that all proposed development should be consistent with the Otay Ranch Village Eleven SPA Planned Community District Regulations. 77. Condition No. 204 (Code Requirements). In partial satisfaction of Condition No. 204 of the Resolution, Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures. 78. Condition No. 205 (Code Requirements). In partial satisfaction of Condition No. 205 of the Resolution, Developer acknowledges that the City amending its Growth Management Ordinance to add Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Developer acknowledges and agrees that said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the Developer hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 79. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos. 1-5, 7, 28 9-48 Village 11, R-ll/12 OR-629F SSAl October 2005 11-17, 25-26, 28, 30-32, 35, 36, 40, 43, 45, 46, 48-51, 56-57, 60, 63, 69, 78, 96, 99-100, 114, 116, 118, 121-122, 124-125, 127, 129, 134, 135, 137, 139, 141, 145, 146, 14S, 150, 164, 172-177, 179, 181, 183, 184, 189, 192-193, 195-196, 198-200, 202-205 of Resolution 2001-364. Developer further understands and agrees that the some of the provisions herein may be required to be performed or accomplished prior to the approval of subsequent final maps for the Project, as may be appropriate. SO. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by Resolution No. 2001-364 and shall remain in compliance with and implement the terms, conditions and provisions therein. Sl. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 82. Building Permits. Developer and Guest Builders understand and agree that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 83. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Engineering DEVELOPER: 29 9-49 Village 11, R-ll!12 OR-629F SSAI October 2005 Brookfield Shea Otay LLC 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014 Attn: Adam Pevney, Assistant Project Manager Tel: (858) 481-8500 A party may change such address for the purpose paragraph by giving written notice of such change other party in the manner provided in this paragraph. of this to the b. Captions. Capt ions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subj ect matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Attachments. and exhibits attached hereto into this Agreement. Any recitals set forth above are incorporated by reference f. Attorneys I Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] 30 9-50 Village 11, R-11/12 OR-629F SSAI October 2005 [PAGE ONE. OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA VISTA TRACT NO. 01-11 NEIGHBORHOODS R-lS AND R-16] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Mayor Attest: Susan Bigelow City Clerk Approved as to form: Ann Moore City Attorney [NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES] 9-51 Village 11, R-ll/12 OR-629F SSAl October 2005 [PAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA VISTA TRACT NO. 01-11 NEIGHBORHOODS R-11 AND R-12] DEVELOPERS/OWNERS: BROOKFIELD SHEA OTAY LLC, a California Limited Liability Company By: Brookfield Otay LLC, a Delaware Limited Liability By~L ~ ~;?"J /l L ~ Name: SANDRA E. MOORE Vice ~resldenvCFO Company, membyr ..1,.7. ,1 , / ;({~ By: /-; fl;{/W / ./ Name: E, pJle coke" / /. ,f) IA:". ire;). By: Shea Otay Village 11, a California Limited Liability Company, member By: Shea Homes Limited Partnership, a California Limited Par rship its Sole Member By: By: ~ Name: A(.....~)<f'rl'-'\>~~ L..< i?L-'>H~I":-Na A--\.A...-""""'(;~~t7 4C-ej\,.,/{ (Attach Notary Acknowledgment) 9-52 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } 55. County of San Diego On October 27, 2005, before me, Nicole Sutherland, Notary Public, personally appeared Sandra E. Moore and E. Dale Gleed, ~ - - - - - - - - - - - - @ NICOLE SUTHERlAND _ - Commission # 1555413 ~ i .. Notary Public. Callfomla ~ j San DIego County ~ __ _ _ ~:o:m~Exp~es_~2~2~ personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Lu~ Svct~v~ Place Notary Seal Above Signature of Notary Public I ^ -^ State of California ) ) s.s. County of San Diego ) On October 27,2005 before me, Theresa Gayle Grove, Notary Public, personally appeared Alexander Plishner and Jim Kilgore personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. .-----1 / fuUJt\ ~M~ tf/K- II - . /J ~. THERESA GAYlE GROVE ~ U) -. Comm. # 1515118 {f1 L NOTARY PUBlIC. CAllfOlHJA SonDltgocOllllly - . .. My c_. EIp/I" .",,' 5. 2DD9! 9-54 Village 11, R-11/12 OR-629F SSAI October 2005 EXHIBIT "A" PROPERTY DESCRIPTION Lots 1 through 91 together with Lots A through G of Chula Vista Tract No. 01-11, Otay Ranch Village 11 Neighborhoods R-ll and R-12, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. , Field in the Office of the County Recorder of San Diego County on 2005 as File No. of Official Records. 9-55 Village 11, R-ll/12 OR-629F SSAI October 2005 EXHIBIT "B" LIST OF SECURITIES CVWONo Description Bond $ Bonding Company Bond (Drawin~ #) Name number 1 05-079 Landscape and illigation Plans $391,633.20 2 9-56 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT 01-11, OTA Y RANCH VILLAGE II, NEIGHBORHOODS R-11 AND R-12 WHEREAS, the Grant of Easements and Maintenance Agreement for Chula Vista Tract 01-11, Otay Ranch Village 11, Neighborhoods R-11 and R-12, sets forth the developers' obligation through the community association to maintain landscaping in the public right of way; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve the Grant of Easements and Maintenance Agreement for Chula Vista Tract 0 I- ll, Otay Ranch Village II, Neighborhoods R-Il andR-12, a copy of which shall be kept on file in the office ofthe City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Sohaib AI-Agha City Engineer ! 9-57 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL L Ann Moore City Attorney Dated:;1 /Z9/DS- , I GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT ON CVT 01-11, OTAYRANCHVILLAGE II,R-l1 ANDR-12 9-58 'EXHIBIT e RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency for less than a fee interest for which no cash consideration has been paid or received. (ABOVE SPACE FOR RECORDER'S USE) GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOODS R-11 AND R-12, Map No. AMBER AT WINDINGWALK (DEDICATED EASEMENTS) This GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT ("Agreement") is made as of this _ day of ,200_, by and between the CITY OF CHULA VISTA, amunicipal corporation ("City"), and BROOKFIELD SHEA OTA Y LLC, a California limited liability company ("BSO LLC"). RECITALS A. This Agreement concerns and affects certain improvements within portions of the real property located in Chula Vista, California, more particularly described in Exhibit" A" attached hereto' and incorporated herein ("Property"). The Property is part of a planned residential development project commonly known as Windingwalk Planned Development (and also referred to as "Otay Ranch Village 11 "), Chula Vista Tract No. 01-11, being the subject of the City Council Resolution No. 2001-364 (the "City Resolution"). For purposes of this Agreement, the term "Project" shall refer to the overall Windingwalk Planned Development project, including, but not limited to the "Property." B. BSO LLC is the Declarant under that certain Master Declaration of Restrictions For Winding-walk filed or to be filed for record in the Official Records of S an Diego County, California (the "Master Declaration"). SHEA HOMES LTh1ITED PARTNERSHIP, a California limited 10/4105 -1- 9-59 075022-0001292269.1 partnership, ("Guest Builder") which has signed a Consent to this Agre=ent, is the owner of the Property. The Master Declaration provides for WINDINGW ALK MASTER ASSOCIATION, a CaliforniaN onprofit Mutual Benefit Corporation ("MHO A") to maintain certain areas in the Proj ect. Furthermore, one or more sub-associations may be formed (" SHOA") for a particularproject( s) within WindingwalkPlanned Development, the purposes of which would include the maintenance of certain amenities within the project over which the SHOA has jurisdiction. C. The Property is or will become covered by that the certain final map(s) (the "Final Maps") described on Exhibit "A" attached hereto and referenced in the title to this Agreement. D. In order for BSO LLC or Guest Builder to obtain the Final Maps and for the City to have assurance that the maintenance of certain areas within the Project would be provided for, the City andBSO LLC or Guest Builder entered into a Suppl=ental Subdivision hnprov=ent Agreement pursuant to the City Resolution, in which BSO LLC agreed that maintenance of such areas shall be accomplished by the creation of ahome owners association. The Parcels shown on Exhibit "B" attached hereto describe those particular areas which were dedicated to the public on one or more of the Final Maps but which include landscaping improvements to be maintained by the MHOA. The public areas to be maintained by the MHOA are collectively referred to as the "MHOAMaintainedPublic Areas." E. The City desires to grant to BSO LLC eas=ents for landscape maintenance purposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in order to facilitate the obligations of BSO LLC as set forth in Supplemental Subdivision hnprovement Agreements, adopted pursuant to the City Resolution. NOW, THEREFORE, in consideration ofthe mutual covenants herein contained, the parties agree as set forth below. I. Grant of Easements. The City hereby grants to BSO LLC and its agents, successors and assigns, non-exclusive easements and rights-of-way over and across the MHOA Maintained Public Areas for the purpose of maintaining, repairing and replacing landscaping improvements located thereon. These grants are made without any warranties of any kind, express or implied, other than the warranty stated in Paragraph 14(f) below. 2. Maintenance Obli~ations (a) BSO LLC to Initially Maintain. BSO LLC hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, those improvements within the MHOA Maintained Public Areas which are described on Exhibit "C" attached hereto, at a level equal to or better than the level of maintenance which is acceptable to the Director of Public Works Operations, at hislher discretion and equivalent to City or Community Facilities District maintained right-of-way facilities. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair, the provision of water and replac=ent obligations described herein and on Exhibit" C" hereto and shall also include repair and replacement at no cost to the City of any City owned property that is damaged during performance of the maintenance 1014105 -2- 9-60 - 075022-0001292269.1 10/4/05 responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of the City. (b) Transfer to MHOA. Upon BSO LLC's transfer of maintenance obligations to the MHOA, (i) theMHOA shall become obligated to perform the obligations so transferred, and (ii) subject to the City determining that the requirements of Paragraph 3 below have been satisfied, BSO LLC shall be released from such obligation. Transfer of maintenance obligations to the MHOA may be phased (that is, there may be multiple transfers). BSO LLC represents to City that it intends to, and has the authority to, unilaterally transfer said maintenance obligations either (i) to the MHOA and that such transfer has been provided for in the Master Declaration, and that such document(s) include the provisions described in Paragraph 3( a)(ii) below, or alternatively (ii) to anew homeowners association (the "New Association") established for maintenance of the open space and thoroughfare median areas in the Property, and that such transfer shall be provided for in the declaration ofrestrictions (the "New Declaration") for the New Association, and that such document(s) shall include the provisions described in Paragraph 3(a)(ii) below. References below in this Agreement to the "Association" shall include the New Association and "Declaration" shall include the New Declaration ifBSO LLC elects to form a new homeowners association for the Property. (c) Transfer By MHOA. The MHOA shall have the rightto transfer Maintenance obligations to a sub-association ("SHOA") or to the owner of an apartment project ("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i) the Transferee shall become obligated to perform the obligations so transferred, (ii) the MHOA shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii) the MHOA shall be released from the obligations so transferred subjectto the City determining that the requirements of Paragraph 4 below have been satisfied. Although it is possible that Maintenance obligations might be transferred to an apartment owner, BSO LLC does not believe it is likely that Maintenance obligations will be transferred to an apartment owner. 3. Assi!mment bv BSO LLC and Release ofBSO LLC (a) Assignment. UponBSO LLC's transfer of the Maintenance obligations to the MHOA, it is intended bytheparties that the MHOA shall perform the Maintenance obligations either itself or by contractors. Such transfer will release BSO LLC from its obligations only if all of the following occur: (i) MHOA Accepts Oblil!:ation. The MHOA has unconditionally accepted and assumed all ofBSO LLC's obligations under this Agreement in writing, such assigmnent provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations ofBSO LLC under this Agreement. The assigmnent shall also have been approved by the appropriate governing body of the MHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assigmnent. -3- 9-61 075022-0001292269.1 (ii) :MEOA's Master Declaration. The City has confirmed that there have been no modifications to the recorded Master Declaration previously approved by City, to any of the following provisions: the MHOA shall be responsible for the maintenan<;e of the MHOAMaintained Public Areas, the MHOA shall indemnify City for all claims, demands, causes of action, liability or loss related to or arising from the maintenance activities, and the MHOA shall not seek to be released by City from the maintenance obligations of this Agreement, without the prior consent of City and one hundred percent (100%) of the holders of first mortgages or owners of the Property. (iii) :MEOA Insurance. The :MEOA procures and formally resolves to maintain at its sole cost and expense, commencing no later than the City's release of all ofBSO LLC's landscape maintenance bonds, a policy of public liability insurance which at least meets the requir=ents of Section 5.1 (a) of the Master Declaration which reads as follows: (a) General Liability Insurance. The Master Association shall obtain a comprehensive general liability and property damage insurance policy insuring the Master Association and the Owners against liability incident to ownership or use of the Master Association Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best of"A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements the Master Association do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds; (iii) The poli:cy shall contain the following severability clause (or language which is substantially the . same): "The coverage shall apply separately to each insured except with respect to the limits of liability." This Section 5.1 (a) may not be amended without the written consent of the City Planning Director or City Attorney. 10/4105 -4- 9-62 075022-0001 292269.1 The JV[HOA shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. (b) Release. When all conditions precedent in Paragraph 3( a) are fulfilled, BSO LLC shall be released from its obligations under this Agreement, including its security and insurance requir=ents. BSO LLC acknowledges that it has a contractual obligation to perform the terms and conditions of this Agreement until and unless released by the City from this Agre=ent. At least sixty (60) days prior to such transfer, BSO LLC shall give a notice to the City ofBSO LLC's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3(a). 4. Assilmment bv MHOA and Release ofMHOA. (a) Assignment. Upon JV[HOA's transfer of the Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall perform the Maintenance obligations either itself or by contractors. Such transfer will release the MHOA from its obligations only if all of the following occur: (i) Transferee Accel'ts Obligation. The Transferee has unconditionally accepted and assumed all of the JV[HOA's obligations under this Agreement in writing, such assignment provides that the burden of this Agre=entremains a covenant running with the land, and the assjgnee expressly assumes the obligations oftheJV[HOA under this Agre=ent. If the Transferee is an SHOA, the assignment shall also have been approved by the appropriate governing body of the SHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) SHOA's DeclaratiOll of Restrictions. If the Transferee is an SHOA, the Cityhas reviewed and approved the SHOA's recorded Declaration of Restrictions to confirm that said document contains appropriate maintenance and insurance provisions. (iii) SHOA Insurance. The Transferee procures and formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance which meets the requirements set forth in Paragraph 3 (a) (ill) above. The SHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the MHOA shall be released from its obligations under this Agreement, including its security and insurance requirements. At least sixty (60) days prior to such transfer, MHOA shall give notice to the City of MHO A's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 4(a). 5. BSO LLC's Insurance. Until such time as the MHOAhas obtained the general liability insurance required by Section 5.1 (a) of the Master Declaration, BSO LLC agrees to procure and 10/4/05 -5- 9-63 075022.0001292269.1 formally resolves to maintain at its sole cost and expense, commencing no later than the date that the landscape architect of record has submitted a letter of substantial conformance pertaining to work being completed to the General Services Department and the General Services Department Director or his designee has deemed the work complete and satisfactory, a policy of public liability insurance that would include, but is not limited to the following: General Liability Insurance. BSO LLC shall obtain a comprehensive general liability and property damage insurance policy insuring BSO LLC against liability incident to ownership or use of the Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best" A, Class V" or better with modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The City ofChula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements BSO LLC do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds and; (ill) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability." BSO LLC shall provide the City with a Certificate of Insurance upon procur=ent of the policy as set forth above. 6. Indemnitv. BSO LLC shall defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein" claims or liabilities "), that may be asserted or claimed by any person, firm, or entity because of or arising out of or in connection with the use, maintenance, or repair of the MHOA Maintained Public Areas. BSO LLC shall not have any liability under this section by reason of the Transferee's failure to maintain. 7. Indemnitv If Transferee. The document whereby BSO LLC transfers a Maintenance obligation to a Transferee shall be signed by both BSO LLC and the Transferee and shall set forth an express assumption ofMaintenance and other obligations hereunder and shall include the following indemnification provision: Indemnity. The Transferee shall defend, indemnify, and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities "),which result from the Transferee's failure to comply with therequir=ents of the obligations 10/4/05 -6- 9-64 075022.0001292269.1 transferred hereby to Transferee. Transferee shall not have any liability under this Indemnity by reason of another party's failure to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This Indemnity may not be amended without the written consent of the City Director ofPlanning and Building or City Attorney. 8. Agreement Binding Upon Any Successive Parties. This Agreement shall be binding upon BSO LLC and any successive Declarant under the Master Declaration. This Agreement shall be bindinguponMHOA and any Transferees upon transfer of maintenance obligations to the MHOA or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. 9. Agreement Runs With the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are ownerS of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 10. Governin!': Law. TIlls Agreement shall be governed and construed in accordance with the laws of the State of California. 11. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the SanDiego County Recorder'S Office. 12. Counterparts. TIlls Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 13. Recordin!':. The parties shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved by the City Council. 14. Miscellaneous Provisions. (a) Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States mail, certified orregistered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated 10/4/05 -7- 9-65 075022-0001292269.1 in this Agreement. A party may change such address for the purpose of this Paragraph by giving written notice of such change to the other party. If To City: CITY OF CHULA VISTA Department of Public Works/Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer If To BSO LLC: BROOKFIELD SHEA OTAY LLC c/o Brookfield Otay LLC 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014 Attn: Mr. Adam Pevney With a Copy To: Shea Homes Limited Partnership 9990 Mesa Rim Road San Diego, CA92l21 Attn: Mr. Alex Plishner (b) Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. (c) Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, understandings and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. (d) Recitals; Exhibits. Anyrecitals set forth above and any attached exhibits are incorporated by reference into this Agreement. (e) Compliance With Laws. In the performance of its obligations under this Agreement, BSO LLC, its agents and employees, shall comply with any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. (f) Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from 10/4/05 -8- 9-66 075022-0001292269.1 its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. (g) Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego County Recorder's Office. (h) Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to person or circumstance, shall not be affected thereby and each term, covenant or condition shall be valid and be enforced to the fullest extent permitted by law. (i) Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or draftiI\g of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. CITY OF CHULA VISTA, a municipal corporation By: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk APPROVED AS TO FORM: By: Ann Moore, City Attorney 10/4/05 9-67 -9- 075022-0001292269.1 BROOKFIELD SHEA OTAY LLC, a California limited liability company By: Brookfield Otay LLC, a Delaware limited liability company, member B~' '" d ~'",J.- ;;F_1o' A G"",,,,..; By . It Ii! Its 0~~~. ~.Z'I~ <;Au./ By: Shea Otay Village 11, LLC, a California limited liability company, member By: Shea Homes Limited Partnership, a California limited partnership its Sole Member o~' r . ,:'ori;; '~ BY~ Its: Authorized Agent CONSENT OF GUEST BUILDER: The undersigned, being the owner or soon to be the owner of the Property, hereby consents to this Agreement and to' the recording of this Agreement. SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By Its: By Its: Authorized Agen 10/4/05 9-68 -10- 075022-0001292269.1 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On Qtn\ner' \ 0 ,200 5 , before me, Ni c..ol ~ Notary Public in and for said State, personally appeared Rono../ d "D. (."YLLYlOlAO Q nd.. E. 'l:'vd" SLd-'nel"lo..rd bleed . . personally known to me (er prs'.'ea te me ('Iii the 8afJi~ of g:msfEletery s',qde!l.o:e) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in m&lbllf/their authorized capacity(ies), and that by kis.'fl6f/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 1.1\;\ t.fllJ. ~M- W,V I (j .u. fJ. fa NICClIIIlIHEIIIAND c.~,~,.lI1N1S NaIlIy NIle. e.QllllCl j .. CllIIgD CowIr Clnm....re27. (Seal) STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On () h,&r ) / , 200 S ,before me, ,111 tP ( r" <"11 Notary Public in ll)ld for said State, personally appeared I, rri /.') J ;':00 -tt'J) {( _ , Dfi.-<..,.,t , 6 i'Du<-. k'tI/;orf. On rL (/ , personally known to me (or proved to m~ UH t1~ Basis of satisfllCtory S'.'idence) to be the person@J whose name@j&7are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in ffisI'her/their authorized capacity~, and that by his/her/their signature@on ~e instrument, the perso~ or the entity upon behalf of which the person@:acted, executed the mstrument. WITNESS my hand and official seal. S,,,,-]teA u'k.. &teL..~^,,- l@IKERESA GAYlE GROVE ~ .: Comm. # 1515118 fJl 'f H<lMPIIIUC.Cl/JIOIIlIoI _ , ',;. l<nDll9oc"",,,.. ';~:. M'C..... ~.IInH 20091 (Seal) 10/4105 9-69 -11- 075022-0001292269.1 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On , 200_, before me, Notary Public in and for said State, 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 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 (Seal) 10/4105 9-70 -12- 075022.0001292269.1 EXHIBIT "A" LEGAL DESCRIPTION LOTS 1 AND 2 TOGETHER WITH A PORTION OF EXPLORATION FALLS DRIVE OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 "AU MAP NO.3, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON ,2005. /JJ4J/ ad /~hoo"- DAVID vi. AMBLER L.t. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. F'AGE 1 OF 1 M:\::~}6'\\,430\L&;iJI DE-:'\c.r.ptlon\p,I1:? BOUNOP.;:t';' r;~!"! e~ l~. i~i .doc V,O C;.421 9-71 - if /.: i ~. ~ ~ ~ _ EXHIBIT "B" CRULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOODS R-ll AND R-12 AREA TO BE MAiNTAINED BY ASSOClAnON 100 200 300 I I SCALE 1"-100' . HUNSAKER ~ 1 ~!'~~9~~TES PLA.NNlNC '10179Hul!nnek~Stteet ENGNEBUNC San Oieza. D. 92lZ'1 SURVEYING PH(I!5815sa-4500- FXtaSB)SSa.1414 R \0639\&Mcp\HOA MAINT EX SHT 01.DWG[1275]Sep-30-2005: 09: 25 SHEET 1 OF J ~ rr; ~ ~ ~ l\J SHEET 2 OF 3 _ EXHIBIT "B" CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOODS R-11 AND R-12 SEE SHEEr ~ No. .3 ~ ~ rr; ~ S f!5 ..... 56 ~ AREA TO BE MAINTAINED BY ASSOC/AnON o 200 100 SCALE 1"=100' 1111 HUNSAKER 1&1 ~f~~?~~TES !'tANNINC '0'I7'J Huemekem StJeet ENONEalNC San Dler;o. Ca. 92121 SURVEYlNC PH(BSB)SSI3-4SOO. FX(asa)ss8-1414 R:\0639\&Mop\HOA MAINT EX SHT 02.DWG[1275]Sep-30-2005: 11:04 ~ ~ c 300 EXHIBIT liB" CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOODS R-ll AND R-12 SHIDJOFJ ~ rr; ~ S ~ ~~ ~ AREA TO BE MAINTAINED BY ASSOCIAnON ~ ~ 200 300 I I I SCALE 1"= 100' . HUNSAKER & ASSOCIATES S....N DIECo, IHe PLANNlNC 1D17'J HuemeIam S~t ENGlNEElINC ,SM1 Oieio.Ca 9Z1l1 SURVEYING PH(B58lSSlMSOO. FX(BSB}558-14l4 R: \0639\&Map\HOA MAINT EX SHT 03.0WG[1275]Sep-30-2005: 12: 50 EXHIBIT "C" Maintenance Responsibilities City of Chula Vista Area HOA Maintenance Maintenance Parkways within those Landscaping in the parkways Maintenance of curb, gutter, portions of those public road including irrigation, trimmil1 g sidewalks and pavement. shown on Exhibit "B" and pruning of trees, and maintenance and irrigation of turf areas, and maintenance of any project signage or similar project monumentation. 9-75 10/4/05 075022..0001292269.1 COUNCIL AGENDA STATEMENT Item Meeting Date: 12/06/2005 ITEM TITLE: A) Resolution approving the Final Map of Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhoods R-13 and R-14; approving the associated Subdivision Improvement Agreement for the completion of improvements; and approving a Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhoods R-13 and R-14. B) Resolution approving the Grant of Easements and Maintenance Agreement for Chula Vista Tract 01-11, Otay Ranch Village 11, Neighborhoods R-13 and R-14, establishing specific obligations and responsibilities for maintenance of private landscaping within public right- of-way. SUBMITTED BY: City Engineer~ ./;) -:7f1 City Manager ;;/ t"- -{ ^' (4/5ths Vote: Yes_ No X ) REVIEWED BY: Tonight Council will consider Neighborhoods R-13 and R-14, a subdivision of Otay Ranch Village II (Windingwalk). Neighborhoods R-13 and R-14 consist of 108 single-family detached lots and 13 Home Owner's Association maintained open space lots. Approval of the Final "B" Map and its associated Subdivision and Supplemental Subdivision Improvement Agreements, and a Grant of Easements and Maintenance Agreement will allow the project to proceed. RECOMMENDATION: That Council adopts the resolutions. BOARDS AND COMMISSIONS: N/A DISCUSSION: Otay Ranch Village II, with the marketing name of "Windingwalk" is generally located south of Eastlake Greens, east of Eastlake Parkway and northwest of Hunte Parkway (Attachment 1). The tentative map (Chula Vista Tract No. 01-11) was approved on October 23, 2001 by Resolution 2001-364. Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhoods R- 13 and R-14 are a 22.551-acre project generally located north of Hunte Parkway and east of Eastlake Parkway, consisting of 108 residential and 13 open space lots. The Final Map for Neighborhoods R-13 and R-14 (Attachment 2) and the associated agreements are now before Council for consideration and approval. Final Map: The Final "B" Map has been reviewed by staff and found to be in substantial conformance with the approved Tentative Map. The developer, Brookfield Shea Otay, LLC, has paid all applicable fees due at final map approval. /0-/ Item /0 , Page 2 Meeting Date: 12/06/2005 Council approval of the Final Map will constitute: . Acceptance by the City of the public streets, . Acknowledgment of the Irrevocable Offer of Dedication of Fee Interest for open space and other public purposes within the subdivision granted on the map, . Acceptance by the City of the landscape buffer and sight visibility easements. Associated Agreements: In addition to Final Map approval, staff recommends that Council approve the following agreements associated with the project: 1. Subdivision Improvement Agreement: Requires the developer to complete the improvements required by said Subdivision. Security bonds have been provided, guaranteeing the completion of all improvements and monumentation required by the Municipal Code; 2. Supplemental Subdivision Improvement Agreement: Addresses several unfulfilled conditions of the Tentative Map approved by Resolution No. 2001-364. These conditions will remain in effect until completed by the developer and/or their successors(s) in interest; 3. Grant of Easements and Maintenance Agreement: Establishes certain specific obligations and responsibilities for the maintenance of certain improvements located along the public parkways - Journey Way, Trellis Street, Trellis Way, and Wander Street - by the developer and/or their successor(s) in interest, as required by the Tentative Map conditions of approval. The above agreements have been reviewed by staff, and approved as to form by the City Attorney. Environmental Review: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the Final Map was adequately covered in previously adopted Final Second Tier EIR (EIR 01-02), for the Otay Ranch General Plan AmendmentsNillage 11 Sectional Planning Area Plan, and Conceptual Tentative Map. Thus, no further environmental review or documentation is necessary . FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees and other costs associated with the proposed Final Map and agreements. Attachments: Attachment 1: Plat of Windingwalk, Otay Ranch Village II Attachment 2: Plat ofOtay Ranch Village II, Neighborhood R-13 and 14 Attachment 3: Developer's Disclosure Statement Exhibit A: Subdivision Improvement Agreement Exhibit B: Supplemental Subdivision Improvement Agreement Exhibit C: Grant of Easements and Maintenance Agreement MI File No. OR628F (J:\EngineeMGENDA\CAS2005V 1-22-05\R-13-14 CAS. doc) 10-2 ATTACHMENl ( ~ Otay Ranch Vi llage 11 ~ Il-!l R-23 R-24 Q) -...""" /0-3 Bruak:tield Shea Otat, u.c ATTACHMENT 2- CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOODS R-13 & R14 ~ ~ :z.., ~ :;.,:: R-16 ~ ~ ~ <:) ~ :L ,-, ,,< u n / L R-12 , ,11_- -..' SCALE: 1"= 200 ' R-ll R-15 . HUNSAKER ~ !'~,~9f~ !ES PWJNlNG '10179 Hl.eneIr.em S.t ENGINEERING San Dqo. Ca 91121 SURYEYI!>K: PH(8S8)5584500. FX(858)5S8-1414 R:\06J8\.tlIap\AX CRY COUNCIL EXHIBlT.dwg( 2167]Oct-20-2006:16:08 /0 --'I 18/85/2885 85:28 8587932395 BHSD APED PAGE 82 ATTACHMENT ~ l' 1a nn i n g & B u i I din g D e par t men t Planning Division 1 Oevelopment .Processing alY Of' CHUlA VISTA APPLICATION APPENDIX 8 Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Brookfield Shea Olav LLC Brookfield Otav LLC Shea Otav Villace 11. LLC 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. Shea Homes Limited Partnership N/A 3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. Hunsaker & Assoc. (Frank Coolev) Brookfield Olav LLC ( Ron Grunow) GMP f.k.a. Gillesoie Desion GroUD ( Rob Streza ) 5. Has any person" associated with this contract had any financial dealings with an official" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes CL. No ~ If Yes, briefly describe the nature of the financial interest the official"" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No 18I Ves 0 If yes, Which Council Member? 276 Fourth Avenue I Chuta Vista I California I 91910 I (619) 691-5101 10-5 10/05/2005 09:20 8587932395 BHSD APED PAGE 03 Planning & Building Department Planning DivisiQT1 , Development Processing em Of CHULA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to af) official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes D-- No 181_ If Yes, Which official"- and what was the nature of item provided? Date: 1 01412005 BI"br:>~f'~t'd.. ::;;~ ~~ .t.~ ~~~~?C! _,e:. v..,.:>. Signature of ContractorlApplicarff' Ronald D. Grunow. P.E. ;//? Print or type name of Conlraclor I Applicant . Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. .- Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of. the City, employee, or staff members. 276 Fourth Avenue I Chula Vi~a I California I 91910. I (619) 691-510.1 /0-0 RESOLUTION NO. 2005-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-13 AND R-14; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-13 AND R-14 WHEREAS, the developer, Brookfield Shea Otay LLC has submitted a final map for Otay Ranch Village 11, Neighborhoods R-13 and R-14; and WHEREAS, the developer has executed a Subdivision Improvement Agreement to install public facilities associated with the project; and WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolution No. 2001-364. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract 01-11, Otay Ranch Village 11, Neighborhoods R-13 and R-14, and more particularly described as follows: Being a subdivision of Lots 3, 4 and 5, together with a portion of Exploration Falls Drive of Chula Vista Tract No. 01-11 Otay Ranch Village 11 "A" Map No.3, in the City of Chula Vista, State of California, according to map thereof No. filed in the Office of the County Recorder of San Diego County on ,2005: Area: 22.551 Acres No. of Lots: 121 Numbered Lots: 108 Lettered Lots: 13 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, that the City Council accepts on behalf of the public the public streets, to-wit: Journey Street, Journey Way, Trellis Way, Crossroads Street, Crossroads Way, and Ladybug Place, and said streets are hereby declared to be public streets and dedicated to the public use all as shown on Otay Ranch Village 11, Neighborhoods R-13 and R-14 within said subdivision. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A" through "M" for open space and other public purposes all as shown on Otay Ranch Village 11 Neighborhoods R-13 and R-14 within said subdivision. /0 -7 Resolution 2005-_ Page 2 BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista the landscape buffer and sigbt visibility easements, all shown on Otay Ranch Village 11, Neighborhoods R-13and R-14 within said subdivision. BE IT FURTHER RESOLVED the City Council of the City of Chula Vista does hereby approve certain Subdivision Improvement Agreement for Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhoods R-13 and R-14 for the completion of improvements in said subdivision, a copy of which shall be kept on file in the office of the City Clerk. BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhoods R-13 and R-14, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as therefore stated, and that the Irrevocable Offer of Dedication of the fee interest of said lots be acknowledged, and that the easements as granted on Otay Ranch Village 11, Neighborhoods R-13 and R-14 map within said subdivision is accepted on behalf of the City of Chula Vista as hereinabove state. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by Sohaib Al-Agba City.Engineer /tJ-f THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dated: 11/30/05 SUBDIVISION IMPROVEMENT AGREEMENT FOR OTA Y RANCH VILLAGE 11, R-13 AND R-14 (CVT 01-11) ID -1 Recording Requested by: CITY CLERK When Recorded, Mailto: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of ,2005, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", BROOKFIELD SHEA OTA Y LLC, a California lirnited liability company, 12865 Pointe Del Mar, Suite 200, Del Mar, CA, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a fmal subdivision map of a proposed subdivision, to be known as OTAY RANCH VILLAGE 11 NEIGHBORHOODS R-13 and R-14 (CVT 01-11) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a defmite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will -I- /O -/D R-13 & R-14 SIA October 2005 instal] and complete, at Subdivider's own expense, al] the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Reso]ution No. 200]-364, approved on the 23rd day of October, 2001 ("Tentative Map Reso]ution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 05049-01 through 05049-10, and inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of ONE MILLION TWO HUNDRED AND NlNTY THOUSAND DOLLARS AND NO CENTS ($1,290,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: I. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with al] of the terms, conditions and requirements of the Tentative Map Reso]ution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, al] of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recita]s ("Improvement Work"); and will furnish the necessary materials therefore, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause al] necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of -2- /0-// R-13 & R-14 SIA October 2005 clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of SIX HUNDRED AND FORTY FIVE THOUSAND DOLLARS AND NO CENTS ($645,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and which security is shown on Exhibit "A". 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of SIX lIUNDRED AND FORTY FIVE THOUSAND DOLLARS AND NO CENTS ($645,000.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is shown on Exhibit" A" . 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWENTY FOUR THOUSAND DOLLARS AND NO CENTS ($24,000.00) to secure the installation of monuments, which security is shown on Exhibit "A". 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. -3- /D-I-7 1';- R-13 & R-14 SIA October 2005 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of fmal acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. -4- /0-/3 R-13 & R-14 SlA October 2005 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IS. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. (C:\Documents and SettingslTheresaGlLocal SettingslTemporary Internet FileslOLK6DBISIA R-13-14 Draft.doc) -5- IO-N' R-13 & R-14 SIA October 2005 SIGNATURE PAGE ONE OF TWO SUBDIVISION IMPROVEMENT AGREEMENT OTA Y RANCH VILLAGE 11, NEIGHBORHOOD R-13 AND R-14 (CVT 01-11) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year fIrst hereinabove set forth. THE CITY OF CHULA VISTA Stephen C. Padilla Mayor ATTEST: Susan Bigelow City Clerk Approved as to form by Ann Moore City Attorney -6- 10 -/5' R-13 & R-14 SIA October 2005 SIGNATURE PAGE TWO OF TWO SUBDIVISION IMPROVEMENT AGREEMENT OTA Y RANCH VILLAGE 11, NEIGHBORHOOD R-13 AND R-14 (CVT 01-11) BROOKFIELD SHEA OT A Y LLC, a California Limited Liability Company By: Brookfield Otay LLC, a Delaware Limited Liability Company, member By, ~ V'" Namf (jA'YfQ 12. p;~~ By: Name: C; By: Shea Otay Village 11 LLC, a California Limited Liability Company, member If !.? Y (U'1 l,/ Me/AD, J l<P Limited Partnership, a Califomia Limited Partnership its Sole Member O~ . ,j,~, K. ~d"- /?Uj!>O'--'l Orl By: Name: h j), J1bY" 11; ,;1/'7-1 (Attach Notary Acknowledgment) -7- ID -/6 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California } ss. County of San Diego On October 25, 2005, before me, Nicole Sutherland, Notary Public, personally appeared E. Dale Gleed and David R. Poole, J@---- - N~O~ ;UTH~R~~ - J Commltllon # 1555413 ~ \' Notary PubtIc . Catllomla ~ San DIego county _ _ _ ~~~~~2:~ personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. ~lVu- ~~la-~ Place Notary Seal Above Signature of Notary Public j[)-17 State of California ) ) S.S. County of San Diego ) On October 25, 2005 before me, Theresa Gayle Grove, Notary Public, personally appeared Alexander Plishner and Jim Kilgore personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. i ~THER.ES~ G.~YlE GROVE 1- : Comm. U5l51ll" III !Jl HOlAR'fPIIUc.WOllNlA - SonDll9O C""~ .. l ~c"",.~mtl,20091 /t~dA 41/L ~~ /O-If R-13 & R-14 SlA PUBLIC IMPROVEMENTS Otay Ranch Village 11, R-13 & R-14 Improvements Monumentation for Streets October 2005 EXHIBIT "A" TO SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE 11, R-13 AND R-14 (CVT 01-11) ESTIMATED COST OF IMPROVEMENTS FAITHFUL PERFORMANCE LABOR AND MATERIALS DRAWING NOS. BOND NOS. SU50l7780 SU5015972 hnprovement Completion Date: Two (2) years .from date of Council approval of the Subdivision hnprovement Agreement $1,290,000 $645,000.00 $645,000.00 05050-01 to 05050-10 $24,000.00 Per private Civil Engineer's or Land Surveyor's Estimate Securities approved as to form and amount by City Attorney (J:\EngineerILANDDEVlProjects\Otay Ranch Village 11IR13 & 14\SlA R-13-14 -B.doc) -8- ID -/9 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ,!/ Ann Moore City Attorney ~~ Dated: 11/30/05 SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OT A Y RANCH VILLAGE 11 R-13 AND R-14 - B MAP (CVT 01-11) /D -20 RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 . r.., Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA VISTA TRACT NO. 01-11 R-13/14 - B MAP (Conditions 1-5, 7, 11-17, 25-26, 28, 30-32, 35, 36, 40, 43, 45, 46, 48-51, 56-57, 60, 63, 69, 78, 96, 99-100, 114, 116, 118, 121- 122, 124-125, 127, 129, 134, 135, 137, 139, 141, 145, 146, 148, 150, 164, 172-177, 179, 181, 183, 184, 189, 192-193, 195-196, 198- 200, 202-205 of Resolution 2001-364) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of , 2005, by and between THE CITY OF CHULA VISTA, California ("City" for recording purposes only) and the signatories to this Agreement, BROOKFIELD SHEA OTAY LLC, a California Limited Liability Corporation ("Developer" or "Owner"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein (" Property") . The Property is Phase III of approved Tentative Subdivision Map Chula Vista Tract 01-11 Otay Ranch Village Eleven, commonly known as Windingwalk. For purposes of this Agreement the term "Project" shall also mean "Property". B. "Owner" or "Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's successors-in-interest and assigns of any property within the boundaries of the Property. C. Developer and/or Developer's predecessor in interest 1 OR-628F /D'-")/ ' ..:.-- Village 11, R-13/14 OR-628F SSAI October 2005 has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 01-11 ("Tentative Subdivision Map" or "Tentative Map") for the subdivision of the Property. D. The City has adopted Resolution No. 2001-364 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E. Developer has requested the approval of a "B" Map for the Project ("Final Map"). Certain conditions of approval of the Tentati ve Subdivision Map requires Developer to enter into an agreement with the City prior to approval of the Final Map for the Project. F. City is willing, on the premises, security, conditions herein contained to approve the Final Map Developer has applied and Developer has agreed to the conditions set forth herein. terms and for which terms and G. All the terms of the Supplemental Subdivision Improvement Agreement for Otay Ranch Village 11, "An Map No. 1 adopted by Resolution 2003-075, the supplemental subdivision improvement agreement for Otay Ranch Village Eleven "An Map No.2, approved by Resolution 2004-107, and the supplemental subdivision improvement agreement for Otay Ranch Village Eleven "An Map No.3, approved by Resolution 2005- remain in full force and effect. H. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. "Complete Construction" shall construction of the improvements have been been inspected and accepted by the City. mean that the completed and have b. "Guest Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. c. "SPA Plan" means the Otay Ranch Village Eleven Sectional Planning Area Plan as adopted by the City Council on October 17, 2001 pursuant to Resolution No. 2001-363. d. "PFFP" means the Otay Ranch Village Eleven Public Facilities Financing Plan adopted by Resolution No. 2001-363, and as may be further amended from time to time. e. "FSEIR 01-02" means Final Subsequent Environmental Impact Report and its attendant Addendum for the Otay Ranch 2 '0 7'.j ! -" ./ .' -.....-- Village 11, R-13/14 OR-628F SSAI October 2005 General Development Plan Amendments/Village Eleven Sectional Area Plan and Conceptual Tentative Map. f. "Improvement Plans" means all the onsite and offsi te improvements required to serve the lots created by the Final Map, in accordance with improvement plans to be approved by the City. Said improvements shall include, but not limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed and potable water utilities, drainage facilities, street lights, signage, landscaping, irrigation, fencing and fire hydrants. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described on Exhibit "A" until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefi t of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the Guest Builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the Guest Builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The 3 ID-23 Village 11, R-13/14 OR-628F SSAI October 2005 City shall not withhold its consent to any such request for a release Sb long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partia1 Re1ease of Deve1oper's Assignees; If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Re1ease of Individua1 Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot (s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association; iii. The conveyance of a school site as identified in the SPA Plan to a school district; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 2. Condition No. 1 - (Agreement to a11 terms, covenants 4 10- 2'-/ Village 11, R-13/14 OR-628F SSAl October Z005 and conditions). In satisfaction of Condition No. 1 of the Resolution, Developer agrees to all of the terms, covenants and conditions contained herein shall that binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 3. Condition No.2 - (Requirements and guidelines). In satisfaction of Condition No. 2 of the Resolution, Developer agrees to comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; FSEIR # 01-02; Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan and supporting documents including: Village Eleven Public Facilities Finance Plan; Village Eleven Parks, Recreation, Open Space and Trails Plan; Village Eleven SPA Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 4. Condition No. 3 (City's Right to Revoke or Modify Approvals). In satisfaction of Condition No. 3 of the Resolution, if any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 5. Condition No.4 - (Hold City Harmless). In satisfaction of Condition No. 4 of the Resolution, Developer agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 5 10- 2'5 Village 11, R-13/14 OR-628F SSAI October 2005 6. Condi tion No. 5 - (Comply with SPA Conditions). In satisfaction of Condition No. 5 of the Resolution, the Developer agrees to comply with all applicable Village Eleven SPA conditions of approval, (PCM 99-15) as may be amended from time to time. Developer further agrees as follows: a. To implement the final Otay Ranch Village Eleven Air Quality Improvement Plan (AQIP) approved measures and include the measures as part of the Project. The Developer further: i. Agrees to comply and remain in compliance with the AQIP; ii. Wai ves any claim that adoption of the final AQIP constitutes an improper subsequent imposition of the condition; iii. Acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available; and iv. Agrees prior to or concurrent with each Final Map for the Project to modify the AQIP to incorporate those new measures, which are in effect at the time. Developer further acknowledges that the new measures shall apply, as applicable, to development within all future final map areas, but shall not be retroactive to those areas which receive final map approval prior to effect of the subject new measures. b. To implement the final Otay Ranch Village Eleven Water Conservation Plan (WCP) approved measures and include the measures as part of the Project. The Developer further: i. Agrees to comply and remain in compliance with the WCP; ii. Waives any claim that the adoption of a final WCP constitutes an improper subsequent imposition of the condition; iii. Acknowledges that the City Council may, from time-to-time, modify water conservation measures related to new development as various teChnologies and/or programs change or become available; and 4) agrees prior to or concurrent with each final map for the Project to modify the WCP to incorporate those new measures, which are in effect at the time. Developer further acknowledges that the new measures shall apply to development within all future final map areas, but shall not be retroactive to those areas which received final map approval prior to effect of the subject measures. 6 ;i') - "/ ~; > '-' .........-Y-<. Village 11, R-13/14 OR-628F SSAI October 2005 7. Condition No. 7 - (Agreements). In satisfaction of Condition No. 7 of the Resolution, the Developer agrees that any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. 8. Condition No. 11 (Conveyance Agreement) . In satisfaction of Condition No. 11 of the Resolution, Developer hereby agrees to comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement") 9 . Condi tion No. 12 (Olympic Parkway Agreement). In satisfaction of Condition No. 12 of the Resolution, Developer hereby agrees that if any of these conditions conflict with the Olympic Parkway Financing and Construction Agreement approved by Council Resolution 19410, the Olympic Parkway Financing and Construction Agreement shall control. 10. Condition No. 13 - (Environmental) In satisfaction of Condition No. 13 of the Resolution, Developer hereby agrees, to implement, to the satisfaction of the Director of Planning and Building, all environmental impact mitigation measures identified in Final EIR 01-02 (SCH#2001031120), the candidate CEQA Findings and Mitigation Monitoring and Reporting Program (Final EIR 01-02) for this Project. 11. Condition No. 14 - (Other Agencies) . In satisfaction of Condition No. 14 of the Resolution, Developer hereby agrees to comply with all applicable requirements of the California Department of Fish and Game, the California State Water Resources Quality Control Board, the u.S. Fish and Wildlife Service and the u.s. Army Corps of Engineers. Prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the Developer agrees to comply with all applicable requirements prescribed in the Otay Ranch GDP/Village Eleven Environmental Impact Report EIR 01-02 (SCH#2001031120), and Mitigation Monitoring and Reporting Program. 12. Condi tion No. 15 (U. S. Fish and Wildlife/Fish and Game) . In satisfaction of Condition No. 15 of the Resolution, Developer hereby agrees, to comply with the Project's take permit/authorization from the u.s. Fish and Wildlife Service and California Department of Fish and Game, and comply with the City of Chula Vista MSCP Subarea Plan. 7 /0-27 Village 11, R-13/14 OR-628F SSAI October 2005 13. Condition No. 16 - (RMP). In satisfaction of Condition 16 of the Resolution, Developer hereby agrees that prior to the approval of each final "B" map Developer shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource Management Plan (RMP2) as approved by City Council on June 4, 1996, and as may be amended from time to time by the City. 14. Condition No. 17 - (Preserve Conveyance Schedule). In satisfaction of Condition No. 17 of the Resolution, Developer hereby agrees to comply with the requirements and policies of the Otay Ranch Resource Management Plan "Preserve Conveyance Schedule" as approved by City Council on June 4, 1996, as may be amended from time to time. 15. Condition No. 25 (Final "B" Maps). In satisfaction of Condition No. 25 of the Resolution, Developer hereby agrees to ensure that all "B" Maps shall be in substantial conformance with the related approved final "A" Map. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the first Final "B" Map. 16. Condition No. 26 - (Future Open Space Lots for Slopes) . In partial satisfaction of Condition No. 26 of the Resolution, Developer hereby agrees that prior to approval of the first final "B" map within Phase 3, the developer shall submit and obtain the approval of the City of a master final map ("A" Map) over the portion of the tentative map within each area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "A" Map. All "super block" lots created by this "A" Map or parcel map shall have access to a dedicated public street. Upon approval of site plans not yet finalized with the recordation of this agreement for lots within "A" Map No.3, Lot Line Adjustments or Parcel Maps shall be processed to create open space lots necessary to maintain slopes within determination of future open space lots for slopes within "A" Map No.3, and to locate property lines at the top of said slopes. 17. Condition No. 28 (Oversized Improvements). In satisfaction of Condition No. 28 of the Resolution, Developer agrees that in the event of a filing of a final 'B' map which requires oversizing of the improvements necessary to serve other properties wi thin the proj ect, said final map shall be required to install all necessary improvements to serve the project plus 8 10-22 Village 11, R-13/14 OR-628F SSAI October 2005 the necessary oversizing of facilities required to serve such other properties (in accordance with the restrictions of state law and City ordinances) . 18. Condition No. 30 (Slope Landscapinq) . In satisfaction of Condition No. 30 of the Resolution, Developer agrees that in addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet of slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Director of Planning and Building prior to approval of the appropriate final map. 19. Condition No. 31 (Slope Landscapinq) . In satisfaction of Condition No. 31 of the Resolution, Developer agrees that public residential street parkways shall be no less than 7.5 feet in width for the planting area. The Applicant shall plant trees wi thin said parkways which have been selected from the list of appropriate tree species described in the Village Eleven Design Plan and approved by the Directors of Planning and Building, Parks and Recreation and Public Works. The Applicant shall provide root barriers and deep watering irrigation systems for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. As a condition of approval of each final map for the applicable neighborhood, the Applicant shall be required to submit Improvement Plans for the residential street parkways for review and approval by the City Engineer, Director of Parks and Recreation and Director of Planning and Building. 20. Condition following: Condition No. 32 - (Street Trees). In satisfaction of No. 32 of the Resolution, Developer agrees to the a. The Developer shall install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Street trees, which have been selected from the revised list of appropriate tree species described in the Village Design Plan, shall be approved by the Director of Planning and Building and Director of Engineering. 9 /0-21 Village 11, R-13/14 OR-628F SSAI October 2005 b. Prior to the installation of any dry utili ties, including but not limited to cable, telephone, gas or electric lines, Developer agrees to complete preliminary street improvement plans that show the location of all future street trees, which will be subject to the review and approval of the Director of Building and Park Construction and the Director of Planning & Building. Prior to any utili ty installation, wood stakes shall be placed by the Developer on site according to approved preliminary street tree plans and shall be painted a bright color and labeled as future street tree location. Developer further agrees to provide City documentation, acceptable by the Director of Building and Park Construction and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Developer will maintain street tree identification stakes in location as shown on approved preliminary plans until all dry utilities are in place. c. The Developer shall provide root control methods per the requirements of the Director of Planning and Building, and provide a deep watering irrigation system for the trees. d. A street tree improvement plan shall be submitted for review and subject to the approval of the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. 21. Conditions No. 35 (PFFP). In satisfaction of Condition No. 35 of the Resolution, Developer agrees to install public facilities in accordance with the Otay Ranch Village Eleven SPA, Public Facilities Finance Plan (PFFP) as may be amended from time to time or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. Developer acknowledge that the City Engineer and Director of Planning and Building may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. 22. Conditions No. 36 (Public Improvements). In satisfaction of Condition No. 36 of the Resolution, Developer agrees to dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Developer further agrees to construct and secure all street improvements as required by the PFFP, for each particular phase, as may be amended from time to time. The Developer further agrees to 10 /0-30 Village 11, R-13/14 October 2005 OR-628F SSAI construct the public improvements and provide security satisfactory to the City Engineer and City Attorney. 23. Condi tion No. 40 (Improvement Construction). In satisfaction of Condition No. 40 of the Resolution, Developer agrees to secure in accordance with Section 18.16.220 of the Municipal Code, the construction and construct full street improvements for all on-site and off-site streets as identified in the Otay Ranch Village Eleven SPA, PFFP, as may be amended from time to time as deemed necessary to provide service to the Project. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utili ties, drainage facili ties, street lights, traffic signals, signs, landscaping, irrigation, fencing and fire hydrants. Street light locations shall be subject to the approval of the City Engineer. Developer further agrees to construct certain pedestrian safety improvements at one or more of the following locations; along Crossroads Street and Windingwalk Street where they cross the Paseo or where they cross the SDG&E/Water Authority Easements, at the entrance to the MU-1 site from Birch Road, and at the entrance to R-19/S-2 from Crossroads Street. Said improvements shall include, but not be limited to, traffic signals, flashing beacons and/or stop signs, as warranted by study funded by the developer and performed by May 1, 2007. 24. Condition No. 43 and 46- (Street Improvements). In partial satisfaction of Conditions No. 43 and 46 of the Resolution, Developer agrees to construct and secure, in accordance with Section 18.16.220 of the Municipal Code, the required street improvements listed below and pursuant to Exhibit "B" per the PFFP and/or Specific Planning Area Triggers as may be amended from time to time. · Hunte Parkway, North of SDG&E easement to Eastlake Parkway · Fully Activated Traffic Signals: o Hunte Parkway and Eastlake Parkway o Hunte Parkway at Discovery Falls Drive o Hunte Parkway at Exploration Falls Drive o Eastlake Parkway at Crossroads Street o Eastlake Parkway at MU-1 Entrance 25. Condition No. 45 (PFDIF) . In satisfaction of Condition No. 45 of the Resolution, Developer agrees to participate in the funding of revisions of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the City Manager or his designee and subj ect to the approval of the City Council and Developer will receive appropriate credit for such participation. 11 /D -3/ Village 11, R-13/14 OR-628F SSAI October 2005 26. Condition No. 48 - (Fire). In partial satisfaction of Condition No. 48 of the Resolution, Developer agrees to comply with the Fire Department's codes and policies for Fire Prevention, as may be amended from time to time. Developer further agress that prior to the issuance of any building permi t (s) for the proj ect, to provide the following items prior to delivery of combustible materials on any construction site on the Project: a.Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal; and b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet; and c. Street signs installed to the satisfaction of the Department of Public Works. Temporary street signs shall be subject to the approval of the Department of Public Works and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the Department of Public Works and Fire Department. 27. Conditions No. 49 (Construction Timing). In satisfaction of Condition No. 49 of the Resolution, Developer agrees to obtain the approval of the City's Fire Marshal for the timing of construction of all internal streets in the Project. 28. Conditions No. 50 - (Fire Hydrants). In satisfaction of Condition No. 50 of the Resolution, Developer agrees that in addition to those fire hydrants depicted on the tentative map, the Developer shall install additional fire hydrants upon request and to the satisfaction of the Fire Department. 29. Conditions No. 51 - (Turnaround). In satisfaction of Condition No. 51 of the Resolution, Developer agrees to construct a temporary turnaround or street improvements, upon the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 150 ft. in length (as measured from the nearest street centerline intersection) . 30. Conditions No. 56b and 179 - (No Protest BRT Assessment Formation). In partial satisfaction of Conditions No. 56 and 179 12 ID -32 Village 11, R-~3/14 OR-628F SSAI October 2005 of the Resolution, Developer agrees to not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley BRT System. 31. Condition No. 57 - (ADA). In satisfaction of Condition No. 57 of the Resolution, Developer agrees to construct sidewalks and construct pedestrian ramps on all walkways to meet "Americans wi th Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 32. Condition No. 60 - (Private water in public street) In satisfaction of Condition No. 60 of the Resolution, Developer agrees to not install privately owned water, reclaimed water, or other utilities crossing any public street. Developer further acknowledges and agrees that the installation of sleeves for future construction of privately owned facilities may be allowed subject to the review and approval of the City Engineer if the following is accomplished: a. The Developer enters into an agreement with the City where the Developer agrees to the following: i. Apply for an encroachment installation of the private facilities public right-of-way; and, ii. Maintain membership in an advance notice such as the USA Dig Alert Service; and, iii. Mark out any private facilities owned by the Developer whenever work is performed in the area; and, iv. The terms of this agreement shall be binding upon the successors and assigns of the Developer. permit within for the b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. 33. Condition No. 63 - (Street Name Signs). In satisfaction of Condition No. 63 of the Resolution, Developer agrees to install permanent street name signs prior to the issuance of the first building permit for the applicable final map. 34. Condition No. 69 - (LOMR). In satisfaction of Condition No. 69 of the Resolution, Developer agrees that prior to transfer 13 10--33 Village 11, R-13/14 OR-628F SSAI October 2005 of responsibility of maintenance of any basins on the Project and release of the grading bond, to obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program Maps to reflect the effect of the drainage improvements. Developer acknowledges and agrees that it shall be the responsibility of the Developer to revise the flood plain map to reflect all modifications and to ensure that no proposed lot will be created in said flood plain. 35. Condition No. 78 (NPDES). In satisfaction of Condition No. 78 of the Resolution, Developer agrees to comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Developer further agrees to file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N. P. D. E. S. General Permi t for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The Developer further agrees to comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. The San Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01). The permit includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development. The Developer agrees to comply with all relevant City regulations, when they become effective, including but not limited to incorporation into the design and implementation of the Project temporary and permanent structural Best Management Practices and non-structural mi tigation measures that would reduce pollution of storm water runoff to the maximum extent practicable. 36. Condition No. 96 - (Permitting agencies). In partial satisfaction of Condition No. 96 of the Resolution, Developer agrees to obtain approval from all applicable permitting agencles, including but not limited to FEMA, prior to any work wi thin each of the agencies jurisdiction. Developer further 14 /0-3'/ Village 11, R-13/14 OR-628F SSAI October 2005 acknowledges and agrees that all mitigation requirements will be the responsibility of the Developer. 37. Condition No. 99 - (Salt Creek Basin Water Quality). In partial satisfaction of Condition No. 99 of the Resolution, Developer shall continue to maintain the naturalized channel and/or detention basins in Salt Creek Basin, by accomplishing the following: a. Prepare a maintenance program of all the proposed drainage and water quality treatment facilities in Salt Creek, including but not limited to naturalized channel, wetlands restoration areas, detention basins, and water quality treatment facilities. The maintenance program shall include, but not be limited to: a) a manual describing the operation and maintenance of the drainage and water quality treatment facilities; b) an estimate of the cost of such operation and maintenance activities; and c) a funding mechanism and schedule for financing the maintenance program. Said maintenance program shall be subject to approval by the City Engineer, Director of Planning and Building, and the Director of Parks and Recreation. The applicant shall be responsible for obtaining the approval of the maintenance program from all applicable federal and state agencies. b. and the agree to Enter into an agreement with the City of Chula Vista applicable resource agencies wherein the parties implement the maintenance program. c. Enter into an agreement with the City of Chula Vista, wherein Developer agrees to the following: i. Provide for the maintenance of all proposed drainage and water quality treatment facilities in Salt Creek, including but not limited to the naturalized drainage channel, wetlands restoration areas as allowed by the resource agencies, detention basins, and water quality treatment facilities until the latter to occur of: (a) maintenance of such facilities is assumed by the City, open space district or Master Homeowner's Association, or; (b) the City determines all erosion protection plantings are adequately established. ii. Provide for the removal of siltation, attributable to the Project, from all proposed drainage and water quality treatment facilities in Salt Creek, including but not limited to the naturalized drainage channel, wetlands restoration areas as allowed by resource agencies, detention basins, and water quality treatment facilities until all lpstream grading of the area contained within the Project is completed and all 15 /0 -35 Village 11, R-13/14 OR-628F SSAl October 2005 erosion protection planting is as determined by the City Planning and Building, and Recreation. iii. Provide for the removal of any siltation resulting from all proposed drainage and water quality treatment facilities in Salt Creek, including but not limited to the naturalized drainage channel, wetlands restoration areas as allowed by the resource agencies, detention basins, and water quality treatment facilities, attributable to the Project, for a minimum period of five years after maintenance of such facility is accepted by the City or an appropriate Maintenance District. adequately established Engineer, Director of Director of Parks and d. Developer shall provide security, satisfactory to the City Engineer, guaranteeing the performance of the aforementioned maintenance and siltation removal obligations. 38. Condition No. 100 - (NPDES). In partial satisfaction of Condition No. 100 of the Resolution, Developer agrees to comply with all requirements of the new Municipal Storm Water Permit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board including plans as necessary. 39. Condition No. 114 - (Parks and Open Space). In partial satisfact:ion of Condition No. 114 of the Resolution, Developer agrees that the Village Eleven Project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. The Project's Neighborhood Park portion of the local park requirement shall be satisfied through the provision of a 7.0 net-acre Neighborhood Park (P-1). The remaining requirement shall be satisfied in a future Community Park through the payment of fees, dedication of land, or a combination thereof in a manner acceptable to the Director of Parks and Recreation. 40. Condi tion No. 116 (PAD Fees). In satisfaction of Condition No. 116 of the Resolution, Developer agrees to pay all applicable Parkland Acquisition and Development fees in affect at time of Council approval to the City in accordance with C.V.M.C Chapter 17.10 prior to approval of each final "B" Map. 16 ID -3c;, Village 11, R-13/14 OR-628F SSAl October 2005 41. Condition No. 118 - (Park Site). In satisfaction of Condition No. 118 of the Resolution, Developer agrees to have commenced construction of Project's Park (P-l), to the satisfaction of the Director of Parks and Recreation. Applicant shall complete construction of the park within nine (9) months of commencement of construction. The term "complete construction" shall mean park construction has been completed according to the City approved construction plans and accepted by the Director of Parks and Recreation. Furthermore "compete construction" shall mean prior to and shall not include the City's established maintenance period required prior to acceptance by the City for Public use. At any time the Director of Parks and Recreation may, at his sole discretion, modify the neighborhood development phasing and construction sequence for the proj ect' s park should conditions change to warrant such revision. 42. Condition No. 121 (Parks). In satisfaction of Condition No. 121 of the Resolution, Developer agrees that at no time shall there be a deficit in "constructed neighborhood park". Developer further agrees that the City may withhold the issuance of building permits for the Project, should said deficit occur. For purposes of this paragraph the term "constructed neighborhood park" shall mean the construction of the park has been completed and accepted by the City as being in compliance with the Park Master Plan, but prior to the City's required mandatory maintenance period. This is not intended to supersede any of the City's maintenance guarantee requirements. 43. Condition No. 122 (Parks). In satisfaction of Condition No. 122 of the Resolution, Developer agrees that all local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Planning and Building Department specifications and policies. 44. Condition No. 124 - (Town Square P-4). In satisfaction of Condition No. 124 of the Resolution, Developer agrees that prior to issuance of the building permit for the 832nd dwelling uni t issued wi thin Phase Two of the proj ect, Developer shall complete construction of the Town Square (P-4) within Phase Two, to the satisfaction of the Director of Parks and Recreation. 45. Condition No. 125 (Brush Management Plan). In satisfaction of Condition No. 125 of the Resolution, Developer, prior to issuance of the first construction permit, shall prepare, submit and have received approval from the Director of Parks and Recreation of a comprehensive "Project Landscape Master Plan". Such approval shall be indicated by means of the Director 17 /D-37 Village 11, R-13/l4 OR-628F SSAI October 2005 of Parks and Recreation's and the Fire Marshal's signatures and date on said Plan. The contents of the Landscape Master Plan shall be revised to include a Brush Management Plan, identifying three zones and treatment. 46. Condition No. 127 (Landscape and Irrigation Slope Erosion Control Plan). In satisfaction of Condition No. 127 of the Resolution, Developer shall prepare, submit and obtain the approval of the Director of Parks & Recreation and the City Engineer for a landscape and irrigation slope erosion control plan as listed in Exhibit "B". All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and Grading Ordinance, as may be amended from time to time. Applicant shall install erosion control in accordance with approved plans within six months from the commencement of grading. 47. Condition No. 129 (Pedestrian Paseos). In satisfaction of Condition No. 129 of the Resolution, Developer shall provide easements for the pedestrian paseos identified on the Tentative Map, each approximately 60 feet in width, the exact width to be determined by the Director of Planning and Building. Upon the request of the Director of Public Works, paseos shall contain improved all-weather paved 12-foot wide minimum access to withstand an H-20 wheel load as approved by the Director of Public Works. Each paseo within said easements shall be maintained by the Master Homeowner's Association. Developer shall grant to the satisfaction of the Directors of Planning and Building and Public Works, pedestrian access easements, and General Utility Easements. Developer shall secure and construct said paseos upon the request of and at the direction of the Directors of Parks and Recreation and Public Works. 48. Condition No. 134 - (Regional Trails). In satisfaction of Condition No. 134 of the Resolution, Developer agrees to: a. Construct a "Regional Trail", concurrent with the construction of Hunte Parkway, on the north side of Hunte Parkway (within the Village Greenway) from the future Pedestrian Bridge No. 1 at Eastlake Parkway to the Paseo connection and future Pedestrian Bridge No. 2 between Neighborhoods R-17 and R-16 as depicted on the Parks, Trails and Open Space Plan in the Village Eleven SPA Plan, and shall be designed to incorporate the "proj ect Landscape Master Plan" as approved by the City and as amended from time to time. The Regional Trail shall meander away from the curb as much as possible. b. Construct a "Regional Trail", construction of Hunte Parkway, on the concurrent with the south/ east side of 18 /D-3Z Village 11, R-13/14 OR-628F SSAI October 2005 Hunte Parkway (within the Chula Vista Greenbelt) from the future Pedestrian Bridge No. 2 between Neighborhoods R-17 and R-16 as depicted on the Parks, Trails and Open Space Plan in the Village Eleven SPA Plan north to the intersection of Hunte Parkway and Olympic Parkway, and shall be designed to incorporate the "proj ect Landscape Master PlanH as approved by the City and as amended from time to time. The Regional Trail shall meander away from the curb as much as possible. 49. Condition No. 135 - (Retaining Walls). In satisfaction of Condition No. 135 of the Resolution, Developer agrees to keep any necessary retaining walls to a minimum and/or if a grading solution can be found, retaining walls will not be used to gain additional space for the street corridor. The retaining walls are to be located and detailed on the Grading Plans for Hunte Parkway, and subject to the approval of the Directors of Planning and Building and Public Works. Slopes gradients may be increased to the maximum permitted in the grading ordinance in limited locations to accommodate constraints such as maintenance access ways. Landform grading policies shall be observed and followed. If a combination of low retaining walls and modified landform grading cannot accommodate any constraints or maintenance access areas, the top of slope shall be adj usted, as City deems as necessary. 50. Condition No. 137 (Regional Trail Siqnage). In satisfaction of Condition No. 137 of the Resolution, Developer agrees that prior to the approval of each final "BH Map, containing a trail, for the Proj ect, Developer shall obtain the approval of the Director of Parks and Recreation for appropriate signage indicating location of trail connections, handicap access, and bikeway locations to the Regional Trail, Village Greenway, and Chula Vista Greenbelt. Said signage shall be included on the Landscape and Irrigation Improvement Plan. Signage shall be installed upon the request of the Director of Parks and Recreation and Director of Planning and Building. 51. Condition No. 139 (Accessibility Guidelines). In satisfaction of Condition No. 139 of the Resolution, Developer agrees to comply with the current Regulatory Negotiation Commi ttee Recommendations for Accessibility GuidE:lines: Outdoor Developed Areas Final Report, as may be amended from time to time, developed for: U.S. Architectural and Transportation Barriers Compliance Board when designing all trails and trail connections. 19 /D ~37 Village 11, R-13/14 OR-628F SSAI October 2005 52. Condi tion No. 141 (Landscape Plans). In partial satisfaction of Condition No. 141 of the Resolution and prior to the approval of the first final "B" map, Developer agrees to: a. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of those landscaping improvements that are not to be included in the proposed financial mechanism. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building requires such annexation of future tentati v.e map areas. The MHOA formation documents shall be subject to the approval of the City Attorney; and, b. Submit for City's approval the CC&R's, grant of easements and maintenance standards and responsibility of the MHOA's for the Open Space Areas within the Project area. Developer shall acknowledge that the MHOA's maintenance of public open space, trails, etc. may expose the City to liability. Developer agrees to establish a MHOA that will hold the City harmless from any actions of the MHOA in the maintenance of such areas; and, c. Submi t and obtain approval of the City Engineer and the Director of Planning and Building of a list of all Otay Ranch Village Eleven SPA and MHOA facilities and other i terns to be maintained by the proposed' district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Master Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: i. All facilities located on open space lots such as walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken 20 /D-'10 Village 11, R-13/14 OR-628F SSAI October 2005 down by the number of acres of: 1) turf, 2) irrigated, and 3) non-irrigated open space to aid in the estimation of a maintenance budget thereof. ii. Medians and parkways along Olympic Parkway, Eastlake Parkway and Hunte Parkway, Birch Road, (onsite and offsite) and all other street parkways proposed for maintenance by the applicable Community Facilities District or Homeowners' Association. iii. The proportional share of the proposed detention basin (temporary or permanent) located in the Salt Creek Sewer Basin. This includes the cost of maintenance and all cost to comply with the Department of Fish and Game and the Corps of Engineers permit requirements. i v. The proportional share of the maintenance of the median and parkways along that portion of Olympic Parkway adjoining the development as determined by the Ci ty Engineer. v. All water quality basins serving the Project. 53. Condi tion No. 145 (Homeowner Notification of MHOA Responsibilities). In satisfaction of Condition No. 145 of the Resolution, Developer agrees that future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow. 54. Condition No. 146 (HOA Responsibilities). In satisfaction of Condition No. 146 of the Resolution, Developer agrees that an HOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind any gated entrances. The facilities to be maintained include, but are not limited to: pavements, sidewalks, street tree-s, street lights including power supply, street sweeping, pri vate drainage facilities and landscaping of private common areas. 55. Condi tion No. 148 (Open Space Lot Walls). In satisfaction of Condition No. 148 of the Resolution; Developer agrees to ensure that all buyers of lots adjoining open space lots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City property and that they shall not modify or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CC&R's for all lots. 21 (0 -'-II Village 11, R-13/14 OR-628F SSAI October 2005 56. Condition No. 150 (Maintenance District). In satisfaction of Condition No. 150 of the Resolution, Developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within or adjacent to the Project. 57. Condition No. 164 - (Off site Right of Way). In partial satisfaction of Condition No. 164, the Developer agrees to notify the City at least 60 days prior to consideration of a map by City if any off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the Developer shall: a. Pay the full cost of acquiring off-site right-of- way and/or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way and/or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the final map. The Developers shall pay all costs, both direct and indirect incurred in said acquisition. 58. Condition No. 172 - satisfaction of Condition No. agrees: (Withhol.d Permits per PFFP). In 172 of the Resolution, Developer a. That the City may withhold building permits for the subject subdivision if anyone of the following occur: i. Regional development threshold limits set by the Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended from time to time. ii. Traffic volumes, utilities and/or services Ci ty threshold standards levels either or fail of service, public exceed the adopted to comply with the 22 10 -L/2 Village 11, R-13/14 OR-628F SSAI October 2005 then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. The Developer agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch Village Eleven SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot wi thin the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies franchised by the City of Chula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. d. That the City may withhold the issuance of building permi ts for the Proj ect, should the Developer be determined by the City to be in breach of any of the terms of the 23 / {J -'13 Village 11, R-13/14 OR-628F SSAI October 2005 Tentative Map Conditions or any Supplemental Agreement. City shall provide the Developer of notice of determination and allow the Developer reasonable time to said breach The such cure e. To hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this Project. 59. Condition No. 173 - (Future Regional Agreements). In satisfaction of Condition No. 173 of the Resolution, Developer shall enter into a supplemental agreement with the City prior to approval of the first final "B" Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 60. Condition No. satisfaction of Condition agrees to comply with all the property. 174 No. 174 previous (Previous Agreements). In of the Resolution, Developer agreements as they pertain to 61. Condition No. 175 (Street Sweeping). In partial satisfaction of Condition No. 175 of the Resolution, Developer agrees to cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after the completion of all punch list items, whichever is shorter. The Developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. 62. Condi tion No. 176 (Regional Impact Fees). In satisfaction of Condition No. 176 of the Resolution, Developer agrees to not protest the formation of any future regional benefit assessment district formed to finance regional facilities. 63. Condition No. 179 - (No Protest LRT or BRT Assessment Formation). In satisfaction of Condition No. 179 of the Resolution, Developer agrees to not protest the formation of any potential future regional benefit assessment district formed to finance the Light Rail (or Bus) Transit (LRT/BRT). 24 ID-LjLf- Village 11, R-13/14 OR-628F SSAl October 2005 64. Condition No. 181 (Schools). In satisfaction of Condition No.181 of the Resolution, Developer shall deliver to the Sweetwater Union High School District a 25-net usable acre graded junior (middle) high school site including utilities provided to the site and an all weather access road acceptable to the District prior to January 1, 2005. The all weather access road shall also be acceptable to the Fire Department. This schedule is subj ect to modification by the School District as based on District facility needs. 65. Condition No. 183 (PFFP) . In satisfaction of Condition No. 183 of the Resolution, Developer agrees to install all public facilities in accordance with the Village Eleven Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold standards adopted by the City. Developer acknowledges and agrees that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The Developer further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as may be amended from time to time by the City. Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.100) . 66. Condition No. 184 (Interim facilities) . In satisfaction of Condition No. 184 of the Resolution, Developer agrees that the maintenance and demolition of all interim facilities (public facilities, utilities and improvements) is the Developer's responsibility, and that construction and demolition bonds will be required to the satisfaction of the City Engineer. 67. Condition No. 189 - (Annual review). In satisfaction of Condition No. 189 of the Resolution, Developer agrees that pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended from time to time, the Developer shall complete the following: (1) Fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), Projected 25 /0 -'/5" Village 11, R-13/l4 OR-628F SSAI October 2005 construction dates, corresponding adopted threshold standards, and for necessary facilities. public facility needs per the identifying financing options 68. Condition No. 192 (Transit Stop Facilities). In satisfaction of Condition No. 192 of the Resolution, Developer shall construct and secure, or agree to construct and secure, the construction of transit stop facilities as set forth in the PFFP. The schedule for constructing the transit stops shall be approved or determined by the City Engineer prior to approval of the aforementioned final map. Applicant shall design, subject to the approval of the City Engineer said transit stops in conjunction wi th the improvement plans for the related street. The City Engineer may require that Applicant provide security guaranteeing the construction of said transit stops in a form of cash or any other form approved by the City Engineer at his/her sole discretion. Since transit service availability may not coincide with project development, the Applicant shall install said improvements when directed by the City. 69. Condition No. 193 - (Phasing Plan). In satisfaction of Condition No. 193 of the Resolution, Developer agrees that any proposals to modify the Village Eleven SPA approved phasing plan, shall be submitted to the City for review and approval prior to approval of the first final "B" Map. The Developer further acknowledges and agrees that the PFFP shall be revised where necessary to reflect the revised phasing plan. 70. Condition No. 195 - (Phasing Plan). In satisfaction of Condition No. 195 of the Resolution, Developer agrees that if phasing is proposed within an individual map or through multiple final maps, the Developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any final map. Developer further acknowledges and agrees that improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. Developer acknowledges that the City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments, and that the City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. The Developer further agrees that the City Engineer may change the timing of construction of the public facilities. 71. Condition No. 196 - (Phasing Plan). In satisfaction of Condition No. 196 of the Resolution, Developer agrees that the 26 J';" ./.! :," ft ;....' -./ ,>~ / ~~. iI~"- Village 11, R-13/14 OR-628F SSAI October 2005 Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. Developer acknowledges that the PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the proj ect area; that throughout the build-out of Village Eleven SPA, actual development may differ from the assumptions contained in the PFFP; and that neither the PFFP nor any other Village Eleven SPA Plan document grant the Developer an entitlement to develop as assumed in the PFFP, or limit the Village Eleven SPA's facility improvement requirements to those identified in the PFFP. Developer acknowledges that compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern Village Eleven SPA development patterns and the facility improvement requirements to serve such development. In addition, Developer acknowledges and agrees that the sequence in which improvements are constructed shall correspond to any future Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City and that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. 72. Condition No. 198 (Code Requirements). In satisfaction of Condition No. 198 of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Developer acknowledges and agrees that preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Developer further agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements. 73. Condition No. 199 satisfaction of Condition No. 199 agrees to pay the following fees in and Council Policy: (Code Requirements) . In of the Resolution, Developer accordance with the City Code a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Salt Creek Sewer Basin DIF. e. The Pedestrian Bridge DIF. 27 10 -'17 Village 11, R-13/14 OR-628F SSAI October 2005 f. The FIND Model reserve Fund Fee. Developer agrees to pay the amount of said fees in effect at the time of issuance of building permits 74. Condition No. 200 (Code Requirements). In partial satisfaction of Condition No. 200 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer agrees to be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 75. Condition No. 202 (Code Requirements). In partial satisfaction of Condition No. 202 of the Resolution, Developer agrees to comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 76. Condition No. 203 (Code Requirements). In partial satisfaction of Condition No. 203 of the Resolution, Developer agrees that all proposed development should be consistent with the Otay Ranch Village Eleven SPA Planned Community District Regulations. 77. Condition No. 204 (Code Requirements). In partial satisfaction of Condition No. 204 of the Resolution, Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures. 78. Condi tion No. 205 (Code Requirements). In partial satisfaction of Condition No. 205 of the Resolution, Developer acknowledges that the City amending its Growth Management Ordinance to add Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Developer acknowledges and agrees that said provisions will require the demonstration, to the satisfaction of the City . Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the Developer hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 79. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos. 1-5, 7, 28 )D -tf,f Village 11, R-13/14 OR-628F SSAI October 2005 11-17, 25-26, 28, 30-32, 35, 36, 40, 43, 45, 46, 48-51, 56-57, 60, 63, 69, 78, 96, 99-100, 114, 116, 118, 121-122, 124-125, 127, 129,134,135,137,139,141,145,146,148,150,164,172-177, 179, 181, 183, 184, 189, 192-193, 195-196, 198-200, 202-205 of Resolution 2001-364. Developer further understands and agrees that the some of the provisions herein may be required to be performed or accomplished prior to the approval of subsequent final maps for the Project, as may be appropriate. 80. Unfu1fi11ed Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by Resolution No. 2001-364 and shall remain in compliance with and implement the terms, conditions and provisions therein. 81. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 82. Bui1ding Permi ts. Developer and Guest Builders understand and agree that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 83. Misce11aneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Engineering DEVELOPER: 29 /1)-,/9 Village 11, R-13/14 OR-628F SSAI October 2005 Brookfield Shea Otay LLC 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014 Attn: Adam pevney, Assistant Project Manager Tel: (858) 481-8500 A party may change such address for the purpose paragraph by giving written notice of such change other party in the manner provided in this paragraph. of this to the b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subj ect matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Attachments. and exhibits attached hereto into this Agreement. Any recitals set forth above are incorporated by reference f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 30 /0-4.51) Village 11, R-13/14 OR-628F SSAI October 2005 [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] (C:\Documents and Settings\TheresaG\Local Settings\Temporary Internet Files\OLK6DB\SSIA R-13-14 Draf~.].oc) 10- 5/ Village 11, R-13/14 OR-628F SSAI October 2005 [PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA VISTA TRACT NO. 01-11 NEIGHBORHOODS R-15 AND R-16] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Mayor Attest: Susan Bigelow City Clerk Approved as to form: Ann Moore City Attorney [NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES] /D -52 Village 11, R-13/14 OR-628F SSAr October 2005 [PAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA VISTA TRACT NO. 01-11 NEIGHBORHOODS R-13 AND R-14] DEVELOPERS/OWNERS: BROOKFIELD SHEA OTAY LLC, a California Limited Liability Company By: Brookfield Otay LLC, a Delawa " Liability ompany, By: I Ikt. By;. Name: By: Shea Otay Village 11, a California Limited Liability Company, member By: Shea Homes Limited Partnership, Par nership its Sole Member C - -=:----:-,. By : a California Limited By: ~ll..~ Name: A'-"->d"'~"'"lt- '-. P~;..hi",-<,..Na ~"f-1-(c,"-,2--CC> "~Jo../, (Attach Notary Acknowledgment) /0-6'3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of San Diego On October 27, 2005, before me, Nicole Sutherland, Notary Public, personally appeared Sandra E. Moore and E. Dale Gleed, ~ - - - - - N~07e~~R~; - I ~ ConvnlsslOn (I 1555413 i' Notary Public . callfomla ~ ~ Ian DIego County cl .... __ __ ~~:.~.~2~2 personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. l <ffi.<z- ~.\^OA lw Place Notary Seal Above Signature of Notary Public /D-6'-I State of California ) ) S.S. County of San Diego ) On October 27,2005 before me, Theresa Gayle Grove, Notary Public, personally appeared Alexander Plishner and Jim Kilgore personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. -h ! f/U <) r; . ff-l/ pre 'J ~ ~:~ l(lTHERESA GAYlE GROVE ~ 00.. Comm.11535113 rn MOlAR! MlIC . CAllfOiMA 1 ~n~c~- MrC_. "Mil. 20091 If" .~.!tK C; ,'-"' /'d' Village 11, R-13/14 OR-628F SSAI October 2005 EXHIBIT "A" PROPERTY DESCRIPTION Lots 1 through 108 together with Lots A through M of Chula Vista Tract No. 01-11, Otay Ranch Village 11 Neighborhoods R-13 and R-14, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. , Field in the Office of the County Recorder of San Diego County on 2005 as File No. of Official Records. /lJ-:C5 (, Village 11, R-13/l4 OR-628F SSAI October 2005 EXHIBIT "B" LIST OF SECURITIES CV WO No Description Bond $ Bonding Company Bond IDrawinl! #) Name number 1 05-080 Landscape and Irrigation Plans $491,064.08 2 /()-07 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT 01-11, OTA Y RANCH VILLAGE 1 1 ,NEIGHBORHOODS R-13 AND R-14 WHEREAS, the Grant of Easements and Maintenance Agreement for Chula Vista Tract 01-11, Otay Ranch Village 11, Neighborhoods R-13 and R-14, sets forth the developers' obligation through the community association to maintain landscaping in the public right of way; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve the Grant of Easements and Maintenance Agreement for Chula Vista Tract DI- ll, Otay Ranch Village 11, Neighborhoods R-13 and R-14, 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 to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Sohaib Al-Agha City Engineer I. . h"r 4 oore . Attorney /D -57 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dated: II/Jths I / GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT ON CVT 01-11, OTA Y RANCH VILLAGE 11, R-13 AND R-14 / () -51 l3XHlBIT -.C...- RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency for less than a fee interest for which no cash consideration has been paid or received. (ABOVE SF ACE FOR RECORDER'S USE) GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOODS R-13 AND R-14, Map No. SAPPHIRE AT WINDINGWALK (DEDICATED EASEMENTS) This GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT ("Agreement") is made as of this _ day of ,200_, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and BROOKFIELD SHEA OT A Y!LC, a California limited liability company ("BSO LLC"). REeIT ALS A. This Agreement concerns and affects certain improvements within portions of the real property located in Chula Vista, California, more particularly described in Exhibit" A" attached hereto and incorporated herein ("Property"). The Property is part of a planned residential development proj ect commonly known as Windingwalk Planned Development (and also referred to as "Otay Ranch Village 11"), Chula Vista Tract No. 01-11, being the subject of the City Council Resolution No. 2001-364 (the "City Resolution"). For purposes ofthis Agreement, the term "Project" shall refer to the overall Windingwalk Planned Development project, including, but not lirnited to the "Property." B. BSO LLC is the Declarant under that certain Master Declaration of Restrictions For Windingwalk filed or to be filed for record in the Official Records of San Diego County, California (the "Master Declaration"). SHEA HOMES LIMITED PARTNERSHIP, a California limited 10/4/05 -I- /O--toO 075022-0001 292275.1 partnership, ("Guest Builder") which has signed a Consent to this Agreement, is the owner of the Property. The Master Declaration provides for WINDINGW ALK MASTER ASSOCIATION, a California Nonprofit Mutual Benefit Corporation ("MHOA") to maintain certain areas in the Project. Furthermore, one or more sub-associations may be formed ("SHOA") for a particularproject(s) within Windingwalk Planned Development, the purposes of which would include the maintenance of certain amenities within the project over which the SHOA has jurisdiction. C. The Property is or will become covered by that the certain final map(s) (the "Final Maps") described on Exhibit "A" attached hereto and referenced in the title to this Agreement. D. fu order forBSO LLC or Guest Builder to obtain the Final Maps and for the City to have assurance that the maintenance of certain areas within the Project would be provided for, the City andBSO LLC or Guest Builder entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which BSO LLC agreed that maintenance of such areas shall be accomplished by the creation of ahome owners association. The Parcels shown on Exhibit "B" attach~d hereto describe those particular areas which were dedicated to the public on one or more of the Final Maps but which include landscaping improvements to be maintained by the MHOA. The public areas to be maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas." E. The City desires to grant to BSO LLC easements for landscape maintenance purposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in order to facilitate the obligations of BSO LLC as set forth in Supplemental Subdivision Improvement Agreements, adopted pursuant to the City Resolution. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as set forth below. 1. Grant of Easements. The City hereby grants to BSO LLC and its agents, successors and assigns, non-exclusive easements and rights-of-way over and across the MHOA Maintained Public Areas for the purpose of maintaining, reJ?airing and replacing landscaping improvements located thereon. These grants are made without anywarranties of any kind, express or implied, other than the warranty stated in Paragraph 14(1) below. 2. Maintenance Oblil!ations (a) BSO LLC to Initially Maintain. BSO LLC hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, those improvements within the MHOA Maintained Public Areas which are described on Exhibit "C" attached hereto, at a level equal to or better than the level of maintenance which is acceptable to the Director of Public Works Operations, at hislher discretion and equivalent to City or Community Facilities District maintained right-of-way facilities. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair, the provision of water and replacement obligations described herein and on Exhibit "C" hereto and shall also include repair and replacement at no cost to the City of any City owned property that is damaged during performance of the maintenance 10/4105 -2- /t) - t..--:>/ 075022-0001 292275.1 responsibilities pursuant to this Agreement. Exhibit "e" also refers to the maintenance responsibilities of the City. (b) Transfer to MHOA. Upon BSO LLC's transfer of maintenance obligations to the MHOA, (i) the MHOA shall become obligated to perform the obligations so transferred, and (n) subj ect to the City determining that the requirements of Paragraph 3 below have been satisfied, BSO LLC shall be released from such obligation. Transfer of maintenance obligations to the MHOA may be phased (that is, there may be multiple transfers). BSO LLC represents to City that it intends to, and has the authority to, unilaterally transfer said maintenance obligations either (i) to the MHOA and that such transfer has been provided for in the Master Declaration, and that such document(s) include the provisions described in Paragraph 3( a)(ii) below, or alternatively (ii) to a new homeowners association (the ''New Association") established for maintenance of the open space and thoroughfaremediart areas in the Property, and that such transfer shall be provided for in the declaration of restrictions (the "New Declaration") for the New Association, and that such document(s) shall include the provisions described in Paragraph 3 (a)(ii) below. References below in this Agreement to the "Association" shall include the New Association and "Declaration" shall include the New Declaration ifBSO LLC elects to form a new homeowners association for the Property. (c) Transfer By MHOA. The MHOA shall have the right to transfer Maintenance obligations to a sub-association ("SHOA") or to the owner of an apartment project ("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i) the Transferee shall become obligated to perform the obligations so transferred, (ii) the MHOA shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii) the MHOA shall be released from the obligations so transferred subjectto the City determining that the requirements of Paragraph 4 below have been satisfied. Although it is possible that Maintenance obligations might be transferred to an apartment owner, BSO LLC does not believe it is likely that Maintenance obligations will be transferred to an apartment owner. 3. Assignment bv BSO LLC and Release of BSO LLC (a) Assignment. UponBSO LLC's transfer of the Maintenance obligations to the MHOA, it is intended by the parties that the MHOA shall perform the Maintenance obligations either itself or by contractors. Such transfer will release BSO LLC from its obligations only if all of the following occur: (i) MHOA Accepts Obligation. The MHOA has unconditionally accepted and assumed all ofBSO LLC's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations ofBSO LLC under this Agreement. The assignment shaH also have been approved by the appropriate governing body of the MHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonablywithhold its consent to such assignment. 1014/05 -3- / D-(/2- 075022-0001 292275.1 (ii) MHOA's Master Declaration. The City has confirmed that there have beenno modifications to the recorded Master Declaration previously approved by City; to any of the following provisions: the MHOA shall berespousible for the maintenance of the MHOA Maintained Public Areas, the MHOA shall indemnify City for all claims, demands, causes of action, liability or loss related to or arising from the maintenance activities, and the MHOA shall not seek to be released by City from the maintenance obligations of this Agreement, without the prior consent of City and one hundred percent (100%) of the holders of first mortgages or owners of the Property. (iii) MHOA Insurance. The MHOA procures and formally resolves to maintain at its sole cost and expense, co=encing no later than the City's release of all ofBSO LLC's landscape maintenance bonds, a policy of public liability insurance which at least meets the requirements of Section 5.1 (a) of the Master Declaration which reads as follows: (a) General Liability Insurance. The Master Association shall obtain a comprehensive general liability and property damage insurance policy insuring the Master Association and the Owners against liability incident to ownership oruse of the Master Association Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best of "A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a co=ercially reasonable basis: (i) The City of ChuIa Vistll shall be named as an additionally insured party to such insurance pursuant to the City's requirements the Master Association do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds; (iii) The policy shall contain the following severability The MEOA shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. (b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, BSO LLC shall be released from its obligations under this Agreement, including its security and insurance requirements. BSO LLC acknowledges that it has a contractual obligation to perform the terms and conditions of this Agreement until and unless released by the City from this Agreement. At least sixty (60) days prior to such transfer, BSO LLC shall give a notice to the City ofBSO LLC's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3(a). 4. Assilmment by MHOA and Release of MHOA. (a) Assignment. Upon l'v1HOA's transfer of the Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall perform the Maintenance obligations either itself or by contractors. Such transfer will release the MHOA from its obligations only if all of the following occur: (i) Transferee Accents Obligation. The Transferee has unconditionally accepted and assumed all of the l'v1HOA's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of the MHO A under this Agreement. lfthe Transferee is an SHOA, the assignment shall also have been approved by the appropriate governing body of the SHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) SHOA's Declaration ofRestrictions. If the Transferee is anSHOA, the City has reviewed and approved the SHOA's recorded Declaration of Restrictions to confirm that said document contains appropriate maintenance and insurance provisions. (iii) SHOA Insurance. The Transferee procures and formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance which meets the requirements set forth in Paragraph 3 (a) (ill) above. The SHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in Paragraph 4( a) are fulfilled, the MHOA shall be released from its obligations under this Agreement, including its security and insurance requirements. At least sixty (60) days prior to such transfer, MHOA shall give notice to the City ofMHOA's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 4(a). 5. BSO LLC's Insurance. Until such time as the MHOAhas obtained the general liability insurance required by Section 5.1 (a) of the Master Declaration, BSO LLC agrees to procure and 10/4/05 -s- ID - /,d ,.." 7 075022-0001292275.1 formally resolves to maintain at its sole cost and expense, co=encing no later than the date that the landscape architect of record has submitted a letter of substantial conformance pertaining to work being completed to the General Services Department and the General Services Department Director or his designee has deemed the work complete and satisfactory, a policy of public liability insurance that would include, but is not limited to the following: General Liability Insurance. BSO LLC shall obtain a comprehensive general liability and property damage insurance policy insuring BSO LLC against liability incident to ownership or use of the Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best "A, Class V" or better with modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a co=ercially reasonable basis: (i) The City ofChula Vista shall be named as an additionaliyinsured party to such insurance pursuant to the City's requirements BSO LLC do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds and; (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability." BSO LLC shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. 6. Indemnity. BSO LLC shall defend, indenmify and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein" claims or liabilities "), that may be asserted or claimed by any person, firm, or entity because of or arising out of or in connection with the use, maintenance, or repair of the MEOA Maintained Public Areas. BSO LLC shall not have any liability under this section by reason of the Transferee's failure to maintain. .. 7. Indemnitv If Transferee. The document whereby BSO LLC transfers aMaintenance obligation to a Transferee shall be signed by both BSO LLC and the Transferee and shall set forth an express assumption ofMaintenance and other obligations hereunder and shall include the following indemnification provision: Indemnity. The Transferee shall defend, indemnify, and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities "),which result from the Transferee's failure to comply with the requirements of the obligations 10/4105 -6- /0-65 075022-0001292275.1 transferred hereby to Transferee. Transferee shall not have any liability lUlder this Indemnity by reason of another party's failure to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This Indemnity may not be amended without the Written consent of the City Director ofPlanning and Building or City Attorney. 8. Agreement Binding Upon Any Successive Parties. This Agreement shall be binding upon BSO LLC and any successive Declarant under the Master Declaration. This Agreement shall be bindinguponMHOA and any Transferees upon transfer of maintenance obligations to theMHOA or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and . interests of the parties as to any or all of the Property. 9. Agreement Runs With the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 10. Governin~ Law. This Agreement shall be governed and construed in accordance with the laws of the State ofCalifomia. I I. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office. 12. Counter~arts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 13. Recordinl!:. The parties shall cause this Agreementto be recorded in the Official Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved by the City Council. 14. Miscellaneous Provisions. (a) Notices. Unless otherwise provided in this Agreement or bylaw, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated 10/4/05 -7- )."\ / / / (.:~-"~:~b 075022..()OOl 292275.1 in this Agreement. A party may change such address for the pmpose of this Paragraph by giving written notice of such change to the other party. . If To City: CITY OF CHULA VISTA Department of Public W orksJEngineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer If To BSO LLC: BROOKFIELD SHEA OTA Y LLC c/o Brookfield Otay LLC 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014 Attn: Mr. Adam Pevney With a Copy To: Shea Homes Limited Partnership 9990 Mesa Rim Road San Diego, CA 92121 Attn: Mr. Alex Plishner (b) Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. (c) Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, understandings and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. (d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. (e) Compliance With Laws. In the performance of its obligations under this Agreement, BSO LLC, its agents and employees, shall comply with any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. (f) Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from 10/4105 -8- ID-07 075022-0001292275.1 its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. (g) Modification. This Agreement may not be modified, terminated orrescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego County Recorder's Office. (h) Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to person or circumstance, shall not be affected thereby and each term, covenant or condition shall be valid and be enforced to the fullest extent permitted by law. (i) Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. CITY OF CHULA VISTA, a municipal corporation By: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk APPROVED AS TO FORM: By: Ann Moore, City Attorney /0 -& 2 Q BROOKFIELD SHEA OT A Y LLC, a California limited liability company By: Brookfield Otay LLC, a Delaware limited liability company, member B Its , By Its By: Shea OtayVillage II, LLC, a California limited liability company, member By: Shea Homes Limited Partnership, a California limited partnership its Sole Member .~~ Its: Authorized Agent - CONSENT OF GUEST BUILDER: The undersigned, being the owner or soon to be the owner of the Property, hereby consents to this Agreement and to the recording of this Agreement. SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By Its: Authorized Agen /0- 0 C; 'A STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DlEGO ) On (J(:tr-,hu ID ,200.-2.,befareme, Nic.ole ~ufheY-la...V)ri Natary Public in and far said State, persanally appeared J2c.,nn.td. p. <SYlJ nr;u.) OYlO E. 1)/1 l1l. c:;,11'~d , persanally knawn to. me (or JlrgyeEl te me ell. ilia bo~j~ of voti.fort'ny e.'qdea~a) to. be the persan(s) whase name(s)i!lIare subscribed to. the within instrument and acknawledged to. me that aetshe/they executed the same in ms/her/their autharized capacity(ies), and that by hi3i'her/their signature(s) an the instrument, the persan(s), ar the entity upan behalf afwhich the persan(s) acted, executed the instrument. WITNESS my hand and afficial seal. J~. :'-=--=,-' I ~ NllIaIy PIdc . CaIIoona f - - - !'~~:~~ (Seal) Signature k l6lt.. SiLd hu: lLl~ STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On Dc !ofR4- J I , 200 S-, befare me, --rh N f'~L. eM .<1 ).,. _, Natary Public in and far said State, persanally appeared k (. {, , '{o''7/C1 /J tI G (Vr.....>f 01 , persanally knawn to. me (or F~n"Qq-(."'"""~R"fu<r l:,Q.,;u o~lisfilllte-')' ~,i11~e) to. be the persa~ whase nam~are subscribed to. the within instrument and acknawledged to. me that..ho/sbc/they executed the same in MP~eI/their authorized capadty@J and that by 0" q" cltheir signatur~on the instrument, the persa~, or the entity upon behalf of which the perso~acted, executed the instrument. WITNESS my hand and official seal. Signature Mt-L.C'-J0... ,( t ,,( /'~Ui' . ~ () v /d r-<- ~ ~IHERESA GAYlE GROYE,{ 00- CaRlm.# \515111 Ul NOtlR'fllllllC.CAIIIOIM.I 1 lanllleooCounIy ~ l!IC_.~Juno5,20091' (Seal) /{)-70 " STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On ,200--, before me, Notary Public in and for said State, 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 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 (Seal) 10- 71 ,~ EXHIBIT "A" LEGAL DESCRIPTION LOTS 3, 4, AND 5 TOGETHER WITH PORTIONS OF EXPLORATION FALLS DRIVE AND CROSSROADS STREET OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 "A" MAP NO.3, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON ,2005. ~~d: 4~ /rr~5" DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 M:IO0611431ILegal DescriplienlA02 BOUNDARY R-13 & R-14 .dee WO 61-431 I D - 7 2-- p-I;/;1- II SHEET 1 OF3 EXHIBIT "B" CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOODS R-13 AND R-14 ~ AREA TO BE MAINTAINED BY ASSOCIA nON ~ ~ 100 200 300 r- I I SCALE 1"=100' HUNSAKER & ASSOCIATES SAM DIECo" IMe. I'lANNlNC 1O'17'JJ-\uemebnsStMt lNClNEElUNO SonO....C.921Z1 !D 73 SUIlVFfINC PH(BS8)55B-4SOO. fX(as&)5S8014l4 - R:\0638\~ap\HOA MAINT EX SHT 01.DWG[ 1275]Oct-D3-2005: 15: 15 ~ r>; ~ ~ ~ f\) _ EXHIBIT "B" CHULA VISTA TRACT NO. 01-11 OTAY RANCH VIlLAGE 11 NEIGHBORHOODS R-13 AND R-14 SHEIT20FJ ~ AREA TO BE MAiNTAINED BY ASSOCIATION SEE SHEET NO. 3 105 54 85 I"i ~ m ::::: !:S 72 ~ ~ .... o 100 200 300 ~ I I SCALE 1"=100' .. HUNSAKER 1m ~!':~?~~TES PlANNlNC 10'179 Huemekl!n! Street ENON""'NC ""......C.9Z121 ! 1\ -7L1 SURVEYlNCi PH(HSlI)5S&.4500. FX(8S8)SS6-14'14 U - 7 R:\0638\&Map\HOA MAINT EX SHT 02.DWG[ 1275]Oct-D3-2005: 15:27 EXHIBIT "B" CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOODS R-13 AND R-14 ~ AREA TO BE MAINTAINED BY ~ ASSOCIATION SHErr J OF J PARCEL ':45" 29 ~ <" ~ ~ -1q -? ~ ~ o 100 200 ~ I SCALE 1"= 100' 300 ! ... HUNSAKER 1m ~!-:~?~~TES I'lANNlNC 10179 Huennekens 5lJeet ENCNEBtINC San Diezo, Ca 9Z121 SUR.VEYlNC PH(BSB)5SB-4500. FX(BSII)Ss&.1414 R: \0638\I<Mop\HOA MAINT EX SHT D3.DWG[ /D- 75 1275]Oct-D3-2DD5: 15: 28 EXHIBIT "C" Maintenance Responsibilities City of Chula Vista Area HOA Maintenance Maintenance Parkways within those Landscaping in the parkways Maintenance of curb, gutter, portions of those public road including irrigation, trimming sidewalks and pavement. shown on Exhibit "B" and pruning of trees, and maintenance and irrigation of turf areas, and maintenance of any project signage or similar proj ect monumentation. 10- 7b 10/4/0S 075022-0001292275.1 COUNCIL AGENDA STATEMENT Item 1/ Meeting Date: 12/06/2005 ITEM TITLE: A) Resolution approving the Final Map of Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhoods R-15 and R-16; approving the associated Subdivision hnprovement Agreement for the completion of improvements; and approving a Supplemental Subdivision hnprovement Agreement for Chula Vista Tract No. 01-11, Otay Ranch Village II, Neighborhoods R-15 and R-16. B) Resolution approving the Grant of Easements and Maintenance Agreement for Chula Vista Tract 0 I-II, Otay Ranch Village II, Neighborhoods R-15 and R-16, establishing specific obligations and responsibilities for maintenance of private landscaping within public right- of-way. SUBMITTED BY: City Engineer.::>k /v City Manager /1 .{"'- PI: (4/5ths Vote: Yes_ No X ) REVIEWED BY: Tonight Council will consider Neighborhoods R-15 and R-16, a subdivision of Otay Ranch Village 11 (Windingwalk). Neighborhoods R-15 and R-16 consist of 126 single-family detached lots and II Home Owner's Association maintained open space lots. Approval of the Final "B" Map and its associated Subdivision and Supplemental Subdivision hnprovement Agreements, and a Grant of Easements and Maintenance Agreement will allow the project to proceed. RECOMMENDATION: That Council adopt the resolutions. BOARDS AND COMMISSIONS: N/A DISCUSSION: Otay Ranch Village II, with the marketing name of "Windingwalk" is generally located south of Eastlake Greens, east of Eastlake Parkway and northwest of Hunte Parkway (Attachment I). The tentative map (Chula Vista Tract No. 01-11) was approved on October 23, 2001 by Resolution 2001-364. Chula Vista Tract No. 01-11, Otay Ranch Village II, Neighborhoods R- 15 and R-16 are a 18.686-acre project generally located north of Hunte Parkway and east of Eastlake Parkway, consisting of 126 residential and 11 open space lots. The Final Map for Neighborhoods R-15 and R-16 (Attachment 2) and the associated agreements are now before Council for consideration and approval. Final Map: The Final "B" Map has been reviewed by staff and found to be in substantial conformance with the approved Tentative Map. The developer, Brookfield Shea Otay, LLC, has paid all applicable fees due at final map approval. 11-1 Item , Page 2 Meeting Date: 12/06/2005 Council approval of the Final Map will constitute: . Acceptance by the City of the public streets, . Acknowledgment of the Irrevocable Offer of Dedication of Fee Interest for open space and other public purposes within the subdivision granted on the map, . Acceptance by the City of the landscape buffer and sight visibility easements. Associated Agreements: In addition to Final Map approval, staff recommends that Council approve the following agreements associated with the project: I. Subdivision hnprovement Agreement: Requires the developer to complete the improvements required by said Subdivision. Security bonds have been provided, guaranteeing the completion of all improvements and monumentation required by the Municipal Code; 2. Supplemental Subdivision hnprovement Agreement: Addresses several unfulfilled conditions of the Tentative Map approved by Resolution No. 2001-364. These conditions will remain in effect until completed by the developer and/or their successors(s) in interest; 3. Grant of Easements and Maintenance Agreement: Establishes certain specific obligations and responsibilities for the maintenance of certain improvements located along the public parkways - Journey Way, Trellis Street, Trellis Way, and Wander Street - by the developer and/or their successor(s) in interest, as required by the Tentative Map conditions of approval. The above agreements have been reviewed by staff, and approved as to form by the City Attorney. Environmental Review: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the Final Map was adequately covered in previously adopted Final Second Tier EIR (EIR 01-02), for the Otay Ranch General Plan AmendmentsNillage II Sectional Planning Area Plan, and Conceptual Tentative Map. Thus, no further environmental review or documentation is necessary. FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees and other costs associated with the proposed Final Map and agreements. Attachments: Attachment I: Plat of Windingwalk, Otay Ranch Village II Attachment 2: Plat ofOtay Ranch Village 11, Neighborhood R-15 and 16 Attachment 3: Developer's Disclosure Statement Exhibit A: Subdivision Improvement Agreement Exhibit B: Supplemental Subdivision Improvement Agreement Exhibit C: Grant of Easements and Maintenance Agreement MI File No. OR627F J:\EngineeMGENDA\CAS200Sl11-22-05IR-15-16 CAS.doc 11-2 ATIACHMENl ( Q) -... ..... Brookfield Shea Ou" u.c 11-3 ATTACHMENT 2. CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOODS R-15 & R16 19 7 , , \ ' \, \ 'i \ 47 20 16 53! 52"51 \50',49\48 i -~.- I, ' 1 I \ i 15 \ j \' "0" -- 14 HE" -- 46 21 13 1\ 55 --- 22 12 5{ 56 45 1- 23 11 /r 57 Ii.) 44 24 10 58 ...... 43 ----- ~-,-'-' I 42 25 9 59 ~ -- 8 60 41 Fe-< 7 -~.-. ~ 40 61 '" ~ 6 -~,p'~~. ;>: 39 oa 62 ~ 1,;ii _...-- ~ 5 63 ... .._-_.~~ \J1 4 ---_....,.>>.- --,--- 64 3 ,,~._-~~~ 65 2 ..__~_u --" 66 <IL" -~~-'--'- 33 67 "A" 600 I to ...... I ~ FAllS IlR "G" 97 96 68 98 95 69 99 94 70 100 93 71 101 92 72 102 91 73 103 90 74 104 89 75 88 E3 76 105 ~ 106 87 ;;1 77 ~ 86 Fe-< 78 107 108 85 79 109 84 80 83 81 110 82 > "'"' iff: ;5 ':t '" '"' '- ~ o 200 ~ SCALE 400 I 1"=200' ,~ - ;;t;; ;::; ~ i!< 114 'J" HUNSAKER & ASSOCIATES 113112111 , ., N 'J ~. C C, I S C ?jAN~JlM: 1mn i",'~rlf'_e~e!1:' 5'.1("" :NCIMJR,M; );,,, U;e~'), (~'1]171 5UWLY1NC f'H356i;,jiH~()O' n;iB';m~"!:F1~14 R,\0611\<1<Map\AX CITY COUNCIL DlHIBlrdwg[2,67]0c1-12-2005..,4,55 11-4 tr]i/flf' ATTACHMENT ~ ~I~ ~ em OF CHULA VISTA Planning & Building Department Planning Division I Development Pl'Ocossinll Disclosure Statement APPLICATION APPENDIX B Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Piannlng Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial Interests, payments, or campaign contributions for a City of Chula Vista election must be flied. The follOWing Information must be disclosed: 1, List the names of all persons having a financial Interest In the property that Is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Brookfield Shea Olav LLC Brookfield Otav LLC Shea mav Vlllaoe 11. LLC 2. If any person' Identified pursuant to (1) above Is a corporation or partnership, list the nemes of all Individuals with a $2000 Investment In the business (corporation/partnership) entity, Shea Homes Limited Partnershlo N/A 3, If any person' Identified pursuant to (1) above Is a non.proflt organization or trust, list the names of any person serving liS director of the non-profit organiZlltlon or as trustee or beneflolllry or trustor of the trust. N/A 4. Please Identify every person, IncludIng any agents, employees, consultants, or Independent contrllctors you have Ilsslgned to represent you before the City In this maller, Hunsaker & Assoc. (Frank Coolev) Brookfield Qtsv LLC ( Ron Grunow) GMP f.k.a. GlIIsscle Ceslan Groue ( Rob Strezll ) 5. Has any person' associated with this contract had any financial dealings with an offlolal" of the City of Chula Vista as It relates to this contract wIthIn the past 12 months, Ves D- No L&- If Ves, briefly describe the nature of the financial Interest the official" may have In this contract. e. Have you made a contrIbution of more than $250 within the past twelve (12) months to a current member of the Chula Vlstll City Council? No 181 Ves 0 If yes, which Council Member? 278'Fourth Avenue I Chula Vlata I CSllfornla I 91910 I (819) 891-5101 11-5 ~\~ ~ CI1'/ OF CHUIA VISTA Planning & Building Departmllnt FIRm1ing Division I Development Procllsslng APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an Item of equivalent value) to an official" of the City of Chula Vista In the past twelve (-rn months? JJhls Includes being a source of Income, money to retire a legal debt, gift, loan, etc.) Yes D-. No~_ If Yes, which official"" and what was the nature of Item provided? &~ ~ ..,s. Date: 10/4/2005 Ronald D. Grunow. P.E. VIP Print or type name of Contractor / Applicant " Person Is defined as: any Individual, firm, co-partnership, Joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndlcete, any other county, city, municipality, district, or other political subdivision, -or Bny other group or combination acting as a unit. Offlclallncludea, but la not limited to: Mayor, Council member, Planning Commissioner, Mamber of a board, commission, or committee of the City, employee, or staff members. "" 276 Foul1hAvsnue I ChulaVlata I California I 91910 I (619) 691.5101 .11-6 RESOLUTION NO. 2005-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-15 AND R-16; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-15 AND R-16 WHEREAS, the developer, Brookfield Shea Otay LLC has submitted a final map for Otay Ranch Village 11, Neighborhoods R-15 and R-16; and WHEREAS, the developer has executed a Subdivision Improvement Agreement to install public facilities associated with the project; and WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolution No. 2001-364. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract 01-11, Otay Ranch Village 11, Neighborhoods R-15 and R-16, and more particularly described as follows: Being a subdivision of Lots 6 and 7 together with a portion of Exploration Falls Driveof Chula Vista Tract No. 01-11 Otay Ranch Village 11 "A" Map No.3, in the City of Chula Vista, State of California, according to map thereof No. filed in the Office of the County Recorder of San Diego County on ,2005: Area: 18.686 Acres No. of Lots: 137 Numbered Lots: 126 Lettered Lots: 11 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, that the City Council accepts on behalf of the public the public streets, to-wit: Journey Way, Trellis Street, Trellis Way, and Wander Street, and said streets are hereby declared to be public streets and dedicated to the public use all as shown on Otay Ranch Village 11, Neighborhoods R-15 and R-16 within said subdivision. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A" through "K" for open space and other public purposes all as shown on Otay Ranch Village 11 Neighborhoods R-15 and R-16 within said subdivision. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista the landscape buffer and sight visibility easements, all shown on Otay Ranch Village 11, Neighborhoods R-15 and R-16 within said subdivision. 11-7 Resolution 2005-_ Page 2 BE IT FURTHER RESOLVED the City Council of the City of Chula Vista does hereby approve certain Subdivision Improvement Agreement for Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhoods R-lS and R-16 for the completion of improvements in said subdivision, a copy of which shall be kept on file in the office of the City Clerk. BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhoods R-lS and R-16, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as therefore stated, and that the Irrevocable Offer of Dedication of the fee interest of said lots be acknowledged, and that the easements as granted on Otay Ranch Village 11, Neighborhoods R-lS and R-16 map within said subdivision is accepted on behalf of the City of Chula Vista as hereinabove state. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~~ rILL oore y Attorney Sohaib Al-Agha City Engineer 11-8 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dated: 11/30/05 SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE 11, R-15 AND R-16 (CVT 01-11) 11-9 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of ,2005, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", BROOKFIELD SHEA OTAY LLC, a California limited liability company, 12865 Pointe Del Mar, Suite 200, Del Mar, CA, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTA Y RANCH VILLAGE II NEIGHBORHOODS R-15 and R-16 (CVT 01-11) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will -1- 11-10 install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 2001-364, approved on the 23rd day of October, 2001 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 05071-01 through 05071-12, and inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of ONE MILLION FOUR HUNDRED AND FIFTY THOUSAND DOLLARS AND NO CENTS ($1,450,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefore, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such -2- 11-11 certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of SEVEN HUNDRED TWENTY FIVE THOUSAND DOLLARS AND NO CENTS ($725,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of SEVEN HUNDRED TWENTY FIVE THOUSAND DOLLARS AND NO CENTS ($725,000.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWENTY EIGHT THOUSAND DOLLARS AND NO CENTS ($28,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of -3- 11-12 the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. II. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. -4- 11-13 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IS. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. -5- 11-14 SIGNATURE PAGE ONE OF TWO SUBDIVISION IMPROVEMENT AGREEMENT OTA Y RANCH VILLAGE 11, NEIGHBORHOOD R-15 AND R-16 (CVT 01-11) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Stephen C. Padilla Mayor ATTEST: Susan Bigelow City Clerk Approved as to form by Ann Moore City Attorney -6- 11-15 SIGNATURE PAGE TWO OF TWO SUBDIVISION IMPROVEMENT AGREEMENT OTA Y RANCH VILLAGE 11, NEIGHBORHOOD R-15 AND R-16 (CVT 01-11) BROOKFIELD SHEA OT A Y LLC, a California limited liability company By: Brookfield Otay LLC, a Delaware limited liability company, member ~f~a Name:<E~ tel D. GI'U.1I0~' ",;;eU.:os u By: ~./I' ~ till Name: .t1::", t'AL ~ By: Shea Otay Village 11 LLC, a California limited liability company, member 'ted Partnership, a California Ii 'ted partnership its Sole Member By: .--.-. /' L Name: /0 j ron T7<J7 c-L /f<L /nOC1)pcP /}Jr'llf By: Name: A ~ATv~....rc L-. 1>c...-.~t"-f,......en:. .fv\-\1-10i:.c ~cp ,(. 02e rwr'- (Attach Notary Acknowledgment) -7- 11-16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California }ss. County of San Diego On October 7, 2005, before me, Nicole Sutherland, Notary Public, personally appeared Ronald D. Grunow and E. Dale Gleed, I ~ - - - - - - - - - - - @ NICOLE SUTHERlAND J _ Commtalon # 1555413 ) NoIary PublIc . Call1ornlo f San DIego County - _ _ _ ~~:.~_~2~~ personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. ~!V\lffiL- ~l~ Place Notary Seal Above Signature of Notary Public 11-17 State of California ) ) S.s. County of San Diego ) On October 10, 2005 before me, Theresa Gayle Grove, Notary Public, personally appeared Alexander Plishner and Tod Fontana personally known to me to be the persons whose names are subscribed to the within instrwnent and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrwnent the persons, or the entity upon behalf of which the persons acted, executed the instrwnent. WITNESS my hand and official seal. 7h'kitG <~0 ~ l@IHERESA GAYlE GROVE~ -IJ) Comm.' 1535118 III - NOM PUlUC. CAUfOlllt~ ~ . SanDIe9oC""~: l4yC",,".~Jono5,211091 11-18 EXHffiIT "A" TO SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE 11, R-15 AND R-16 (CVT 01-11) PUBLIC lMPROVEMENTS ESTIMATED COST OF IMPROVEMENTS FAITHFUL PERFORMANCE LABOR AND MATERIALS DRAWING NOS. BOND NOS. Otay Ranch Village 11, R-15 & R -16 Improvements $1,750,000 $725,000.00 $725,000.00 05071-01 to 05071-12 2169370 Monumentation for Streets $28,000.00 Per private Civil Engineer's or Land Surveyor's Estimate 2169366 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of Council approval of the Subdivision Improvement Agreement J:lAttomeylSlAIOR YII-A -CYTOl.ll -8- 11-19 EXHIBIT "A" TO SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE 11, R-15 AND R-16 (CVT 01-11) PUBLIC IMPROVEMENTS ESTIMATED COST OF IMPROVEMENTS FAITHFUL PERFORMANCE LABOR AND MATERIALS DRAWING NOS. BOND NOS. Otay Ranch Village 11, R-15 & R-16 Improvements $1,750,000 $725,000.00 $725,000.00 05071-01 to 05071-12 2169370 Monumentation for Streets $28,000.00 Per private Civil Engineer's or Land Surveyor's Estimate 2169366 Securities approved as to fonn and amount by City Attorney Improvement Completion Date: Two (2) years from date of Council approval of the Subdivision Improvement Agreement J:\AllomeylSlA\OR VII.A -CVTOI-ll -8- 11-20 PUBLIC IMPROVEMENTS Otay Ranch Village 11, R-15 & R-161mprovements Monumentation for Streets EXHIBIT "A" TO SUBDIVISION IMPROVEMENT AGREEMENT FOR OTA Y RANCH VILLAGE II, R-15 AND R-16 (CVT 01-11) ESTIMATED COST OF IJ'vlPROVEMENTS FAITHFUL PERFORMANCE LABOR AND MATERIALS DRA WING NOS. BOND NOS. 2169370 2169366 Improvement Completion Date: Two (2) years from date of Council approval of the Subdivision Improvement Agreement $1,450,000 $725,000.00 $725,000.00 05071-01 to 05071-12 $28,000.00 Per private Civil Engineer's or Land Surveyor's Estimate Securities approved as to form and amount by City Attorney J:lAltomey\SlA\OR VII-A -CVT01-11 -8- 11-21 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL '~/:4. Ann Moore City Attorney Dated: 11/30105 SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OT A Y RANCH VILLAGE 11, R-15 AND R-16 (CVT 01-11) - B MAP 11-22 RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA VISTA TRACT NO. 01-11 R-15/16 - B MAP (Conditions 1-5, 7, 11-17, 25-26, 28, 30-32, 35, 36, 40, 43, 45, 46, 48-51, 56-57, 60, 63, 69, 78, 96, 99-100, 114, 116, 118, 121- 122, 124-125, 127, 129, 134, 135, 137, 139, 141, 145, 146, 148, 150, 164, 172-177, 179, 181, 183, 184, 189, 192-193, 195-196, 198- 200, 202-205 of Resolution 2001-364) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of , 2005, by and between THE CITY OF CHULA VISTA, California ("City" for recording purposes only) and the signatories to this Agreement, BROOKFIELD SHEA OTAY LLC, a California Limited Liability Corporation ("Developer" or "Owner"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property") . The Property is Phase III of approved Tentative Subdivision Map Chula Vista Tract 01-11 Otay Ranch Village Eleven, commonly known as Windingwalk. For purposes of this Agreement the term "Project" shall also mean "Property". B. "Owner" or "Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's successors-in-interest and assigns of any property within the boundaries of the Property. C. Developer and/or Developer's predecessor in interest 1 OR-627F 11-23 Village ll, R-1S/l6 OR-627F SSAI October 2005 has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 01-11 ("Tentative Subdivision Map" or "Tentative Map") for the subdivision of the Property. D. The City has adopted Resolution No. 2001-364 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E. Developer has requested the approval of a "B" Map for the Project ("Final Map"). Certain conditions of approval of the Tentative Subdivision Map requires Developer to enter into an agreement with the City prior to approval of the Final Map for the Project. F. Ci ty is willing, on the premises, security, conditions herein contained to approve the Final Map Developer has applied and Developer has agreed to the conditions set forth herein. terms and for which terms and G. All the terms of the Supplemental Subdivision Improvement Agreement for Otay Ranch Village 11, "A" Map No. 1 adopted by Resolution 2003-075, the supplemental subdivision improvement agreement for Otay Ranch Village Eleven "A' , Map No.2, approved by Resolution 2004-107, and the supplemental subdi vision improvement agreement for Otay Ranch Village Eleven "A" Map No.3, approved by Resolution 2005- remain in full force and effect. H. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. "Complete Construction" shall construction of the improvements have been been inspected and accepted by the City. mean that the completed and have b. "Guest Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. c. "SPA Plan" means the Otay Ranch Village Eleven Sectional Planning Area Plan as adopted by the City Council on October 17, 2001 pursuant to Resolution No. 2001-363. d. "PFFP" means the Otay Ranch Village Eleven Public Facilities Financing Plan adopted by Resolution No. 2001-363, and as may be further amended from time to time. e. "FSEIR 01- 02" means Final Subsequent Environmental 2 11-24 Village 11, R-15/16 OR-627F 5SAI October 2005 Impact Report and its attendant Addendum for the Otay Ranch General Development Plan Amendments/Village Eleven Sectional Area Plan and Conceptual Tentative Map. f. "Improvement Plans" means all the onsite and offsite improvements required to serve the lots created by the Final Map, in accordance with improvement plans to be approved by the City. Said improvements shall include, but not limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed and potable water utilities, drainage facilities, street lights, signage, landscaping, irrigation, fencing and fire hydrants. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent OWners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described on Exhibit "A" until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. Ci ty is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the Guest Builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the Guest Builder shall, 3 11-25 Village 11, R-1S/16 OR-627F SSAI October 2005 however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot (s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association; iii. The conveyance of a school site as identified in the SPA Plan to a school district; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 4 11-26 Village 11, R-1S/16 OR-627F SSAI October 2005 2. Condition No. 1 - (Agreement to all terms, covenants and conditions). In satisfaction of Condition No. 1 of the Resolution, Developer agrees to all of the terms, covenants and conditions contained herein shall that binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 3. Condition No. 2 - (Requirements and guidelines). In satisfaction of Condition No. 2 of the Resolution, Developer agrees to comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; FSEIR # 01-02; Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan and supporting documents including: Village Eleven Public Facilities Finance Plan; Village Eleven Parks, Recreation, Open Space and Trails Plan; Village Eleven SPA Affordable Housing Plan and the Non-Renewable Energy Conservation plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 4. Condition No. 3 (City's Right to Revoke or Modify Approvals). In satisfaction of Condition No. 3 of the Resolution, if any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 5. Condition No.4 - (Hold City Harmless). In satisfaction of Condition No. 4 of the Resolution, Developer agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report and subsequent environmental review 5 11-27 Village 11, R-15/16 OR-627F SSAI October 2005 for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 6. Condition No. 5 - (Comply with SPA Conditions). In satisfaction of Condition No. 5 of the Resolution, the Developer agrees to comply with all applicable Village Eleven SPA conditions of approval, (PCM 99-15) as may be amended from time to time. Developer further agrees as follows: a. To implement the final Otay Ranch Village Eleven Air Quality Improvement Plan (AQIP) approved measures and include the measures as part of the Project. The Developer further: i. Agrees to comply and remain in compliance with the AQIP; 11. Waives any claim that adoption of the final AQIP constitutes an improper subsequent imposition of the condition; iii. Acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available; and iv. Agrees prior to or concurrent with each Final Map for the Project to modify the AQIP to incorporate those new measures, which are in effect at the time. Developer further acknowledges that the new measures shall apply, as applicable, to development within all future final map areas, but shall not be retroactive to those areas which receive final map approval prior to effect of the subject new measures. b. To implement the final Otay Ranch Village Eleven Water Conservation Plan (WCP) approved measures and include the measures as part of the Project. The Developer further: i. Agrees to comply and remain in compliance with the WCP; ii. Waives any claim that the adoption of a final WCP constitutes an improper subsequent imposition of the condition; iii. Acknowledges that the City Council may, from time-to-time, modify water conservation measures related to new development as various technologies and/ or programs change or become available; and 4) agrees prior to or concurrent with each final map for the Project to modify the WCP to incorporate those new measures, which are in effect at the time. Developer further acknowledges that the new measures shall apply to development within all future final map areas, but shall not be retroactive to those areas which received 6 11-28 Village 11, R-15/16 OR-627F SSAI October 2005 final map approval prior to effect of the subject measures. 7. Condition No. 7 - (Agreements) . In satisfaction of Condition No. 7 of the Resolution, the Developer agrees that any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. 8. Condition No. 11 (Conveyance Agreement) . In satisfaction of Condition No. 11 of the Resolution, Developer hereby agrees to comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement") 9. Condition No. 12 (Olympic Parkway Agreement). In satisfaction of Condition No. 12 of the Resolution, Developer hereby agrees that if any of these conditions conflict with the Olympic Parkway Financing and Construction Agreement approved by Council Resolution 19410, the Olympic Parkway Financing and Construction Agreement shall control. 10. Condition No. 13 - (Environmental). In satisfaction of Condition No. 13 of the Resolution, Developer hereby agrees, to implement, to the satisfaction of the Director of Planning and Building, all environmental impact mitigation measures identified in Final EIR 01-02 (SCH#2001031120), the candidate CEQA Findings and Mitigation Monitoring and Reporting Program (Final EIR 01-02) for this Project. 11. Condition No. 14 - (Other Agencies). In satisfaction of Condition No. 14 of the Resolution, Developer hereby agrees to comply with all applicable requirements of the California Department of Fish and Game, the California State Water Resources Quality Control Board, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the Developer agrees to comply with all applicable requirements prescribed in the Otay Ranch GDP/Village Eleven Environmental Impact Report EIR 01-02 (SCH#2001031120), and Mitigation Monitoring and Reporting Program. 12. Condition No. 15 (U. S. Fish and Wildlife/Fish and Game) . In satisfaction of Condition No. 15 of the Resolution, Developer hereby agrees, to comply with the Project's take permit/authorization from the U.S. Fish and wildlife Service and 7 11-29 Village 11, R-15/16 OR-627F SSAI October 2005 California Department of Fish and Game, and comply with the City of Chula Vista MSCP Subarea Plan. 13. Condition No. 16 - (RMP). In satisfaction of Condition 16 of the Resolution, Developer hereby agrees that prior to the approval of each final "B" map Developer shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource Management Plan (RMP2) as approved by City Council on June 4, 1996, and as may be amended from time to time by the City. 14. Condition No. 17 (Preserve Conveyance Schedule). In satisfaction of Condition No. 17 of the Resolution, Developer hereby agrees to comply with the requirements and policies of the Otay Ranch Resource Management Plan "Preserve Conveyance Schedule" as approved by City Council on June 4, 1996, as may be amended from time to time. 15. Condition No. 25 - (Final" B" Maps). In satisfaction of Condition No. 25 of the Resolution, Developer hereby agrees to ensure that all "B" Maps shall be in substantial conformance with the related approved final "A" Map. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the first Final "B" Map. 16. Condition No. 26 - (Future Open Space Lots for Slopes). In partial satisfaction of Condition No. 26 of the Resolution, Developer hereby agrees that prior to approval of the first final "B" map within Phase 3, the developer shall submit and obtain the approval of the City of a master final map ("A" Map) over the portion of the tentative map within each area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "A" Map. All "super block" lots created by this "A" Map or parcel map shall have. access to a dedicated public street. Upon approval of site plans not yet finalized with the recordation of this agreement for lots within "A" Map No.3, Lot Line Adjustments or Parcel Maps shall be processed to create open space lots necessary to maintain slopes within determination of future open space lots for slopes within "A" Map No.3, and to locate property lines at the top of said slopes. 17. Condition No. 28 satisfaction of Condition No. (Oversized Improvements). In 28 of the Resolution, Developer 8 11-30 Village ll, R-l5/lG OR-G27F SSAI October 2005 agrees that in the event of a filing of a final -B' map which requires oversizing of the improvements necessary to serve other properties within the Project, said final map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties (in accordance with the restrictions of state law and City ordinances) . 18. Condition No. 30 (Slope Landscaping) . In satisfaction of Condition No. 30 of the Resolution, Developer agrees that in addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet of slope area, one l-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Director of Planning and Building prior to approval of the appropriate final map. 19. Condition No. 31 (Slope Landscaping). In satisfaction of Condition No. 31 of the Resolution, Developer agrees that public residential street parkways shall be no less than 7.5 feet in width for the planting area. The Applicant shall plant trees within said parkways which have been selected from the list of appropriate tree species described in the Village Eleven Design Plan and approved by the Directors of Planning and Building, Parks and Recreation and Public Works. The Applicant shall provide root barriers and deep watering irrigation systems for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. As a condition of approval of each final map for the applicable neighborhood, the Applicant shall be required to submit Improvement Plans for the residential street parkways for review and approval by the City Engineer, Director of Parks and Recreation and Director of Planning and Building. 20. Condition following: Condition No. 32 - (Street Trees). In No. 32 of the Resolution, Developer satisfaction of agrees to the a. The Developer shall install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Street trees, which have been selected from the revised list of appropriate tree species 9 11-31 Village II, R-15/16 OR-627F SSAI October 2005 described in the the Director of Engineering. Village Design Plan, shall be approved by Planning and Building and Director of b. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Developer agrees to complete preliminary street improvement plans that show the location of all future street trees, which will be subject to the review and approval of the Director of Building and Park Construction and the Director of Planning & Building. Prior to any utility installation, wood stakes shall be placed by the Developer on site according to approved preliminary street tree plans and shall be painted a bright color and labeled as future street tree location. Developer further agrees to provide City documentation, acceptable by the Director of Building and Park Construction and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Developer will maintain street tree identification stakes in location as shown on approved preliminary plans until all dry utilities are in place. c. The Developer shall provide root control methods per the requirements of the Director of Planning and Building, and provide a deep watering irrigation system for the trees. d. A street tree improvement plan shall be submitted for review and subject to the approval of the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. 21. Conditions No. 35 (PFFP) . In satisfaction of Condition No. 35 of the Resolution, Developer agrees to install public facilities in accordance with the Otay Ranch Village Eleven SPA, Public Facilities Finance Plan (PFFP) as may be amended from time to time or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. Developer acknowledge that the City Engineer and Director of Planning and Building may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. 22. Conditions No. 36 satisfaction of Condition No. 36 (Public of the Improvements) . In Resolution, Developer 10 11-32 Village 11, R-15/l6 OR-627F SSAI October 2005 agrees to dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Developer further agrees to construct and secure all street improvements as required by the PFFP, for each particular phase, as may be amended from time to time. The Developer further agrees to construct the public improvements and provide security satisfactory to the City Engineer and City Attorney. 23. Condition No. 40 (Improvement Construction). In satisfaction of Condition No. 40 of the Resolution, Developer agrees to secure in accordance with Section 18.16.220 of the Municipal Code, the construction and construct full street improvements for allan-site and off-site streets as identified in the Otay Ranch Village Eleven SPA, PFFP, as may be amended from time to time as deemed necessary to provide service to the Project. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, traffic signals, signs, landscaping, irrigation, fencing and fire hydrants. Street light locations shall be subject to the approval of the City Engineer. Developer further agrees to construct certain pedestrian safety improvements at one or more of the following locations; along Crossroads Street and Windingwalk Street where they cross the Paseo or where they cross the SDG&E/Water Authority Easements, at the entrance to the MU-1 site from Birch Road, and at the entrance to R-19/S-2 from Crossroads Street. Said improvements shall include, but not be limited to, traffic signals, flashing beacons and/or stop signs, as warranted by study funded by the developer and performed by May 1, 2007. 24. Condition No. 43 and 46- (Street Improvements). In partial satisfaction of Conditions No. 43 and 46 of the Resolution, Developer agrees to construct and secure, in accordance with Section 18.16.220 of the Municipal Code, the required street improvements listed below and pursuant to Exhibit "B" per the PFFP and/or Specific Planning Area Triggers as may be amended from time to time. . Hunte Parkway, North of SDG&E easement to Eastlake Parkway . Fully Activated Traffic Signals: o Hunte Parkway and Eastlake Parkway o Hunte Parkway at Discovery Falls Drive o Hunte Parkway at Exploration Falls Drive o Eastlake Parkway at Crossroads Street o Eastlake Parkway at MU-l Entrance 25. Condition Condition No. 45 No. of 45 the (PFDIF) . Resolution, In satisfaction Developer agrees of to 11 11-33 Village 11, R-15/16 OR-627F SSAI October 2005 participate in the funding of revisions of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the City Manager or his designee and subj ect to the approval of the City Council and Developer will receive appropriate credit for such participation. 26. Condi tion No. 48 - (Fire). In partial satisfaction of Condition No. 48 of the Resolution, Developer agrees to comply with the Fire Department's codes and policies for Fire Prevention, as may be amended from time to time. Developer further agress that prior to the issuance of any building permit(s) for the Project, to provide the following items prior to delivery of combustible materials on any construction site on the Project: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal; and b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet; and c. Street signs installed to the satisfaction of the Department of Public Works. Temporary street signs shall be subject to the approval of the Department of Public Works and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the Department of Public Works and Fire Department. 27. Conditions No. 49 (Construction Timing). In satisfaction of Condition No. 49 of the Resolution, Developer agrees to obtain the approval of the City's Fire Marshal for the timing of construction of all internal streets in the Project. 28. Conditions No. 50 - (Fire Hydrants). In satisfaction of Condition. No. 50 of the Resolution, Developer agrees that in addition to those fire hydrants depicted on the tentative map, the Developer shall install additional fire hydrants upon request and to the satisfaction of the Fire Department. 29. Conditions No. 51 (Turnaround). In satisfaction of Condition No. 51 of the Resolution, Developer agrees to construct a temporary turnaround or street improvements, upon the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 12 11-34 Village 11, R-15/16 OR-627F SSAI October 2005 150 ft. in length (as measured from the nearest street centerline intersection) . 30. Conditions No. 5Gb and 179 - (No Protest BRT Assessment Formation). In partial satisfaction of Conditions No. 56 and 179 of the Resolution, Developer agrees to not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley BRT System. 31. Condition No. 57 - (ADA). In satisfaction of Condition No. 57 of the Resolution, Developer agrees to construct sidewalks and construct pedestrian ramps on all walkways to meet "Ameri.cans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 32. Condition No. 60 - (Private water in public street) In satisfaction of Condition No. 60 of the Resolution, Developer agrees to not install privately owned water, reclaimed water, or other utilities crossing any public street. Developer further acknowledges and agrees that the installation of sleeves for future construction of privately owned facilities may be allowed subject to the review and approval of the City Engineer if the following is accomplished: a. The Developer enters into an agreement with the City where the Developer agrees to the following: i. Apply for an encroachment installation of the private facilities public right-of-way; and, ii. Maintain membership in an advance notice such as the USA Dig Alert Service; and, iii. Mark out any private facilities owned by the Developer whenever work is performed in the area; and, iv. The terms of this agreement shall be binding upon the successors and assigns of the Developer. permit within for the b. Shutoff devices are provided at those traverse public streets. as determined by the City Engineer locations where private facilities of 33. Condition No. 63 Condition No. 63 of - (Street Name Signs). In satisfaction the Resolution, Developer agrees to 13 11-35 Village ~~, R-~5/~6 OR-627F SSAI October 2005 install permanent street name signs prior to the issuance of the first building permit for the applicable final map. 34. Condition No. 69 - (LOMR). In satisfaction of Condition No. 69 of the Resolution, Developer agrees that prior to transfer of responsibility of maintenance of any basins on the Project and release of the grading bond, to obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program Maps to reflect the effect of the drainage improvements. Developer acknowledges and agrees that it shall be the responsibility of the Developer to revise the flood plain map to reflect all modifications and to ensure that no proposed lot will be created in said flood plain. 35. Condition No. 78 (NPDES) . In satisfaction of Condition No. 78 of the Resolution, Developer agrees to comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Developer further agrees to file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N. P . D. E . S . General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The Developer further agrees to comply with all the provisions of the N. P. D. E. S. and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. The San Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01). The permit includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development. The Developer agrees to comply with all relevant City regulations, when they become effective, including but not limited to incorporation into the design and implementation of the Project temporary and permanent structural Best Management Practices and non-structural mitigation measures that would reduce pollution of storm water runoff to the maximum extent practicable. 14 11-36 Village 11, R-lS/16 OR-627F SSAI October 2005 36. Condition No. 96 - (Permitting agencies). In partial satisfaction of Condition No. 96 of the Resolution, Developer agrees to obtain approval from all applicable permitting agencles, including but not limited to FEMA, prior to any work within each of the agencies jurisdiction. Developer further acknowledges and agrees that all mitigation requirements will be the responsibility of the Developer. 37. Condition No. 99 - (Salt Creek Basin Water Quality). In partial satisfaction of Condition No. 99 of the Resolution, Developer shall continue to maintain the naturalized channel and/or detention basins in Salt Creek Basin, by accomplishing the following: a. Prepare a maintenance program of all the proposed drainage and water quality treatment facilities in Salt Creek, including but not limited to naturalized channel, wetlands restoration areas, detention basins, and water quality treatment facilities. The maintenance program shall include, but not be limited to: a) a manual describing the operation and maintenance of the drainage and water quality treatment facilities; b) an estimate of the cost of such operation and maintenance activities; and c) a funding mechanism and schedule for financing the maintenance program. Said maintenance program shall be subject to approval by the Ci ty Engineer, Director of Planning and Building, and the Director of Parks and Recreation. The applicant shall be responsible for obtaining the approval of the maintenance program from all applicable federal and state agencies. b. and the agree to Enter into an agreement with the City of Chula Vista applicable resource agencies wherein the parties implement the maintenance program. c. Enter into an agreement with the City of Chula Vista, wherein Developer agrees to the following: i. Provide for the maintenance of all proposed drainage and water quality treatment facilities in Salt Creek, including but not limited to the naturalized drainage channel, wetlands restoration areas as allowed by the resource agencies, detention basins, and water quality treatment facilities until the latter to occur of: (a) maintenance of such facilities is assumed by the City, open space district or Master Homeowner's Association, or; (b) the City determines all erosion protection plantings are adequately established. ii. Provide for the removal of siltation, 15 11-37 Village ll, R-lS/l6 OR-627F SSAI October 2005 attributable to the Project, from all proposed drainage and water quality treatment facilities in Salt Creek, including but not limited to the naturalized drainage channel, wetlands restoration areas as allowed by resource agencies, detention basins, and water quality treatment facilities until all 1pstream grading of the area contained within the Project is completed and all erosion protection planting is adequately established as determined by the City Engineer, Director of Planning and Building, and Director of Parks and Recreation. iii. Provide for the removal of any siltation resulting from all proposed drainage and water quality treatment facilities in Salt Creek, including but not limited to the naturalized drainage channel, wetlands restoration areas as allowed by the resource agencies, detention basins, and water quality treatment facilities, attributable to the Project, for a minimum period of five years after maintenance of such facility is accepted by the City or an appropriate Maintenance District. d. Developer shall provide security, satisfactory to the City Engineer, guaranteeing the performance of the aforementioned maintenance and siltation removal obligations. 38. Condition No. 100 - (NPDES). In partial satisfaction of Condition No. 100 of the Resolution, Developer agrees to comply with all requirements of the new Municipal Storm Water Permit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board including plans as necessary. 39. Condition No. 114 - (Parks and Open Space). In partial satisfaction of Condition No. 114 of the Resolution, Developer agrees that the Village Eleven Project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. The Project's Neighborhood Park portion of the local park requirement shall be satisfied through the provision of a 7.0 net-acre Neighborhood Park (P-l). The remaining requirement shall be satisfied in a future Community Park through the payment of fees, dedication of land, or a combination thereof in a manner acceptable to the Director of Parks and Recreation. 16 11-38 Village 11, R-lS/16 OR-627F SSAI October 2005 40. Condition No. 116 (PAD Fees). In satisfaction of Condition No. 116 of the Resolution, Developer agrees to pay all applicable Parkland Acquisition and Development fees in affect at time of Council approval to the City in accordance with C.V.M.C Chapter 17.10 prior to approval of each final "B" Map. 41. Condition No. 118 (Park Site). In satisfaction of Condition No. 118 of the Resolution, Developer agrees to have commenced construction of Project's Park (P-l), to the satisfaction of the Director of Parks and Recreation. Applicant shall complete construction of the park within nine (9) months of commencement of construction. The term "complete construction" shall mean park construction has been completed according to the City approved construction plans and accepted by the Director of Parks and Recreation. Furthermore "compete construction" shall mean prior to and shall not include the City's established maintenance period required prior to acceptance by the City for Public use. At any time the Director of Parks and Recreation may, at his sole discretion, modify the neighborhood development phasing and construction sequence for the Proj ect' s park should conditions change to warrant such revision. 42. Condition No. 121 (Parks). In satisfaction of Condition No. 121 of the Resolution, Developer agrees that at no time shall there be a deficit in "constructed neighborhood park". Developer further agrees that the City may withhold the issuance of building permits for the Project, should said deficit occur. For purposes of this paragraph the term "constructed neighborhood park" shall mean the construction of the park has been completed and accepted by the City as being in compliance with the Park Master Plan, but prior to the City's required mandatory maintenance period. This is not intended to supersede any of the City'S maintenance guarantee requirements. 43. Condition No. 122 (Parks). In satisfaction of Condition No. 122 of the Resolution, Developer agrees that all local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Planning and Building Department specifications and policies. 44. Condition No. 124 - (Town Square P-4). In satisfaction of Condition No. 124 of the Resolution, Developer agrees that prior to issuance of the building permit for the 832na dwelling uni t issued wi thin Phase Two of the Proj ect, Developer shall complete construction of the Town Square (P-4) within Phase Two, to the satisfaction of the Director of Parks and Recreation. 17 11-39 Village 11, R-15/16 OR-627F SSAI October 2005 45. Condition No. 125 (Brush Management Plan). In satisfaction of Condition No. 125 of the Resolution, Developer, prior to issuance of the first construction permit, shall prepare, submit and have received approval from the Director of Parks and Recreation of a comprehensive "Project Landscape Master Plan". Such approval shall be indicated by means of the Director of Parks and Recreation's and the Fire Marshal's signatures and date on said Plan. The contents of the Landscape Master Plan shall be revised to include a Brush Management Plan, identifying three zones and treatment. 46. Condition No. 127 (Landscape and Irrigation Slope Erosion Control Plan). In satisfaction of Condition No. 127 of the Resolution, Developer shall prepare, submit and obtain the approval of the Director of Parks & Recreation and the City Engineer for a landscape and irrigation slope erosion control plan. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and Grading Ordinance, as may be amended from time to time. Applicant shall install erosion control in accordance with approved plans within six months from the commencement of grading. 47. Condition No. 129 (Pedestrian Paseos). In satisfaction of Condition No. 129 of the Resolution, Developer shall provide easements for the pedestrian paseos identified on the Tentative Map, each approximately 60 feet in width, the exact width to be determined by the Director of Planning and Building. Upon the request of the Director of Public Works, paseos shall contain improved all-weather paved l2-foot wide minimum access to withstand an H-20 wheel load as approved by the Director of Public Works. Each paseo within said easements shall be maintained by the Master Homeowner's Association. Developer shall grant to the satisfaction of the Directors of Planning and Building and Public Works, pedestrian access easements, and General Utility Easements. Developer shall secure and construct said paseos upon the request of and at the direction of the Directors of Parks and Recreation and Public Works. 48. Condition No. 134 - (Regional Trails). In satisfaction of Condition No. 134 of the Resolution, Developer agrees to: a. Construct a "Regional Trail", concurrent with the construction of Hunte Parkway, on the north side of Hunte Parkway (within the Village Greenway) from the future Pedestrian Bridge No. 1 at Eastlake Parkway to the Paseo connection and future pedestrian Bridge No. 2 between Neighborhoods R-17 and R-16 as depicted on the Parks, Trails and Open Space Plan in the Village Eleven SPA Plan, and shall 18 11-40 Village II, R-IS/I6 OR-627F SSAI October 2005 be designed to incorporate the "Project Landscape Master Plan" as approved by the City and as amended from time to time. The Regional Trail shall meander away from the curb as much as possible. b. Construct a "Regional Trail", concurrent with the construction of Hunte Parkway, on the south/east side of Hunte Parkway (within the Chula Vista Greenbelt) from the future pedestrian Bridge No. 2 between Neighborhoods R-17 and R-16 as depicted on the Parks, Trails and Open Space Plan in the Village Eleven SPA Plan north to the intersection of Hunte Parkway and Olympic Parkway, and shall be designed to incorporate the -- proj ect Landscape Master Plan" as approved by the City and as amended from time to time. The Regional Trail shall meander away from the curb as much as possible. 49. Condition No. 135 - (Retaining Walls). In satisfaction of Condition No. 135 of the Resolution, Developer agrees to keep any necessary retaining walls to a minimum and/or if a grading solution can be found, retaining walls will not be used to gain additional space for the street corridor. The retaining walls are to be located and detailed on the Grading Plans for Hunte Parkway, and subject to the approval of the Directors of Planning and Building and Public Works. Slopes gradients may be increased to the maximum permitted in the grading ordinance in limited locations to accommodate constraints such as maintenance access ways. Landform grading policies shall be observed and followed. If a combination of low retaining walls and modified landform grading cannot accommodate any constraints or maintenance access areas, the top of slope shall be adjusted, as City deems as necessary. 50. Condition No. 137 (Regional Trail Signage). In satisfaction of Condition No. 137 of the Resolution, Developer agrees that prior to the approval of each final "B' I Map, containing a trail, for the Project, Developer shall obtain the approval of the Director of Parks and Recreation for appropriate signage indicating location of trail connections, handicap access, and bikeway locations to the Regional Trail, Village Greenway, and Chula Vista Greenbelt. Said signage shall be included on the Landscape and Irrigation Improvement Plan. Signage shall be installed upon the request of the Director of Parks and Recreation and Director of Planning and Building. 51. Condition No. 139 satisfaction of Condition No. agrees to comply with the Committee Recommendations for Developed Areas Final Report, (Accessibility Guidelines). In 139 of the Resolution, Developer current Regulatory Negotiation Accessibility Guidelines: Outdoor as may be amended from time to 19 11-41 Village 11, R-1S/16 .OR-627F SSAI October 2005 time, developed for: U.S. Architectural and Transportation Barriers Compliance Board when designing all trails and trail connections. 52. Condition No. 141 (Landscape Plans). In partial satisfaction of Condition No. 141 of the Resolution and prior to the approval of the first final "B" map, Developer agrees to: a. Submi t evidence, acceptable to the City Engineer and the Director of Planning and Building of the formation of a Master Homeowner's Association (MHOA) , or another financial mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of those landscaping improvements that are not to be included in the proposed financial mechanism. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building requires such annexation of future tentative. map areas. The MHOA formation documents shall be subject to the approval of the City Attorney; and, b. Submi t for City's approval the CC&:R' s, grant of easements and maintenance standards and responsibility of the MHOA's for the Open Space Areas within the Project area. Developer shall acknowledge that the MHOA' s maintenance of public open space, trails, etc. may expose the City to liability. Developer agrees to establish a MHOA that will hold the City harmless from any actions of the MHOA in the maintenance of such areas; and, c . Submi t and obtain approval of the Ci ty Engineer and the Director of Planning and Building of a list of all Otay Ranch Village Eleven SPA and MHOA facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Master Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: 20 11-42 Village 11, R-15/16 OR-627F SSAI October 2005 i. All facilities located on open space lots such as walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of: 1) turf, 2) irrigated, and 3) non-irrigated open space to aid in the estimation of a maintenance budget thereof. ii. Medians and parkways along Olympic Parkway, Eastlake Parkway and Hunte Parkway, Birch Road, (onsite and offsite) and all other street parkways proposed for maintenance by the applicable Community Facilities District or Homeowners' Association. iii. The proportional share of the proposed detention basin (temporary or permanent) located in the Salt Creek Sewer Basin. This includes the cost of maintenance and all cost to comply with the Department of Fish and Game and the Corps of Engineers permit requirements. iv. The proportional share of the maintenance of the median and parkways along that portion of Olympic Parkway adjoining the development as determined by the City Engineer. v. All water quality basins serving the Project. 53. Condi tion No. 145 (Homeowner Notification of MHOA Responsibilities) . In satisfaction of Condition No. 145 of the Resolution, Developer agrees that future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow. 54. Condition No. 146 (HOA Responsibilities). In satisfaction of Condition No. 146 of the Resolution, Developer agrees that an HOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind any gated entrances. The facilities to be maintained include, but are not limited to: pavements, sidewalks, street trees, street lights including power supply, street sweeping, private drainage facilities and landscaping of private common areas. 55. Condi tion No. 148 (Open Space Lot Walls). In satisfaction of Condition No. 148 of the Resolution, Developer agrees to ensure that all buyers of lots adjoining open space lots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they 21 11-43 Village II, R-I5/I6 OR-627F SSAI October 2005 are aware that the walls are on City property and that they shall not modify or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CC&R's for all lots. 56. Condition No. 150 (Maintenance District). In satisfaction of Condition No. 150 of the Resolution, Developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within or adjacent to the Project. 57. Condition No. 164 - (Off site Right of Way). In partial satisfaction of Condition No. 164, the Developer agrees to notify the City at least 60 days prior to consideration of a map by City if any off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the Developer shall: a. Pay the full cost of acquiring off-site right-of- way and/or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way and/or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the final map. The Developers shall pay all costs, both direct and indirect incurred in said acquisition. 58. Condition No. 172 satisfaction of Condition No. agrees: (Withhold Permits per PFFP). In 172 of the Resolution, Developer a. That the City may withhold building permits for the subject subdivision if anyone of the following occur: i. Regional development threshold limits set by the Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management 22 11-44 Village 11, R-lS/16 OR-627F SSAI October 2005 Program, as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. The Developer agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch Village Eleven SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies franchised by the City of Chula Vista to place conduit within the City'S easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be 23 11-45 Village 11, R-15/16 OR-627F SSAI October 2005 issued by the City of Chula Vista. d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach e. To hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this Project. 59. Condition No. 173 (Future Regional Agreements). In satisfaction of Condition No. 173 of the Resolution, Developer shall enter into a supplemental agreement with the City prior to approval of the first final "B" Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 60. Condition No. 174 satisfaction of Condition No. 174 agrees to comply with all previous the property. (Previous Agreements). In of the Resolution, Developer agreements as they pertain to 61. Condition No. 175 (Street Sweeping). In partial satisfaction of Condition No. 175 of the Resolution, Developer agrees to cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after the completion of all punch list items, whichever is shorter. The Developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. 62. Condition No. 176 (Regional Impact Fees). In satisfaction of Condition No. 176 of the Resolution, Developer agrees to not protest the formation of any future regional benefit assessment district formed to finance regional facilities. 24 11-46 Village ~~, R-~5/~6 OR-627F SSAI October 2005 63. Condition No. 179 (No Protest LRT or BRT Assessment Formation). In satisfaction of Condition No. 179 of the Resolution, Developer agrees to not protest the formation of any potential future regional benefit assessment district formed to finance the Light Rail (or Bus) Transit (LRT/BRT) 64. Condition No. 181 (Schools) . In satisfaction of Condition No .181 of the Resolution, Developer shall deliver to the Sweetwater Union High School District a 25-net usable acre graded junior (middle) high school site including utilities provided to the site and an all weather access road acceptable to the District prior to January 1, 2005. The all weather access road shall also be acceptable to the Fire Department. This schedule is subj ect to modification by the School District as based on District facility needs. 65. Condition No. 183 (PFFP) . In satisfaction of Condition No. 183 of the Resolution, Developer agrees to install all public facilities in accordance with the Village Eleven Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold standards adopted by the City. Developer acknowledges and agrees that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The Developer further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as may be amended from time to time by the City. Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.100) . 66. Condition No. 184 (Interim facilities). In satisfaction of Condition No. 184 of the Resolution, Developer agrees that the maintenance and demolition of all interim facilities (public facilities, utilities and improvements) is the Developer's responsibility, and that construction and demolition bonds will be required to the satisfaction of the City Engineer. 67. Condition No. 189 - (Annual review). In satisfaction of Condition No. 189 of the Resolution, Developer agrees that pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP) , and as they may be amended from time to time, the Developer shall complete the following: (1) Fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which 25 11 -47 Village ll, R-lS/l6 OR-627F SSAI October 2005 residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP /SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), Projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 68. Condition No. 192 (Transit Stop Facilities). In satisfaction of Condition No. 192 of the Resolution, Developer shall construct and secure, or agree to construct and secure, the construction of transit stop facilities as set forth in the PFFP. The schedule for constructing the transit stops shall be approved or determined by the City Engineer prior to approval of the aforementioned final map. Applicant shall design, subject to the approval of the City Engineer said transit stops in conjunction with the improvement plans for the related street. The City Engineer may require that Applicant provide security guaranteeing the construction of said transit stops in a form of cash or any other form approved by the City Engineer at his/her sole discretion. Since transit service availability may not coincide with project development, the Applicant shall install said improvements when directed by the City. 69. Condition No. 193 - (Phasing Plan). In satisfaction of Condition No. 193 of the Resolution, Developer agrees that any proposals to modify the Village Eleven SPA approved phasing plan, shall be submitted to the City for review and approval prior to approval of the first final "B" Map. The Developer further acknowledges and agrees that the PFFP shall be revised where necessary to reflect the revised phasing plan. 70. Condition No. 195 - (Phasing Plan). In satisfaction of Condition No. 195 of the Resolution, Developer agrees that if phasing is proposed within an individual map or through multiple final maps, the Developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any final map. Developer further acknowledges and agrees that improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. Developer acknowledges that the City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments, and that the City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of 26 11-48 Village 11, R-1S/16 OR-627F SSAI October 2005 improvement construction should conditions change to warrant such a revision. The Developer further agrees that the City Engineer may change the timing of construction of the public facilities. 71. Condition No. 196 - (Phasing 'Plan). In satisfaction of Condition No. 196 of the Resolution, Developer agrees that the Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. Developer acknowledges that the PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the Project area, that throughout the build-out of Village Eleven SPA, actual development may differ from the assumptions contained in the PFFP; and that neither the PFFP nor any other Village Eleven SPA Plan document grant the Developer an entitlement to develop as assumed in the PFFP, or limit the Village Eleven SPA's facility improvement requirements to those identified in the PFFP. Developer acknowledges that compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern Village Eleven SPA development patterns and the facility improvement requirements to serve such development. In addition, Developer acknowledges and agrees that the sequence in which improvements are constructed shall correspond to any future Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City and that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. 72. Condition No. 198 (Code Requirements). In satisfaction of Condition No. 198 of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Developer acknowledges and agrees that preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Developer further agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements. 73. Condition No. satisfaction of Condition agrees to pay the following and Council Policy: 199 No. 199 fees in (Code Requirements) . In of the Resolution, Developer accordance with the City Code a. The Transportation and Public Facilities Development Impact Fees. 27 11-49 Village 11, R-1Sj16 OR-627F SSAI October 200S b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Salt Creek Sewer Basin DIF. e. The Pedestrian Bridge DIF. f. The FIND Model reserve Fund Fee. Developer agrees to pay the amount of said fees in effect at the time of issuance of building permits 74. Condition No. 200 (Code Requirements). In partial satisfaction of Condition No. 200 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer agrees to be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 75. Condition No. 202 (Code Requirements). In partial satisfaction of Condition No. 202 of the Resolution, Developer agrees to comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 76. Condition No. 203 (Code Requirements). In partial satisfaction of Condition No. 203 of the Resolution, Developer agrees that all proposed development should be consistent with the Otay Ranch Village Eleven SPA Planned Community District Regulations. 77. Condition No. 204 (Code Requirements). In partial satisfaction of Condition No. 204 of the Resolution, Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities. finance plan implementation (19.09.090), and public facilities finance plan amendment procedures. 78. Condition No. 205 (Code Requirements). In partial satisfaction of Condition No. 205 of the Resolution, Developer acknowledges that the City amending its Growth Management Ordinance to add Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Developer acknowledges and agrees that said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for 28 11-50 Village 11, R-15/16 OR-627F SSAI October 2005 that development, and the Developer hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 79. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos. 1-5, 7, 11-17, 25-26, 2S, 30-32, 35, 36, 40, 43, 45, 46, 4S-51, 56-57, 60, 63, 69, 7S, 96, 99-100, 114, 116, 11S, 121-122, 124-125, 127, 129, 134, 135, 137, 139, 141, 145, 146, 14S, 150, 164, 172-177, 179, lSl, lS3, lS4, lS9, 192-193, 195-196, 19S-200, 202-205 of Resolution 2001-364. Developer further understands and agrees that the some of the provisions herein may be required to be performed or accomplished prior to the approval of subsequent final maps for the Project, as may be appropriate. 80. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by Resolution No. 2001-364 and shall remain in compliance with and implement the terms, conditions and provisions therein. Sl. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 82. Building Permits. Developer and Guest Builders understand and agree that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 83. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first -class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. 29 11-51 Village ll, R-lS/l6 OR-627F SSAI October 2005 CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Engineering DEVELOPER: Brookfield Shea Otay LLC 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014 Attn: Adam Pevney, Assistant Project Manager Tel: (858) 481-8500 A party may change such address for the purpose paragraph by giving written notice of such change other party in the manner provided in this paragraph. of this to the b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Attachments. and exhibits attached hereto into this Agreement. Any recitals set forth above are incorporated by reference f. Attorneys I Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 30 11-52 Village 11, R-1S/16 OR-627F SSAI [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] (H:\R-lS & 16\SSIA Revised Final Draft ( No Pages) .doc) 31 11-53 October 2005 Village ll, R-l5/lG OR-G27F SSAI October 2005 [PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA VISTA TRACT NO. 01-11 NEIGHBORHOODS R-1S AND R-16] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Mayor Attest: Susan Bigelow City Clerk Approved as to form: Ann Moore City Attorney [NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES] 11-54 Village 11, R-1S/16 OR-627F SSAI October 2005 [PAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA VISTA TRACT NO. 01-11 NEIGHBORHOODS R-15 AND R-16] DEVELOPERS/OWNERS: BROOKFIELD SHEA OTAY LLC, a California limited liability company By: Brookfield Otay LLC, a Delaware ~it~; ~")lity company, member BY:~~~ By: Name:~_"IJ n.6...U"""~ VIUl'j+u'J Name: e: ~;. &: By: Shea Otay Village 11, a California limited liability company, member By: Shea Homes Limited Partnership, P~:.:r)l:t~Member By: ~ By: a California limited .~ - ~ I Name: IOD Fo/JIAtJ^ Name: AJ...-e:i<A-r-'DC"I'::- Il:.--_ r><- I ~n',^,G'lt- ~Tl-tOlt.r; Z-e:J>- 40-E1~ (Attach Notary Acknowledgment) 11-55 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California } ss. County of San Diego On October 10, 2005, before me, Nicole Sutherland, Notary Public, personally appeared Ronald D. Grunow and E. Dale Gleed, IQ- -~;,,;.~ "I CommIuIon '# 11165413 I Notary Public. CaIIIomIa I - - - ~~~:~~ personally known to me to be the person whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. \I\A (1'1 'LL- W~VlfA~ . Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity Claimed by Signer Right Thumbprint of Signer Signer's Name: o Individual o Corporate Officer - Title: Vice President o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top oflhumb here Signer is Representing: 11-5 Ii '""'- ,"- ~,' State of California ) ) S.S. County of San Diego ) On October 10, 2005 before me, Theresa Gayle Grove, Notary Public, personally appeared Alexander Plishner and Tod Fontana personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. J J 7Ju'A~ <t;L <;h/}-<- l a THERESA GAYLE GROVL~ -lIl Comm. # 00118 III -iii NOrm PUBLIC .CAlJfOINL\ 1 SanOIegoC""~- ltyCO'lIIII. !.lI>/I"Junel, lOO9t 11-57 Village 11, R-15/16 OR-627F SSAI October 2005 EXHIBIT "A" PROPERTY DESCRIPTION Lots 1 through 126 together with Lots A through K of Chula Vista Tract No. 01-11, Otay Ranch Village 11 Neighborhoods R-15 and R-16, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. , Field in the Office of the County Recorder of San Diego County on 2005 as File No. of Official Records. 11-58 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT 01-11, OTAY RANCH VILLAGE l1,NEIGHBORHOODS R-15 AND R-16 WHEREAS, the Grant of Easements and Maintenance Agreement for Chula Vista Tract 01-11, Otay Ranch Village 11, Neighborhoods R-15 and R-16, sets forth the developers' obligation through the community association to maintain landscaping in the public right of way; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Grant of Easements and Maintenance Agreement for Chula Vista Tract 0 I- ll, Otay Ranch Village 11, Neighborhoods R-15 and R-16, 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 to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Sohaib Al-Agha City Engineer 11-59 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~j, t',4(~ Ann Moore City Attorney Dated: !Ih 1l.s- I I IV Grant of Easements and Maintenance Agreement for CVT No. 01-11, Otay Ranch Village 11, Neighborhoods R-15 and R-16 11-60 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency for less than a fee interest for which no cash consideration has been paid or received. (ABOVE SPACE FOR RECORDER'S USE) GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOODS R-15 AND R-16, Map No. TRELLIS AT WINDINGWALK (DEDICATED EASEMENTS) This GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT ("Agreement") is made as of this 4- day of C:t!-o~. , 20O;-by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and BROOKFIELD SHEA aT A Y LLC, a California limited liability company ("BSO, LLC"). RECITALS A. This Agreement concerns and affects certain improvements within portions of the real property located in Chula Vista, California, more particularly described in Exhibit" A" attached hereto and incorporated herein ("Property"). The Property is part of a planned residential development project commonly known as Windingwalk Planned Development (and also referred to as "Otay Ranch Village II "), Chula Vista Tract No. 01-11, being the subject of the City Council Resolution No. 2001-364 (the "City Resolution"). For purposes of this Agreement, the term "Project" shall refer to the overall Windingwalk Planned Development proj ect, including, but not limited to the "Property." B. BSO, LLC is the Declarant under that certain Master Declaration of Restrictions For Windingwalk filed or to be filed for record in the Official Records of San Diego County, California (the "Master Declaration"). BROOKFIELD aT A Y R 15/16 LLC, a Delaware limited liability company, 9128/05 -1- 11-61 012200-0064290996.1 ("Guest Builder") which has signed a Consent to this Agreement, is the owner of the Property. The Master Declaration provides for WINDINGW ALK MASTER ASSOCIATION, a California Nonprofit Mutual Benefit Corporation (":MHOA") to maintain certain areas in the Project. Furthermore, one or more sub-associations may be formed ("SHOA") for a particular project(s) within Windingwalk Planned Development, the purposes of which would include the maintenance of certain amenities within the project over which the SHOA has jurisdiction. C. The Property is or will become covered by that the certain final map(s) (the "Final Maps") described on Exhibit "A" attached hereto and referenced in the title to this Agreement. D. In order for BSO, LLC or Guest Builder to obtain the Final Maps and for the City to have assurance that the maintenance of certain areas within the Proj ect would be provided for, the City and BSO, LLC or Guest Builder entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which BSO, LLC agreed that maintenance of such areas shall be accomplished by the creation of a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those particular areas which were dedicated to the public on one or more of the Final Maps but which include landscaping improvements to be maintained by the :MHOA. The public areas to be maintained by the MHOA are collectively referred to as the "MHOAMaintained Public Areas." E. The City desires to grant to BSO, LLC easements forlandscape maintenance purposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in order to facilitate the obligations of BSO, LLC as set forth in Supplemental Subdivision Improvement Agreements, adopted pursuant to the City Resolution. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as set forth below. I. Grant of Easements. The City hereby grants to BSO, LLC and its agents, successors and assigns, non-exclusive easements and rights-of-way over and across the MHOAMaintainedPublic Areas for the purpose of maintaining, repairing and replacing landscaping improvements located thereon. These grants are made without any warranties of any kind, express or implied, other than the warranty stated in Paragraph 14(1) below. 2. Maintenance Obligations (a) BSO, LLC to Initially Maintain. BSO, LLC hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, those improvements within the MHOA Maintained Public Areas which are described on Exhibit "C" attached hereto, at a level equal to or better than the level of maintenance which is acceptable to the Director of Public Works Operations, at his/her discretion and equivalent to City or Community Facilities District maintained right-of-way facilities. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair, the provision of water and replacement obligations described herein and on Exhibit "C" hereto and shall also include repair and replacement at no cost to the 9128/05 -2- 11-62 012200-0064 290996.1 City of any City owned property that is damaged during performance of the maintenance responsibilities pursuant to this Agreement. Exhibit "e" also refers to the maintenance responsibilities of the City. (b) Transfer to MHOA. Upon BSO, LLC's transfer of maintenance obligations to the MHOA, (i) the MHOA shall become obligated to perform the obligations so transferred, and (ii) subject to the City determining that the requirements of Para graph 3 below have been satisfied, BSO, LLC shall be released from such obligation. Transfer of maintenance obligations to the MHOA may be phased (that is, there may be multiple transfers). BSO, LLC represents to City that it intends to, and has the authority to, unilaterally transfer said maintenance obligations either (i) to the MHOA and that such transfer has been provided for in the Master Declaration, and that such document( s) include the provisions described in Paragraph 3 (a)(ii) below, or alternatively (ii) to anew homeowners association (the "New Association") established for maintenance of the open space and thoroughfare median areas in the Property, and that such transfer shall be provided for in the declaration of restrictions (the "New Declaration") for the New Association, and that such document(s) shall include the provisions described in Paragraph 3(a)(ii) below. References below in this Agreement to the "Association" shall include the New Association and "Declaration" shall include the New Declaration ifBSO, LLC elects to form anew homeowners association for the Property. (c) Transfer By MHOA. The MHOA shall have the right to transfer Maintenance obligations to a sub-association ("SHOA") or to the owner of an apartment project ("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i) the Transferee shall become obligated to perform the obligations so transferred, (ii) the MHOA shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii) the MHOA shall be released from the obligations so transferred subject to the City determining that the requirements of Paragraph 4 below have been satisfied. Although it is possible that Maintenance obligations might be transferred to an apartment owner, BSO, LLC does not believe it is likely that Maintenance obligations will be transferred to an apartment owner. 3. Assilmment by BSO. LLC and Release of BSO. LLC (a) Assignment. Upon BSO, LLC's transfer of the Maintenance obligations to the MHOA, it is intended by the parties that the MHOA shall perform the Maintenance obligations either itself or by contractors. Such transfer will release BSO, LLC from its obligations only if all of the following occur: (i) MHOAAccents Obligation. The MHOAhas unconditionally accepted and assumed all of BSO, LLC's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations ofBSO, LLC under this Agreement. The assignment shall also have been approved by the appropriate governing body of the MHOA by resolution or similar procedural method and approved 9/28J05 -3- 11-63 012200-0064290996.1 as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) MHOA's Master Declaration. The City has confIrmed that there have been no modifications to the recorded Master Declaration previously approved by City, to any of the following provisions: the MHOA shall be responsible for the maintenance of the MHOA Maintained Public Areas, the MHOA shall indemnify City for all claims, demands, causes of action, liability or loss related to or arising from the maintenance activities, and the MHOA shall not seek to be released by City from the maintenance obligations of this Agreement, without the prior consent of City and one hundred percent (100%) of the holders of first mortgages or owners of the Property. (iii) MHOA Insurance. The MHOA procures and formally resolves to maintain at its sole cost and expense, commencing no later than the City's release of all ofBSO, LLC's landscape maintenance bonds, a policy of public liability insurance which at least meets the requirements of Section 5.1 (a) of the Master Declaration which reads as follows: (a) General Liability Insurance. The Master Association shall obtain a comprehensive general liability and property damage insurance policy insuring the Master Association and the Owners against liability incident to ownership or use of the Master Association Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best of "A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements the Master Association do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds; (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability." 9/28/05 -4- 11-64 012200.0064290996.1 This Section 5.1(a) may not be amended without the written consent of the City Planning Director or City Attorney. The MHOA shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. (b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, BSO, LLC shall be released from its obligations under this Agreement, including its security and insurance requirements. BSO, LLC acknowledges that it has a contractual obligation to perform the terms and conditions of this Agreement until and unless released by the City from this Agreement. At least sixty (60) days prior to such transfer, BSO, LLC shall give a notice to the City ofBSO, LLC's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3(a). 4. Assilmment by MHOA and Release of MHO A. (a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall perform the Maintenance obligations either itself or by contractors. Such transfer will release the MHOA from its obligations only if all of the following occur: (i) Transferee Acceots Obligation. The Transferee has unconditionally accepted and assumed all of the MHOA's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of the MHOA under this Agreement. lfthe Transferee is an SHOA, the assignment shall also have been approved by the appropriate governing body of the SHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) SHOA's Declaration of Restrictions. If the Transferee is an SHOA, the City has reviewed and approved the SHOA's recorded Declaration of Restrictions to confirm that said document contains appropriate maintenance and insuranceprovisions. (iii) SHOA Insurance. The Transferee procures and formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance which meets the requirements set forth in Paragraph 3 (a) (iii) above. The SHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in Paragraph 4( a) are fulfilled, the MHOA shall be released from its obligations under this Agreement, including its security and insurance requirements. At least sixty (60) days prior to such transfer, MHOA shall give notice to the City of MHO A's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 4(a). 9/28/05 -5- 11-65 012200..0064290996.1 5. BSO. LLC's Insurance. Until such time as the MHOAhas obtained the general liability insurance required by Section 5.1 (a) of the Master Declaration, BSO, LLC agrees to procure and formally resolves to maintain at its sole cost and expense, commencing no later than the date that the landscape architect of record has submitted a letter of substantial conformance pertaining to work being completed to the General Services Department and the General Services Department Director or his designee has deemed the work complete and satisfactory, a policy of public liability insurance that would include, but is not limited to the following: General Liability Insurance. BSO, LLC shall obtain a comprehensive general liability and property damage insurance policy insuring BSO, LLC against liability incident to ownership or use of the Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best "A, Class V" or better with modified occurrences and as admitted by Best's Insurance Guide. Such insura.'lce shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The City ofChula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements BSO, LLC do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds and; (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits ofliability." BSO, LLC shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. 6. Indemnity. BSO, LLC shall defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), that may be asserted or claimed by any person, firm, or entity because of or arising out of or in connection with the use, maintenance, or repair of the MHOA Maintained Public Areas. BSO, LLC shall not have any liability under this section by reason ofthe Transferee's failure to maintain. 7. Indemnity If Transferee. The document whereby BSO, LLC transfers a Maintenance obligation to a Transferee shall be signed by both BSO, LLC and the Transferee and shall set forth an express assumption of Maintenance and other obligations hereunder and shall include the following indemnification provision: Indemnitv. The Transferee shall defend, indemnify, and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, 9/28/05 -6- 11-66 012200-0064 290996.1 omissions, demands, liability, or loss of any sort (herein "claims or liabilities "), which result from the Transferee's failure to comply with the requirements of the obligations transferred hereby to Transferee. Transferee shall not have any liability under this Indemnity by reason of another party's failure to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This Indemnity may not be amended without the written consent of the City Director of Planning and Building or City Attorney. 8. Agreement Binding Upon Any Successive Parties. This Agreement shall be binding upon BSO, LLC and any successive Declarant under the Master Declaration. This Agreement shall be binding upon MHOA and any Transferees upon transfer of maintenance obligations to the MHOA or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. 9. Agreement Runs With the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest ofthe community and other parties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 10. Governinl! Law. This Agreement shall be governed and construed in accordance with the laws ofthe State of California. 11. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office. 12. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 13. Recordinl!. The parties shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved by the City Council. 14. Miscellaneous Provisions. (a) Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States mail, certified orregistered 9/28/05 -7- 11-67 012200-0064 290996.1 mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A partymay change such address for the purpose of this Paragraph by giving written notice of such change to the other party. IfTo City: CITY OF CHULA VISTA Department of Public WorkslEngineering Division 276 Fourth Avenue Chula Vista, CA 91910 Altn: City Engineer If To BSO, LLC: BROOKFIELD SHEA OTAY LLC clo Brookfield Otay LLC 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014 Attn: Mr. Dale Gleed With a Copy To: Brookfield Otay Rl5116 LLC 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014 Altn: Mr. Adam Pevney (b) Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. (c) Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire agreement and understanding between the parties regarding the subj ect matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, understandings and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. (d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. (e) Compliance With Laws. In the performance of its obligations under this Agreement, BSO, LLC, its agents and employees, shall comply with any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. 9/28/05 -8- 11-68 012200-0064 290996.1 (f) Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. (g) Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and dulyrecorded in the Official Records of the San Diego County Recorder's Office. (h) Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to person or circumstance, shall not be affected thereby and each term, covenant or condition shall be valid and be enforced to the fullest extent permitted by law. (i) Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting ofthis Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. CITY OF CHULA VISTA, a municipal corporation By: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk APPROVED AS TO FORM: By: Ann Moore, City Attorney 9/28/05 (rev.) 11-69 -9- 012200-0064 290996.2 BROOKFIELD SHEA OT A Y LLC, a California limited liability company By: Brookfield Otay LLC, a Delaware limited liability company, member By Its By: Shea Otay Village II, LLC, a California limited liability company, member By: Shea Homes Limited Partnership, a California limited partnership its Sole Member ent orized Agent CONSENT OF GUEST BUILDER: The undersigned, being the owner or soon to be the owner of the Property, hereby consents to this Agreement and to the recording of this Agreement. BROOKFIELD OT A Y R15/16 LLC, a Delaware limited liability company ~:~ ~~~ ~Jt~ ~/~ 7/ee~ Qn:;lIO'i 11-70 -10- 012200-0064290996.1 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On Ot:tobe.v' ~, 200 S, before me, t--UW\e. Su..-tv,u'laJv:l Notary Public in and for said State, personally appeared !<ov\ll.Lcl 1). ~VU..Y1.Ilu) a.>>..d. E... DaLL G,( l'ed personally known to me Ear preVia t6 113.6 6fl the basis ef slltisf4Gt"l) (J,iderwe) to be the person(s) whose name(s)+.lIare subscribed to the within instrument and acknowledged to me that.g8/~lIe/they executed the same in Iris/her/their authorized capacity(ies), and that by IHs.'H8f/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. ~------------J NICOLE SUTHERlAND _ ~ Commlalon" 1555413 ~ I ~ Notary PublIc . CaIKomla ! t _ _ _ ~~~:~2~ (Seal) Signature l;u l,fu.. ~ AJ..-w..u Lcwj . STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On (i :'< ,tkr ~) , 200 -..fL, before me, . c" , ~(~ ~' 'Oc l 1- :;:;J n Notary Public in and for said State, personally appeared . I;' '/ I b (n Ct. t:t \- X:'\f',ri" '( LO' PI is'l'\ Y\~(' WITNESS my hand and official seal. . Signature ........ "'" . &J-r:~/--J (Seal) QnllIO.c; 11-71 -11- n 1 ??tlO-OOn4 ?QOl)C)'; 1 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On ,200_, before me, Notary Public in and for said State, 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 acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that byhislher/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 (Seal) 9/28/05 11-72 -12- 012200-0064 290996.1 EXHIBIT "A" Lel!al Descriotion 11-73 anlltn<; fl1 ??ClOJ\f)N:! ')QOQQ,<; 1 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: A PORTION OF JOURNEY WAY AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 NEIGHBORHOODS R-15 AND R-16, ACCORDING TO MAP THEREOF NO. FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON , 2005 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. PARCEL A-1: A PORTION OF WANDER STREET AS DEDICATED TO PUBLIC USE ON SAID MAP NO. PARCEL A-2: A PORTION OF TRELLIS STREET AS DEDICATED TO PUBLIC USE ON SAID MAP NO. PARCEL A.3: A PORTION OF TRELLIS WAY AS DEDICATED TO PUBLIC USE ON SAID MAP NO. hZa4t2~ 7/27/2005 DAVID W. AMBLER L.S.7322 HUNSAKER & ASSOCIATES SAN DIEGO,INC. PAGE 1 OF 1 M:\0553\191\LegaIDiscrtptions\a01 Esmts & Main Neigh R-15 & R-16 .doc we 553-191 11-74 EXlllBIT "B" Plats Showing Public Areas To Be Privately Maintained 11-75 9/28/05 012200-0064 290996.1 EXHIBIT "B" CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOODS R-15 AND R-16 SHEET I OF 3 o 100 200 .300 ~ I I SCALE 1"=100' m AREA TO BE MAINTAINED BY lllill ASSOCIATION ~ ~ ~ ~ ~ ~ ~ 94 . '"" . . HUNSAKER & ASSOCIATES J AND I tea, 1 N c: f'lANNINC '101i9 tbmeIunI Street ENCNEERlNC .s.n D2p, Ca 9Z1Z1 SURVEYlNC PH{1IS&}SS&.4S00.fX(858)SS8-1414 R:\0671\.tAIap\Ha.I J.Wf{T" EX SHT OO.OWr;[ 127SjSep-OI-2005:1O:48 - W.O. 553-19/ 11-76 EXHIBIT "E" CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOODS R-15 AND R-16 SHEET 2 OF 3 o ~ '00 200 I SCALE '"=100' 300 I rnTIJ ARt:4 TO BE MAINTAINED BY ASSOClAnON ~ ~ ~ ~ ~ .r ~ ~ ~ n"j ~ El ~ ~~ ~~ ~~~ - . 5 A'N 0 I! C 0. I H C. ~NlNG 1lro'J tbmeIten5 Street ENClI'&IUNG SlnDiegv.u92"l21 SUR.VEY1NG PH(ssa)SSB-4SOO.fXfa58}558-1414 R:\0611\4d.lap\HOA !.WNr f)( SIfT OO.DWG[ 1275jSep-OI-2005:1O:48 - W.O. 553-191 ~ ~ . EXHIBIT "B" CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOODS R-15 AND R-16 SHEU J OF J o 100 200 ~ I SCALE '"-100' 300 I IITIiIl AREA TO BE MAINTAINED BY llillJJ ASSOCIAnON ~ <" ~ ~ ~ ...r ~ {$'~ ~ ~f 7 HUNSAKER & ASSOCIATES SAN DIECo, lHC PLANNING 101i9 Huemekl!nll Street ENCNBUNC San Diqo, Ca 9212'1 SURVEYlNC PH(8S8)SS8.4SOO.fX(aSS)SSll-1414 R:\0617\<tMap\HtM /MINT" EX SHT OO.DWG[ t275]s.p-Ot-2005:tO:48 - W.O. 553-19t EXHIBIT "C" Maintenance ResDonsibilities City of Chula Vista Area HOA Maintenance Maintenance Parkways within those Landscaping in the parkways Maintenance of curb, gutter, portions of those public road including irrigation, trimming sidewalks and pavement. shown on Exhibit "B" and pruning of trees, and maintenance and irrigation of turf areas, and maintenance of any project signage or similar project monumentation. 11-79 anlllfl.<; () 17100_0fI"'.<1 ?QOQQfi 1 COUNCIL AGENDA STATEMENT Item ) ~~ Meeting Date: 12/06/05 ITEM TITLE: A) Resolution Approving the Final Map of Chula Vista Tract No. 01-11, Otay Ranch Village II "A" Map No.3; accepting on behalf of the City of Chula Vista the various public streets and easements, all as granted on said map within said subdivision; acknowledging on behalf of the City of Chula Vista alllrrevocable Offers of Dedication for Open Space Lots granted on said map within said Subdivision and approving the various Subdivision Improvement Agreements for the project. B) Resolution Designating and setting aside of certain City- owned real property as right-of-way for street, public utility purposes and easements for sidewalks, slopes, drainage, sewer and access adjacent to Hunte Parkway. C) Resolution Approving the Grant of Easements and Maintenance Agreement for Otay Ranch Village II "A" Map No.3, establishing specific obligations and responsibilities for maintenance of private landscaping within public right-of-way and authorizing the Mayor to execute said Agreement. SUBMITTED BY: City Engineer ~ City Manager f ~ ]l~ (4/5ths Vote: Yes_NoX) REVIEWED BY: Tonight Council will consider the "A" map for the third phase of Otay Ranch Village 11, Windingwalk (see Exhibit I). The developer for the project is Brookfield Shea Otay, LLC ("BSO"). This map creates "super block" lots that will be further subdivided with "B" maps, see Exhibit 2. The development is primarily residential except for one planning area, S-2, which is currently zoned as a middle school. RECOMMENDATION: That Council adopt the resolutions approving: (A) the Final Map, Subdivision Improvement Agreement and the Supplemental Subdivision Improvement Agreement, and (B) the designating and setting aside of certain city-owned real property as right-of-way for street and public utility purposes, (C) the Grant of Easements and Maintenance Agreement. BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable 12-1 Page 2, Item Meeting Date: 12/06~ DISCUSSION: Council approved the Tentative Subdivision Map for Chula Vista Tract No. 01-11, Otay Ranch Village 11 by Resolution 2001-364 on October 23, 2001. Otay Ranch Village 11 is generally located south of Olympic Parkway between Hunte Parkway and Eastlake Parkway (see Exhibits 1 and 2). The final map for the subdivision consists of the following: Number of Lots for Final Map Number of Lots Open Space, Public Total Acreage Utilities/Public Uses Otay Ranch Village 11 11 4 151.441 acres "A" Map No.3 The final map for the subdivision has been reviewed by the Engineering Department and Department of Planning and Building and found to be in substantial conformance with the approved Tentative Map. Approval of the map constitutes acceptance by the City of all general utility and access easements, drainage and access easements, sewer easements, and landscape buffer and access easements, and sight visibility easements within the subdivision. Approval of the final maps also constitutes acceptance, on behalf of the public, of the following streets: FINAL MAP DEDICATED STREETS Otay Ranch Village 11 "A" Map Portions of Discovery Falls Drive, Exploration Falls Drive, Crossroads Street, No.3 Eastlake Parkwav and of Hunte Parkwav All open space lots on the map are irrevocably offered to the City. With the approval of the map, the City acknowledges the offer of dedication of said lots. Only those open space slopes adjacent to Hunte Parkway and Eastlake Parkway will be maintained by the City via CFD-09M, all other open space lots will be maintained by the Home Owner's Association (HOA) for Village 11. Section 7050 of the Government Code of the State of California provides that an offer of dedication shall remain open and subject to future acceptance by the City should the City ever want to accept the HOA open space lots. The following agreements have been reviewed by staff and are ready for Council approval. The City Attorney has approved the agreements as to form. Supplemental and Subdivision Improvement Agreements for Otav Ranch Village 11 "A" Map No.3 The Agreements (see Attachments A and B) provide for the construction of the required improvements for the project. Of note are the required Public Facilities Financing Plan improvements the developer has agreed to construct, including: . Eastlake Parkway, from south of Birch Road to Hunte Parkway, . Hunte Parkway, the SDG&E easement to Eastlake Parkway, . Internal backbone improvements, . Subdivision monumentation. 12-2 Page 3, Item Meeting Date: 12/06/05 Funds have been set aside in Community Facilities District No. 071 (CFD-07I) for the widening of Otay Lakes Road, between Telegraph Canyon Road and East H Street in partial satisfaction of Tentative Map conditions. Additional funds are proposed to be set -aside in the second bond sale for CFD-071 currently scheduled for the first quarter of 2006. Citv-Owned Real Propertv as Right-Of-Wav and Various Easements Portions of City-owned property, south of Village 11 are proposed to be designated as right-of-way, sidewalk, slope, sewer and storm drain easements as shown on the approved Tentative Map for the project. Tonight's action will provide for the recordation of easements over City property such that future owners, either university or alternate land uses, will clearly understand where current utilities are located (see Attachment C and the table below for locations). Itv- wne arce s to e et- Sl e Location Pornose Area (Ac.) Map Kev Parcel A Right of Way 6.591 A EXIBIT A-I City-Owned Parcels Parcel B Sidewalk Easement 0.965 B Parcel C Slope Easement 11.098 C Parcel A Drainage & Access Easement 0.162 D EXIBIT A-2 Parcel B Drainage & Access Easement 0.65 D City-Owned Parcels Parcel C Drainage & Access Easement 0.085 D Parcel D Drainage & Access Easement 0.193 D EXIBIT A-3 Parcel A Sewer & Access Easement 1.074 E City-Owned Parcels Parcel B Sewer & Access Easement 0.368 E C' 0 dP I b S A"d Grant of Easements and Maintenance Agreement This agreement and grant of easements provides the terms and obligations of the developer to maintain portions of landscaping within the public right-of-way (see Attachment D). The obligation will be assigned to the HOA after the landscaping has been established and turned over to the HOA to maintain. PAD Fees Brookfield Shea Otay, LLC has previously met their initial developed parkland obligation through the dedication of the neighborhood park site (Windingwalk Park) located within the first "A" Map for the project. Park construction documents are prepared for the site and construction should begin in the coming weeks. Additional developed parkland obligation will be met through the payment of in lieu fees at each subsequent "B" Map. Environmental Review The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the Final Map was adequately covered in previously adopted Final Second Tier EIR (EIR 01-02), for the Otay Ranch General Plan AmendmentsNillage 11 Sectional Planning Area Plan, and Conceptual Tentative Map. Thus, no further environmental review or documentation is necessary. 12-3 Page 4, Item Meeting Date: 12/06t.Q2, FISCAL IMPACT: None to the General Fund. All staff costs associated with processing of the improvement plans, final maps and associated agreements will be reimbursed from the developer's deposits. Exhibits: 1. Location plat for Otay Ranch Village II Project 2. Plat for Otay Ranch Village 11 "A" Map No.3 3. Developer's Disclosure Statement A. Subdivision Improvement Agreement B. Supplemental Subdivision Improvement Agreement C. Designating and Setting Aside of Certain City-Owned Real Property as Right-of-Way D. Grant of Easement and Maintenance Agreement Attachments: J :\EngineerIAGENDAICAS2005111-22-0510R-623F CAS.doc 12-4 ATTACHMENT ( Otay Ranch Village 11 CD _'10 ..... Brookfield Shea Ob.7. u.c 12-5 2. CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 "A" MAP NO. 3 10 o 500 1000 ~ I SCALE 1"= 500' . HUNSAKER ~~~9f~TE5 IUNNR<C ""'" ......... ..... ENlHEIINC Son """" C& 92121 SUIMY1NC __. -,.,. - - . " ~ 1500 I ~, P'J; ~\,~ -.- .~-- ---- - -- ~ -=- HMENT ellY Of CHUIA VISTA Planning & Building Department Planning Division I Development Processing APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Brookfield Shea Otav LLC Brookfield Otav LLC Shea Otav VillaQe 11. LLC Shea Homes Limited Partnership 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. N/A 3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. Hunsaker & Assoc. (Frank Coolev) Brookfield Otav LLC ( Ron Grunow) GMP f.k.a. Gillespie Desiqn Group ( Rob Streza ) 5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes D- No!8L- If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No ~ Yes 0 If yes, which Council Member? 276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101 12-7 ~\~ -.- . -- -- =- - Planning & Building Department Planning Division I Development Processing em OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official"" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes D-- No [8]_ If Yes, which official"" and what was the nature of item provided? Date: 10/4/2005 ,8~A'f~/d:. SMa. v~~<:::-C' ~~~~~~ Signature of Contractor/Applicarff Ronald D. Grunow. P.E. Yr Print or type name of Contractor 1 Applicant " Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. "" Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101 12-8 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 "A" MAP NO.3; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS PUBLIC STREETS AND EASEMENTS; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH, VILLAGE 11 "A" MAP NO. 3 WHEREAS, Developer Brookfield Shea Otay has submitted an A Map for the third phase of Otay Ranch Village 11; and WHEREAS, developer has executed a Subdivision Improvement Agreement to install public facilities associated with the project; and WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolution No. 2001-364. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract 01-11, Otay Ranch Village 11 "A" Map No.3, and more particularly described as follows: Being a subdivision of Lots A of Chula Vista Tract No. 01-11, Otay Ranch Village 11 "A" Map No.2, in the City of Chula Vista, State of California, according to map thereof No. 14780, filed in the Office of the County Recorder of San Diego County on April 30, 2004: Area: 151.441 Acres Numbered Lots: 11 Open Space Lots: 4.272 Acres No. of Lots: 15 Lettered Lots: 4 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision ofland shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, that the City Council accepts on behalf of the public the public streets, to-wit: portions of Discovery Falls Drive, Exploration Falls Drive, Crossroads Street, Eastlake Parkway and Hunte Parkway, and said streets are hereby declared to be public streets and dedicated to the public use all as shown on Otay Ranch Village 11 "A" Map No.3 within said subdivision. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista the sewer and storm drain, landscape buffer and sidewalk, sight visibility, and general utility and access easements all shown on Otay Ranch Village 11 "A" Map No.3 within said subdivision. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "B" through "EO' 12-9 Resolution 2005- Page 2 for open space and other public purposes all as shown on Otay Ranch Village 11 "A" Map No.3 within said subdivision. BE IT FURTHER RESOLVED the City Council of the City of Chula Vista does hereby approve certain Subdivision Improvement Agreement dated , 2005 for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk. BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-11, Otay Ranch, Village 11 "A" Map No.3, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as therefore stated and that the Irrevocable Offer of Dedication of the fee interest of said lots be acknowledged, and that those certain easements as granted on Otay Ranch Village II "A" Map No. 3 within said subdivision are accepted on behalf of the City of Chula Vista as hereinabove state. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~:,~ Sohaib AI-Agha City Engineer 12-10 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dated: 11130105 SUBDIVISION IMPROVEMENT AGREEMENT FOR OT A Y RANCH VILLAGE 11, (CVT 01-11) - A MAP NO.3 12-11 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of ,2005, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and BROOKFIELD SHEA OTAY LLC, a California limited liability company, 12865 Pointe Del Mar, Suite 200, Del Mar, CA 92014, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, afmal subdivision map of a proposed subdivision, to be known as OTA Y RANCH, VILLAGE 11 "A" MAP, NO. 3 (CVT 01-11) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is fmally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and -1- 12-12 WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 2001-364, approved on the 23rd day of October, 2001 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as set forth on Exhibit "A" hereto and on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount TWO MILLION SIX HUNDRED EIGHTY THOUSAND DOLLARS AND NO CENTS ($1,680,00.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done. and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefore all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 1 2.z1 3 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE MILLION THREE HUNDRED FOURTY THOUSAND DOLLARS AND NO CENTS ($1,340,00.00) which security shall guarantee the faithful performance of this contract by Subdivider as shown in Exhibit "A" and is attached hereto, and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE MILLION THREE HUNDRED FOURTY THOUSAND DOLLARS AND NO CENTS ($1,340,00.00) to secure the payment of material and labor in connection with the installation of said public improvements, as shown in Exhibit "A", which security is attached hereto, and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FOURTY FIVE THOUSAND DOLLARS AND NO CENTS ($45,000.00) to secure the installation of monuments, as shown in Exhibit "A" and which security is attached hereto, and made a part hereof. 9. . It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. .....- 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. -3- 12-14 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or eIT;ployees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State i>fCalifornia. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. (J:\Engineer\LANDDEV\Projects\Otay Ranch Village 11 \A Map No. 3\SlA Map No. 3.doc) 12-zj15 SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT OTAYRANCH, VILLAGE 11 "A" MAP. NO.3 (CVT 01-11) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Stephen C. Padilla, Mayor ATTEST Susan Bigelow, City Clerk Approved as to form by Ann Moore, City Attorney BROOKFIELD SHEA OT A Y LLC, a California Limited Liability Company By: Brookfield Otay LLC, " Od,"~ Umiocd Uobili<y Compmy, momhcr ~ B~~ By: ~ Ai Nam~.,.fi' a aUI?~~A. Name: E. V. f~ul t1fl" }/t't"$'. By: Shea Otay Village II, a California Limited Liability Company, member :: S~iD~iP'"~lifO:',2cp:Ol'M=:cr ---r . " ./> j Name: / u d J'b)~1 (L--Y) c"--- /:t~ 1}1Lnl d Iyrl Name: ,A-i-e;"'~-Vi-;>l2:it- L. A-<^-n-t 0 l"Z.- I "ZG)> (Attach Notary Acknowledgment) -5- 12-16 A-~T PC--t.s.H~ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California }ss. County of San Diego On October 7, 2005, before me, Nicole Sutherland, Notary Public, personally appeared Ronald D. Grunow and E. Dale Gleed, ~------------~ @ NICOLE SUTHERlAND Commission (I 1555413 i.; Notary Public. California ~ j SOn Diego County d _ _ _ ~:o:m:..~es~~2~2 personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. VU (]lL X\/.. 4--W.l t ~ " Place Notary Seal Above Signature of Notary Public 12-17 State of California ) ) S.S. County of San Diego ) On October 7,2005 before me, Theresa Gayle Grove, Notary Public, personally appeared Alexander Plishner and Tod Fontana personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. -71uL ( Jt'c , /l. (' ""Jai..!/ " _ J ?Iu:'~ , /, l~rHERESA GAYLE GROYE ~ -Ul Comm. # 1585111 Ul -. NOTAR'lPllllIC.CAliIOIHJA ~ . SOnllleooc",~- My CO!lIfII. &pus .kin. 5. 20091' 12-18 EXHIBIT "A" TO SUBDIVISION IMPROVEMENT AGREEMENT FOR OTA Y RANCH VILLAGE 11 "A" MAP NO.3 (CVT 01-11) LIST OF BONDS Improvement Security - Faithful Performance: Form: Bond, No. 2165949 Amount: $1,340,000.00 Improvement Security - Material and Labor: Form: Bond, No. 2165949 Amount: $1,340,000.00 Improvement Security - Survey Monuments: Form: Bond, No. 2169366 Amount: $45,000.00 Securities approved as to form and amount by Ann Moore, City Attorney Improvement Completion Date: Two (2) years from date of Council approval of the Subdivision Improvement Agreement (J:\Engineer\LANDDEV\Projects\Otay Ranch Village 11 \A Map No. 3\SIA Map No. 3.doc) 12""'619 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dated: 11/30105 SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OT A Y RANCH VILLAGE 11, (CVT 01-11) - A MAP NO.3 12-20 RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA VISTA TRACT NO. 01-11 A MAP NO. 3 (Conditions 1-5, 7, 11-17, 25-28, 30-32, 35, 36, 40, 43, 45, 46, 48-51, 55-57, 60, 63, 69, 76-78, 85, 86, 96, 109, 116, 129, 131, 132, 134, 135, 141, 145, 146, 148-150, 151, 155, 164, 172, 174- 177, 179, 180, 183, 184, 185, 189, 192, 193, 195, 196-200, 202-205 of Resolution 2001-364) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of , 2005, by and between THE CITY OF CHULA VISTA, California ("City" for recording purposes only) and the signatories to this Agreement, BROOKFIELD SHEA OTAY LLC, a California Limited Liability Corporation ("Developer" or "Owner"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is Phase III of approved Tentative Subdivision Map Chula Vista Tract 01-11 Otay Ranch Village Eleven, commonly known as Windingwalk. For purposes of this Agreement the term "Project" shall also mean "Property". B. "Owner" or "D$veloper" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's successors-in-interest and assigns of any property within the boundaries of the Property. 1 OR-623F 12-21 Village 11, A Map #3 OR-623F SSAI October 2005 C. Developer and/or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 01-11 ("Tentative Subdivision Map" or "Tentative Map") for the subdivision of the Property. D. The City has adopted Resolution No. 2001-364 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E. Developer has requested the approval of the third and final "A" Map for the proj ect ("Third Final Map"). Certain conditions of approval of the Tentative Subdivision Map requires Developer to enter into an agreement with the City prior to approval of the Third Final Map for the Proj ect. Said agreement shall run with the entire land contained within the Project. F. Ci ty is willing, on the premises, security, conditions herein contained to approve the Final Map Developer has applied and Developer has agreed to the conditions set forth herein. terms and for which terms and G. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. "Complete Construction" shall construction of the improvements have been been inspected and accepted by the City. mean that the completed and have b. "Guest Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. c. "SPA Plan" means the Otay Ranch Village Eleven Sectional Planning Area Plan as adopted by the City Council on October 17, 2001 pursuant to Resolution No. 2001-363. d. "PFFP" means the Otay Ranch Village Eleven Public Facilities Financing Plan adopted by Resolution No. 2001-363, and as may be further amended from time to time. e. "FSEIR 01-02" means Final Subsequent Environmental Impact Report and its attendant Addendum for the Otay Ranch General Development Plan Amendments/Village Eleven Sectional Area Plan and Conceptual Tentative Map. f. "Improvement Plans" means all the onsi te and 2 12-22 Village 11, A Map #3 OR-623F SSAI October 2005 offsite improvements required to serve the lots created by the Final Map, in accordance with improvement plans to be approved by the City. Said improvements shall include, but not limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed and potable water utilities, drainage facilities, street lights, signage, landscaping, irrigation, fencing and fire hydrants. NOW, THEREFORE, in exchange for the mutual covenants, and conditions herein contained, the parties agree as set below. terms forth 1. Agreement Applicable to Subsequent Owners. a. Agreement Binding Up~n Successors. This Agreement shall be binding upon and Inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described on Exhibit "A" until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefi t of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curin'g of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the Guest Builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the Guest Builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its 3 12-23 Village 11, A Map #3 OR-623F SSAI October 2005 obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot (s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association; iii. The conveyance of a school site as identified in the SPA Plan to a school district; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the Ci ty Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 2 . Condi tion No. 1 - (Agreemen t to all terms, covenants and conditions). In satisfaction of Condition No. 1 of the Resolution, Developer agrees to all of the terms, covenants and conditions contained herein shall that binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 3. Condition No. 2 - (Requirements and guidelines). In satisfaction of Condition No. 2 of the Resolution, Developer agrees to comply with all requirements and guidelines of the City 4 12-24 Village 11, A Map #3 OR-623F SSAI October 2005 of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; FSEIR # 01-02; Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan and supporting documents including: Village Eleven Public Facilities Finance Plan; Village Eleven Parks, Recreation, Open Space and Trails Plan; Village Eleven SPA Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 4. Condition No.3 (City's Right to Revoke or Modify Approvals). In satisfaction of Condition No. 3 of the Resolution, if any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 5. Condition No.4 - (Hold City Harmless). In satisfaction of Condition No. 4 of the Resolution, Developer agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 6. Condition No. 5 - (Comply with SPA Conditions). In satisfaction of Condition No. 5 of the Resolution, the Developer agrees to comply with all applicable Village Eleven SPA conditions of approval, (PCM 99-15) as may be amended from time to time. Developer further agrees as follows: a. To implement the final Otay Ranch Village Eleven Air Quality Improvement Plan (AQIP) approved measures and include the measures as part of the proj ect. The Developer further: 5 12-25 Village 11, A Map #3 OR-623F SSAI October 2005 i. Agrees to comply and remain in compliance with the AQIP; ii . Waives any claim that adoption of the final AQIP constitutes an improper subsequent imposition of the condition; iii. Acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available; and iv. Agrees prior to or concurrent with each Final Map for the Project to modify the AQIP to incorporate those new measures, which are in effect at the time. Developer further acknowledges that the new measures shall apply, as applicable, to development wi thin all future final map areas, but shall not be retroactive to those areas which receive final map approval prior to effect of the subject new measures. b. To implement the final Otay Ranch Village Eleven Water Conservation Plan (WCP) approved measures and include the measures as part of the Project. The Developer further: i. Agrees to comply and remain in compliance with the WCP; ii. Waives any claim that the adoption of a final WCP constitutes an improper subsequent imposition of the condition; iii. Acknowledges that the City Council may, from time-to-time, modify water conservation measures related to new development as various technologies and/or programs change or become available; and 4) agrees prior to or concurrent with each final map for the Project to modify the WCP to incorporate those new measures, which are in effect at the time. Developer further acknowledges that the new measures shall apply to development within all future final map areas, but shall not be retroactive to those areas which received final map approval prior to effect of the subject measures. 7. Condition No. 7 - (Agreements) . In satisfaction of Condition No. 7 of the Resolution, the Developer agrees that any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. 8. Condition No. 11 (Conveyance Agreement). In satisfaction of Condition No. 11 of the Resolution, Developer hereby agrees to comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by 6 12-26 Village 11, A Map #3 OR-623F SSAI October 2005 Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement") 9. Condi tion No. 12 (Olympic Parkway Agreement). In satisfaction of Condition No. 12 of the Resolution, Developer hereby agrees that if any of these conditions conflict with the Olympic Parkway Financing and Construction Agreement approved by Council Resolution 19410, the Olympic Parkway Financing and Construction Agreement shall control. 10. Condition No. 13 - (Environmental). In satisfaction of Condition No. 13 of the Resolution, Developer hereby agrees, to implement, to the satisfaction of the Director of Planning and Building, all environmental impact mitigation measures identified in Final EIR 01-02 (SCH#200l03ll20), the candidate CEQA Findings and Mitigation Monitoring and Reporting Program (Final EIR 01-02) for this Project. 11. Condi tion No. 14 - (Other Agencies) . In satisfaction of Condition No. 14 of the Resolution, Developer hereby agrees to comply with all applicable requirements of the California Department of Fish and Game, the California State Water Resources Quality Control Board, the U.S. Fish and Wildlife Service and the U. S. Army Corps of Engineers. Prior to any acti vi ty that may potentially impact biological resources, such as clearing and grubbing, the Developer agrees to comply with all applicable requirements prescribed in the Otay Ranch GDP/Village Eleven Environmental Impact Report EIR 01-02 (SCH#200l03ll20), and Mitigation Monitoring and Reporting Program. 12. Condition No. 15 (U. S . Fish and Wildlife/Fish and Game) . In satisfaction of Condition No. 15 of the Resolution, Developer hereby agrees, to comply with the Project's take permit/authorization from the U.S. Fish and Wildlife Service and California Department of Fish and Game, and comply with the City of Chula Vista MSCP Subarea Plan. 13. Condition No. 16 - (RMP). In satisfaction of Condition 16 of the Resolution, Developer hereby agrees that prior to the approval of each final "B" map Developer shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource Management Plan (RMP2) as approved by City Council on June 4, 1996, and as may be amended from time to time by the City. 14. Condition No. 17 - (Preserve Conveyance Schedule). In satisfaction of Condition No. 17 of the Resolution, Developer hereby agrees to comply with the requirements and policies of the Otay Ranch Resource Management Plan "Preserve Conveyance 7 12-27 Village 11, A Map #3 October 2005 OR-623F SSAI Scheduleu as approved by City Council on June 4, 1996, as may be amended from time to time. 15. Condition No. 25 (Final "Bu Maps). In satisfaction of Condition No. 25 of the Resolution, Developer hereby agrees to ensure that all "BU Maps shall be in substantial conformance with the related approved final "AU Map. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the first Final "Bu Map. 16. Condition No. 26 - (Future Open Space Lots for Slopes) . In partial satisfaction of Condition No. 26 of the Resolution, Developer hereby agrees that prior to approval of the first final "BH map within Phase 3, the developer shall submit and obtain the approval of the City of a master final map ("A" Map) over the portion of the tentative map wi thin each area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "AU Map. All "super block" lots created by this "AU Map or parcel map shall have access to a dedicated public street. Upon approval of site plans not yet finalized with the recordation of this agreement for lots within "AU Map No.3, Lot Line Adjustments or Parcel Maps shall be processed to create open space lots necessary to maintain slopes within determination of future open space lots for slopes wi thin "AH Map No.3, and to locate property lines at the top of said slopes. 17. Condition No. 27 - (Multi-Family). In satisfaction of Condi tion No. 27 of the Resolution, Developer agrees that the subsequent development of a multi-family lot which does not require the filing of a "BH map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer. 18. Condition No. 28 (Oversized Improvements). In satisfaction of Condition No. 28 of the Resolution, Developer agrees that in the event of a filing of a final 'B' map which requires oversizing of the improvements necessary to serve other properties within the Project, said final map shall be required to install all necessary improvements to serve the project plus 8 12-28 Village 11, A Map #3 OR-623F SSAI October 2005 the necessary oversizing of facilities required to serve such other properties (in accordance with the restrictions of state law and City ordinances) . 19. Condition No. 30 (Slope Landscaping) . In satisfaction of Condition No. 30 of the Resolution, Developer agrees that in addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet of slope area, one 1-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Director of Planning and Building prior to approval of the appropriate final map. 20. Condition No. 31 (Slope Landscaping). In satisfaction of Condition No. 31 of the Resolution, Developer agrees that public residential street parkways shall be no less than 7.5 feet in width for the planting area. The Applicant shall plant trees within said parkways which have been selected from the list of appropriate tree species described in the Village Eleven Design Plan and approved by the Directors of Planning and Building, Parks and Recreation and Public Works. The Applicant shall provide root barriers and deep watering irrigation systems for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. As a condition of approval of each final map for the applicable neighborhood, the Applicant shall be required to submit Improvement Plans for the residential street parkways for review and approval by the City Engineer, Director of Parks and Recreation and Director of Planning and Building. 2l. Condition following: Condition No. 32 - (Street Trees). In satisfaction of No. 32 of the Resolution, Developer agrees to the a. The Developer shall install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Street trees, which have been selected from the revised list of appropriate tree species described in the Village Design Plan, shall be approved by the Director of Planning and Building and Director of Engineering. b. Prior including but to not the installation of limited to cable, any dry utilities, telephone, gas or 9 12-29 Village 11, A Map #3 OR-623F SSAI October 2005 electric lines, Developer agrees to complete preliminary street improvement plans that show the location of all future street trees, which will be subject to the review and approval of the Director of Building and Park Construction and the Director of Planning & Building. Prior to any utility installation, wood stakes shall be placed by the Developer on site according to approved preliminary street tree plans and shall be painted a bright color and labeled as future street tree location. Developer further agrees to provide City documentation, acceptable by the Director of Building and Park Construction and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Developer will maintain street tree identification stakes in location as shown on approved preliminary plans until all dry utilities are in place. c. The Developer shall provide root control methods per the requirements of the Director of Planning and Building, and provide a deep watering irrigation system for the trees. d. A street tree improvement plan shall be submitted for review and subj ect to the approval of the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. 22. Conditions No. 35 (PFFP). In satisfaction of Condi tion No. 35 of the Resolution, Developer agrees to install public facilities in accordance with the Otay Ranch Village Eleven SPA, Public Facilities Finance Plan (PFFP) as may be amended from time to time or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. Developer acknowledge that the City Engineer and Director of Planning and Building may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. 23. Conditions No. 36 (Public Improvements). In satisfaction of Condition No. 36 of the Resolution, Developer agrees to dedicate for public use all the public streets shown on the tentative map wi thin the subdivision boundary. Developer further agrees to construct and secure all street improvements as required by the PFFP, for each particular phase, as may be amended from time to time. The Developer further agrees to 10 12-30 Village 11, A Map #3 OR-623F SSA: October 2005 construct the public improvements and provide satisfactory to the City Engineer and City Attorney. security 24. Condition No. 40 (Improvement Construction). In satisfaction of Condition No. 40 of the Resolution, Developer agrees to secure in accordance with Section 18.16.220 of the Municipal Code, the construction and construct full street improvements for all on-site and off-site streets as identified in the Otay Ranch Village Eleven SPA, PFFP, as may be amended from time to time as deemed necessary to provide service to the Project. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utili ties, drainage facili ties, street lights, traffic signals, signs, landscaping, irrigation, fencing and fire hydrants. Street light locations shall be subject to the approval of the City Engineer. Developer further agrees to construct certain pedestrian safety improvements, as determined by the City Engineer, at one or more of the following locations: where Crossroads Street and Windingwalk Street cross the Paseo and also cross the SDG&E/Water Authority Easements, at the entrance to the MU-l site from Birch Road, and at the entrance to R-19/S-2 from Crossroads Street. Said improvements shall include, but not be limited to, traffic signals, flashing beacons and/or stop signs, as warranted by a study funded by the developer and performed by May 1, 2007 and approved by the City Engineer. 25. Condi tion No. 43 and 46- (Street Improvements). In partial satisfaction of Conditions No. 43 and 46 of the Resolution, Developer agrees to construct and secure, in accordance with Section 18.16.220 of the Municipal Code, the required street improvements listed below and pursuant to Exhibit UB" per the PFFP and/or Specific Planning Area Triggers as may be amended from time to time. . Hunte Parkway, North of SDG&E easement to Eastlake Parkway . Fully Activated Traffic Signals: o Hunte Parkway and Eastlake Parkway o Hunte Parkway at Discovery Falls Drive o Hunte Parkway at Exploration Falls Drive o Eastlake Parkway at Crossroads Street o Eastlake Parkway at MU-1 Entrance 26. Condition No. 45 (PFDIF). In satisfaction of Condition No. 45 of the Resolution, Developer agrees to participate in the funding of revisions of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the City Manager or his designee and subject to the approval of the City Council and Developer will receive appropriate credit for such participation. 11 12-31 Village 11, A Map #3 OR-623F SSAI October 2005 27. Condition No. 48 - (Fire). In partial satisfaction of Condition No. 48 of the Resolution, Developer agrees to comply wi th the Fire Department's codes and policies for Fire Prevention, as may be amended from time to time. Developer further agress that prior to the issuance of any building permit (s) for the Project, to provide the following items prior to delivery of combustible materials on any construction site on the Project: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal; and b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet; and c. Street signs installed to the satisfaction of the Department of Public Works. Temporary street signs shall be subject to the approval of the Department of Public Works and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the Department of Public Works and Fire Department. 28. Conditions No. 49 (Construction Timinq). In satisfaction of Condition No. 49 of the Resolution, Developer agrees to obtain the approval of the City's Fire Marshal for the timing of construction of all internal streets in the Project. 29. Conditions No. 50 - (Fire Hydrants). In satisfaction of Condi tion No. 50 of the Resolution, Developer agrees that in addition to those fire hydrants depicted on the tentative map, the Developer shall install additional fire hydrants upon request and to the satisfaction of the Fire Department. 30. Conditions No. 51 - (Turnaround). In satisfaction of Condition No. 51 of the Resolution, Developer agrees to construct a temporary turnaround or street improvements, upon the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 150 ft. in length (as measured from the nearest street centerline intersection) . 31 . Condi tions No. 55 satisfaction of Condition No. agrees that prior to approval school site (S-l, S-2) for (School Site) In 55 of the Resolution, of all final maps which the Project, Developer partial Developer include a agrees to 12 12-32 Village 11, A Map #3 OR-623F SSAI October 2005 construct and secure to the satisfaction of the City Engineer, the following improvements: a. All necessary improvements for providing ingress and egress to each school site. This requirement shall also include but is not limited to any required modification to medians, storm drainage system, street lights, and irrigation improvements; and, b. If warranted and upon the request of the City Engineer, traffic signal improvements for providing vehicular ingress and egress to the School sites. 32. Conditions No. 56b and 179 - (No Protest LRT Assessment Formation). In partial satisfaction of Conditions No. 56 and 179 of the Resolution, Developer agrees to not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. 33. Condition No. 57 - (ADA). In satisfaction of Condition No. 57 of the Resolution, Developer agrees to construct sidewalks and construct pedestrian ramps on all walkways to meet "Americans wi th Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 34. Condition No. 60 - (Private water in public street) In satisfaction of Condition No. 60 of the Resolution, Developer agrees to not install privately owned water, reclaimed water, or other utilities crossing any public street. Developer further acknowledges and agrees that the installation of sleeves for future construction of privately owned facilities may be allowed subject to the review and approval of the City Engineer if the following is accomplished: a. The Developer enters into an agreement with the City where the Developer agrees to the following: i. Apply for an encroachment installation of the private facilities public right-of-way; and, ii. Maintain membership in an advance notice such as the USA Dig Alert Service; and, iii. Mark out any private facilities owned by the Developer whenever work is performed in the area; and, permit within for the 13 12-33 Village 11, A Map #3 OR-623F SSAI October 2005 iv. The terms of this agreement shall be binding upon the successors and assigns of the Developer. b. Shutoff devices are provided at those traverse public streets. as determined by the City Engineer locations where private facilities 35. Condition No. 63 - (Street Name Signs). In satisfaction of Condition No. 63 of the Resolution, Developer agrees to install permanent street name signs prior to the issuance of the first building permit for the applicable final map. 36. Condition No. 69 - (LOMR). In satisfaction of Condition No. 69 of the Resolution, Developer agrees that prior to transfer of responsibility of maintenance of any basins on the Project and release of the grading bond, to obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program Maps to reflect the effect of the drainage improvements. Developer acknowledges and agrees that it shall be the responsibility of the Developer to revise the flood plain map to reflect all modifications and to ensure that no proposed lot will be created in said flood plain. 37. Condition No. 76 - (Pad Elevations). In satisfaction of Condition No. 76 of the Resolution, Developer agrees that all grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Director of Planning and Building. 38. Condition No. 77 - (Drainage & Access Easements). In satisfaction of Condition No. 77 of the Resolution, Developer agrees to grant on the appropriate final "B" map a 15 feet minimum drainage and access easement for public storm drain lines located between residential units unless otherwise directed by the City Engineer. All other public easements shall meet City standards for required width. 39. Condition No. 78 (NPDES) . In satisfaction of Condition No. 78 of the Resolution, Developer agrees to comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Developer furthe~ agrees to file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N. P. D. E. S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading 14 12-34 Village 11, A Map *3 OR-623F SSAI October 2005 acti vi ties. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The Developer further agrees to comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling unita. The Developer shall design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. The San Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01). The permit includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development. The Developer agrees to comply with all relevant City regulations, when they become effective, including but not limited to incorporation into the design and implementation of the Project temporary and permanent structural Best Management Practices and non-structural mitigation measures that would reduce pollution of storm water runoff to the maximum extent practicable. 40. Condition No. 88 - (Wall Maintenance). In satisfaction of Condition No. 88 of the Resolution, Developer agrees to provide a minimum of three (3) feet of flat ground access from the face of any wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved by the City Engineer. 41. Condition No. 96 - (Permitting agencies). In partial satisfaction of Condition No. 96 of the Resolution, Developer agrees to obtain approval from all applicable permitting agencies, including but not limited to FEMA, prior to any work wi thin each of the agencies jurisdiction. Developer further acknowledges and agrees that all mitigation requirements will be the responsibility of the Developer. 42. Condition No. 109 (Salt Creek Sewer). In partial satisfaction of Condition No. 109 of the Resolution, Developer agrees to not seek any building permits for the Project until Salt Creek Trunk Sewer Improvements has been provided for as indicated in the report entitled "Overview of Sewer Service for Village Eleven SPA at the Otay Ranch Project" (Village Eleven SPA Sewer Report) prepared by Wilson Engineering dated March, 2001, or as amended by the Applicant and approved by the Director of Engineering. The Village Eleven SPA Sewer Report shall be consistent with the approved SPA Plan. 43. Condition No. 114 - (Parks and Open Space). In partial satisfaction of Condition No. 114 of the Resolution, Developer agrees that the Village Eleven Project shall satisfy the 15 12-35 Village 11, A Map #3 OR-523, SSAI October 2005 requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. The proj ect' s Neighborhood Park portion of the local park requirement shall be satisfied through the provision of a 7.0 net-acre Neighborhood Park (P-1). The remaining requirement shall be satisfied in a future Community Park through the payment of fees, dedication of land, or a combination thereof in a manner acceptable to the Director of Parks and Recreation. 44. Condition No. 116 (PAD Fees). In satisfaction of Condition No. 116 of the Resolution, Developer agrees to pay all applicable Parkland Acquisition and Development fees (PAD Fees) to the City in accordance with C. V. M. C Chapter 17.10 prior to approval of each final ~Bff Map, or, prior to issuance of building permi ts for condominiums, community apartments, or stock- cooperatives not requiring the filing of a final ~Bff Map. 45. Condition No. 124 - (Town Square P-4). In satisfaction of Condition No. 124 of the Resolution, Developer agrees that prior to issuance of the building permit for the 832no dwelling uni t issued wi thin Phase Two of the proj ect, Developer shall complete construction of the Town Square (P-4) within Phase Two, to the satisfaction of the Director of Parks and Recreation. 46. Condition No. 129 (Pedestrian Paseos) . In satisfaction of Condition No. 129 of the Resolution, Developer agrees that upon the request of the City, the Applicant shall provide easements for the pedestrian paseos identified on the Tentative Map, each approximately 60 feet in width,' the exact width to be determined by the Director of Planning and Building. Upon the request of the Director of Public Works, paseos shall contain improved all-weather paved 12-foot wide minimum access to wi thstand an H-20 wheel load as approved by the Director of Public Works. Each paseo within said easements shall be maintained by the Master Homeowner's Association. Developer shall grant to the satisfaction of the Directors of Planning and Building and Public Works, pedestrian access easements, and General Utility Easements. Developer shall secure and construct said paseos upon the request of and at the direction of the Directors of Parks and Recreation and Public Works. 47. Condition No. 131 - (Regional Trails). In satisfaction of Condition No. 131 of the Resolution, Developer agrees that all trails shall be bonded/secured and constructed with the approved rough grading, and connect to adjoining existing and/or proposed trails in neighboring development Projects, as determined by the Director of Building and Park Construction. 16 12-36 Village 11, A Map *3 OR-623F SSAI October 2005 48. Condition No. 132 - (Greenbelt Trails Master Plan). In partial satisfaction of Condition No. 132 of the Resolution, Developer agrees to comply with the provisions of the adopted Greenbelt Trails Master Plan. 49. Condition No. 134 (Regional Trails). In satisfaction of Condition No. 134 of the Resolution, Developer agrees to: a. Construct a "Regional Trail", concurrent with the construction of Hunte Parkway, on the north side of Hunte Parkway (within the Village Greenway) from the future Pedestrian Bridge No. 1 at Eastlake Parkway to the Paseo connection and future pedestrian Bridge No. 2 between Neighborhoods R-17 and R-l6 as depicted on the Parks, Trails and Open Space Plan in the Village Eleven SPA Plan, and shall be designed to incorporate the "Project Landscape Master Plan" as approved by the City and as amended from time to time. The Regional Trail shall meander away from the curb as much as possible. b. Construct a "Regional Trail", concurrent with the construction of Hunte Parkway, on the south/east side of Hunte Parkway (within the Chula Vista Greenbelt) from the future Pedestrian Bridge No. 2 between Neighborhoods R-17 and R-l6 as depicted on the Parks, Trails and Open Space Plan in the Village Eleven SPA Plan north to the intersection of Hunte Parkway and Olympic Parkway, and shall be designed to incorporate the "proj ect Landscape Master Plan" as approved by the City and as amended from time to time, The Regional Trail shall meander away from the curb as much as possible. 50. Condition No. 135 (Retaining Walls). In satisfaction of Condition No. 135 of the Resolution, Developer agrees to keep any necessary retaining walls to a minimum and/or if a grading solution can be found, retaining walls will not be used to gain addi tional space for the street corridor. The retaining walls are to be located and detailed on the Grading Plans for Hunte Parkway, and subject to the approval of the Directors of Planning and Building and Public Works. Slopes gradients may be increased to the maximum permitted in the grading ordinance in limited locations to accommodate constraints such as maintenance access ways. Landform grading policies shall be observed and followed. If a combination of low retaining walls and modified landform grading cannot accommodate any constraints or maintenance access areas, the top of slope shall be adj usted, as City deems as necessary. 51. Condition No. 141 (Landscape Plans). In partial satisfaction of Condition No. 141 of the Resolution and prior to the approval of the first final "B" map, Developer agrees to: 17 12-37 Village 11, A Map #3 OR-623F SSAI October 2005 a. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of those landscaping improvements that are not to be included in the proposed financial mechanism. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building requires such annexation of future tentative map areas. The MHOA formation documents shall be subject to the approval of the City Attorney; and, b. Submi t for City's approval the CC&R' s, grant of easements and maintenance standards and responsibility of the MHOA's for the Open Space Areas wi thin the proj ect area. Developer shall acknowledge that the MHOA's maintenance of public open space, trails, etc. may expose the City to liabili ty. Developer agrees to establish a MHOA that will hold the City harmless from any actions of the MHOA in the maintenance of such areas; and, c. Submi t and obtain approval of the City Engineer and the Director of Planning and Building of a list of all Otay Ranch Village Eleven SPA and MHOA facilities and other i terns to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Master Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: i. All facilities located on open space lots such as walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of: 1) turf, 2) irrigated, and 3) non-irrigated open space to aid in the estimation of a maintenance budget thereof. ii. Medians and parkways along Olympic Parkway, Eastlake Parkway and Hunte Parkway, Birch Road, (onsi te and offsite) and all other street parkways proposed for maintenance by the applicable Community Facilities 18 12-38 Village 11, A Map #3 OR-623F SSAI October 2005 District or Homeowners' Association. iii. The proportional share of the proposed detention basin (temporary or permanent) located in the Sal t Creek Sewer Basin. This includes the cost of maintenance and all cost to comply with the Department of Fish and Game and the Corps of Engineers permit requirements. i v. The proportional share of the maintenance of the median and parkways along that portion of Olympic Parkway adjoining the development as determined by the City Engineer. v. All water quality basins serving the Project. 52. Condition No. 144 (CC&R' s) . In satisfaction of Condition No. 144 of the Resolution, Developer agrees that prior to the approval of each Final "B" Map, Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the approval of the City Engineer. The CC&R's shall include the following obligations of the Master Homeowners Association: a. A requirement that the MHOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: i. All open space lots that shall remain private, ii. Other Master Association property. b. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City. The MHOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the MHOA. c. The MHOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the MHOA. d. The MHOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners wi thin the MHOA. e. The MHOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured to the satisfaction of the City Attorney. f. The CC&R's shall incorporate restrictions for each lot adj oining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on City property. 19 12-39 Village 11, A Map #3 OR-623F SSAI October 2005 g. The CC&R's shall include provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. h. The CC&R's shall include provisions assuring MHOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. i. The CC&R's shall include provisions that provide the Ci ty has the right but not the obligation to enforce the CC&R provisions the same as any owner in the project. j. The CC&R provisions setting forth restrictions in these Tentative map conditions may not be revised at any time without prior written permission of the City. k. The MHOA shall not dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holder of first mortgages within the MHOA. 1. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also include language which states that any proposal by the HOA to allow "speed bumps" in the future shall require prior written approval of 100% of all the Homeowners Association members. 53. Condition No. 145 (Homeowner Notification of MHOA Responsibilities) . In satisfaction of Condition No. 145 of the Resolution, Developer agrees that future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow. 54. Condition No. 146 (HOA Responsibilities). In satisfaction of Condition No. 146 of the Resolution, Developer agrees that an HOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind any gated entrances. The facilities to be maintained include, but are not limited to: pavements, sidewalks, street trees, street lights including power supply, street sweeping, private drainage facilities and landscaping of private common areas. 55. Condition No. 148 (Open Space Lot Walls). In satisfaction of Condition No. 148 of the Resolution, Developer agrees to ensure that all buyers of lots adj oining open space lots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City property and that they shall not modify or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CC&R's for all lots. 20 12-40 Village 11, A Map #3 OR-623F SSAI October 2005 56. Condition No. 149 - (Open Space Lots). In satisfaction of Condition No. 149 of the Resolution, Developer agrees that prior to approval of each Final Map, provide proof to the satisfaction of the City Engineer and Director of Parks and Recreation that all improvements located on open space lots will be incorporated into and maintained by a Home Owner's Association or an Open Space District. 57. Condition No. 150 (Maintenance District). In satisfaction of Condition No. 150 of the Resolution, Developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within or adjacent to the Project. 58. Condition No. 151 - (Landscape Funding Mechanism). In satis faction of Condition No. 151 of the Resolution, Developer agrees that prior to issuance of any grading permit which includes Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the Community Facility District (CFD), the Developer shall place a cash deposit, or other funding mechanism acceptable to the City, in the City's sole discretion, with the City which will guarantee the maintenance of the L&I improvements until the City accepts said improvements. Developer further acknowledges and agrees that in the event the improvements are not maintained to City standards as determined by the City Engineer and the Director of Building and Park Construction, the deposit shall be used to perform the maintenance. Developer further agrees that the amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months, ("Minimum Deposit Amount"), as determined by the Ci ty Engineer. Developer further agrees that any unused portion of said deposit may be incorporated into the CFD's Reserve Account, or returned to the Developer, according to the following: a. If, six months prior to the scheduled date of acceptance of Landscape and Irrigation improvements for maintenance by the CFD, the Reserve Account is less than the Minimum Deposit Amount, the difference between these two amounts shall be incorporated into the Reserve Account, or; b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused portion of the deposit may be returned to the Developer in 6 equal monthly increments over the last six months of the maintenance period if the maintenance is being accomplished to the satisfaction of the Director of Building and Park Construction. 59. Condition No. 159 - (Grant Easements). In satisfaction of Condition No. 159, the Developer agrees to grant easements to 21 1 2-41 Village 11, A Map #3 OR-623F SSAI October 2005 subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. 60. Condition No. 164 - (Off site Right of Way). In partial satisfaction of Condition No. 164, the Developer agrees to notify the City at least 60 days prior to consideration of a Map by City if any off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the Developer shall: a. Pay the full cost of acquiring off-site right-of- way and/or easements required by the Conditions of Approval of the tentative map. b. Deposit. with the City the estimated cost of acquiring said right-of-way and/or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the final map. The Developers shall pay all costs, both direct and indirect incurred in said acquisition. 61. Condition No. 172 - satisfaction of Condition No. agrees: (Wi thhold Permits per PFFP). In 172 of the Resolution, Developer a. That the City may withhold building permits for the subject subdivision if anyone of the following occur: i. Regional development threshold limits set by the Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted Ci ty threshold standards or fail to comply with the then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public 22 12-42 Village 11, A Map #3 OR-623F SSAI October 2005 utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. The Developer agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch Village Eleven SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, Ci ty Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot wi thin the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies franchised by the City of Chula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. d. That the City may withhold the issuance of building permi ts for the proj ect, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure 23 12-43 Village 11, A Map #3 OR-623F SSAI October 2005 said breach e. To hold the erosion, siltation or from this Project. City harmless from any liability for increase flow of drainage resulting 62. Condition No. satisfaction of Condition agrees to comply with all the property. 174 No. 174 previous (Previous Agreements). In of the Resolution, Developer agreements as they pertain to 63. Condition No. 175 (Street Sweeping). In oartial satisfaction of Condition No. 175 of the Resolution, De;'eloper agrees to cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after the completion of all punch list items, whichever is shorter. The Developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. 64. Condi tion No. 176 (Regional Impact Fees). In satisfaction of Condition No. 176 of the Resolution, Developer agrees to not protest the formation of any future regional benefit assessment district formed to finance regional facilities. 65. Condition No. 179 (No Protest LRT Assessment Formation). In satisfaction of Condition No. 179 of the Resolution, Developer agrees to not protest the formation of any potential future regional benefit assessment district formed to finance the Light Rail Transit (LRT). 66. Condition No. 181 (SCHOOLS) In satisfaction of Condition No. 181 of the Resolution, The Applicant shall deliver to ~he Sweetwater Union High School District a 25-net usable acre graded junior (middle) high school site including utilities provided to the site and an all weather access road acceptable to the District prior to July 1, 2006. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. (Planning and Building) 67. Condition No. 180 - (Open Space Lots). In satisfaction of Condition No.180 of the Resolution, Developer agrees to construct and secure open space landscape improvements within the map area as set forth on Exhibit "B". 68. Condition No. 183 (PFFP). In satisfaction of Condition No. 183 of the Resolution, Developer agrees to install 24 12-44 Village 11, A Map #3 OR-623F SSAI October 2005 all public facilities in accordance with the Village Eleven Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold standards adopted by the City. Developer acknowledges and agrees that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The Developer further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as may be amended from time to time by the City. Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.100) . 69. Condition No. 184 (Interim facilities) . In satisfaction of Condition No. 184 of the Resolution, Developer agrees that the maintenance and demolition of all interim facilities (public facilities, utilities and improvements) is the Developer's responsibility, and that construction and demolition bonds will be required to the satisfaction of the City Engineer. 70. Condition No. 185 - (Offsite ROW). In satisfaction of Condition No. 185 of the Resolution, Developer agrees to acquire offsite right of way and easements necessary to comply with the PFFP schedule to be dedicated to the City. Developer also agrees to bond for the off-site improvements as required by the City Engineer. 71. Condition No. 189 - (Annual review). In satisfaction of Condition No. 189 of the Resolution, Developer agrees that pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended from time to time, the Developer shall complete the following: (1) Fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), Projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 72. Condition proposals Condition No. 193 - (Phasing Plan). In satisfaction of No. 193 of the Resolution, Developer agrees that any to modify the Village Eleven SPA approved phasing plan, 25 12-45 Village 11, A Map #3 OR-623F SSAI October 2005 shall be submitted to the City for review and approval of the first final "BN Map. The acknowledges and agrees that the PFFP shall necessary to reflect the revised phasing plan. approval prior to Developer further be revised where 73. Condition No. 195 - (Phasing Plan). In satisfaction of Condition No. 195 of the Resolution, Developer agrees that if phasing is proposed within an individual map or through multiple final maps, the Developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any final map. Developer further acknowledges and agrees that improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. Developer acknowledges that the City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments, and that the City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. The Developer further agrees that the City Engineer may change the timing of construction of the public facilities. 74. Condition No. 196 - (Phasing Plan). In satisfaction of Condition No. 196 of the Resolution, Developer agrees that the Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. Developer acknowledges that the PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the proj ect area; that throughout the build-out of Village Eleven SPA, actual development may differ from the assumptions contained in the PFFP; and that neither the PFFP nor any other Village Eleven SPA Plan document grant the Developer an entitlement to develop as assumed in the PFFP, or limit the Village Eleven SPA's facility improvement requirements to those identified in the PFFP. Developer acknowledges that compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern Village Eleven SPA development patterns and the facility improvement requirements to serve such development. In addition, Developer acknowledges and agrees that the sequence in which improvements are constructed shall correspond to any future Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City and that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. 26 12-46 Village 11, A Map #3 OR-623F SSAI October 2005 75. Condition No. 197 - (Phasing Plan). In satisfaction of Condition No. 197 of the Resolution, Developer agrees that prior to approval of any final map proposing the creation of a Multi- family housing for the Project including Planning Areas R-17, R- 18, R-19, R-23, R-24, R-25 or MU-l as a condominium Project, community apartment Project, or stock cooperative, as defined in the applicable sections of the Government Code, Developer agrees to process a subsequent tentative map for said proposed condominium, community apartment, or stock cooperative Project in said Planning Area pursuant to Section 66426 of the Subdivision Map Act. 76. Condition No. 198 (Code Requirements) . In satisfaction of Condition No. 198 of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Developer acknowledges and agrees that preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Developer further agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements. Furthermore, Developer agrees to have installed, monuments for the City's Horizontal Control Network System at locations approved by the City Engineer and the results shown on a Record of Survey in accordance with Section 2-300 of the Subdivision Manual. 77. Condi tion No. 199 satisfaction of Condition No. 199 agrees to pay the following fees in and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Salt Creek Sewer Basin and Poggi Canyon Sewer Basin DIF. e. The Pedestrian Bridge DIF. f. The FIND Model reserve Fund Fee. (Code Requirements) . In of the Resolution, Developer accordance with the City Code Developer agrees to pay the amount of said fees in effect at the time of issuance of building permits 78. Condition No. 200 (Code Requirements). In partial satisfaction of Condition No. 200 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer agrees to be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 27 12-47 Village 11, A Map #3 OR-623F SSAI October 2005 79. Condition No. 202 (Code Requirements). satisfaction of Condition No. 202 of the Resolution, agrees to comply with Council Policy No. 522-02 maintenance of natural channels within open spaces. In partial Developer regarding 80. Condition No. 203 (Code Requirements). In partial satisfaction of Condition No. 203 of the Resolution, Developer agrees that all proposed development should be consistent with the Otay Ranch Village Eleven SPA Planned Community District Regulations. 81. Condition No. 204 (Code Requirements). In partial satisfaction of Condition No. 204 of the Resolution, Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04) , public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures. 82. Condi tion No. 205 (Code Requirements). In partial satisfaction of Condition No. 205 of the Resolution, Developer acknowledges that the City amending its Growth Management Ordinance to add Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Developer acknowledges and agrees that said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposea development as a prerequisite to final map approval for that development, and the Developer hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 83. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos. 1-5, 7, 11-17, 25-28, 30-32, 35, 36, 40, 43, 45, 46, 48-51, 55-57, 60, 63, 69, 76-78, 85, 86, 96, 109, 116, 129, 131, 132, 134, 135, 141, 145, 146, 148-150, 151, 155, 164, 172, 174-177, 179, 180, 183, 184, 185, 189, 192, 193, 195, 196-200, 202-205 of Resolution 2001-364. Developer further understands and agrees that the some of the provisions herein may be required to be performed or accomplished prior to the approval of subsequent final maps for the Project, as may be appropriate. 84. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by Resolution No. 2001-364 and shall remain in 28 12-48 Village 11, A Map ~3 OR-623F SSAI October 2005 compliance with and provisions therein. implement the terms, conditions and 85. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 86. Building Permits. Developer and Guest Builders understand and agree that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 87. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permi tted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally deli vered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Engineering DEVELOPER: Brookfield Shea Otay, LLC 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014 Attn: John Norman, Vice President Tel: (858) 481-8500 A party may change such address for the purpose paragraph by giving written notice of such change other party in the manner provided in this paragraph. of this to the b. Captions. Captions in this Agreement are inserted for convenlence of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the 29 12-49 Village 11, A Map *3 OR-623F SSAI October 2005 entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Attachments. and exhibits attached hereto into this Agreement. Any recitals set forth above are incorporated by reference f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] (C:\TEMPlnotesEI EF34\SSIA Village I I A Map #3 - OCT Final.doc) 30 12-50 Village 11, A Map ~3 OR-623F SSAI October 2005 [PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA VISTA TRACT NO. 01-11 "A" MAP NO.3] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Mayor Attest: Susan Bigelow City Clerk Approved as to form: Ann Moore City Attorney [NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES] 31 12-51 Village 11, A Map #3 OR-623F SSAI October 2005 [PAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA VISTA TRACT NO. 01-11 "AU MAP NO.3] DEVELOPERS/OWNERS: BROOKFIELD SHEA OTAY LLC, a California Limited Liability Company By: Brookfield Otay LLC, a Delaware Li~te~ity Company, member BY~~ By: ~-tI Name%..",tII2C~u",,"'1 )1~s Name: ,&:p,~ tIc~ ~(. By: Shea Otay Village 11, a California Limited Liability Company, member By: Shea Homes Limited partnerShiP,~a California Limited Partnership its Sole Member By: ~~ By:, t: -P ____ Name: 1(; t(' h-", Iv n [, N ame ~ A- v~~ c:> ,--It... L. f> <- I !> t-t,,~-,,- 11. tJ~, ,/. -;>, I' /), ...,f (.\:-V'\. T1''''(Ol:..-i ~\> A~l"'-'7 !-rvL 7/101': fjf'G{/ 11'7 v, (Attach Notary Acknowledgment) 32 12-52 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California } ss. County of San Diego On October 7, 2005, before me, Nicole Sutherland, Notary Public, personally appeared Ronald D. Grunow and E. Dale Gleed, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. ~~ NICOLE SUTHERlANO t J -. Comm/$Slon # 1555413 i -". Notary Public. California ; j' San Dlega County f _ _ _ ~:~:...~es_Fe~2~2~9 \~\ UllL <D\A...,+{A 0 i I euv:f Place Notary Seal Above Signature of Notary Public . 12-53 State of California ) ) s.s. County of San Diego ) On October 7, 2005 before me, Theresa Gayle Grove, Notary Public, personally appeared Alexander Plishner and Tod Fontana personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged tome that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. --:7 / J1J/IA../J ({ .- :I /J' . - /J j ~ <' ,v[..j, ;1 , / v ; /(.--1" / ! r:.....I?/"'t J ~lHERESA GAYlE GROVE .l: - Comm. # 1585118 I. III -. HOIARY PIIIUCoCAllFOIIltl\ l!! ~ . SanIllt9OCOIIIIIy.. MrCO'lllll.~tlJun.5,2009~ 12-54 Village 11, A Map #3 OR-623F SSAI EXHIBIT "A" PROPERTY DESCRIPTION October 2005 Lots 1 through 10 together with Lots A through E of Chula Vista Tract No. 01-11, Otay Ranch Village 11 "A" Map No. 3 in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. , Field in the Office of the County Recorder of San Diego County on 2005 as File No. of Official Records. 33 12-55 Village 11, A Map #3 OR-623F SSAI October 2005 EXHIBIT "B" LIST OF SECURITIES I CV WO No Description Bond $ Bonding Company Bond ffirawino #) Name number $950,000 2169364 1 04101 Eastlake Parkway Improvements Faithful Perfonnance Insurance Company of $950,000 Material & the West Labor 2199364 $1,525,000 2169365 2 04015 Hunte Parkway Improvements Faithful Perfonnance Insurance Company of $1,525,000 the West Material & Labor 2199365 Landscape & Irrigation for Backbone $289,274.13 Arch Insurance Company 3 04-083 Landscape & SU5013330 Improvements lrrioation Bond Missouri Landscape & Irrigation for Eastlake $324,052.86 Arch Insurance Company 4 04-089 Landscape & SUSOl3329 Parkway Irrioation Bond Missouri Landscape & Irrigation for Hunte $695,098.06 Arch Insurance Company 5 04-091 Landscape & SU5013328 Parkway lrrioation Bond Missouri Landscape & Irrigation for Slopes $4,801,968.15 Arch Insurance Company 6 04-092 Landscape & SU5013327 (CFD, HOA, Private, & Temporary) lrrioalion Bond Missouri 34 12-56 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING AND SETTING ASIDE OF CERTAIN CITY-OWNED REAL PROPERTY AS RIGHT-OF- WAY FOR STREET AND PUBLIC UTILITY PURPOSES FOR HUNTE PARKWAY WHEREAS, the City of Chula Vista is the fee owner of that certain real property, situated in the City of Chula Vista, County of San Diego, State of California, more particularly described as Lots 8, 9 & 12 of the Otay Ranch, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 862, filed in the Office of the County Recorder of said County, February 7, 1900; said land currently designated as Assessors Parcel No. 643- 070-010 and 644-080-15; and WHEREAS, said property was acquired in fee subject only to the condition that property shall be used for educational, active public recreation, commercial, industrial, and all other uses except non-university related residential; and WHEREAS, the public need and convenience required that certain public street and highway improvements and appurtenant works be constructed and placed through, in, on, across, over, under and above a portions of the above described real property, for the improvement of Hunte Parkway, said portions of said Lots 8, 9 & 12 as more particularly described in a legal descriptions thereof, marked Exhibits "A-I" through "A-3", and as shown on sketches thereof, marked Exhibits "B-1" through "B-3", all attached hereto and incorporated herein by this reference; and WHEREAS, this City Council desires to designate and set-aside said real property described as Parcel A of said Exhibit "A-I" as right-of-way for street and public utility purposes, and WHEREAS, this City Council desires to designate and set-aside said real property described as Parcel B of said Exhibit "A-I" as sidewalk easement for public purposes, and WHEREAS, this City Council desires to designate and set-aside said real property described as Parcel C of said Exhibit "A-I" as slope easement for public purposes, and WHEREAS, this City Council desires to designate and set-aside said real property described as Parcels A, B, C & D of said Exhibit "A-2" as drainage and access easements for public utility purposes, and WHEREAS, this City Council desires to designate and set-aside said real property described as Parcels A & B of said Exhibit "A-3" as sewer and access easements for public utility purposes. NOW, THEREFORE, the City Council of the City of Chula Vista does resolve as follows: 12-57 Resolution Page 2 SECTION I. That this City Council hereby designates and sets aside a perpetual right-of-way for street and public utility purposes, sidewalk easement and slope easement, all for public purposes through, in, on, across, over, under and above the real property described as Parcels A, B and C of said Exhibit "A-I". SECTION 2. That said right-of-way and easements are to continue in full force and effect so long as said property is used for the above stated purposes and uses, until such time as said land is re-designated to another allowed use or until such time that said right-of-way and easements have been lawfully vacated or abandoned by the duly constituted public authorities, at which time said property shall revert to the person, persons or entity entitled thereto. SECTION 3. That this City Council hereby designates and sets aside perpetual drainage and access easements for public purposes through, in, on, across, over, under and above the real property described as Parcel A, B, C and D of said Exhibit "A-2". SECTION 4. That said drainage and access easements are to continue in full force and effect so long as said property is used for the above stated purposes and uses, until such time as said land is re-designated to another allowed use or until such time that said drainage and access easements have been lawfully vacated or abandoned by the duly constituted public authorities, at which time said property shall revert to the person, persons or entity entitled thereto. SECTION 5. That this City Council hereby designates and sets aside perpetual sewer and access easements for public purposes through, in, on, across, over, under and above the real property described as Parcel A and B of said Exhibit "A-3". SECTION 6. That said sewer and access easements are to continue in full force and effect so long as said property is used for the above stated purposes and uses, until such time as said land is re-designated to another allowed use or until such time that said sewer and access easements have been lawfully vacated or abandoned by the duly constituted public authorities, at which time said property shall revert to the person, persons or entity entitled thereto. SECTION 7. That the City Clerk shall cause a certified copy of this resolution to be recorded in the Office of the County Recorder of the County of San Diego evidencing this action. SECTION 8. That said designations and set asides shall be effective upon the filing of said certified copy in the official records of San Diego County. Presented by Approved as to form by Ann City Sohaib Al-Agha City Engineer 12-58 EXHIBIT "A"-1 LEGAL DESCRIPTION PARCEL "An: RIGHT.OF-WAY A PARCEL OF LAND WITHIN LOTS 9 AND 12 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, FEBRUARY 7, 1900, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 12, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH, VILLAGE 11 "A" MAP NO.2, ACCORDING TO MAP THEREOF NO, 14780, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON APRIL 30, 2004; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF PARCEL MAP NO. 18481, SAID PARCEL MAP RECORDED MAY 31, 2000, IN THE OFFICE OF SAID COUNTY REORDER, NORTH 71057'57" EAST (NORTH 71"57'56" EAST - RECORD PER SAID PARCEL MAP NO. 18481),77.65 FEET TO THE TRUE PONT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE NORTH 48026'30" EAST, 3829.34 FEET TO THE BEGINNING OF A 2800.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTEL Y; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02038'05"A DISTANCE OF 128.75 FEET; THENCE SOUTH 49037'03" EAST, 32.44 FEET; THENCE SOUTH 40023'11" WEST, 132.10 FEET TO THE BEGINNING OF A 2864.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08003'15" A DISTANCE OF 402.59 FEET; THENCE SOUTH 48026'26" WEST, 2799.76 FEET TO THE BEGINNING OF A 1944.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE So.UTHWESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL OF 01019'00" A DISTANCE OF 44.67 FEET; THENCE SOUTH 47"07'26" WEST, 128.12 FEET TO THE BEGINNING OF A 2056.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01019'00" A DISTANCE OF 47.25 FEET; THENCE SOUTH 48026'26" WEST, 226.99 FEET TO THE TRUE POINT OF BEGINNING. :RC M:\2366\23\LEGAL DESCRIPTIONS\A20 PH3 HUNf~A~~~.DOC WO 2366-23 6123105 THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 6.591 ACRES, MORE OR LESS CONTAINS 0.965 ACRES, MORE OR LESS. ~~ tUt ~ll/zoc'c. , DAVID AMBLER I L. .7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PA~1ii 'UiF 2 :RC M:\2366\23\LEGAL DESCRIPTIONS\A20 PH3 HUNTE OS<t:iTt'Il'OW.DOC WO 2366-23 6/23/05 EXHIBIT "A"-1 LEGAL DESCRIPTION PARCEL "B": SIDEWALK A 10.00 FOOT WIDE STRIP OF LAND WITHIN LOTS 9 AND 12 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, FEBRUARY 7, 1900, THE NORTHERLY SIDELINE OF SAID 10.00 FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID,-LOT 12, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH, VILLAGE 11 "A" MAP NO.2, ACCORDING 0 MAP THEREOF NO, 14780, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON APRIL 30, 2004; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF PARCEL MAP NO. 18481, SAID PARCEL MAP RECORDED MAY 31,2000, IN THE OFFICE OF SAID COUNTY REORDER, NORTH 71057'57" EAST (NORTH 71057'56" EAST - RECORD PER SAID PARCEL MAP NO. 18481),278.08 FEET TO THE TRUE PONT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE NORTH 48'26'26" EAST, 226.99 FEET TO THE BEGINNING OF A CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2056.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01019'00" A DISTANCE OF 47.25 FEET; THENCE NORTH 47"07'26" EAST, 128.12 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1944.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01019'00" A DISTANCE OF 44.67 FEET; THENCE NORTH 48026'26" EAST, 2799.76 FEET TO THE BEGINNING OF A 2864.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08003'15" A DISTANCE OF 402.59 FEET; THENCE NORTH 40023'11" EAST, 132.10 FEET TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT "A" OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH, VILLAGE 11 "A" MAP NO.2, IN THE CITY OF CHULA VISTA, ACCORDING TO MAP THEREOF NO. 14780, FILED IN THE PA~~~F 2 :RC M:12366123\LEGAL DESCRIPTIONSlA11 PH3 HUNTE OS crN SIDEWALK.DOC WO 2366-23 6/23/05 OFFICE OF THE COUNTRY RECORDER OF SAN DIEGO COUNTY, ON APRIL 30, 2004; THENCE CONTINUING NORTH 40023'11" EAST, 411.09 FEET TO THE BOUNDARY OF SAID MAP NO. 14780 AND POINT OF TERMINUS. THE SIDELINES OF SAID 10.00 FOOT WIDE STRIP SHALL BE LENGTHENED OR SHORTENED AS TO TERMINATE IN THE SOUTHWEST IN THE COURSE HAVING THE BEARING OF NORTH 05026'10" EAST AND TO TERMINATE IN THE NORTHEAST IN THE BOUNDARY OF SAID MAP NO. 14780. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.965 ACRES, MORE OR LESS. .>-.' otJ~- DAVID W. AMBLER L. .7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAq:;t:~F 2 :RC M:\2366\23\LEGAl DESCRIPTIONSIA 11 PH3 HUNTE OS CITY SIDEWALK. DOC WO 2366-23 6/23/05 EXHIBIT "A"-I LEGAL DESCRIPTION PARCEL "C": SLOPE BEING A PORTION OF WITHIN LOTS 9 AND 12 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, FEBRUARY 7,1900, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 12, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH, VILLAGE 11 "A" MAP NO.2, ACCORDING 0 MAP THEREOF NO, 14780, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON APRIL 30, 2004; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF PARCEL MAP NO. 18481, SAID PARCEL MAP RECORDED MAY 31, 2000, IN THE OFFICE OF SAID COUNTY REORDER, NORTH 71057'57" EAST (NORTH 71057'56" EAST - RECORD PER SAID PARCEL MAP NO. 18481),278.08 FEET TO THE TRUE PONT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE NORTH 48026'26" EAST, 226.99 FEET TO THE BEGINNING OF A 2056.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01019'00" A DISTANCE OF 47.25 FEET; THENCE NORTH 47"07'26" EAST, 128.12 FEET TO THE BEGINNING OF A 1944.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01019'00" A DISTANCE OF 44.67 FEET; THENCE NORTH 48026'26" EAST, 2799.76 FEET TO THE BEGINNING OF A 2864.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08003'15" A DISTANCE OF 402.59 FEET; THENCE NORTH 40023'11" EAST, 132.10 FEET TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT "A" OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH, VILLAGE 11 "A" MAP NO.2, IN THE CITY OF CHULA VISTA, ACCORDING TO MAP THEREOF NO. 14780, FILED IN THE OFFICE OF THE COUNTRY RECORDER OF SAN DIEGO COUNTY, ON APRIL 30, 2004; THENCE CONTINUING NORTH 40023'11" EAST, 411.09 FEET TO THE BOUNDARY OF SAID MAP NO. 14780; THENCE SOUTH 12045'55" WEST, 194.06 FEET; THENCE SOUTH 72015'00" WEST, 64.00 FEET; SOUTH 57"02'00" WEST, 67.00 FEET; THENCE SOUTH 28058'00" EAST, 47.00 PAq;~-.:l~ 2 :RC M:\2366\23\LEGAL DESCRIPTIONS\A12 PH3 HUNTE OS CITY SLOPE.DOC WO 2366-23 6/23/05 FEET; THENCE SOUTH 64"09'00" EAST, 21.00 FEET; THENCE NORTH 77'52'00" WEST, 23.00 FEET; THENCE NORTH 55"45'00" WEST, 59.00 FEET; THENCE SOUTH 51 "19"00" WEST, 75.00 FEET; THENCE SOUTH 33"06'00' WEST, 33.08 FEET; THENCE SOUTH 49"14'24" EAST, 345.33 FEET; THENCE SOUTH 53"12'00' WEST, 33.00 FEET; THENCE NORTH 87"49'00" WEST, 95.00 FEET; THENCE NORTH 79"56'00" WEST, 46.00 FEET; THENCE NORTH 70"13'00' WEST, 57.00 FEET; THENCE SOUTH 27"22'00" WEST, 93.00 FEET; THENCE SOUTH 41"37'00" WEST, 365.00 FEET; THENCE SOUTH 53"15'00" WEST, 81.79 FEET; THENCE SOUTH 38"00'17" WEST, 79.43 FEET; THENCE SOUTH 51 "59'43" EAST, 21.16 FEET; THENCE SOUTH 25'16'00" WEST, 45.00 FEET; THENCE SOUTH 72"35'00" WEST, 296.00 FEET; THENCE SOUTH 66"11'00' WEST, 447.30 FEET; THENCE SOUTH 35'52'00" WEST, 314.67 FEET; THENCE SOUTH 11'39'00' WEST, 29.99 FEET; THENCE SOUTH 47"03'00" WEST, 48.38 FEET; THENCE-BOUTH 66"23'00" WEST, 203.62 FEET; THENCE 46"13'00' WEST, 120.90 FEET; THENCE SOUTH 27"34'00" WEST, 211.97 FEET; THENCE 66'30'00" WEST, 281.42 FEET; THENCE SOUTH 57"08'00" WEST, 150.25 FEET; THENCE SOUTH 46'23'00" WEST, 78.52 FEET; THENCE SOUTH 28'03'00" WEST, 381.15 FEET; THENCE SOUTH 60"28'00" WEST, 470.00 FEET TO THE AFORESAID SOUTHERLY LINE OF SAID LOT 12; THENCE SOUTHWESTERLY ALONG SAID LINE SOUTH 71"57'57" WEST, 134.60 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 11.098 ACRES, MORE OR LESS. jJ~4fL2.d ~4~' DAVID W. AMBLER L.S.7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. P A/3E.1:.Ii)F 2 :RC M:\2366\23\LEGAL DESCRIPTIONS\A12 PH3 HUNTE 6~crK-sLOPE.DOC WO 2366-23 6/23/05 EXHIBIT "B"-l DEDICATION PLAT SHEET 1 OF 5 SHEETS o 1000 ~ SCALE 2000 I 1"= 1000' 3000 I ----------\ ---- \ \ \ ~ 1L---- 19 Lor A MAP No" 14780 '13" & SEE SHEET NO.S 2, 3, 4, '" 5 PARCEL "c" SLOPE GRANTED TO THE CITY OF CHULA VISTA. 11.098 ACRES. \ \ \ \------------ .....---::: S>EE1WA 1ER ____ RESERVaR ~. .$: B \ / \ \ \ \ RIGHT-OF-WAY GRANTED TO THE CITY OF CHULA VISTA. AREA = 6.591 ACRES PARCEL "B" SIDEWALK. GRANTED TO THE CITY OF CHULA VISTA. AREA = 0.965 ACRES MAP 8EJ"? 1/') D \ \ PARCEL "A" ~A~ VAlt ST. Pl.ANNlNC 1011'J Iiu!meken!I Sbeet ENONmING San """ Co 921Z1 SUIMYlNG PH(BSI)ss8.4SOO. FX(BS8)ssB.1414 12-65 \.linED SfA.1tS ...,CO ~ " ~ II HUNSAKER ~ !':,~9f~TES DrAY \V VICINITY MAP EXHIBIT "B"-l DEDICATION PLAT SHEET 2 OF 5 SHEETS o 200 400 600 ~ I I SCALE ,"= 200' "en fA'. INDICATES EASTlAKE PARKWAY . \!Y DEDICATED AS AN EASEMENT TO THE A'\ CITY OF CHULA VISTA PER DOCUMENT ,'1\ RECORDED APRIL 30, 2004 AS ALE 0 NO. 2004-0387306, O.R. 0' '\\ > <'~\),~ ~ r:f~ C),O I ';:) r\ \), /1'0 .)0' \,V \,J r:' A~l\ ~ (p"t' '\v''' ;:J ,\Y (J.,O ,<,\ ~ 0' 0' ((\ \), ($. ~ ~ f;\ J $,~J t(,< ~ ~ . ((,J \-~ \-IV ~ \), ,\ ,,~ (, , '7: \'y' \), ~ Y'" 0\ .c, "c.A >.,V '<,J ~ f:l ~ (}O d),,~ ~ '\ ,~' ~ \ 0 ,~, ~ \>" c,x",,-S (';:'\.~ <(~~X,.~ 0J ~, ~a~ C,a~ ~a' ,T~ c,. S~'; n. ~ ~ ~\,<,x. a~ \ ~1'1) %.. ~ ..... <;'i) C[) ~ """I' ,C[) -l~ C) Q,'~ Q, LOl 13 ------- T.P.O.B. PARCEL A" T.P.O.B. PARCEL "C" LOl 18 NUMBER DELTA RADIUS LENGTH Cl 01'19'00" 2056.00 47.25 C2 01'19'00" 1944.00 44.67 BEARING DISTANCE N4T07'26"E 128.12' r) O.c:' 1J::'771 rJJ JOJ :0 II' HUNSAKER ;: !'~,~?~~ YES PLANNING 10179 Huermktns Street EN.QNEBtlNG San lJiego. Ca 9ZtZ1 SURVFf1NG PH(858)ss&.451ll1. ",(858)"3-1414 12-66 -. - .--. -.. EXHIBIT "B"-! DEDICATION PLAT SHEET 3 OF 5 SHEETS o 300 600 900 ~ I I SCALE 1"=300' ~ " w w (f) "e" ~ ~ ~ ~ 1--0 -or? MAP BB"? II HUNSAKER ~ f~,~?~~!ES PlANNING 101i'9 Huermbns Street: ENQNfERlNG Son J>oao, Co !IZ1Z1 SURVEYlNG PH(8SB)sso.<sOO- "'(_1414 12-67 -'...--. ... .-- .....- -- -... - ----- --- --- --. ~ _.--~. ~I.vl -- ..CSp <V'/~ . tilf;;' , ~ ~~<::J /}.~~ / ,C)<::J // .,., / ~<::J / /., /<::J<::J /~' /.,'0 A~ /'<::J<::J /..'\ /'J /. ~, /~ / / / / SEE SHEET NO. 3 .~ 19 /.-t '0,. /'cJl ~/.S\':l ~~ ~':l ,,1, ,<::JC)/~ ~'tJ~t?l. +~\ / III HUNSAKER ;; ;\~~?~~ YES EXHIBIT "B'~ 1 DEDICATION PLAT MAP NO" >:\ ,'I' / () A / 0' "\, <'(.\) ? ~ 69 ("OJ ~/' {\ I>. /\ 'V (?O~Ai:(>J '::y\) f"j \~l (AO /\( ~ 0> 0> (? (I>. >'<> y; y; /<,r ~ (;<< (? \ f,J 1 I>.r\' ~ i:(> ~ i:(> "l ((' ~\\ ~\\ 1>.\" (, \\ r ~\ .. i:(> 0\ ~/ /<,r .. 0< 0 ..i:(> / 6\' ~ ~ . " "G ~ / ''J,~' )/ 40 11> // ~~'O .099' // /S/ / / / L OJ f) MAP No. 3EJ'? SHEET 4 OF 5 SHEETS S'~ ~& ~~~ 1'0 S <::J6 b' .4 .4t?l ,C)C) '<::J<::J .~I> ~~9 ~t?l +'0 <::J6 .,.,. -~ '<::J<::J S,,,,- +~ ~ ~ o 100 200 ~ i SCALE ,"= '00' PlANNINC '1D17'J Huemebns StJ8!t ENQNEERINC San ~ Ca 92Tl1 SURVEYING PIi(BsB)S58-4SOO' FX(B5B)SS8.1414 12-68 30 I MAP NO, ~~~ ~~ EXHIBIT "B"-l DEDICATION PLAT 1)1 .?~ / / 1"<0 ;' ~ <::s I", u<-: II;?: / /...... ,,~ / /('" ,I.", , / /,' '-..! t/R ..... ~ \:)0., / / Ilt) ~y ,.// .'<' - "/ / 1<>., 14559 () .<v:~/ij I~ .a:: ,'~ / () I "0/- .'j,"J/ /~ ~~ ~~~~/ "?" // .... / / .... // / / \ " " "G ~. '1.s.>. ....s. o 00. "t< ~a~' <f' ~O'. v. ~ ~ <f' ", 't-~ (5)a 6'.> -00. "'0. v, '0 ;9. ~ v. A. 'f-? 00 ~ A."'(5: 't-.> O'.~ 4-.0 "'(5- ts. :..>......0' V. 't- ? '("s s~ a ""'.... <.T' .? a..... v. -0 <.T'o. .9a v, 00 <f' v. ~. v. ~ 4- ?.> 00. <f'.> ~ ""'J" .00. <f' S.O .0 ....-1< J" '0 v. v. -...."'".9. '-to v. ~? (5). ~ '!T. 'z....4- " ....J"'" ....lfJ" ,<.T" .... .... .... .... ........~ ./ --------/' SHEET 5 OF 5 SHEETS LOl 9 MAP NO, BEJ2 ij ~() -X"?" (fJ I JTl ~ z o . / / / / / / / ~ II HUNSAKER ~ !-~~9~~TES PlANNNG 1ll11'J -... 5_ ENONEERING San DIezo. Ca 9Z1Z1 SURVEYING PH(Bsa)5SIl-4500- FX(Bsa)ss8-1414 1"'-_ I - ""'-- I I I I CITY OF CHULA VISTA PROPERTY PER GRANT DEED I RECOROED DECEMBER 31, 2001 AS FILE NO. // 2001-0975075, OF OFFICIAL RECORDS. / o 100 ~ SCALE 12-69 ~ ~ 200 I 1"= 100' 300 I EXHIBIT "A" - 2 LEGAL DESCRIPTION DRAINAGE AND ACCESS EASEMENTS THOSE PORTIONS OF LOTS 9AND 12 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, FEBRUARY 7, 1900, DESCRIBED AS FOLLOWS: PARCEL "An , , A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 12, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH, VILLAGE 11 "A" MAP NO.2, ACCORDING 0 MAP THEREOF NO, 14780, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON APRIL 30, 2004; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF PARCEL MAP NO. 18481, SAID PARCEL MAP RECORDED MAY 31,2000, IN THE OFFICE OF SAID COUNTY REORDER, NORTH 71057'57" EAST (NORTH 71057'56" EAST - RECORD PER SAID PARCEL MAP NO. 18481),278.08 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 48026'26" EAST, 226.99 FEET TO THE BEGINNING OF A 2056.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01019'00" A DISTANCE OF 47.25 FEET; THENCE NORTH 4r07'26" EAST, 128.12 FEET TO THE BEGINNING OF A 1944.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01019'00" A DISTANCE OF 44.67 FEET; THENCE NORTH 48026'26" EAST, 294.29 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT HEREIN DEDISNATED AS POINT "A"; THENCE NORTH 76049'28" EAST, 310.61 FEET; THENCE NORTH 86'52'52" EAST, 42.00 FEET TO A POINT OF TERMINUS. PAGEJ.,f:l)F 4 :RC M:\2366\23\LEGAL DESCRIPTIONSlA01 PH3 HUNTE os-CifflD.DOC WO 2366-23 6/23/05 THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE WESTERLY IN THE AFORESAID BEARING OF NORTH 48026'26" EAST AT THE TRUE POINT OF BEGINNING AND TO TERMINATE EASTERLY IN A LINE PERPENDICULAR WITH THE POINT TERMINUS. CONTAINS 0.162 ACRES, MORE OR LESS. PARCEL "B": A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: , COMMENCING AT THE AFORESIDE POINT "A"; THENCE NORTH 48026'26" EAST, 2125.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 64040'40" EAST, 11.49 FEET TO THE BEGINNING OF A 32.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THRIUGH A CETRAL ANGLE OF 66011'48" A DISTANCE OF 36.97 FEET; THENCE NORTH 49007'31" EAST, 45.66 FEET TO THE BEGINNING OF A 800.00 FOOT RADIUS CURVE, CONCAVE SOUHEASTERL Y; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05020'50" A DISTANCE OF 74.66 FEET; THENCE NORTH 54028'21 'EAST, 226.40 FEET TO THE BEGINNING OF A 2010.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08045'59" A DITANCE OF 308.12 FEET; THENCE NORTH 45041'22" EAST, 56.43 FEET TO THE BEGINNING OF A 23.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHEASTERLY, SOUTHEASTERLY AND SOUTHWESTERLY ALONG. THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 172018'36" A DISTANCE OF 70.68 FEET; THENCE SOUTH 38000'17" WEST, 585.92 FEET TO A POINT OF TERMINUS, SAID POINT OF TERMINUS HEREIN DESIGNATED POINT "B". PA~lfF 4 :RC M:\2366\23\LEGAL DESCRIPTIONSlA01 PH3 HUNTE OS CITY SD.DOC WO 2366-23 6/23/05 THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE WESTERLY IN THE AFORESAID BEARING OF NORTH 48026'26" EAST AT THE TRUE POINT OF BEGINNING AND TO TERMINATE EASTERLY IN A LINE HAVING A BEARING OF NORTH 64040'40" WEST WITH THE POINT TERMINUS. CONTAINS 0.650 ACRES, MORE OR LESS. PARCEL "C": A 20.00 FOOT WIDE STRIP OF LAND LYING 1 0.00 FEET;ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE TRUE POINT OF BEGINNING OF THE ABOVE SAID PARCEL "B"; THENCE SOUTH 64040'40" WEST, 38.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 64040'40" WEST, 182.00 FEET TO A POINT OF TERMINUS. THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE WESTERLY IN THE SIDE LINES OF THE ABOVE DESCRIBDE PARCEL "B" AND TO TERMINATE EASTERLY IN A LINE PERPENDICULAR WITH THE POINT TERMINUS. CONTAINS 0.085 ACRES, MORE OR LESS. PARCEL "0": BEGINNING AT THE AFORESAID POINT "B"; THENCE SOUTH 64040'40" EAST, 53.79 FEET; THENCE SOUTH 25016'00" WEST, 92.86 FEET; THENCE NORTH 64040'40" WEST, 100.81 PAl3E..3 6lF 4 :RC M:\2366\23\LEGAL DESCRIPTIONSlA01 PH3 HUNTE 6~Crf'/'sD.DOC WO 2366-23 6/23/05 FEET; THENCE NORTH 25"19'20" EAST, 40.00 FEET; THENCE NORTH 60"04'41" EAST, 64.34 FEET; THENCE SOUTH 64"40'40" EAST, 10.25 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.193 ACRES, MORE OR LESS. DAVID W. AMBLER .S.7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. P~19>F4 :RC M:\2366\23\LEGAL DESCRIPTIONSlA01 PH3 HUNTE OS CITY SO.DOC WO 2366-23 6123/05 EXHIBIT "B" - 2 DEDICATION PLAT o 1000 ~ SCALE 2000 1"=1000' ~ lL---- if) i") b \ PARCEL ':4" \ DRAINAGE AND ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA. AREA = O. 162 ACRES PARCEL "B" DRAINAGE AND ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA. AREA = 0.650 ACRES PARCEL "c" DRAiNAGE AND ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA. AREA = 0.085 ACRES "n" DRAINAGE AND ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA. AREA = O. 193 ACRES PARCEL II HUNSAKER ~ ~,~9~~TES PlANNING 101i'9 IUmebns Street: ENCINmJNc Son """'" C. !lZ121 SUR'IEYING PH(8S8)sso..SOO. FX(8S8)ssB.1414 SHEET 1 OF 4 SHEETS ---- ---- -\. " --- \ ,,~ ---- -6 If \ \ 3000 I " [} ,,~ ~ ~? ..,.Il- c:<+J ~o? .() ~ c,,?-'<,0 ''';p . B MAp EEJ? i~) o 12-74 \IlI1!ll Sl^,ES IlDICO VICINITY MAP 'AReEL ':4 "\ SE:E: SHfIT NO.5 2 '" :1 \ \ \--------------- ..---::: S'ElWAIDl ________ RESER\IJ' ----- ($' ----- J; \ LOIlER mAY RESERI'OlR t '" ~ EXHIBIT "B" - 2 DEDICATION PLAT SHEET 2 OF 4 SHEETS o ~ 200 400 SCALE ,"= 200' 600 ] ~ (" ~ ~ 10 If .,..., <;'1:)~ 'I ,<:() -11-'- Cl Q,~ Q, o INDICA TES EASTlAKE PARKWA Y DEDICATED AS AN EASEMENT TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED APRIL 30, 2004 AS FILE NO. 2004-0387306, OR. ~\ >( o 0' '\\ 49\) '\ v:. 0~ 00) <(O~~O 'V'y~ 0 .~~ ((.0 '\' ~~O'~O' <( '\ ~ ~OY.1 '\ <( 'I ~ ~{(; (A~'\ ~\~ ,,~~ '7: l'>- \".;.' 'en ,yr' ~ . ~ 0< ? >y ,\r . 7 0'< 0 · ~ ~ '\ ..0 \'y 0 f7:\ '7 ~<v~ ~ ~\ Ga~~a' :~ ar;,'ci'J? Q. ~ /\y..<Va~ \~1'tJ ~ ~ 12 z. ...., 0> .,:. to t-5 CD, r<i u '? 0> ~ .... ...., '0 0, ?'!~ ~o.? t.9:lr"~~ "'0 ''b?~ ?,!<7'b ~ ~? ___ 1" 0-" '" _____- q;,.9. .~. ~ 'o'b D. . <~ ~ ...:! \S'. - 7" 1..01 13 1..01 18 01 A Y RANcHo MAP NO. 882 RO.S. 15771 II HUNSAKER ~ ;\~~9f~ YES PlANNING 1O"I791-klennekensStreet: ENONEElUNG Son lJlogo, Ca 9Z121 SURVEYING PH(858)l:l:lt...I.l:lV'i. FX(BSB)ss&.1414 12-75 EXHIBIT "B"- 2 DEDICATION PLAT SHEET J OF 4 SHEETS o ~o WO 000 ~ I I SCALE 1" = 300 . ~ ,'\\ ,y o 0' \\ cQ ~ ~ :\ ('?> '\ 0;/ (1,0 0'0 0 ~ /( 'D 1 C)~ \\y rj \Pl ) 0 ~ (' ~ \v 1~' -, ~ 0,0' \0' (,'\ ~ 0,r:} '\ ( \' ~\'0 (2}'\ ~\~1\~~? I>. ,\ ~ G \V I>. \ ~ ~ C\< ~\) '\ r ~ oJ oy 0 ~ ~ 6\ ~ , ,~ , !J. \,c, f~ ,\ c,(",.\,s \ '?~ \ ~Q~ MAP Ba-? 1-? ~ (' S'--s: ~ "Vo -2 II HUNSAKER ~ ~~~9f~!ES PlANNING 1O'tl9 Hternebns Sbeet ENClNIaING Son lJlIoo, C. 9ll2I SURVEYING PHlBSB).....SOO. FX(BsalSSll-1-l14 12-76 SHEET 4 OF 4 SHEETS 200 I ~ <:~~ S'""u'''''' o ".s.:"d>. .~V'.s.: <:P~ <5'.. ~ ~ (f) I [Tl [Tl -l f;j ~ I:2...~ . &~ ~. ~ "V~ ~ & ~ # <l: 9 AMP 882 II HUNSAKER ~ !-~]~?f~TES PlANNINC 101i'9 Iiu!mekn s~ ENQNIERJNC Son IJIoao, Ca 9Z1ZI SURVEY1NC PH(8s8)SS&-4S00" 1X(8s8)ssB.1414 12-77 EXHIBIT "A"-3 LEGAL DESCRIPTION SEWER AND ACCESS EASEMENTS THOSE PORTIONS OF LOTS 8 AND 9 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, FEBRUARY 7, 1900, DESCRIBED AS FOLLOWS: PARCEL "An A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTHWEST CORNER OF LOT 13 OF SAID MAP NO. 862, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH, VILLAGE 11 "A" MAP NO.2, ACCORDING TO MAP THEREOF NO, 14780, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON APRIL 30, 2004; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 13 SOUTH 18"41'15" WEST 129.15 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 48"26'26" EAST 15.92 FEET; THENCE SOUTH 84"47'30" EAST 26.23 FEET TO THE BEGINNING OF A NON- TANGENT 2568.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 51 "58'33" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00"18'51" A DISTANCE OF 14.09 FEET; THENCE NORTH 42"48'28" EAST 145.84 FEET TO THE BEGINNING OF A NON- TANGENT 2424.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 52"11'32" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00"14'22" A DISTANCE OF 10.13 FEET; THENCE NORTH 05"26'10" EAST 24.55 FEET; THENCE NORTH 48"26'26" EAST, 335.32 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2056.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01019'00" A DISTANCE OF 47.25 FEET; THENCE NORTH 47"07'26" EAST, 128.12 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVIN,G A RADIUS OF 1944.00 FEET; THENCE PAGIHnF 4 :RC M:\2366\23\LEGAL DESCRIPTIONS\A03 PH3 HUNTE OS CITY SEW.DDC WQ 2366-23 6/24105 NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01'19'00" A DISTANCE OF 44.67' FEET; THENCE NORTH 48'26'26" EAST, 2419.40 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 64'40'40" EAST, 11.49 FEET TO THE BEGINNING OF A 32.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF ~AID CURVE THROUGH A CENTRAL ANGLE OF 66'11 '48" A DISTANCE OF 36.97 FEET; THENCE NORTH 4i;l'07'31" EAST, 45.66 FEET TO THE BEGINNING OF A 800.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05'20'50" A DISTANCE OF 74.66 FEE:T; THENCE NORTH 54'28'21 'EAST, 226.40 FEET TO THE BEGINNING OF A 2010.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08'45'59" A DISTANClE OF 308.12 FEET; THENCE NORTH 45'41'22" EAST, 56.43 FEET; THENCE: CONTINUING NORTH 45'41'22" EAST, 94.95 FEET TO THE BEGINNING OF A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY;; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 71 '34'03" A DISTANCE OF 24.98 FEET; THENCE SOUTH 62'44'36" EAST, 246.82 FEET; THENCE SOUTH 30'17'09" EAST, 340.13 FEET; THENCE SOUTH 30'11'36" EAST, 104.52 FEET TO THE BEGINNING OF A 23.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17'53'40" A DISTANCE OF 7.34 FEET; THENCE SOUTH 48'05'16" EAST, 95.42 FEET; THENCE SOUTH 75'40'58" EAST, 102.03 FEET; THENCE SOUTH 88'36'29" EAST, 105.94 FEET; THENCE SOUTH 74'59'21" EAST, 285.28 TO A POINT OF TERMINUS, SAID POINT BEING ON THE BOUNDARY OF CITY OF CHULA VISTA PROPERTY PER DOCUMENT RECORDED DECEMBER 31,2001 AS FILE NO. 2001-0975075 OF OFFICIAL RECORDS. THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE WESTERLY IN THE AFORESAID BEARING OF NORTH 48'26'26" EAST AT THE TRUE POINT OF BEGINNING AND TO TERMINATE EASTERLY IN THE BOUNDARY OF THE AFORESAID CITY OF CHULA VISTA PROPERTY., CONTAINS 1.074ACRES, MORE OR LESS. PAm=-219F 4 :RC M:\2366\23\LEGAL DESCRIPTIONSlA03 PH3 HUNTE OS CITY SEW.DOC ....... ................. "".....,n~ ..";."""",, ,',.' '.,;.,.,,~ ....". 'c,,-\'..: . ,.." PARCEL "B": A 20.00 FOOT WIDE STRIP OF LAND LYING 1 0.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE FROM THE TRUE POINT OF BEGINNING TO POINT "A": A 40.00 FOOT WIDE STRIP OF LAND LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE FROM POINT "A" TO THE POINT OF TERMINUS: COMMENCING AT THE POINT OF TERMINUS OF THE ABOVE DESCRIBED PARCEL "A"; THENCE SOUTH 74"59'21" EAST, 30.16 FEET; THENCE SOUTH 59"39'23" EAST, 354.49 FEET TO THE BEGINNING OF A 365.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; AND HAVING A RADIUS OF 365.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17"59'04" A DISTANCE OF 114.57 FEET TO THE BEGINNING OF A 345.00 FOOT RADIUS REVERSE CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 51 "19'41" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06"20'07" A DISTANCE OF 38.15 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE BOUNDARY OF THE AFORESAID PROPERTY OF THE CITY OF CHULA VISTA, SAID POINT ALSO BEING ON THE AFORESAID 345.00 FOOT RADIUS CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 44"59'34" WEST; THENCE CONTINUING SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03032'04" A DISTANCE OF 21.28 FEET;' THENCE SOUTH 48"32'29" EAST, 198.54 FEET; THENCE SOUTH 60054'18" EAST, 71.15 FEET; THENCE SOUTH 49"36'49" EAST, 461.17 FEET TO A POINT HEREIN DESIGNATED POINT "A"; THENCE SOUTH 40"23'11" WEST, 25.19 FEET TO A POINT OF TERMINUS. THE SIDELINES OF SAID STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE WESTERLY IN THE AFORESAID CITY OF CHULA VISTA PROPERTY AT THE TRUE POINT OF BEGINNING AND TO TERMINATE EASTERLY IN A LINE PERPENDICULAR TO THE POINT OF TERMINUS. p~8 iDF 4 :RC M:\2366\23\LEGAL DESCRIPTIONS\A03 PH3 HUNTE OS CITY SEW. DOC 111/n "'J'::'~ ")'J ~1':l.../nJ:: CONTAINS 0.368 ACRES, MORE OR LESS. ~;i8;iCX75"' / / DAVID W. AMBLER L.S.7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. j)~4/ aft PAt:E-4l<tF 4 :RC M:\2366\23\LEGAL DESCRIPTIONS\A03 PH3 HUNTE OS CITY SEW.DOC HI..... .,.,at>...... ""'"..In", ""C,:,,:...',.,,',', . EXHIBIT "B"-3 DEDICATION PLAT SHEET 1 OF 8 SHEETS 19 3000 I ----------\ ~ \ o 1000 2000 ~ I SCALE 1" = 1000' %.. lL---- LOJ A MAP No" 14730 \ ----:::~ . I"~ , " ~, 7 PARCEL 'B''-./''\, ~ ""." SEE SHEET NO.5 5 TO B ---------- \ \ \ \--------~ .------:::: SllEE1WAlER ~ RESER""' --- ~. --- .t ~ 3 ------ ~ ~ MAP 3B2 13 1~J o PARCEL ':4." \ SEWER AND ACCESS EASEMENT GANTED TO THE CITY OF CHULA VISTA. AREA = 1.074 ACRES PARCEL "B" SEWER AND ACCESS EASEMENT GANTED TO THE CITY OF CHULA VISTA. AREA = 0.368 ACRES ;fIi'- ~ , ~ II HUNSAKER ~ !,:~?~~!ES PlANNINC 10179 Huemebns Snet ENQNfBtJNC San 0Itg0, Ca 92TZ1 SURVEYING PH(B5B)ss&.4s00. fX(aSB)SS3.1414 R:\0492\4c!.lap\DP HUNTE OS CITY SEW SHT 01.dwg{ 2167]Jun-24-2005:/1:57 - W.O. 2:J66-2:J 12-82 lRIQ: STAlES \IElOCO VICINITY MAP NrJT TO .c:r.", ~ EXHIBIT "B" - 3 DEDICATION PLAT SHEET 2 OF 8 SHEETS ----- --- '15"W N18'41 N48'26 '26 "E 15.92' :.~~ L01 1B do":!)/' '?' ~ 01AY RANcHo MAP No, BB2 o 200 400 600 ~ I I SCALE 1"= 200' r;;-. INDICATES EASTlAKE PARKWAY \!Y DEDICATED AS AN EASEMENT TO THE CITY OF CHULA VISTA PER DOCUMENT . RECORDED APRIL 30, 2004 AS F7LE NO. 2004-0387306, O.R. >\\ . 0' >\\ 00~'\ ~0'</ 10\)\ (?O~l~J ~'y 0 ~l ((00 '\c '-l 0' 0' <( ,\~_\c;~ <1 ~() ~ \0 l'>.\" t>:\ \),~ '-l " ((or' \;V \;IV J'y~ ~'\ · ~ O~ c;t 0'\ .~ 0'\ ~ ~~'?- c,o~_\o' c,. ~ .,,'( \' '( 9~ Cj "':\'00' / ~ o~ ,~ --- ------ ~ ~ L01 12 .... ~~ 'I .<:() -1.... t:l " :s: -.., <, L\., "'.,:>, "'6" f.=00"18'51: ":>6'~ R=2568.90 .1''''0$ L=14.09 '6'",. L01 13 R,O,S, 15771 II HUNSAKER ~ ~:~?~~TES PlANNN:: '1017'J Huemebns Stra!t ENCNEERINC San Diego. Ca 921Z1 SUlvmNC ",(BSB)".-""'HX__ 1 2 - 8 3 R:\0492\&:lIap\DP HUNTE os CITY SEW SHr 02.d.g[2167}Jun-24-2005:11:58 - w.o. 2366-23 EXHIBIT "B"-3 DEDICATION PLAT o 300 600 900 ~ I I SCALE l' = 300 . ~ \ \ \ \ \ \ \ \ \ j~ \ f} ___ ~ \------ ~\,..J ___ ---j~) \.1:) ___ a ------ \ --------- --- ------ --- --- --- T.P.O.B. - PARCEL ':4" ,'\\ y () 0' ,'\\ 0~\) '\ ~ r:3?> ~P) ~O~) ~\\'y'yl(> rj ,\p;\ (),.o '\ (' ~ 0' 0' 1\ I>. \(. ~ v: c)\ r ~(;~? ~? ~\ ((>~ \,~r \,V I>. I · G \V ~\ · ~ 0< 'f;.J ,V' · 0'< 0 .1(> 0\ o MAP 882 0'<(- ~ ~ ~O ~ II HUNSAKER ~ !'~,~9~~~ IES PlANNING 1D179 ~ s~ ENClNEIRINC Son CIeao. Ca !IZ1Z1 SURVEYNC PH<I'q}I:r::......soo. fX(Bsa)sse.1414 12-84 R:\0~92\.JtMap\DP HUNTE OS CrrY SEW SHT 03.dwg{ 2767}Jun-2~-200S:17:S8 - w.o. 2366-23 SHEFJ 3 OF 8 SHEFJS . o z I- W W I (f) w w (f) V:> Cy ~ ;$' cif & / /~' \ 0~~ / / ) I 'J'O. /. / I Y ~~ / )/ I I ~\~ ,/ // 01 'I ~~6, Q.'~~/ I / 00"J~/ // o,~'f'/ /// ~'li~/ /// . ~o.... //...... / / ~0'O~/ ,,~ y~ ,1;/,(/ I' ..... / , / :<y I I ""0:0. /-:p;;/ ~G<{) /~/ '/;:;1.<1- ,() ~ /// ~o / / '0'0 .'\. 1'1 ~'O' /~~. 0 ~ ~.. /,~I I I ~' .~ /," I "J'O' ,~\ / /00 I I ..J tt:;~'O //00' I, I o .\'J~ /Q~?J ;11 I a ....,... /~ \'" / "J~' / / /,~o I I Q~ /: /00 I I ... / /';;.. I ~'O / /t>~Ot 1'1 LOl f) '0,',.,./"--// ~'J'!>'O / ~I ~ / .~ /// MAp NO, BB~ ,~ 1'1 .01 01 ~~~ /1 '-- I I ':-;..L' ' I ' I G,\i-'''''';:-', :J~ II. . ",'" ~"""~..."""" ./' -<....... ...............~......... ,/'/ ...... ...............~........_f / ....., ",~ / t...., / "'~/ ''-J EXHIBIT "E" - 3 DEDICATION PLAT SHEa 4 OF 8 SHEETS o 100 200 300 ~ I SCALE 1"= 100' %.. ~ CJ) I'l I'l _ HUNSAKER _ ~fc:,~9~~P:S PLANNING 1017! HuImekBIS SIRI!t ENGINEERING San CIeao. Ca 97t21 SUltVM<C PH(BSa)SS&.4S00. FX(BSa)ss&.1414 R:\0492\&MoD\OP HUNTE os CfTY SEW SHT 04.dwg[ 2767)Jun-24-200S:7 7:59 - w.o. 2366-23 12-85 ';... '""~';~,,':"".,\~.,.b".;,\...'.,",, ......":;,,.;,;",.<.:.h~;..;,:., ...;,'"...,........., .......,.. EXHIBIT "B"-3 DEDICATION PLAT SHEFI 5 OF 8 SHEETS o.,~ , o.,~' '0') ,~ ')~' n'l- "00, .;. ~:'nO' 0.,'0 ':i~ \)a~\~' ~~ '"-.j o 100 200 ~ SCALE 1"= 100' 300 I , - ~ ~j~ // /'-, / / ,4'6'<>. / ' / 1,--...:z.1f1fJ: /. / ',~6", --,/ ........ ....11" ~ " ........ ~'Sl"6'~ / /~' \ ',~<>. ~ri}~ // / /<) . '<:,~::"~ ,~ /// '\. ''l-'l- /? / ' / \ \ ~~6~\ all ;// // ~/ " . \' \~ / / " //// \~\ / / "/ //</ ,,~ /// CITY OF CHULA VISTA PROPERTY PER GRANT DEED \ \.,.0 // .., /// RECORDED DECEMBER 31,2001 AS FILE NO. \\~a ~ // ~y /, / 2001-0975075, OF OFFICIAL RECORDS. \ ~ 'c;.., ()~/ \ c3~ ~ 7 "- \ ~-1. \."".c .Cl~ / / /0:0. LOj f} \~ . "\0 /" ~ ~ / /// MAP NO. B8? \ '?~."7 ~ //// \ ' \ / , // \~ / / \ \ / \ \ . ~ \~\~ ~ \ \ :r: \~ \ "'. a \~ z \~ ~ \~\',1 ~\ \' , SEE SHEET NO. 6 \~ I4. ~ II HUNSAKER ;: j\~,~9f~ [ES PLANNlNCi 1OT1'9 Ii.IerneIcBs Stftet !NQNEIIINC Son """ C. 921ZI SlJRVEYINC __. FX(8sI)S5lI-1414 R:\0492\,tMap\OP HUm< os CfTY SEW SHr 05.dwg{ 2767}Jun-24-2005:72:00 - w.o. 2366-23 12-86 EXHIBIT "B" "'3 DEDICATION PLAT SHEET 6 OF 8 SHEETS \ \ \ , "- ./- \ '("','0 '" '0 \ '" L!) \~ . '" \ % ,~Cl '- . 0 ~ ~, " o \ '!"-::.- i~~C\ '" Z \\\~~~ ~\~"J~ '- ~ 4. v,,+;\. '- ~ \ ~ '" w ~ "" X'7.0'00' I -1<""" I ~<5" " (f) '?f~~,- _ --Lr P II D W ~"~--_ N88'36'29"W. c,Ci..I1;Cl:l'L " W --702-::-:-;- --..:=--105.94'-- . 1- .c, II " N7S' .03.:.....:::;; - ---... ':"':::"'J~ \ Ci (f) '10's8iY-------~-_l7- W71"S9:~INT OF Tel"' .~ -' - ..? rr',/(lNu \\\ c, ---__ ~S...?8'__:S \ ~ -~ -- - -:--<:: 7( UNf) ~\ ":~ " \ ' r--- \ ~ ~ ~ o 100 ~ I , ~~ALE 1"=100' ',~ ~~ ~.~ ~\ 200 CITY OF CHULA VISTA PROPERTY PER GRANT DEED RECORDED DECEMBER 31, 2001 AS RLE NO. 2001-0975075, OF OmC/AL RECORDS. SAN DIEGO G4S &: ELECTRIC 120 FOOT WIDE EASEMENT PER DOCUMENT RECORED AS DOCUMENT NUMBER 1997-0038452 ON JANL/ARY 29, 1997, OF OFFICIAL RECORDS. LOT f) J\iJAP NO" BEJ2 JOO I ~ ~ , \ ~ \ ~ \w II (f) --------- ~ --- --------- \ ___--------- LOT B \ ___------ JlIlAP NO" --- -- II HUNSAKER ~ !':~9f~TES PlANNING 10179 tbmIekms SIrat ENCiINEmING San 0ieF. Ca 921Z1 SUlVEYlNC PH~SS_II'HX__ 1 2-87 R:\0492\ole/Jop\DP HUNTE: os CfTY SEW SIfT 06.dwg{ 2167}Jun-24-2005:12:00 - w.o. 2366-23 EXHIBIT "B" - 3 DEDICATION PLAT SHEFT 7 OF 8 SHEFTS . 0 z ti w .,. I '7.,. (f) w w (f) SAN DIEGO GIS &- ELECTRIC 120 FOOT WIDE EASEMENT PER DOCUMENT RECORED AS DOCUMENT NUMBER 1997-0038452 ON JANUARY 29, 1997, OF OFRCIAL RECORDS. lCR4f/NUS OF" p. """" ' N?4"SB~,"W '4RCCZ :.t" ~ \', ,', 30.'6' \ '~'1" \ "~6' \ ',~J$>. ''r~J \ 0<."',~ \ <~~lS" \ ~ '''$>- , ' " , ~ \ '~:-,. , ---- \ \ ',\'-.. ____~6.20'07 \\ ....A ;> .,.-.... R=345.09' ~O"""'- \ ---- <'""!:""..f. ~ L=38.15 ,'2. \ ____ ---- "??6'.s-. ____ "II" '00 ___ '.sO ~ ----y .....' ---- \ -1~\il( , \ \ 4~ ,,~.,.oA \\ i<;,\ ':)', 'f..?, \ '~', ~ \ L01 B '~, :z, \ MAP\NO, BB? '~S;, ~" ',"",'v' ' . \ '.xy( ~ \ ,() )~,'. ~ ro' o 100 ~ seAL 200 I 1"= lOa' 300 I L01 f} ~ ~ ~~/ )--" ---- MAp No. BB? , ''0 c~'- '?~ '0' Q. ~~. ---- ---- ---- ---- I CITY OF CHULA V7STA PROPERTY PER GRANT DEED RECORDED DECEMBER 31, 2001 AS FILE NO. 2001-0975075, OF OFRCIAL RECORDS. . o z ti w I (f) w w en II HUNSAKER ~ !':,~9f~!ES PlANNING 1IJV'J I-tIenbns Street ENtlNHilNC Son ""'" C. 'lZlZI SUMYlNC ~.FX(BsB)ssa.1414 12-88 R:\0492\dd.lap\DP HU/flF: os CITY SEW SIfT 07.dwg[ 2167}Jun-24-2005:/2:0/ - w.o. 2366-23 . ---- :'--... --- ~--- >"r~ ' 0<", " , <'~ , ~ '\ '\ "- T.P.O.B. PARCEL "B" r--- EXHIBIT "B"-3 DEDICATION PLAT SHErr 8 OF 8 SHEETS ~ ---- --- LOT 9 ___--- 0 100 ------ ~ ___ --- SCALE --- --- 200 I 1. - 100' 300 I CITY OF CHULA VISTA PROPERTY ~ PER GRANT DEED RECORDED ~ ~{~ DECEMBER 31, 2001 AS RLE NO. . /''J~J 2001-0975075, OF OFFICIAL /kt> RECORDS. ~ LOT B j\;}AP NOj 882 ~ ~ "'... " '- o.J'.~ , ,'1--"._ ~a '~ ".. ',~~ "'... ,<9,_ lI''''s ",..,:.. .a '~& v. ''f,j'o <'... ....... "J7.. ~...... , '~'" -u .",,6" , ,<5'0' , ;> s,... ',~7.s!6'~ . ,~: ~ "-~v ';I:~ ./" "" ~ ' " '~~ " ,4-"'<9 4~ '-0:'~: C',t, ',~-<.;,/, , ,.;. ~ , , ' '~<S'? L\" " O?-<:J' " :..>~ , ~~, " " , , ,0 "'''~- '~',-'/' . ',~, "?'" , ,",- " ~o POINT OF TERMINUS N40'23'II"E 25.19' II HUNSAKER ;: f~~?~~TES PlANNING '1J119 Iiuern!k!ns StRlet ENClNIBINC Son...... C. !m21 SUlvrnNG PH~50("'X(J5lI)5Sa._ 12-89 R:\0492\&:Map\DP HUNTE OS CITY SEW SHT OB.dwg{ 2167}Jun-24-2005:12:02 - W.O. 2J66-2J ATTACHMENT "C" TABLE OF CITY-OWNED PROPERTIES TO BE SET ASSIDE Location Pu rpose I Area lAc.>1 Map Key I ~ ~ Parcel A Right of Way 6.591 A , , <C lD City Owned l- I- Parcel B Sidewalk Easement 0.965 B Parcels lD Cii Parcel C Slope Easement 11.098 C >< >< w w C\J C\J Parcel A Drainage & Access Easement 0.162 0 , , City Owned <C lD Parcel B Drainage & Access Easement 0.65 l- I- 0 Parcels Cii lD Parcel C Drainage & Access Easement 0.085 0 >< >< Parcel D Drainage & Access Easement 0.193 0 w w C'l C'l Parcel A Sewer & Access Easement 1.014 E , . <C lD Sewer & Access Easement City Owned l- I- Parcel B 0.368 E Parcels lD Cii >< >< w w 12-90 CITY OF CHULA VISTA PROPERTY TO BE DESIGNATED AND SET ASIDE "- ~ CITY OF C.V. SLOPE /).. TO BE SET ASAIIlE ill MAP BB2 o 1000 2000 ~ I SCALE 1"& 1000' 3000 I . HUNSAKER ~ !-~,~9f~!BS ~ '1m......... StI.c INlHIIINC !on ..... Ca ..... U'e'IC ~~t5GO''-'1414 R:\0492\oIlIW'\D' CITY ESJ.fTS.dwg[ 1220]No....30-2005:15:45 - w.o. 2366-23 12-91 " RESOLUTION NO.200S- RESOLUTION OF THE CITY COUNCil- OF THE CITY OF CHULA VISTA APPROV~G THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR OTAY RANCH VILLAGE 11 "A" MAP NO.3 WHEREAS, the Grant of Easements and Maintenance Agreement for Otay Ranch Village 11 "A" Map No.3 for the grant of easements and maintenance agreement sets forth the developer's obligation to maintain landscaping in the public right of way; and WHEREAS, the obligation will be assigned to the homeowner's association (HOA) after the landscaping has been established and turned over to the HOA to maintain; and WHEREAS, further agreements will be brought before council with each subsequent map for HOA maintained public property within the subdivision boundary. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Grant of Easements and Maintenance Agreement for the grant of easements and maintenance for Chula Vista Tract No. 01-11, Otay Ranch, Village 11 "A" Map No.3, 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 to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Sohaib Al-Agha City Engineer f~ ( H:\ENGINEER\RESOSIResos2005\1 O-ll-GSIReso-A-Map #3 Grant of Easements.doc) 12-92 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ? , 1 Ann Moore City Attorney Dated: 11/1 0105 GRANT OF EASEMENTS AND LICENSE MAINTENANCE AGREEMENT FOR CVTNO. 01-11 A MAP NO. 3 12-93 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency for less than a fee interest for which no cash consideration has been paid or received. (ABOVE SPACE FOR RECORDER'S USE) GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 01-11 "A" MAP NO.3 (DEDICATED EASEMENTS) This GRANT OF EASEMENTS, LICENSE AND MAlNTENANCE AGREEMENT ("Agreement") is made as of this _ day of ,200_, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and BROOKFIELD SHEA OT A Y LLC, a California limited liability company ("BSO LLC"). RECITALS A. This Agreement concerns and affects certain improvements within portions of the real property located in Chula Vista, California, more particularly described in Exhibit" A" attached hereto and incorporated herein ("Property"). The Property is part of a planned residential development project commonly known as Windingwalk Planned Development (and also referred to as "Otay Ranch Village 11 "), Chula Vista Tract No. 01-11, being the subject of the City Council Resolution No. 2001-364 (the "City Resolution"). For purposes of this Agreement, the term "Project" shall refer to the overall Windingwalk Planned Development project, including, but not limited to the "Property." B. BSO LLC is the owner of the Property and the Declarant under that certain Master Declaration of Restrictions For Windingwalk filed or to be filed for record in the Official Records of San Diego County, California (the "Master Declaration"). The Master Declaration provides for WlNDINGW ALK MASTER ASSOCIATION, a California Nonprofit Mutual Benefit Corporation ("MHOA") to maintain certain areas in the Project. Furthermore, one or more sub-associations may be formed ("SHOA") for a particularproject( s) within Windingwalk Planned Development, the purposes of which would include the maintenance of certain amenities within the project over which the SHOA has jurisdiction. 10/4/05 -1- 075022-0001 292258.1 12-94 C. The Property is or will become covered by that certain final map(s) (the "Final Maps") described on Exhibit" A" attached hereto and referenced in the title to this Agreement. D. In order for BSO LLC to obtain the Final Maps and for the City to have assurance that the maintenance of certain areas within the Project would be provided for, the City and BSO LLC entered into a Supplemental Subdivision hnprovement Agreement pursuant to the City Resolution, in which BSO LLC agreed that maintenance of such areas shall be accomplished by the creation of a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those particular areas which were dedicated to the public on one or more of the Final Maps but which include landscaping improvements to be maintained by the MHOA. The public areas to be maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas." E. The City desires to grant to BSO LLC easements for landscape maintenance purposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in order to facilitate the obligations of BSO LLC as set forth in Supplemental Subdivision hnprovement Agreements, adopted pursuant to the City Resolution. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as set forth below. I. Grant of Easements. The City hereby grants to BSO LLC and its agents, successors and assigns, non-exclusive easements and rights-of-way over and across the MHOA Maintained Public Areas for the purpose of maintaining, repairing and replacing landscaping improvements located thereon. These grants are made without any warranties of any kind, express or implied, other than the warranty stated in Paragraph 14(f) below. 2. Maintenance Obligations (a) BSO LLC to Initially Maintain. BSO LLC hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, those improvements within the MHOA Maintained Public Areas which are described on Exhibit "C" attached hereto, at a level equal to or better than the level of maintenance which is acceptable to the Director of Public Works Operations, at hislher discretion and equivalent to City or Community Facilities District maintained right-of-way facilities. For purposes ofthis Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair, the provision of water and replacement obligations described herein and on Exhibit "C" hereto and shall also include repair and replacement at no cost to the City of any City owned property that is damaged during performance of the maintenance responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of the City. (b) Transfer to MHOA. Upon BSO LLC's transfer of maintenance obligations to the MHOA, (i) the MHOA shall become obligated to perform the obligations so transferred, and (ii) subject to the City determining that the requirements of Paragraph 3 below have been. 10/4/05 -2- 075022-0001292258.1 12-95 satisfied, BSO LLC shall be released from such obligation. Transfer of maintenance obligations to the MHOA may be phased (that is, there may be multiple transfers). BSO LLC represents to City that it intends to, and has the authority to, unilaterally transfer said maintenance obligations either (i) to the MHOA and that such transfer has been provided for in the Master Declaration, and that such document(s) include the provisions described in Paragraph 3(a)(ii) below, or alternatively (ii) to anew homeowners association (the "New Association") established for maintenance of the open space and thoroughfare median areas in the Property, and that such transfer shall be provided for in the declaration of restrictions (the "New Declaration") for the New Association, and that such document(s) shall include the provisions described in Paragraph 3(a)(ii) below. References below in this Agreement to the "Association" shall include the New Association and "Declaration" shall include the New Declaration ifBSO LLC elects to form a new homeowners association for the Property. (c) Transfer By MHOA. The MHOA shall have the right to transfer Maintenance obligations to a sub-association ("SHOA") or to the owner of an apartment project ("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i) the Transferee shall become obligated to perform the obligations so transferred, (ii) the MHOA shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii) the MHOA shall be released from the obligations so transferred subject to the City determining that the requirements of Paragraph 4 below have been satisfied. Although it is possible that Maintenance obligations might be transferred to an apartment owner, BSO LLC does not believe it is likely that Maintenance obligations will be transferred to an apartment owner. 3. Assilmment bv BSO. LLC and Release ofBSO LLC (a) Assignment. UponBSO LLC's transfer of the Maintenance obligations to the MHOA, itis intended by the parties that the MHOA shall perform the Maintenance obligations either itself or by contractors. Such transfer will release BSO LLC from its obligations only if all of the following occur: (i) MHOAAcceots Obligation: The MHOAhas unconditionally accepted and assumed all ofBSO LLC's obligations under this Agreement in writing, such assignment provides that the burden ofthis Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations ofBSO LLC under this Agreement. The assignment shall also have been approved by the appropriate governing body of the MHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonablywithhold its consent to such assignment. (ii) MHOA's Master Declaration. The City has confirmed that there have been no modifications to the recorded Master Declaration previously approved by City, to any of the following provisions: the MHOA shall be responsible for the maintenance ofthe MHOA Maintained Public Areas, the MHOA shall indenmify City for all claims, 10/4/05 -3- 075022-0001292258.1 12-96 demands, causes of action, liability or loss related to or arising from the maintenance activities, and the MHOA shall not seek to be released by City from the maintenance obligations of this Agreement, without the prior consent of City and one hundred percent (100%) of the holders of rust mortgages or owners of the Property. (iii) MHOA Insurance. The MHOA procures and formally resolves to maintain at its sole cost and expense, commencing no later than the City's release of all ofBSO LLC's landscape maintenance bonds, a policy of public liability insurance which at least meets the requirements of Section 5.1 (a) of the Master Declaration which reads as follows: (a) General Liability Insurance. The Master Association shall obtain a comprehensive general liability and property damage insurance policy insuring the Master Association and the Owners against liability incident to ownership or use of the Master AssociationProperty. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best of "A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements the Master Association do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds; (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits ofliability." This Section 5.1(a) may not be amended without the written consent ofthe City Planning Director or City Attorney. 10/4/05 -4- 075022-0001292258.1 12-97 The MHOA shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. (b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, BSO LLC shall be released from its obligations under this Agreement, including its security and insurance requirements. BSO LLC acknowledges that it has a contractual obligation to perform the terms and conditions of this Agreement until and unless released by the City from this Agreement. At least sixty (60) days prior to such transfer, BSO LLC shall give a notice to the City ofBSO LLC's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3(a). 4. Assilmment by MHOA and Release of MHOA. (a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall perform the Maintenance obligations either itself or by contractors. Such transfer will release the MHOA from its obligations only if all of the following occur: (i) Transferee Accepts Obligation. The Transferee has unconditionally accepted and assumed all of the MHOA's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assume.s the obligations of the MHOA under this Agreement. If the Transferee is an SHOA, the assignment shall also have been approved by the appropriate governing body of the SHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) SHOA's Declaration of Restrictions. If the Transferee is an SHOA, the City has reviewed and approved the SHOA's recorded Declaration of Restrictions to confirm that said document contains appropriate maintenance and insurance provisions. (iii) SHOA Insurance. The Transferee procures and formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance which meets the requirements set forth in Paragraph 3 (a) (Hi) above. The SHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the MHOA shall be released from its obligations under this Agreement, including its security and insurance requirements. At least sixty (60) days prior to such transfer, MHOA shall give notice to the City of MHO A's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 4(a). 1014105 -5- 075022-0001292258.1 12-98 5. BSO LLC's Insurance. Until such time as the l\.1HOAhas obtained the general liability insurance required by Section 5.1 (a) of the Master Declaration, BSO LLC agrees to procure and formally resolves to maintain at its sole cost and expense, commencing no later than the date that the landscape architect of record has submitted a letter of substantial conformance pertaining to work being completed to the General Services Department and the General Services Department Director or his designee has deemed the work complete and satisfactory, a policy of public liability insurance that would include, but is not limited to the following: General Liabilitv Insurance. BSO LLC shall obtain a comprehensive general liability and property damage insurance policy insuring BSO LLC against liability incident to ownership or use of the Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best" A, Class V" or better with modified occurrences and as admitted by Best's fusurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The CityofChula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements BSO LLC do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds and; (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits ofliability." BSO LLC shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. 6. Indemnitv. BSO LLC shall defend, indemnifY and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein II claims or liabilities "), that may be asserted or claimed by any person, firm, or entity because of or arising out of or in connection with the use, maintenance, or repair of the MHOA Maintained Public Areas. BSO LLC shall not have any liability under this section by reason of the Transferee's failure to maintain. 7. Indemnitv If Transferee. The document whereby BSO LLC transfers a Maintenance obligation to a Transferee shall be signed by both BSO LLC and the Transferee and shall set forth an express assumption of Maintenance and other obligations hereunder and shall include the following indemnification provision: Indenmitv. The Transferee shall defend, indemnifY, and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to 10/4/05 -6- 075022-0001292258.1 12-99 persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities "), which result from the Transferee's failure to comply with the requirements of the obligations transferred hereby to Transferee. Transferee shall not have any liability under this Indemnity by reason of another party's failure to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This Indemnity may not be amended without the written consent of the City Director of Planning and Building or City Attorney. 8. Agreement Binding Upon Any Successive Parties. This Agreement shall be binding upon BSO LLC and any successive Declarant under the Master Declaration. This Agreement shall be binding upon MHOA and any Transferees upon transfer of maintenance obligations to the MHOA or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. 9. Agreement Runs With the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit ofthe Property and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 10. Governinl! Law. This Agreement shall be governed and construed in accordance with the laws ofthe State of California. 11. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office. 12. Counternarts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 13. Recording. The parties shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved by the City Council. 14. Miscellaneous Provisions. (a) Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either 10/4/05 -7- 075022-0001 292258.1 12-100 party shall be in writing and shall be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A partymaychange such address for the purpose of this Paragraph by giving written notice of such change to the other party. If To City: CITY OF CHULA VISTA Department of Public Works/Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer If To BSO LLC: BROOKFIELD SHEA OTA Y LLC c/o Brookfield Otay LLC 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014 Attn: Mr. Adam Pevney With a Copy To: Shea Otay Village 11, LLC 9990 Mesa Rim Road San Diego, CA 92121 Attn: Mr. Alex Plishner (b) Captions. Captions in this Agreement are inserted for convenience of reference and do not defme, describe or limit the scope or intent of this Agreement or any of its terms. (c) Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, understandings and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. (d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. 1014/05 -8- 075022-0001292258.1 1 2-1 01 (e) Compliance With Laws. In the performance of its obligations under this Agreement, BSO LLC, its agents and employees, shall comply with any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. (f) Anthority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. (g) Modification. This Agreement may not be modified, terminated orrescinded, in whole orin part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records ofthe San Diego County Recorder's Office. (h) Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to person or circumstance, shall not be affected thereby and each term, covenant or condition shall be valid and be enforced to the fullest extent permitted by law. (i) Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. CITY OF CHULA VISTA, a municipal corporation By: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk APPROVED AS TO FORM: By: Ann Moore, City Atto)11ey 10/4/05 (rev.) -9- 075022-0QO 1 292258.2 12-102 BROOKFIELD SHEA OT A Y LLC, a California limited liability company By: Brookfield Otay LLC, a Delaware limited liability company, member By Its By: Shea Otay Village II, LLC, a California limited liability company, member By: Shea Homes Limited Partnership, a California limited partnership its Sole Member By Its: ---=::::, By Its: Authorized Agent STATE OF CALIFORNIA ) ) ss. ) COUNTY OF SAN DIEGO On Oc.tobe( c;" ,2002, before me, N.\(J)k: :"lixV1e.!r ltlnd Notary Public in and for said State, personally appeared RonlLld. D. GVLLnOuJ 11 VIti E. 1)/ile C.,leed personally known to me (or llrSY@d te me ea the bit;,;, uf ,,,t>~fltelsry e-/ideaee-) to be the person( s) whose name( s) is.Iare subscribed to the within instrument and acknowledged to me that lie/slle/they executed the same in Ris/fier/their authorized capacity(ies), and that by ffls.'h81:itheir 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 ~LbLt.. ~wl~ I@---- - Nl~07E ~~~~ - ~ _ CommlAlon ill 555413 i' Notary PublIc: - California ~ t San DIego County d _ _ _ ~~~~_~2~2 (Seal) 10/4/05 -10- 075022-0001292258.1 12-103 ST ATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On OL--fdYf 7 ,200~, before me,Ue/C'L,:/t..' GJ("-P'~_' 6/2ze,e: Notary Public in and foqiaid State, personally appeared /)/ru. ,) (jt", -- /,)J;, '5A ,1" ,~ J ~ I " , f) ;7 I- /1/' 4- /~2,;f)Ti1 /!,. , 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 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. Signature -flu . 'J. C.L-l..:';.___- ( ,I / " '. / /<(.L "'?L v' / -, ,j r/ / I . c'-l ,. ,1__/ .1i)IHERESA GAYlE GROVE ~ -00 Comm. # 1515111 (/l · HOWl MlIC. CAlJfOlNlA 1 5GnDil9oC"'~: My eo.m, ~ ....5, 2101 ! WITNESS my hand and official seal. )~ (Seal) 10/4/05 -11- 075022-0001 292258.1 12-104 EXIllBIT "A" Lel!:al Descriotion 10/4105 075022-0001292258.1 12-105 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: A PORTION OF CROSSROADS STREET AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 "A" MAP NO.3, ACCORDING TO MAP THEREOF NO. FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON ,2005 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. PARCEL A.1: A PORTION OF DISCOVERY FALLS DRIVE AS DEDICATED TO PUBLIC USE ON SAID MAP NO. PARCEL A.2: A PORTION OF EXPLORATION FALLS DRIVE AS DEDICATED TO PUBLIC USE ON SAID MAP NO. ~~1( ad 151~:' HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 M:\2366\23\LEGAL DESCRIPTIONS\A30 Esmts & Maint A Map No 3 .doc WO 61-431 12-106 EXHIBIT "B" Plats Showing Public Areas To Be Privately Maintained 10/4105 12-107 075022-0001292258.1 EXHIBIT "B" CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 "A" MAP NO.3 SHEET 1 OF 3 LEGEND: AREA TO BE MAINTAINED BY ASSOCIATION 9 ~ SUBDIVISION BOUNDARY PARCEL A-I ~ ~ ~ S ~ 10 8 SEE SHEET 2 LOT ''A JJ (SCHOOL SITE) Cl Cl '" II ~:.. ~~ . HUNSAKER ~ "A:~?f~ TES ~~-- ~s...DIop,CoImI :Il.IlM'I'N:~.fllWIl5Se.'lN R'\0492\8.Mo.p\EX RD'<I MAINT AGREE SHT l.dwg[ 1az'2HJ'ir22-2005'14'47 EXHIBIT "B" CHULA VISTA TRACT NO. 01-11 OTAYRANCHVILLAGE 11 "A" MAP NO.3 SHEET20F3 4 9 "- 8 LEGEND: ~ ~ ~ <0- <..T 5 ~ AREA TO Be MAINTAINeD BY ASSOCIATION LOT 'i1 JJ (SCHOOL SITE) c c '" II ~~ ~~ . HUNSAKER ~ ~A~,~,?~~,;;r-s ~'DVt__ ~s.,~Ca_ uvm<<: ~~'M1OI R'\0492\8.MClp\EX ROV MAINT AGREE SHT 2.clwg[ ,lt2'.lld<gl-22-2005,14,50 EXHIBIT "B" CHULA VISTA TRACT NO. 01-11 OTA Y RANCH VILLAGE 11 "A" MAP NO. 3 SHEET 3 OF 3 LEGEND: ~ AREA TO BE MAINTAINED BY ASSOC/A TlON ~ <.<' ~ ~ ~ PARCEL A-2 a a '" 11 ~:.. ~~ . HUNSAKER ~ "A~,~?~~ IB rwNNC 1DVlI-""""_ ~SMtIop,oomn llIlVl'fIofC~.~_ R:\0492\&Mo.p\EX RDV MAINT AGREE SHT 3,dwg[ 11. .:1tU 22 2005:15:58 EXHIBIT "C" Maintenance Responsibilities City of Chula Vista Area HOA Maintenance Maintenance Parkways within those Landscaping in the parkways Maintenance of curb, gutter, portions of those public road including irrigation, trimming sidewalks and pavement. shown on Exhibit "B" and pruning of trees, and maintenance and irrigation of turf areas, and maintenance of any project signage or similar proj ect monurnentation. 10/4/05 075022-0001292258.1 12-111 COUNCIL AGENDA STATEMENT Item No.: /3 Meeting Date: 12/06/2005 ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving the executed Mills Act contracts between the City of Chula Vista and the owners of the historic sites located at 170 Cypress Street and 10 Second Avenue and authorizing the Mayor to sign said contracts. SUBMITTED BY: Director of PI~J and Building .JJ~ City Manager fl ),"- P R 12, -;j;'Y' SI~\J)L REVIEWED BY: (4/5ths Vote: Yes_NolO Staff, in accordance with Policy #454-01, has prepared contracts for two owners of historic homes who want to participate in the Mills Act program this year. Upon authorization by the City Council, the City will enter into the contracts, which will then be forwarded to the County Assessor's office for recordation, making the properties eligible for tax credit in the next assessed tax year. RECOMMENDATION: That the City Council approve the executed contracts for those property owners who have elected to participate in the Mills Act Program at this time. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission reviewed these contracts on November 7, 2005 and recommends that the City Council approve each of the contracts that are being considered at this time. DISCUSSION: On May 29, 2001 Council adopted a policy (Policy #454-01) that allows the City of Chula Vista to enter into Mills Act Agreements with owners of historic properties. These agreements will help provide the property owners fmancial assistance in the form of property tax relief. Staff, with the approval of the City Attorney has prepared contracts that have been entered into by the owners of historic homes who want to participate in the Mills Act Program Staff has met with those homeowners that have applied to participate in the Mills Act Program and together with each homeowner has determined a list of potential improvements to the property to be completed over the next ten (10) years. Some of the potential improvements include: painting the homes with historic colors, new roofs, and general maintenance and repairs that will help retain the property's historic character. Subsequent to this each property owner signed the contract thus showing their agreement to the provisions of the contract. Each contract was considered by the RCC who recommended that Council approve said contracts. 13-/ Page 2, Item No.: /3 Meeting Date: 12/06/2005 Review and approval by the City Council of the executed Mills Act contracts is necessary for the City to enter into each of the Mills Act Agreements. Upon approval by the City Council and signature by the Mayor, the City will enter into the contracts, which will be forwarded to the County Assessor's office for recordation. FISCAL IMPACT: hnplementation of the Mills Act contracts will have a nominal fiscal impact on the City. The City only receives $0.147 of each property tax dollar, therefore there will be minimal fiscal impact associated with the reduction in property taxes as a result of the Mills Act Program. Attachments 1. Mills Act Contracts 2. Photos of the properties J :\Planning\Lynnette\council\mills act contracts agenda statement 2ooS.doc /3-2. 1 --.-. ~---_._-_.- , CITY OF CHULA VISTA PLANNING & BUILDING DEPARTMENT 276 Fourth Avenue Chula Vista, CA 91910 - . ~-- ..--.--.-----. J ~tA VISrA MILLS ACT APPLICATION FORM II APPLICANT/OWNER INFORMATION Applicant/Owner Name:f1/;//;tl/J1 C. UWa//m ApPfiCa~wner Address: I~ f(jf?rc-JS Phone: e) ;;(tJ3-3tJd g Secondary Owner Name: /)/tl.l1;( II. VNtl/!,P11 Owner Address: I??J ~~ Phone: (~I1) d63- Sris -37;JD II Staff Use Case #: Date Submitted: CO~NE~~PROVALlSR UJRED NAME: U({lIh'''l-f. LeWAn t"A/-_-:NM1E:H I SIGNATURE: I~ [ _ , ( ~ A_, _ _' __SIGf'.!.A~ ,_ DATE: 2-7 NOli' '7.-00,> DATE: z- 2--- ))(V ?.Pi o-.s--- I I I PROPERTY INFORMATION f Property Address:: (?tJ tZ~Drr"'SS/ Assessor's Parcel Number [Required): 5101- /2/-;)- !Jtf'-tJO v Zone: tt'sldlYlho/' mSTORIC/LANDMARK INFORMA nON Is the site designated as Historic? y t?S#Z3 If yes, where? f- Local State National Is the site on the Local Register Listing? If yes, Date of Listing: I PROPOSEDSTRUCTURE~PROVEMENT II The goal of the Mills Act Program is to encourage the use, maintenance, and restoration of historical properties and retain their characteristics as properties of historical significance, Please list restoration improvements, either speCific or general, that you/the owner intend to corry out to aChieve/mpintain the goal of the M'lIs Act Program. (Atta h a separate sheet if necessary) --.t01771!7t1{Z1 J r /?v3 /lu CypreJ S j3-tj 1:3 -5" l=f() Cy pre.{!' CITY OF CHULA VISTA PLANNING & BUILDING DEPARTMENT OTYOF 276 Fourth Avenue OiUlA VISTA Chula Vista, CA 91910 Mills Act APPLICATION FORM II APPLICANT/OWNER JNFORMATION II ';~~:;~~f!~~,::~,~._,::~":' Case #: Applicant/OWner Name:C.hrlntlan ~ Prisd\\o. frc-e.mall 0 te S b 'Il d a u ml e : Applicant/Owner Address: 10 2nd AIL. (JtJ\JI'-LVi~ Phone:{iI'H0,\~'9-' . D0-4? (.A- ,q1Cl~D Secondary Owner Name: Owner Address: Phone: ~ . r-_ OWNERAPPROV NAME:. :c~ h \1p..'l'l\a.'n NAME: SIGNA: _ ,:.\-::. ~ SIGNA DATE: .";" DATE: , I PROPERTY INFORMATION Property Address: \0 'L.nd Ave... I..:lrlo\a \/1'1>b( CPr Assessor's Parcel Number (Required): $lf;(" -. Dl1>b -6:f- (7) Zone: II '-'t ,q \u Ii! - I I HlSTORlCILANDMARK JNFORMATION Is the site on the Local Register Listing? Yes \7'" No ______ Date of Designation Is the site designated as Historic on the State and/or Date of Designation: II- 171,s nc ~7G v National Register? ? r i PROPOSED STRUCTUREIIMPROVEMENT II The goal or the Mills Act Program is to encourage the USt; maini-enanee, attd i'eSiOi'ation QI h:i:5tor~ propertles and rctam Uieu characteristics as properties of historical sig,nficance. Please list restoration improvements, either specific or genera~ that youlthe ~ ~ ;::, ~ -C:) s ~ "Ili\" - ~ .. ..1ln 1\ \iIr. ". "t..~~-"~~~.'.."'.'...'...i1.....].\""; t... . ....." ~-,,~ i "\ -~ ~ '" " ,..,. .. - ,~ .~~, . "'" . RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EXECUTED MILLS ACT CONTRACTS BETWEEN THE CITY OF CHULA VISTA AND THE OWNERS OF HISTORIC PROPERTIES LOCATED AT 170 CYPRESS STREET AND 10 SECOND AVENUE AND AUTHORIZING THE MAYOR TO SIGN SAID CONTRACTS. WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills_Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance, and; WHEREAS, following Council's Policy Number 454-01, adopted May 29,2001, upon approval by City Council the City ofChula Vista will be able to enter into said Mills Act Agreements with property owners of qualified historic properties, and; WHEREAS, City and Owner(s), for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code (and as amended from time to time), and; WHEREAS, the Owner(s) are determined to be the owners of: 170 Cypress Street and I 0 Second Avenue, and; WHEREAS, State legislation defines a qualified historic property as any property that is listed on a national, state or local historic register, and; WHEREAS, all said properties are all listed on Chula Vista's List of Historic Sites, and therefore are all deemed as "qualified historic properties", and; WHEREAS, the Resource Conservation Commission at their regular meeting held on November 7,2005 reviewed each contract in its entirety and made the recommendation to City Council to approve the City of Chula Vista to enter into said contracts, and; WHEREAS, the Environmental Review Coordinator has determined that this project is exempt per the California Environmental Quality Act (CEQA), Section 15331, Class 31, Historical Resources Restoration and Rehabilitation, and; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the executed Mills Act contracts between the City Of Chula Vista and the owners of the following historic properties: 170 Cypress Street and 10 Second Avenue, all located in the City of Chula Vista. BE IT FURTHER RESOLVED that the City Council does hereby authorize the Mayor to execute said contracts on behalf of the City of Chula Vista. Presented by: James D. Sandoval Director of Planning & Building I ::.j...- / / THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL p~ Ann Moore City Attorney Dated: 11/30105 MILLS ACT AGREEMENT FOR PROPERTY LOCATED AT 170 CYPRESS STREET, CHULA VISTA WITH WILLIAM E. LEWALLEN AND DIANA A. LEWALLEN ("OWNERS") ;3-/2- //.;, ( . ,/?J .; I Recording Requested by and Please Return to: City Clerk City ofChula Vista P.O. Box 1087 Chula Vista, CA 91912 11 This Space for Recorder's Use Only 11 APN(s) 569-142-06-00 MILLS ACT AGREEMENT For property located at 170 Cypress Street, Chula Vista, CA 91910 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and William E. Lewallen and Diana A. Lewallen ("Owners"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor Parcel No. 569-142-06-00, and generally located at the street address 170 Cypress Street, Chula Vista, California, 91910, (Historic Site #23). WHEREAS, the Chula Vista City Council declared and designated the above property as Historical Site Number 23, pursuant to Chula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: 1. Compliance with Council Policv. Owner shall comply with Council Policy Number 454- o I incorporated herein by this reference. /5-13 Page 2 of6 Mills Act Contract 2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner should preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate the property, in accordance with the rules and regulations published by the Secretary of the Interior and as amended from time to time (Attachment A). Work should be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b. Owner should maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; 11. Scrap lumber, junk, trash or debris. Ill. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; IV. Stagnant water or excavations, including pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic examination of the Historic Site, by prior appointment, if a request is made by representatives of the City of Chula Vista Planning Department, County Assessor, State Department of Parks and Recreation or the State Board of Equalization. d. The owner shall allow visibility of the exterior of the structure from the public right-of-way. e. Should owner apply to the City for a permit for demolition, substantial exterior alteration or removal ofthe Historic Site, Owner shall attend and participate in a scheduled hearing regarding such applicatioI;l before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to the City. f. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City issuance of the requested permit. 3. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City which the City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement. 4. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines that Owner has breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the City's or State's standard, /3- / if Page 3 of6 Mills Act Contract for a qualified historic property. In addition, City may cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days (provided that acts to cure the breach or default must be cornmenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out ofterms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies of law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic sites are available to the City to pursue in the event there is a breach ofthis Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restriction are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical characteristics and significance of the Historic Site for the benefit of City, the public, and Owner. 7. Effective Date and Term of Agreement. This Agreement shall be effective and commence on to be determined (but no earlier than approval of the agreement by the City /3-/5 Page 4 0[6 Mills Act Contract Council), and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 8. Renewal. Each year on the anniversary of the effective date of this Agreement (the "renewal date''), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or City shall serve written notice of non-renewal on the other party in advance ofthe annual renewal date ofthe Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City or Owner serves notice to the other of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal ofthe Agreement, whichever may apply. 9. Notice. Any notice required to be given by the terms ofthis Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: CityofChula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910 To Owner(s): William and Diana Lewallen 170 Cypress Street Chula Vista, CA 91910 / S- / b Page 5 of6 Mills Act Contract 10. General Provisions. -- --- - a. None ofthe terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Approval ofthis Agreement shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances. c. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use of operations of Owner or those of his or her contractor, subcontractor, agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend the City and its elected Officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Owner's activities in connection with the Historic Site. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. d. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historical Site, whether by operation of law or in any manner whatsoever. e. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. f. This Agreement shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Agreement on behalf of Owner, the agent or representative must furnish proof, to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. g Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto /3-/7 Page 6 of6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 170 Cypress Street, Chula Vista, CA 91910 CITY OF CHULA VISTA Date: OWNER(S) OF RECORD Date: lZ NoY: 1JxJ.5 Approved: Stephen C. Padilla, Mayor By: Wf, LA (Notarized Signature) Date: Date: Z -z-. JVov ~ Attest: By: Susan Bigelow, City Clerk Date: Approved as to form: Ann Y. Moore, City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. /3--/8' ATTACHMENT "A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF HISTORIC STRUCTURES 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic . materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that ifremoved in the future, the essential form and integrity ofthe historic property and its environment would be unimpaired. /5-/1 2/05 12: 29 FAX C,Y. PLANNING & BUILDING SOUTH COAST REAL EST c. V. J!L.ANI'IU'1J..O II. ~lJ.L.1..UJ..l''''' I4J 002 ..E~G~ 021.02 2/2005 11:18 5195853939 ll/05 16: 55 l'AX - -' ATTACHMENT "B" l\1ILLS ACf AGREEMENT SUPi>J~El.\mNTAL (To be completed by the Owner) Please list, to the best ofycur knowledge, the improvements that have been made over the past 10 years to maintain or .ehabilitate this property; . .JM.PR07MENT . , Xn-teVIDr- J,..JOoc! /otJr.f. a..rr..al wood +n/VI ,welle c,o"l'1\pJ.efel4. re.G-toY'ed to f'f'~rrtbLe. Old/I\€<.. I. ~u!; e,ulN p'O{~I\..-t~cI. IOYO~II\...Wm.dow e1a&S. wu-s r-eplCl.ced . -to (YtOd,-l'J-t tJrl~itlla..( 8txJlc.. E::'J!Ctl2vtoy- Cumf?/iitl-L:J ra..pc,lll1+ed rY\l '>&~ 6hJ~4'..s ~'€..pldtcecl +0 yY1O(.k[, ~ rl ,5lfv:t1 ~~ Ie. r-JuJ LatVJfIs.ca.,p) /'-13 W(t s ; I1cS-k Il(!c(, Please list the improvements and restorati.ons that you intend to milke over the next 10 . yews. List them in order of your priority based upon anticipated need far proper Jrulintenam:e. YEAR Zl!J c6 ! PRIORITY IMPROVEMENTIRESTORATIONS tOe/tt..O raJ ~ V1.~')O , ~ fl/l.01. i fL+eJta.ltC e t.J \ 11 bL p.Pr-F'orIYtP07 +0 lev-p --J.-kt !v::,uSt In eCJo& Co1\.diHvn. 100 fuv'4-i'l12V" ltht''rD v-eWLP~ aVtt plaY!. Nlpt a;.+ -rh i ~ -n1f1 e. , OWNER CERTIFICATION: I certify that I am presently the legal owner of the subj ect property, Further, I acknowledge the supplcroental inforrn.atian OD. this foDD. will b sed as an exhibit attached to the Mills Act Agreement, ~oS SI lJ j~;j'_AJ ) / Q- 2-0 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL /1)/1 fJZLL /' / Ann Moore V City Attorney Dated: 11/30/05 MILLS ACT AGREEMENT FOR PROPERTY LOCATED AT 10 SECOND AVENUE, CHULA VISTA WITH CHRISTIAN AND PRISCILLA FREEMAN ("OWNERS") /3-21 Recording Requested by and PlelJSe Return to: City Clerk City of Chula Vista P.O. Box 1087 ChuIa Vista, CA 91912 . 1J This Space for Recorder's Use Only 1J ~:566-06~07-OO MILLS ACT AGREEMENT Fur properly located at i 0 Second Avenue Chuia Vista, CA 91910 THIS AGREEMENT is entered into by and between TIIE CITY OF CHULA VISTA, a municipal corporation ("City") and Christian and Priscilla Freeman ("Owners"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor Parcel No. 566-060-07-00, and generally located at the street address 10 Second Avenue, Chula Vista, California, 91910, (the "Historic Site''). WHEREAS, after a public hearing, the Chula Vista City Council declared and designated the above property as Historical Site Number 40, pursuilnt to Chula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code (and as amended from time to time). NOW TIIEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: /8-22 ~..;--:; 2.".,Z'f6 Mills Act Contract 1. Comoliance with Council Policv. Owner shall comply with Council Policy Number 454- '01 incorporated herein by this reference. '2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner should preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate the property, in accordance with the rules and regulations published by the Secretary of the Interior and as amended from time to time (Attachment A). Work should be done in accordance with the attached schedule of potentiai home improvements, drafted by the Owner (Attachment B). O. Owner should maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris. iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refiigerators, cans, containers, or similar items; IV. Stagnant water or excavations, including pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. !h Owner shall allow reasonable periodic examination of the Historic Site, by prior appointment, if a request is made by representatives of the City of Chula Vista Planning Department, County Assessor, State Department of Parks and Recreation or the State Board of Equalization. d. The owner shall allow visibility of the exterior of the structure from the public right-of-way. . e. Should owner apply to the City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a . scheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to the City. f Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City issuance of the requested permit. 3. Information ofComoliance. Owner hereby agrees to furnish City with any and all information requested by the City which the City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement. 4. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cance! this Agreement if it determines /3-23 Page 3 of6 Mills Act Contract that Owner has breached any of the conditions of this Agreement or has allowed the .property to deteriorate to the point that it no longer meets the City's or State's standards for a qualified historic property. In addition, City may cancel this Agreement if it . determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 5. EnforcementnfA!!reement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies of law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic sites are available to the City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 6. Binding Effects of Agreement. The Owner here~y subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as Set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restriction are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical characteristics and sigIJJficance of the Historic Site for the benefit of City, the public, arid Owner-:- - /5-2L/ Page 4 of6 Mills Act Contract 7. Effective Date and Term of Agreement. This Agreement shall be effective and co=ence on to be determined (but no earlier than approval of the agreement by the City Council), and shall remain in effect for a term often (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 8. Renewal. Each year on the anniversary of the effective date of this Agreement (the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or City shall serve written notice of non-renewal on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City or Owner serves notice to the other of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 9. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: City of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910 To Owner(s): Christian and Priscilla Freeman 10 Second Avenue Chula Vista, CA 91910 /3_25 ?age 5 of6 Mills Act Contract 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Apprbval of this Agreement shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ornin"nr.es. c. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death. and claims for Dropertv damage which mav arise ITom the direct or indirect use of operations of Owner or those of his or her contractor, subcontractor, agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend the City and its elected Officials, officers, agents, and employees with respect to any and all actions for damages caused"by, or alleged to have been caused by, reasons of Owner's activities in connection with the Historic Site. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardiess of whether or not the City prepared. supplied, or approved the plans, specifications, or other documents for the Historic Site. d. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion pfthe Historical Site, whether by operation of law or in any manner whatsoever. e. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and ~orceabi1ity of the remaining provisions, or portions thereof. shall not be effected thereby. f. This Agreement shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Agreement on behalf of Owner, the agent or representative must furnish proof, to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. g. This Agreement shall be construed and governed in accordance with the laws of the State of California j l. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. 12. Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto /3-2b Page 60f6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 10 SECOND AVENUE CHULA VISTA, 91910 CITY OF CHULA VISTA Date: OWNER(S) OF RECORD Date:Jl] l~ I c5 ~" ) Approved: Stephen C. Padma, Mayor Date: film/us Attest: Susan Bigelow, City Clerk Date: Approved as to form: Ann Moore, City Attorney OWNERS PLEASl:i.I:iA V l:i NOTAKY PUHLiC ATtACH A Sl:iP ARATl:i PRUUF OF NOTARY PAGE WITH SIGNATURE AND SEAL. /6-2.7 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of calif~ :-y_ County of ,"1. (F on(I-I~-05 D.. ..... personally appeared Nama{s) !;If SlgMl(s) ....,s'ersonally known to me o proved to me on the basis of satisfactory evidence j~ E",' "'"'" t - ~1D, Cornrn.11383629 <; lJl iI NOTARVPUBlIC.CAlIFORNIA lJl San DillgoCounly - My Comm. Expires Hov. 5, ZOOS .. !~'Tl': (~,~i; m~~~029 ~Ul Ul A;':':'. : . . ~.~L:" ',.eM II' .:tNIA 1 . ..~. ,~~... : . ~,_ Niv 1,,\"11,;,. -i.~~i<." ti.<; ~,1006 t .-, .. to be the person(s) whose name(s) $Jare subscribed to the within instrument and acknowledged to me that .I:>oIeIlelthey executed the same In .I:Iie/I11!r/their authorized capacity(ies), and that by ~/their S nature(s) on the instrument the person(s), or t e entity upon behaif of which the person(s) a ted, executed the Instrument. ITN ESS"my hand and official seai. SlgnalUllI of Notary Public OPTION Though the information below is not required by law, it may prove va uabl t persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . Top al thumb here o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attomey-in-Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: IQ 1999 Nallclnal Notary AlIsociation. 9350 DB Solo Ave., P.O. Bolt 2402. Chatsworth. CA 91313-2402' _.nallonalnotary.orq Prod. No. 5S07 Reorder. CalITQII-FIH 1-8OC.ll76-6827 /6-28 ATTACHMENT "A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF mSTORlC STRUCTURES 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2, The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be ~vninp.tl 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken: 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techuiques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. w nere the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. 7. Cheruical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface c1eauing of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, ruitigation meaSures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be 4ifferentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent orrelated new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and-its environment would be unimpaired. /3- 29 ATTACHMENT "B" MILLS ACT AGREEMENT SUPPLEMENTAL (To be completed by the Owner) Please list, to the best of your knowledge, the improvements that have been made over the past I 0 years to maintain or rehabilitate this property. YEAR 2003 IMPROVEMENT ~~. ~r-c.bwn. ~.~ -i9~~oo1'w,n " c..o~\e:~,/ f'eMJ -fC13 ~'Of\ bill tt ~"io,cttl) "I ... ". " . .,.,. _ 2.003 ~~\~el_ 0-1 . 'O~d7'arcl.~\n~~>Ol\"i~F-\ or _ rc..>\ J -1c.;c..v~~1 I \o.nll.sc..~Il)~r tL~:.a:.;o) f;, ..., z..o:::><T -+O')(f';;;. 'l?"\ rt ~ "WO{.... 01 ~ ~"':r'{ t:1Pun~ "",,,rv""1~ I __<_..1....''- __"\ro...r. .-1...rap _..L.t"..~ ...........-O'l .I._A _ _ ~ x '-V--J Jt...;,rlU~\Ar-t'.."""j/ ,.-- l"lHH,,~j~~ ~""Tvuo/ Please list the improvements and restorations that :YOu intend to make over tile next 10 yeatS. List them in order of your priority based upon anticipated need for proper rrnJi.".tffll~~P. PRIORITY AiP \~ "\ . 7 -- IMPROVEMENT/RESTORATIONS ~ 6 "\ ;p:.il.n+ e<r-\e.r~r ~ ~\,0i ~c. U\J\"I\bG l'"'f\ r";' r.. I" .r.l \ ^- 'C'r-. urX\ """to I~J ..,..............) --....;;- ____\.....~ 1____'."',... I t:.--- \'-'\)'10.:>: ~ i ' 'C) ho,^,~ ~ior t'OC'cks I Vl" ().f:(?rs'l . \ ' OWNER CERTIFICATION: I certify that I am presently the legal owner of the subject property. Further, I acknowledge the supplemental information on this form will be used as an exhibit ~. . - -~- .". - ~ attacheQ to the MIlls Act Agreement. ~~ \--F f.. (\ ( ) ,\ } / \ ,.tJ~C" Date: tI W lJ..J l \'\ \ q \QS- S' '\ 18-30 PAGE I, ITEM NO.: ) 4- MEETING DATE: 12/06/05 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: RESOLUTION APPROVING AN AFFORDABLE HOUSING TRANSFER AGREEMENT RELATED TO OTAY RANCH VILLAGE SEVEN BETWEEN THE CITY AND MCMILLIN OTAY RANCH, LLC AND AUTHORIZING THE MAYOR T EXECUTE THE AGREEMENT SUBMITTED BY: ASSISTANT CITY MANAGER/ COMMUNITY DEVEL P"1'ENT DIRECTOR REVIEWED BY: CITY MANAGER .. I , 4/5THS VOTE: YES D NO 0 BACKGROUND On October 12, 2004, the City approved the Otay Ranch Village Seven Sectional Planning Area (SPA) Plan (Ordinance No. 2981) and a tentative subdivision map for the Property (Resolution 2004- 331). Condition number 31 of the SPA conditions of approval and Condition number 154 of the tentative map require that McMillin Otay Ranch, LLC (the "Developer") enter into an Affordable Housing Agreement with the City to implement its affordable housing obligation for Otay Ranch Village Seven (the "Project"), as defined in the City's Housing Element, the Ranch Wide Affordable Housing Plan and the Affordable Housing Plan of the SPA. To comply with these conditions, an Agreement for the Project has been prepared for Council's consideration and approval. The Final Maps, Subdivision Agreements, and Supplemental Subdivision Improvement Agreements for those properties within Village Seven will be considered by the City Council this evening. RECOMMENDATION That Council adopt the resolution approving the Affordable Housing Transfer Agreement for Otay Ranch Village Seven between the City and McMillin Otay Ranch, LLC and authorizing the Mayor to execute such Agreement on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. 14-1 PAGE 2, ITEM NO.: MEETING DATE: /4 12/06/05 DISCUSSION The City's State-mandated Housing Element, which was adopted by Council in December 2000, requires the provision of housing for all economic groups and distribution of affordable housing developments throughout the City. The City's strategy to implement this mandate is to require 10 percent of any new subdivision in excess of fifty (50) units to be made affordable for low and moderate-income families (5% low and 5% moderate) and to balance affordable housing development throughout the City. The primary objective of this policy is to increase affordable housing opportunities in the new planned communities in the eastern part of the City. Based on a total of 759 residential housing units which are currently allowed to be constructed within Otay Ranch Village Seven under the Developer's ownership (the "Proiect"), the Developer has an obligation to provide 38 units affordable to low income households and 38 units affordable to moderate income households. In order to ensure satisfaction of this obligation, the City has prepared an Agreement for Otay Ranch Village Seven for Council's consideration and approval. It is also proposed that the Agreement will govern the remaining two (2) low income housing units required from Rolling Hills Ranch Neighborhood 7C. The residential neighborhoods of Otay Ranch Village Seven are predominantly single family and low density neighborhoods. Therefore, staff and the Developer have agreed that the new construction of low and moderate income housing units within Village Seven would present an unreasonable hardship to the Developer in light of such factors as the difficulty in integrating such units due to the significant price and project disparity. Therefore, it is the intent of the Developer to transfer the affordable housing obligation of Village Seven (76 total affordable units) and Rolling Hills Ranch (2 low income units) to that property owned by the Developer in Otay Ranch Planning Area 12/Eastern Urban Center (EUC) Staff and the Developer further agree that the public interest would be better served by allowing the affordable housing to be produced or operated within the Developer's EUC property. The Developer's EUC property would be preferable location for affordable housing due to its proximity to needed services and employments centers, such as public transit, services and entertainment, and the proposed University. The transfer of such obligation would not be detrimental to achieving balanced residential communities within Otay Ranch since such obligation would remain within the Ranch. 14-2 PAGE 3, ITEM NO.: MEETING DATE: (if 12/06/05 The Otay Ranch Village Seven Affordable Housing Transler Agreement is expected to be implemented as lollows: Action Required Acolic:abililv Threshold Affordable Village 7 (76 units), RHR First residential map far the EUC Housing Neighborhood 7C (2 units), and Aareement EUC Provision of Village 7 (76 units), and RHR Later of the fallowing: Affordable Neighborhood 7C (2 units) 1) 3 years fallowing approval of the First Housing Residential Map; 2) 4 years from the date of the Transfer Agreement; or 3) Issuance of a building permit far 55% of the total residential units approved far the EUC The proposed terms 01 the Agreement lor Otay Ranch Village Seven meets the requirements 01 the City's Housing Element 01 the General Plan. Developer has agreed to all terms. The Transfer Agreement will be recorded against those residential properties owned by the Developer within Village Seven and the We. CEQA Compliance The proposed Agreement lor the provision 01 affordable housing lor Otay Ranch Village Seven has been reviewed lor compliance with CEQA. The proposed Agreement is a mechanism lor implementation 01 affordable housing within the prescribed densities and maximum unit count 01 the Otay Ranch General Development Plan and the Village Seven SPA plan. Approval and execution 01 the Agreement would not, therelore, result in the construction 01 any housing beyond that anticipated in the GDP and SPA plans and the environmental review documents previously certilied lor those plans. Therelore, no additional CEQA action is necessary. FISCAL IMPACT The developer has paid all costs associated with the processing 01 the Affordable Housing Agreement. ATTACHMENTS 1. Affordable Housing Agreement lor Otay Ranch Village Seven-McMillin (HINESI J,\COMMDEV\STAFF.REP\2005\ 12-06-05\A113 OTR Villoge 7 Aff Hsg Agr.doc [11/30/05; 2:57 PM) 14-3 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AFFORDABLE HOUSING TRANSFER AGREEMENT RELATED TO OTAY RANCH VILLAGE 7 BETWEEN THE CITY AND MCMILLIN OTA Y RANCH, LLC AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, Program 3.1 of the City's Housing Element strives for a balanced residential community through the integration of low income housing through out the City and requires that a minimum of ten percent of a new residential development of fifty (50) units or more be made available and affordable to both low and moderate income households, with at least one half of those units for low income households; and WHEREAS, conditions of approval for the Otay Ranch Village Seven Section Planning Area (SPA) Plan and Village Seven Tentative Subdivision Map Chula Vista Tract 05-07 required McMillin Otay Ranch, LLC (the "Developer") to enter into an agreement with the City of Chula Vista to guarantee the construction and delivery of housing units affordable to low and moderate income households prior to recordation of Otay Ranch Village Seven first final map; and WHEREAS, to comply with this condition, the City has prepared an Affordable Housing Transfer Agreement for the Otay Ranch Village Seven Planned Community for City Council's consideration and approval; and WHEREAS, consistent with Policy 3.1 of the City's Housing Element of the General Plan, the City has determined that the unique conditions of the development provide an unreasonable hardship for the new construction of units within Village Seven. The City finds that such new construction of units would present an "unreasonable hardship to the developer" in light of such factors as the difficulty in integrating due to significant price and product disparity. As described in the Village Seven SPA Plan, the residential neighborhoods are predominately single family and low density neighborhoods; and WHEREAS, as set forth in the Village Seven SPA Plan, the Vista Verde Low Income Housing Obligation may be deferred to a future village or location, such as the portion of Otay Ranch Planning Area 12/EUC owned by Developer; and WHEREAS, the City further finds that the public interest would be served by allowing the affordable housing to be produced or operated within Developer's EUC Land based upon: (I) proximity to public transit; (2) proximity to employment; (3) proximity to services and entertainment; and (4) proximity to the proposed University, which would provide access to university services for the residents and affordable units for students and faculty. Additionally, the provision of the Vista Verde affordable housing obligation within the EUC will not be significantly detrimental to achieving balanced residential communities and will provide at a minimum the equivalent number of required affordable units with comparable rent and occupancy restrictions; and WHEREAS, this agreement implements affordable housing requirements and impacts previously analyzed in the certified Environmental Impact Report (EIR) for the Otay Ranch Village Seven General Development Plan (GDP) and Sectional Planning Area (SPA) Plan, 14-4 Resolution 2005- Page 2 therefore, no additional action is required under California Environmental Quality Act (CEQA); and. WHEREAS, the transfer of this obligation is consistent with the GDP and SPA. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City ofChula Vista that this City Council does hereby approve in the form presented an Affordable Housing Transfer Agreement related to Otay Ranch Village Seven, 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 to execute said agreement for and on behalf of the City ofChuIa Vista. Presented by Approved as to form by ~ ' .a' . c: ~ ,d0tl UD JlUfP ( . Moore / CitY Attorney Dana M. Smith Assistant City Manager! Community Development Director 14-5 Recording Requested By CITY CLERK When Recorded Mail To: CITY CLERK'S OFFICE 276 Fourth Avenue Chula Vista, CA 91910 SPACE ABOVE FOR RECORDER'S USE ONLY AFFORDABLE HOUSING TRANSFER AGREEMENT THIS AFFORDABLE HOUSING TRANSFER AGREEMENT ("Agreement") is entered into as of ,2005 by and between McMillin Otay Ranch, LLC, a Delaware limited liability company ("Developer") and the City ofChula Vista, a California municipal corporation ("City"), with rcfcrencc to the following facts: A. The Housing Element ofthe City ofChula Vista's General Plan contains an affordable housing policy which requircs that residential development with fifty (50) or more dwelling units provide a minimum of 10% of the total dwelling units for low and moderate income households, one-half of these units (5% of the total project) being designated to low income and the remaining five percent (5%) to moderate income households. B. Developer owns approximately 170 acres of real property in the City ofChula Vista, California, commonly known as the Village of Vista Verde as shown on Exhibit A attached and more particularly described on Exhibit B attached (the "Property"). C. The Property is a portion of the Otay Ranch, Village Seven Sectional Planning Area in the City of Chula Vista. D. On October 12, 2004, the City approved (1) the Otay Ranch, Village Seven Sectional Planning Area (SPA) Plan (Ordinance No. 2981), including the Village Seven Comprehensive Affordable Housing Program, (2) the Sectional Planning Area Planned Community District Regulations for Otay Ranch, Village Sevcn (Resolution 2004-331), and (3) a tentative subdivision map for the Property, Chula Vista Tract 05-07, Village of Vista Verde Tentative Map (Resolution 2004-331). Olay Ranch Villilge 7 aff.hous.agr.V7.JloCI05.wpd 1013//05 14-6 E. Condition 31 of the conditions of approval of the Village Seven SPA Plan and Condition 154 of Resolution 2004-331 approving the tentative map for the Property requires that the Developer enter into an affordable housing agreement with the City to implement the City's affordable housing policies, in accordance with the City's Housing Element, the Ranch Wide Affordable Housing Plan and the Village Seven Affordable Housing Program. F. If the Property is developed with seven hundred fifty nine (759) residential units as shown for the Property in the Village Seven SPA Plan, the low income housing requirement for the Property would be thirty-eight (38) units and the moderate income housing requirement for the Property would be thirty-eight (38) units. The actual requirements will be based on the total number of residential units in the Property as shown on the recorded final map(s) for the Property. G. Pursuant to the Affordable Housing Agreement for Rolling Hills Ranch Neighborhood 7C (the "Neighborhood 7C Agreement") dated as of May 18,2004 between McMillin Rolling Hills Ranch, LLC, a Delaware limited liability company ("McMillin RHR") and the City, a "Neighborhood 7C Affordable Housing Obligation" oftwo (2) units o flow income housing was established. The Neighborhood 7C Agreement provided that, prior to the filing of the "A" Map for Village 7 ofOtay Ranch, McMillin RHR and City would enter into to and record a project-specific agrcement imposing the Ncighborhood 7C Affordable Housing Obligation against either site R-6 or site R-7 on the Draft SPA Plan for Village 7 dated March, 2004. This Agreement shall supercede the Neighborhood 7C Agreement. H. Consistent with Poliey3.l ofthe City's Housing Element of the General Plan, the City has determined that the unique conditions ofthe development provide an unreasonable hardship for the new construction of units within Village Seven. The City finds that such new construction of units would present an "unrcasonable hardship to the developer" in light of such factors as the difficulty in intcgrating due to significant price and product disparity. As described in the Village Seven SPA Plan, the residential neighborhoods are predominately single family and low density neighborhoods. I. As set forth in the Village Seven SPA Plan, the Vista Verde Low Income Housing Obligation may be deferred to a future village or location, such as the portion of Otay Ranch Planning Area 12/EUC owned by Developer, as shown on Exhibit C attached and more particularly described on Exhibit D attached ("Developer's EVe Land"). It is the intent of Developer and the City, by execution of this Agreement, to allow the transfer of the Vista Verde Affordable Housing Obligation to the development of Developer's EVC Land. J. The City further finds that the public interest would be served by allowing the affordable housing to be produced or operated within Developer's EVC Land based upon: (1) proximity to public transit; (2) proximity to employment; (3) proximity to services and entertainment; and (4) proximity to the proposed University, which would provide access to university services for the residents and affordable units for students and faculty. Additionally, the provision ofthe Vista Verde affordable housing obligation within the EVC will not be significantly detrimental to achieving balanced residential communities and will provide at a minimum the equivalent number of required affordable units with comparable rent and occupancy restrictions. Olay Ranch Village 7 afT.hous.agr.V7.3Joct05.wpd 2 10/31105 14-7 K. Developer and City wish by this Agreement to assure the satisfaction of the Vista Verde Affordable Housing Obligation, on the terms described below. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the parties agree as follows: I. Definitions. Unless otherwise indicated, for purposes of this Agreement, the following tenns shall have the following meanings: a. "low income housing" means housing for a household of persons who claim primary residency at the same unit with combined incomes that do not exceed 80% of the area median income (adjusted annually) based on household size. Household size is calculated by the number of persons residing at the same unit as their primary residency. HUD regulation 24CFR 813.106, as may be amended from time to time, shall be used to calculate income. b. "moderate income housing" means housing for a household of persons who claim primary residency atthe same unit with combined incomes between 80% and 120% of the area median income (adjusted annually) based on household size. Household size is calculated by the number of persons residing at the same unit as their primary residency. HUD regulation 24CFR 813.106, as may be amended from time to time, shall be used to calculate income. The range of income levels described in the above defined terms may change from time to time in accordance with changes to state and federal laws. 2. Developer's Affordable Housing Obligations. Developer's obligation for low and moderate income housing units arising out of the development of the Property, as established by the Village Seven Affordable Housing Program, shall be the following: a. Moderate income housing units. Developer's obligation with regard to moderate income housing shall be five percent (5%) of the total number residential units built on the Property (the "Vista Verde Moderate Income Housing Obligation"). b. Low income housing units. Developer's obligation with regard to low income housing shall be five percent (5%) ofthe total number residential units built on the Property (the "Vista Verde Low Income Housing Obligation"). In addition to the above obligations arising out ofthe development of the Property, Developer hereby assumes the Neighborhood 'Ic Affordable Housing Obligation. This Agreement supercedes the Neighborhood 7C Agreement. The Vista Verde Low Income Housing Obligation, the Vista Verde Moderate Income Housing Obligation, and the Neighborhood 7C Affordable Housing Obligation shall be collectively referred to as the "Vista Verde Affordable Housing Obligation". Olay Ranch Villagr! 7 aff.hous.agr.V7.]loct05.wpd 3 10131/05 14-8 3. Transfer and Satisfaction of Affordable Housing Obligation. a. Transfer of Obligation. The Vista Verde Affordable Housing Obligation is hereby transferred to Developer's EVC Land. Developer shall satisfy the Vista Verde Affordable Housing Obligation in connection with the development of Developer's EVC Land (the "Project") as described below. b. EVC Affordable Housing Agreement. Prior to or concurrently with the approval of the first final subdivision map covering a residentially-zoned portion of Developer's EVC Land which would pcrmit residential development without a further subdivision map (the "First Residential Map"), Devcloper and City shall enter into an affordable housing agreement (the "EVe Affordable Housing Agreement") regarding (i) the Vista Verde Affordable Housing Obligation, and (ii) the affordable housing obligations arising out of the development of Developer's EVe Land (the "EVe Affordable Housing Obligation"). The EVC Affordable Housing Agreement shall be consistent with the terms and conditions contained herein and the adopted Affordable Housing Programs of the appropriate GDP and SPA documents, all of which are incorporated herein by this reference. The EVe Affordable Housing Agreement shall be filed and recorded as a restriction on all residentially-zoned portions of Developer's EVC Land as designated in the EVC SPA Plan, and those portions of Developer's EVe Land not designated as residential in the EVC SPA Plan shall be released from this Agreement (and any affordable housing obligation). c. Satisfaction of Obligation. In order to satisfy the Vista Verde Affordable Housing Obligation, Developer agrees to commence satisfaction of the Vista Verde Affordable Housing Obligation by the later of: (a) three (3) years following the approval ofthe First Residential Map, (b) four (4) years from the date of this Agreement, or (c) the issuance ofa building permit for fifty-five percent (55%) of the total residential units approved for the Developer's EVC Land. 4. Duty to Implement Affordable Housing Program. Developer shall cause all affordable units developed pursuant to this Agreement to be developed, marketed, rented/sold in accordance with the City's goals, policies and programs, including but not limited to the Housing Element of the General Plan, the Consolidated Plan, and the Affordable Housing Program Implementation Guidelines, as they may be adopted and amended from time to time, the terms and conditions of which are hereby incorporated by this reference; provided, however, that nothing shall increase the number or change the mix of affordable housing units comprising Developer's Vista Verde Affordable Housing Obligation. 5. Development Permits, Maps and Documents for Developer's EVe Land. Developer shall at its sole expense, prepare and diligently process all permits, agreements, plans, maps, and other documents, including but not limited to any amendments to the General Development Plan and Sectional Planning Area Plan (including an Affordable Housing Plan) for Developer's EVC Land that may be necessary to meet the Developer's obligation. Q/oy Ranch Village 7 aff.hous.agr.V7.Jlocl05.wpd 4 JOIJII05 14-9 6. Right to Withhold Permits. The City has the absolute and unfettered right to withhold the issuance of any building permit for any residential development within Developer's EVC Land if the Developer is not in compliance with the terms and/or obligations of this Agreement. 7. Release. a. If Developer transfers any portion of Developer's EUC Land which is subject to the burden of this Agreement, upon request by the Developer or its assignee, the City will release the portion so transferred of the burden of this Agreement as to such assigned portion if such portion has either complied with the requirements of this Agreement or if the Director of Community Development, in the Director's sole discretion, detennines that other land within Developer's EVC Land will accommodate Developer's Vista Verde Affordable Housing Obligation and EVC Affordable Housing Obligation. b. Upon approval of the Sectional Planning Area (SPA) Plan for Developer's EVC Land, this Agreement shall burden only those portions of Developer's EVC Land which are exclusively designated in the SPA Plan for residential development; all portions of Developer's EVC Land which arc not exclusively designated for residential development shaIl be automatieaIly released from this Agreement. e. Upon the sale of any individual unit to a home buyer the parties agree that such unit shaIl be released from the provisions of this Agreement. Such release shall not limit or modify in any way Developer's Vista Verde Affordable Housing Obligation. d. City further agrees to timely consider any request for release by Developer pursuant to (a) above. Developer and City agree to amend Exhibit C administratively when any release is granted to identify the affordable housing units which wiIl be identified in place and stead of those originally so identified. e. In the event that a parcel is to be released pursuant to the provisions of paragraphs (a), (b) or (c) above, the parties agree to execute and record such documentation as is reasonably required by a reputable title insurance company to evidence such release. All costs related to any such release shaIl be paid by Developer or its assignee; City shall have no responsibility for any such costs. 8. Subordination and Notice. a. Subordination. Developer agrees to enter into subordination agreements with all lienholders having any interest in the Property to ensure that the provisions of this Agreement bind such lienholders should they take title to all orpart of the property through quitclaim deed, sale, foreclosure or any other means of transfer of property. Developer shall deliver to the city the fully executed subordination agreements in a form acceptable to the City Attorney and suitable for recording on or before the issuance of the first building penn it for Developer's EVC Land. Ola)l Ranch Village 7 aff.hous.agr.V7.Jloct05.wpd 5 10/31105 . 14-10 b. Notice. Developer shall provide written notice ofthe tenus ofthis Agreement (which could be a copy ofthis Agreement) to all purchasers and potential purchasers of real property within the Developer's EUC Land, excluding however, a buyer of an individual housing unit. 9. General Provisions. a. Authority of Signatories. The individuals signing this Agreement on behalf of the City wanant that (i) he or she is duly authorized to sign and deliver this Agreement on behalf of the City in accordance with a duly adopted resolution of the City Council of the City and (ii) this Agreement is binding upon the City in accordance with its terms. Developer and each individual signing this Agreement on behalf of Developer warrants that (i) he or she is duly authorized to sign and deliver this Agreement on behalf of Developer, and (ii) this Agreement is binding upon the corporation in accordance with its tenns. b. Successors. 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. Developer hereby subjects the Project to the covenants, reservations and restrictions set forth in this Agreement. The Developer and the City hereby declare their express intent that the covenants, reservations and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the developer's successors in title to the Project; provided, however, thaton thc termination of this Agreement said covenants, reservations and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Project or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instruments. c. Governing LawlVenue. This Agreement shall be governed by and construed in accordance with the laws of the State of Califomia. Any action arising under or relating to this Agreement shall be brought in Federal or State courts located in San Diego County, State of California, and ifapplicable, the City ofChula Vista, or as close thereto as possible. Venue for this Agreement and performance thereunder shall be the City of Chula Vista. d. Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one instrument. e. Modifications. No modification, waiver or discharge ofthis Agreement will be valid unless the same is in writing and signed by the parties to this Agreement. f. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the transaction contemplated hcreby and all prior or contemporaneous agreements, undcrstandings, rcprcsentations and statements, oral or written, are merged herein. g. Attorncy's Fees and Costs. Ifeither party commences litigation for the judicial interpretation, reformation, enforcement or rcscission hereof, the prevailing party will be entitled to Otay Ranch Village 7 aff.hous.agr.V7.3loC105.wpd 6 lOIJlIOJ 14-11 a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the pa1iy who is awarded substantially the relief sought. h. Exhibits. All exhibits referred to in this Agreement are attached, and are a part of, this Agrcement. i. CaptIOns. Captions in this Agreement are inserted for convenience of reference only and do not definc, describe or limit the scope or the intent of this Agreement. J. Recording. The parties hereto shall cause this Agreement to be recorded in the Official Records of the County of San Diego. k. No Third Party Beneficiary. No claim as a third-party beneficiary under this Agreement by any person, corporation or any other entity, shall be made valid against Developer or City, except that McMillin RHR is a third party beneficiary to the extent that this Agreement supercedes the Neighborhood 7C Agreement. I. Incorporation of Recitals. The recitals set forth herein are part of this Agreement. m. Assignment. The rights and obligations of Developer under this Agreement shall not be assigned in whole or apart, without the express written consent of the City's Director of Community Development, in the Director's sole discretion. Any unapproved assignment shall be null and void. Notwithstanding the foregoing, the Director of Community Development shall not unreasonably withhold or delay its consent to transfer or assignment which is part of the conveyance of the fee of all or a substantial portion of the residentially-zoned portions of Developer's EVC Land. Any such transfer or assignment will be subject to the provisions ofthis Agreement. During the term of this Agreement, any such assignee or transferee will observe and perform all duties and obligations of Developer in this Agreement as such duties and obligations pertain to the portion of the said Property so conveyed. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first set forth above. Olay Ranch Village 7 aff.hous.agr.V7JlocI05.wpd 7 10/31/0) 14-12 McMILLIN OTA Y RANCH, LLC, a Delaware limited liability company BY: McMILLIN COMPANIE , liability company, I BX a Delaware limited Member C Title ..J~~I~ CITY OF CHULA VISTA By Title ATTEST: By Title APPROVED AS TO FORM: Ann P. Moore, City Attorney By Title Olay Ranch Village 7 alT.hous.agr.V7.3I octOS.WIHJ 8 10131105 14-13 STATE OF CALIFORNIA - personally known to me (OF-f'",weQ 19 me M th~ J;.~,i5 efsatisfo61ery e':iEl91'l~e) to be the perso~ whose nam~l€'are subscribed to the within instrument and acknowledged to me that ~ey executed the same in Imitrer/their authorized capacit~and that by h.i~/their signalu~n the instrument. the perso~ or the entity upon behalf of which the perso~acted, executed the instrument. Signatu f@. ~;.l;i:;.. - f i Notcry PublIc - CaIIfOmla . i Son Diego County f . MyComm. Expires Apr 16. 2007 - -...... - - - - - - - - __ (Seal) STATE OF CALIFORNIA ) ) ss. ) COUNTY OF SAN DIEGO On , 200 ,before me, Notary Public in and for said State, 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signalure(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 (Seal) O/ay Ranch Viiluge ? aff.hol.ls.agr.V7_3Ioct05.\\pd 9 l013I/Oj 14-14 Ir-- ~-'--.~<"./~~/' ~ CJ-JULA V1SrA '\, ' TRACT NO, 02-D3 //l \ ,/-/ McMJl...l...!N CrAY RANCH .r',1 - ,V;LLAGE'-b- 'A" JW,Ap \ " MA? NO," 14432 Ii \,', -" -, \~)) I'~ I ' ;;~ I /, I ,. f \/ IITI 1\\ DTAY RANCH COMPANY ? ARea 6 ;:; U' PM 18471 \ i /'" :~\ i!i ,'" '~' , I i! ! i i ~ I R-3! /01 ~ I '.--........---.-.' LOT 29 MAP 862 ROS /5771 ICPF-11 ,,0.;:;;:::::'>:' "gP ,,:;;~;jb"'-" ,/,.. 400 200 0 "'" 100 12" GRAPHIC SCALE 1'': 400' 5620 FRIARS ROAD SAN DIEGO, CA 921 10 619.291.0707 ENCirNEE1UNGCOMrANT (FAX)619.291.4165 Exhibit "A" McMillin Otay Ranch Village 7 - Vista Verde RICK ...'''-1....'''-....'.''.'.11._7_.1............._ ~':;;.':"~i":~:_..".,.....'__'_-- - --...- Exhibit "B" Legal Description of R-1A Lots 1 through 151 of Map No. 15105, Recorded September 19, 2005 in the City of Chula Vista, County of San Diego, State of California Legal Description of R-1 B Lots 1 through 160 of Map No. 15106, Recorded September 19, 2005 in the City of Chula Vista, County of San Diego, State of California. Legal Description of R-5 Lots 1 through 132 of Map No. 15107, Recorded September 19, 2005 in the City of Chula Vista, County of San Diego, State of California. Legal Description of R-6 Lot 8 of Map No. 15014, Recorded May 6, 2005 in the City of Chula Vista, County of San Diego, State of California. Legal Description of R-7 Lot 9 of Map No. 15014, Recorded May 6, 2005 in the City of Chula Vista, County of San Diego, State of California. Legal Description of 5-3 Lot 7 of Map No.15014, Recorded May 6, 2005 in the City of Chula Vista, County of San Diego, State of California. Legal Description of P-1 Lot B of Map No.15014, Recorded May 6, 2005 in the City of Chula Vista, County of San Diego, State of California. Legal Description of 05 Lot A of Map No.15014, Recorded May 6,2005 in the City of Chula Vista, County of San Diego, State of California. Legal Description of 05 Lot C of Map No.15014, Recorded May 6,2005 in the City of Chula Vista, County of San Diego, State of California. 14-16 BIRCH U"l N ~ I cr: Vl ROAD PORTION Of PARCEL 3 Of PARCtL MAP 1848] 214.7 ACRES R/W GRANTED FROM CITY OF CHULA VISTA TO CALTRANS PER DOCUMENT NO. 2003-0604607 <<' "7- v' --' r'" ~ '" ~ ~ \~ \~ \ \ ........ Exhibit "0" Legal Description for the Eastern Urban Center Parcel 3 in the City of Chula Vista according to the Parcel Map thereof No. 18481, on file in the Office of the County Recorder of San Diego County, State of California. Excepting therefrom SR-125 Right-of-way as granted per Document No. 2003- 0604607 14-18 ,..-- PAGE 1, ITEM NO.: ! ':.:J MEETING DATE: 12/06/05 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS' MARKET FROM 2:00 P.M. - 8:30 P.M. ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL AND WAIVING THE BUSINESS LICENSE REQUIREMENT FOR VENDORS PARTICIPATING IN HE DOWNTOWN FARMERS MARKET SUBMITTED BY: ASSISTANT CITY MANAGER/ COMMUNITY DEVEL PMENT DIRECTOR REVIEWED BY: CITY MANAGER (JI P( 4/STHS VOTE: YES D NO 0 BACKGROUND The Chula Vista Downtown Business Association (DBA) has managed the downtown Farmers' Market on Thursday afternoons since 1991. The event is highly successful, providing a needed service, enhancing the City's cultural activities and drawing more people to the downtown Third Avenue area. This resolution would provide a two year extension, allowing the Formers' Market to continue in its current location until December 31, 2007. RECOMMENDATION Staff recommends that the City Council adopt the resolution: 1. Extending the temporary closure of Center Street and a portion of Church Avenue for the downtown Farmers' Market from 2:00 p.m. - 8:30 p.m. on Thursday afternoons for a two- year period subiect to conditions of approval; and 2. Waiving the business license requirement for vendors participating in the Downtown Farmers market. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION The downtown Farmers' Market is an important feature in the revitalization of western Chula Vista. Not only does it draw new people to Chula Vista's downtown, it also provides a sense of liveliness on the street that is key to the momentum of other revitalization efforts. 15-1 PAGE 2, ITEM NO.: MEETING DATE: /5' 1 2/06/05 In 1991, the DBA requested a waiver of Business License Fees for vendors toking part in the Downtown Farmers Market. City Council approved this request as stated and adopted in Resolution No. 16183, and it hos been included in each of the subsequent actions until the year 2003. No explanation for omitting or deleting the provision is contained in the agenda report or resolution from that year's action. Both staff and the DBA were unaware of the change, and have continued to operate under the presumption that the waiver was still in existence. While the earlier resolutions make no reference to code provisions related to the previous waivers, the DBA Farmers Market vendors qualify for consideration of such a waiver, pursuant to City Ordinance 5.04.085 Promotional events and charitable organizations, which states: Notwithstanding any provision of this chapter to the contrary, the city council may waive the business license taxes and/or fees for those events of not more than three consecutive days that help to promote and publicize the city of Chula Vista. In addition, the city council may waive business license taxes and/or fees for nonprofit or charitable organizations. Staff recommends that the waiver of Business License Fees for vendors participating in the DBA Farmers Market be approved and reinstated. The resolution extending the Farmers' Market for a two-year period IS being brought forward because the current street closure expires at year-end, 2005. ENVIRONMENTAL REVIEW The extension of the street closures creates no new significant impacts and therefore no additional review of the project is required under CEQA FISCAL IMPACT The estimated loss of parking meter revenue for the two-year period of the street closure IS $3,000. ATTACHMENTS 1 - Locator Map J:\COMMDEV\STAFF.REP\200S\' 2-06-0S\cc-farmers' mkt 200S.dac 15-2 ATTACHMENT 1 . . ... -,. .. 'I: . ..~\-,. ~ .......-1\ \ V 1 FARMER'S MARKET Town Center I -- -~ -------- - .. --- ----- ... ~ ~ ill od1~ (I)~ o . 300 I 600 Feet . 15-3 COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS' MARKET FROM 2:00 P.M. - 8:30 P.M. ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL AND WAIVING THE BUSINESS LICENSE REQUIREMENT FOR VENDORS PARTICIPATING IN THE DOWNTOWN FARMERS MARKET WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16,1971, which created the Downtown Business Association; and WHEREAS, a new Property and Business Improvement District was formed by a vote of property owners on July 10, 2001; and WHEREAS, on October 3, 1995, the City Council approved Resolution 18052 adopting Negative Declaration IS-95-30 and approving the closure of a portion of Center Street on Thursday afternoons between March 1996 and October 1996 for a Farmers' Market; and WHEREAS, on October 15, 1996, the City Council approved Resolution 18710 to expand the temporary closure of Center Street and add a portion of Church Avenue to accommodate the Farmers' Market on Thursday afternoons subject to conditions; and WHEREAS, on November 14,2000, and December 10,2002, the City Council approved Resolution 2000-411 and 2002-496, respectively, extending the temporary closure of Center Street and a portion of Church Avenue; and WHEREAS, the extension of the street closures creates no new significant impacts and therefore no additional review of the project is required under CEQA; and WHEREAS, pursuant to Municipal Code Section 5.04.085 the Downtown Business Association has requested a waiver of the Business License Fees for vendors taking part in the Farmers' Market; and WHEREAS', the Downtown Business Association insures its downtown events, including the Farmers' Market for $1 million in liability and names the City of Chula Vista as an additionally insured; and WHEREAS, the Farmers' Market special event will further the redevelopment effort within the Town Centre I Redevelopment Project Area and helps to promote and publicize the City and the downtown core. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista extends the temporary closure of Center Street and a portion of Church Avenue for the Downtown Farmers' Market from 2:00 p.m. - 8:30 p.m. on Thursday afternoons through December 31, 2007, subject to conditions attached hereto as Exhibit A, authorizes the waiver of the business license requirement for vendors participating in the Farmers' Market, and finds that said waiver will further the redevelopment efforts within the Town Centre I area and helps to promote and publicize the City. P resented by Approved as to form by Dana Smith Assistant City Manager! Director of Community Development '/ & ~a&/,~/ ZJ~ Aut A Moore / ity Attorney J:\COMMDEVlRESOSI2005\ 12-06-05\F armers Market.doc 15-4 EXHIBIT A December 6, 2005 Downtown Farmers' Market Center Street and a portion of Chula Avenue CONDITIONS OF APPROVAL 1. The subject street closure shall be permitted through December 31, 2007, unless sooner revoked (in sole discretion of the City Council) to accommodate the Downtown Farmers' Market. At the end of that time, the Farmers' Market shall be evaluated by the Community Development Director and a recommendation made to the City Council. The City Council, at that time, may consider a further extension. 2. All Vendors or activities to take place within the closed street right-of-way, other than those approved herein shall be approved by the Community Development Director prior to their participation on the Farmers' Market. AODroved Vendors and Activities 1) Certified Farmers' Market' 2) Arts and Crafts hand made by the seller 3) Promotional activities that enhance the market but do not detract from the Downtown business environment to create significant noise, congestion, or safety hazards. 4 Downtown Business Association (DBA) merchants and businesses in good standing may sell or demonstrate merchandise and services that are currently sold within their Downtown premises. 3. The DBA shall provide, set up and remove all signs, barricades, temporary traffic control devices related to the Farmers' Market and street closure in a timely manner (set-up shall begin no earlier than 2:00 p.m. and removal completed no later than 8:30 p.m.). All traffic control devices, signs, and barricades shall be placed in accordance with the sign placement plan approved by the City Traffic Engineer and shall conform to the State of California traffic control requirements. 4. The DBA will be responsible for the coordination and implementation of all activities and regulations related to the street closure and Farmers' Market, the appropriate City of Chula Vista departments and staff, and any applicable County, State or Federal requirements. J:\COMMDEVlRESOS\2005\ 12-06-05\Farmers Market.doc 1 A certified Farmers' Market is a location approved by the County Agricultural Commissioner, where certified farmers offer for sale only those items they grow themselves. Only the immediate family and salaried employees of a certified producer may act for and sell the products of that producer. Items include fresh and dried fruits and herbs, vegetables, nuts, honey, eggs, houseplants and cut flowers, jerky, fresh fish, olives and baked goods. 15-5 CITY COUNCIL AGENDA STATEMENT Item No.: I", Meeting Date: 12/06/05 ITEM TITLE: PUBLIC HEARING: Consideration of General Plan Amendment, Rezone and Tentative Subdivision Map, GP A -05-01, PCZ-03-0l, and PCS -03-01, for a project lrnown as El Dorado Ridge, Chula Vista Tract-03-0l, located on the east side of Brandywine Ave, east ofthe intersection of Brandywine Ave and Mendocino Drive. - CVHI, LLC. RESOLUTION: Resolution ofthe City of Chula Vista City Council adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS-02- 045; Approving amendments to the City's General Plan; and Approving and establishing conditions of a Tentative Map to divide 11.46 acres located on the east side of Brandywine Ave, east of the intersection of Mendocino Drive and Brandywine Ave, into a two lot condominium subdivision containing 104 residential units and open space. ORDINANCE: Ordinance of the City Council of the City of Chula Vista amending the zoning maps established by Section 19.18.010 of the Municipal Code, rezoning an 11.46 acre parcel located on the east side of Brandywine Ave, east of the intersection of Mendocino Drive and Brandywine Ave, from the R-1-lOH (Single Family Residential, Hillside) zone, to the R-2-P (One and Two Family Residential, Precise Plan) zone, and adopting Precise Plan Standards. (4/5 Vote: Yes_No...xJ SUBMITTED BY: Director of Planning and Buildin REVIEWED BY: CityManagerf ~~ rR DISCUSSION: The applicant, CVHI, LLC, has submitted applications requesting approval of a General Plan Amendment, Rezone and Tentative Subdivision Map for the El Dorado Ridge Project. The project will result in development of 104 attached townhome condominium units on a vacant 11.46 acre site located on the east side of Brandywine Ave, between Sequoia Drive and Main Street. As a result of a scheduling conflict with the City General Plan Update, and that the public noticing ofthe project for this hearing was not 16-1 completed in compliance with City requirements, staff and the applicant recommend that the public hearing be continued to January 10, 2006. 16-2 PAGE 1, ITEM NO.: t-:? MEETING DATE: 12/06/05 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: PUBLIC HEARING ON THE 2006-07 HUD GRANT PROGRAMS TlMELlNE AND THE 2004-05 PERFORMANCE REPORT; THE CITIZEN PARTICIPATION PLAN; AND THE SECOND AMENDMENT TO THE 2005-2006 ANNUAL ACTION PLAN. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CITIZEN PARTICIPATION PLAN; THE SECOND AMENDMENT TO THE 2005-06 ANNUAL ACTION PLAN; AUTHORIZING SUBMITTAL TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; APPROPRIATING AND ALLOCATING FUNDS THEREFOR RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $566,631.01 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND AND $197,413.70 FROM THE AVAILABLE BALANCE OF THE HOME PROGRAM FUND FOR REIMBURSEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TREASURY SUBMITTED BY: ASSISTANT CITY MANAGER/ ~7 COMMUNITY DEVEL9P,MENT DIRECTOR REVIEWED BY: CITY MANAGER k..) 4/5THS VOTE: YES ~ NO D BACKGROUND The City of Chula Vista receives three Federal entitlement grants from the Department of Housing and Urban Development (HUD): Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), and Emergency Shelter Grant (ESG). These funds are to be used for housing and community projects that serve lower income persons. Annually, the City is awarded approximately $3,400,000.00 in combined federal grant funds. This public hearing is required by the Federal Citizen Participation regulations governing the grant programs. This public hearing will consider the following: . 2006-07 HUD Grant Programs Timeline (Attachment No.1); . Performance Report (available for review in the Office of the City Clerk); . Citizen Participation Plan (Attachment No.2); and, . Second Amendment to the 2005-06 Annual Action Plan (Attachment No.3). 17-1 PAGE 2, ITEM NO.: ) '1 MEETING DATE: 12/06/05 This item will also address the City's past performance under these grant programs. In the last few years, the administration of the grant programs has been a focus for HUD representatives and City staff. Staff has worked closely with HUD representatives to rectify major issues surrounding the City's administration of the grant programs. In August of 2005, HUD conducted an extensive on-site monitoring to determine the City overall performance. HUD also considered the City's Performance Report, submitted in September. The Audit, as well as HUD's review of the Performance Report concluded that the City's overall performance was unsatisfactory. These actions also resulted in a number of findings and concerns, which the City must address immediately: . Not Meeting Citizen Participation Requirements; . Funding of Ineligible Activities; and, . Available Balance of Funds in City's Line of Credit. Some of the critical factors that lead to the City's unsatisfactory performance include: . Poor record keeping . Lack of monitoring subrecipient activities as required . Lack of program development . Lack of internal city coordination with key departments . Understaffing for the size of the City and number of programs . Poor staff communication to City manager and Council on critical HUD issues These findings were not unexpected by staff. The City was aware since May of 2004 that past City performance was inadequate. Changeover both in Department management and subsequent personnel changes in the staff positions assigned to the HUD programs were necessary steps in addressing the issue of unsatisfactory grant management. Current staff has worked diligently over the last 18 months to meet necessary standards and remove threats to the City's ability to receive federal funds; however, in order to meet the additional administrative functions required, additional staff is necessary. A request for additional staff is presented in a separate Council Item in tonight's agenda. It should be noted that HUD has expressed some responsibility due to years of insufficient HUD monitoring, and HUD acknowledges the full cooperation of new Community Development staff and administration. In recent correspondence, HUD stated, "the City has taken steps to better manage the HUD programs, and we acknowledge the improvements in oversight and the additional staff hired by the City". The current status of the grant programs, based upon the monitoring, is unsatisfactory. As a result, the City's request for a Section 108 loan has been delayed, and the City's status to be an entitlement community is in question. Some immediate steps by the City are required. 17-2 PAGE 3, ITEM NO. J MEETING DATE: I? 12/06/05 RECOMMENDATION 1. Hold Public Hearing to receive public comment on the 2006-07 HUD Grant Programs Timeline; the 2004-05 Performance Report; the Citizen Participation Plan; and, the Second Amendment to the 2005-06 Annual Action Plan; 2. Approve first resolution and thereby: a. Approving the Citizen Participation Plan and authorizing the submission to the U.S. Department of Housing and Urban Development; and, b. Approving the Second Amendment to the 2005-2006 Annual Action Plan and authorizing the submission to the U.S. Department of Housing and Urban Development; i. Creating a new non-Capital Improvement Project (CIP) - Chula Vista Housing Services Program; c. Authorizing the allocation of $630,124.27 and appropriating $875,165.27 from the City's Line of Credit with HUD to various projects as detailed in the body of this report. 3. Approve second resolution and thereby: Appropriating $566,631.01 from the available balance of the General Fund to the other expenses category of the fiscal year 2006 Non-Departmental budget and $197,413.70 from the available balance of the HOME Program Fund to the other expenses category of the fiscal year 2006 HOME Program budget for reimbursement to the U.S. Department of Housing and Urban Development Treasury; BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION The CDBG and HOME Grants are to be used for housing and community projects that serve lower income persons. The City was awarded $3,375,608 in grant funds in the current fiscal year. The grant funds are highly regulated and require strict adherence to monitoring and compliance. PAST PERFORMANCE: In past years, there was inadequate attention paid to performance of these grants. As a result, HUD initiated several actions in the last year with potentially negative impacts. The following descriptions provide background for the actions that HUD has taken over the last year that question the City's management of the HUD grants. 17-3 PAGE 4, ITEM NO. I r! MEETING DATE: 12/06/05 CDBG Expenditure Warning - The CDBG program has expenditure requirements that must be met annually by April 30th. In January 2005, newly-hired City staff had to act quickly to reallocate $2,430,261 from ineligible or stagnant projects to eligible, timely projects. HUD Monitoring - Due to past performance issues, HUD staff conducted an extensive monitoring visit in August 2005. The monitoring report was provided by HUD to staff in September 2005. There were significant findings that must be responded to within 30 days. If these findings are not cleared they will appear in the City's Single Audit. HUD identified a number of questionable expenditures (approximately $2.4m). Staff was able to justify over $2.1 m, but there remains an outstanding balance due to HUD of approximately $277,381.24. HOME Funds Deobligation Notice - The HOME program also has commitment and expenditure requirements that must be met annually. HUD sent a letter in late September 2005 notifying the City that both past commitment and expenditure requirements (FY2001 and FY2004) were not met. Placed at risk was $1,152,053, which would be subject to recapture. Staff quickly identified eligible commitments and expenditures that were incurred, but did not get reported to HUD in a timely manner. HUD recently responded that supporting documentation sent by staff was sufficient and no recapture would be necessary. HOME Wellness Report - In August 2005, HUD arranged for an independent consultant to conductan assessment of the City's HOME program. The general overview cites that the City "is not doing a satisfactory job of administering its HOME program and addressing the affordable housing needs of the neighborhoods under its jurisdiction." The attached Management Plan will address the capacity issue. Annual Performance Review - The City is required to report on grant funded activities through an annual performance report, the Consolidated Annual Performance and Evaluation Report (CAPER). A requirement resulting from the monitoring was to create a Management Plan to demonstrate to HUD staff how the City would carry out future grants programs in accordance with applicable standards. A Management Plan has been prepared and is incorporated herein as Attachment No. 4 to this report. Contained within the attached plan are two recommendations which are necessary to achieve compliance and represent changes in the way in which the City has previously conducted subrecipient allocations through the HUD grants: 1. Balancing administrative time with the volume of compliance work required. Staff makes two proposals to bring the time needed to maintain records and administer HUD programs. The first is to increase capacity by adding dedicated staff as considered in a separate council item tonight. The second is to reduce the number of Public Services subrecipient clients by increasing the minimum grant size to $10,000 under the CDBG program. This will result in some previously approved subrecipients being unqualified 17-4 PAGE 5, ITEM NO. /1 MEETING DATE: 12/06/05 beginning with this years selection. During this fiscal year sixteen (16) public service programs were funded, under $10,000. Examples include: . Random Acts of Kindness . Mechanical Bed lifts . literacy Team Center . Dress for Success . Therapeutic Services . Thursday's Meal . Youth Services Network Collaborative Members . South Bay Senior Collaborative Members . Compact for Success . Human Services Council 2. Refining Subrecipient Application Criteria. Many subrecipient projects and applicants have been determined by HUD to be unqualified per selection criteria as set forth in HUD standards. Staff proposes to prescreen applicants to assure conformance. The actions provided for in the Management Plan will increase the City's ability to carry out a grant program in full compliance with federal regulations. The City's request for a Section 108 loan for essential capital projects is predicated on satisfactory implementation of a management plan addressing HUD's concerns. CITIZEN PARTICIPATION REQUIREMENTS - The current Citizen Participation Plan does not contain the minimum requirements as stated under Section 91.1 05(b) of the Federal Code of Regulations. The City must adopt a Participation Plan, which adequately addresses policies and procedures for citizen participation in the City. The Participation Plan encourages citizen participation particularly residents of predominantly low/Moderate income neighborhoods, slum or blighted areas, and areas in which the grantee proposes to use CDBG funds. A revised Citizen Participation Plan is incorporated as Attachment No.2. HUD requires that a minimum of two public hearings be held during different stages of development of the Annual Funding Plan. The City will comply with this requirement by holding the first public hearing today to consider the Timeline and Performance Report. A second public hearing will be conducted later in the process, on or about February 14, 2006, to consider 2006-07 funding recommendations. PREVIOUS FUNDING OF INELIGIBLE ACTIVITIES: - Over the last year, through the monitoring and the CAPER, HUD identified over $6.5m of CDBG and HOME funds that were threatened because of either inactive or ineligible projects. There was $3,087,546 of HUD funds uncommitted or inactive, and $3,418,891 of expended funds on ineligible projects that potentially needed to be returned to HUD. The uncommitted or inactive funds have all been allocated to eligible and timely capital projects within the community, and most of the questioned expenses for eligibility have been justified. There were a few projects however, that are simply ineligible and the HUD funding must be returned. A total of $764,044.73 . 17-5 PAGE 6, ITEM NO. 17 MEETING DATE: 12/06/05 ($333,910.73 in CDBG and $430,134.00 in HOME) has been spent on ineligible programs from past years and must be reimbursed from a non-federal funding source to the Federal Government Treasury. The total reimbursed funds will be deposited back into the City's Line of Credit and are included in this agenda item for reallocation to other eligible activities in Chula Vista. Following are the identified ineligible activities: 1998 HOME Eastlake Greens/Anti ua FTHB 2003 HOME South Ba Comm. Services - Rent 2004 HOME South Ba Comm. Services - Rent 2004 HOME South Ba Comm. Services - Rent 2003 COBG ire St ation No.5 2003 COBG o.B a Comm. Svcs - Comm. Oev. 2000 COBG 2000 COBG 2002 COBG 2002 COBG 2002 COBG 2003 COBG 2003 COBG 2004 COBG 2004 COBG A portion of the funds to be reimbursed to HUD ($197,413.72) have previously been collected by the City in the form of First Time Homebuyer Loan repayments. The remaining amount ($566,631.01) is proposed to be reimbursed from the available balance of the General Fund. This amount was previously reflected in a Council Information Memo, dated November 21, 2005. 17-6 PAGE 7, ITEM NO.' '1 MEETING DATE: 12/06/05 Total Funds Available $566,631.01 $197,413.72 $764,044.73 AVAILABLE BALANCE OF FUNDS IN CITY'S LINE OF CREDIT: Currently, the City's Line of Credit has an available balance of $741,244.81. This balance represents $594,990.66 of unencumbered entitlement funds, which resulted from completed programs, and/or programs, which were never enacted. In prior years, the City has also accumulated a total of $146,254.15 Program Income realized from the repayment of loans and interest earned. When combined with the $764,044.73 reimbursement to HUD the City's total line of credit will stand at $1,505,289.54. Summarized below are the total funds available for reallocation as well as the proposed use of the funds. Project descriptions are included in the Action Plan Amendment provided in Attachment 3. GRANT FUNDS AVAILABLE Program Amount Avadable Unencumbered Entitlement Funds CDBG Pro ram Income 2003-04 Reca tured Funds reimbursed from GF Reca tured Funds reimbursed from GF Reca tured Funds CDBG CDBG CDBG HOME HOME Total Funds Available for Allocation $594,990.66 $146,254.15 $333,910.73 $232,720.28 $197,413.72 PROPOSED USE OF FUNDS Pragram Appropriation' Allocation' CDBG CDBG Reallocation of Funds to CIP Emerson Street Draina e Reallocation of Funds to CIP -Judson Bosin Draina e Reallocation of Funds to CIP -04/05 Sidewolk 1m rovements Reallocation of Funds to CIP STL319-05/06 Sidewalk 1m rovements Production of Affordable Housin Pro'ects CDBG CDBG CDBG CDBG HOME Total Pra osed Use of Funds Grand Total $ 0 $160,000.00 $ 0 $ 0 $102,993.68 $ 182,037.59 $ 430,134.00 $ 875,165.27 $24,392.16 $ 0 $169,028.00 $436,704.11 $ 0 $ 0 $ 0 $ 630,124.27 1 An Appropriation represents a newly identified City Proied or an increase in the City Budget for an existing project. 2 An Allocation represents no increase to the City Project Budget but rather an increase in the HUD budget. This allocation is necessary to balance the City and the HUD budgets. 17-7 PAGE 8, ITEM NO. . MEETING DATE: I,.., , 12/06/05 An Action Plan Amendment has been prepared to address the issues raised by HUD representatives in the Monitoring and the CAPER review. The total balance of the available funds has been properly allocated to new eligible activities in the Plan Amendment. In addition, a revised Citizen Participation Plan has been prepared. A thirty-day public review and comment period for both documents was conducted from October 26 through November 25,2005. No comments have been received to date. FISCAL IMPACT Approval of these resolutions will result in the reimbursement of $764,044.73 to the U.S. Department of Housing and Urban Development Treasury for prior expenditures determined to be ineligible under HUD guidelines. This reimbursement will result in a one-time net impact of $566,631.01 to the General Fund and $197,413.72 to the HOME Program fund. The total reimbursement will be returned to the City's Line of Credit for reallocation to other eligible community projects. In addition, a total of $1,505,289.54 of CDBG and HOME Funds will be reallocated as indicated in the body of this staff report. Of this amount $875,165.27 represent new appropriations. This reallocation of funds will allow for the City to expend the money on worthy and eligible programs within the time requirements established by the U.S. Department of Housing and Urban Development. ATTACHMENTS 1. 2006-07 HUD Grant Programs Timeline 2. Citizen Participation Plan 3. Second Amendment to the 2005-06 Annual Action Plan 4. Management Plan '.\C()MMI?~,REP:\1'OO$\T2.06.05\"_.Ami;i.><!"",,*.$IcII ~"".do< ~~i5.ti~:PR~.ifli:~$ 17-8 ~\~ -fr- . - - - OTY OF CHULA VISTA 2006-2007 CDBG / HOME / ESG 2006-07 HUD Grant Programs Timeline Week of November 7, 2005 . Applicotion and RFQ availability and distribution CDBG Application distribution Publish Notice of Availability of Funds and availability De.cember 14, 2005 . Application due by 5:00 p.m. Application Due Date December 15 - December 23, . Review applications, determine eligibility 2005 Application Review Period January 9 - January 20, 2006 . Formal applicant request presentations Recommendation Period . Committee funding recommendations February 14, 2006 6:00 p.m. . Council funding recommendations and funding City Council Public Hearing allocations. February 17 - March 21,2006 . Annual Action Plan 30- day Review Period Public Review and Comment Period April 4, 2006 . Approval of final grant spending plan City Council Meeting . Approval of Annual Action Plan May 12, 2005 Submission of Consolidated Plan and Annual Plan to the Action Plan Submittal U.S. Department of Housing and Urban Development June Hold workshop or individual meetings with sub-recipients Subrecipient Training for technical assistance 'Schedule is subiect to chonge. For program information contact: Angelica Davis, Community Development Specialist II Direct Line: (619) 691-5036 Email: adavis@ci.chula-vista.ca.us Attachment No.1 I 17-9 ~~f?- ~ .r~- - - -- ----- --- --- . - - -- --- ~~~~ CIlY OF CHUlA VISTA CITIZEN PARTICIPATION PLAN Community Development Block Grant HOME Investment Partnerships Program American Dream Downpayment Initiative Emergency Shelter Grant 17-10 I Attachment No.2 I INTRODUCTION It is the policy of the City of Chula Vista to ensure adequate citizen involvement in the planning, implementation, and evaluation of its housing and community development programs. The following Citizen Participation Plan (CPP) establishes the citizen participation standards for purposes of the CDBG, HOME, ADDI, and ESG programs. This Citizen Participation Plan is prepared and implemented in accordance with the guidance provided in U.S. Department of Housing and Urban Development (HUD) Regulations 24 CFR Part 91.105. A. Definitions ADDI: Ameri9an Dream Downpayment Initiative, a HUD grant that provides funds for homebuyer assistance such as down payment and closing costs. Annual Action Plan: the annual allocation plan related to CDBG, HOME, ADDI, ESG, and HOPWA grant funds. CDBG: Community Development Block Grant, a HUD grant that provides funds for a variety of community development programs that benefit low and moderate income persons. Consolidated Annual Performance Evaluation Report (CAPER): the annual assessment of performance related to the above grant funds. Consolidated Plan: a five-year strategic plan, prepared in accordance with the requirements of 24 CFR Part 91, submitted to HUD and serves as an application for funding under the CDBG, HOME, ADDI, and ESG programs. CPP: Citizen Participation Plan. ESG: Emergency Shelter Grant, a HUD grant that provides funds for homeless shelters and supportive services. HOME: Home Investment Partnerships Program, a HUD grant that provides funds to expand the supply of decent affordable housing for low and moderate income households. HUD: the Federal Department of Housing and Urban Development. City Of Chula Vista Citizen Participa.tion Plan 17-11 B. Administrative Responsibilities and Contact Information The City of Chula Vista (City) is the recipient of all CDBG, HOME, ESG, and ADDI funds. For specific program information, contact the respective Program Coordinator at (619) 691-5036 or adavis@ci.chula-vista.ca.us. The City Department of Community Development has responsibility for administration of the Consolidated Plan process, which includes all activities related to development and dissemination of Consolidated Plans, Annual Action Plans, and Consolidated Annual Performance Evaluation Reports. Additional information may be obtained from the CDBG Program Administrator at (619) 691-5036 or adavis@ci.chula-vista.ca.us. C. Encouraging Public Participation It is the intent of the City of Chula Vista to encourage and facilitate the participation of residents in the formulation of priorities, strategies and funding allocations. related to the Consolidated Plan process, emphasizing involvement by low and moderate income persons, especially those living in low and moderate income neighborhoods. The City also encourages participation of minority populations, including people who do not speak English and persons with disabilities. The City shall encourage, in consultation with public housing authorities, the participation of residents of public and assisted housing developments, in the process of developing and implementing the consolidated plan. Role of Low and Moderate Income People: The primary purpose of the programs covered by this Citizen Participation Plan is to improve communities by providing decent housing, a suitable living environment, and growing economic opportunities _ all principally for low and moderate income people. Because the amount of federal CDBG, HOME, ADDI, and ESG money the City Of Chula Vista receives and/or administers each year is primarily based on the severity of both poverty and substandard housing conditions in the City, the City recognizes the importance of public participation that genuinely involves people who have experienced these conditions. It is the City's intent to provide opportunities for meaningful involvement by low income people at all stages of the process, including: . Needs identification . Priority setting . Funding allocations . Program recommendations D. Stages of the Consolidated Plan Process: The policies and procedures in this CPP relate to five specific stages of action mentioned in law or regulation. These stages include: City Of Chula Vista Citizen Participation Plan 17-12 2 1. The needs assessment stage, i.e., the identification of housing and community development needs that generally occurs during development of a Consolidated Plan. 2. The plan development stage, i.e., preparation of a Draft Consolidated Plan and/or Draft Annual Action Plan. 3. The approval stage, i.e., formal approval by elected officials of a final Consolidated Plan or Annual Action Plan. 4. The amendment stage, i.e., when a change is made in the proposed use of funds in an Annual Action Plan or to the priorities established in the Consolidated Plan, a formal Substantial Amendment will be proposed, considered and acted upon. (See "Stages in the Process' of this CPP for the definition of what constitutes a substantial amendment). 5. The performance review phase, i.e., preparation of the CAPER. E. Program Year in the City of Chula Vista The "program year" established by the City for these funds is July 1 through June 30. PUBLIC NOTICE A. Items Covered by the Public Notice Requirement The City will provide advanced public notice once any of the following documents is available: the Proposed Annual Action Plan or Consolidated Plan, any proposed Substantial Amendment, and the Annual Performance Report. In addition, the City will provide public notice of all public hearings related to the funds or to the planning process covered by this CPP. B. "Adequate" Advance Public Notice HUD considers two weeks advance public notice to be adequate for the public to permit informed comment. The amount of lead time can also vary, depending on the event. Specific minimum amounts of lead time for different events are described later in this CPP. C. Forms of Public Notice Public notices will be published in the Star News and La Prensa newspapers. Whenever feasible, display ads and/or press releases for publication in appropriate neighborhood and ethnic newspapers will also be used. Notice will also be given through mailings to other organizations or individuals who have requested receipt of such notices. The proposed Consolidated Plan will be published to afford citizens, public agencies and other interested parties a reasonable opportunity to examine its contents and to submit comments. The requirement for publishing will be met by publishing a summary of the proposed Consolidated Plan in the above-mentioned newspapers. City Of Chula Vista Citizen Participation Plan 17-13 3 PUBLIC ACCESS TO INFORMATION The City of Chula Vista will provide the public with reasonable and timely access to information and records relating to the data or content of the Consolidated Plan, as well as the proposed, actual, and past use of funds covered by this CPP. In addition, the City will provide the public with reasonable and timely access to local meetings related to the proposed or actual use of funds. A. Standard Documents Standard documents include: the proposed and final Annual Action Plans, the proposed and final Consolidated Plans, proposed and final Substantial Amendments to an Annual Action Plan or Consolidated Plan, Consolidated Annual Performance Reports and this Citizen Participation Plan. B. Availability of Standard Documents In the spirit of encouraging public participation, copies of standard documents will be provided to the public. These materials will be available in a form accessible to persons with disabilities, upon request to the CDSG Program Administrator at (619) 691-5036, adavis@cLchula-vista.ca.us. C. Places Where Standard Documents Are Available Standard documents are available at the following locations: . City Of Chula Vista - Community Development Department . . City Of Chula Vista City - Office of the City Clerk . City Of Chula Vista web site - www.cLchula-vista.ca.us PUBLIC HEARINGS Public hearings will be held at key stages of the process to obtain the public's views and to provide the public, to the greatest extent possible, with responses to their questions and comments. The City holds public hearings to obtain input regarding community needs during development of a Consolidated Plan, to review proposed uses of the funds in each Annual Action Plan, and to review program performance. More information about these specific hearings is contained in "Stages of the Process" of this CPP. A. Access to Public Hearings Public hearings will be held only after there has been adequate notice as described in "Public Notice" of this CPP. At a minimum, an advertisement in the Star News and a Spanish language version in La Prensa, published at least ten days before the hearing, is required. The City web-site at www.cLchula-vista.ca.us. also posts the Chula Vista City Council meeting agendas and information on each agenda item. City Of Chula Vista Citizen Participa.tion Plan 17-14 4 Public hearings are held before the Chula Vista City Council, 276 Fourth Avenue; Chula Vista, CA California 91910, easily accessible by public transit. B. Public Hearings and Populations with Unique Needs All public hearings are held at locations accessible to people with disabilities. If non- English speaking or hearing impaired residents request assistance to participate in a public hearing, the City will provide appropriate assistance to the greatest extent possible. STAGES IN THE PROCESS A. Identifying Needs Because the housing and community development needs of low and moderate income people are so great and so diverse, priorities must be set in order to decide which needs should get more attention and more resources than other needs. This is the basic reason the Consolidated Plan exists. The City holds public meetings to obtain residents' opinions about needs and what priority those needs have during the development stage of the Consolidated Plan (every 5 years). Public meetings about needs will be completed at least 15 days before a draft Consolidated Plan is published for comment, so that the needs identified can be considered by the City and addressed in the draft Plan. B. "Proposed" Annual Action Plan and/or Consolidated Plan The law providing the funds related to this CPP calls for improved accountability of jurisdictions to the public. In that spirit and in compliance with the terms of the law, the City will use the following procedures: General Information: At the beginning of this stage, usually in November of each year, the City will provide public notice of the anticipated receipt of grant funds, including an estimate of the amount of CDBG, HOME, ADDI, and ESG funds it expects to receive in the following year and a description of the range of types of activities that can be funded with these resources. Also, the notice will provide an estimate of the amount of these funds that will be used in ways that will benefit low and moderate income people. Contact information will be included in the notice so that interested persons can obtain additional information. The plans of the City to minimize the extent to which low and moderate income people will have to leave their homes as a result of the use of these federal dollars (displacement) are also available at this stage. The City's "anti-displacement plan" describes how the City will compensate people who are actually displaced as a result of the use of these funds, specifying the type and amount of compensation. City Of Chula Vista Citizen Participation Plan 17-15 5 Technical Assistance: City staff will work with organizations representative of low and moderate income people who are interested in submitting a proposal to obtain funding for an activity. Technical assistance workshops regarding the funding process and how to apply will be provided to interested organizations early in the process. Availability of a Proposed Plan: Copies of Proposed Consolidated Plans and/or Annual Action Plans are made available by request. In addition, copies are made available at the locations specified above in "Public Access to Information" of this CPP. Public Hearinos and Further Action: In addition to the public meetings held in the community regarding proposed Plans, public hearings about proposed Plans are held by the Board of Supervisors. All comments from the public meetings, as well as those received in writing during the 3D-day public comment period, are presented to the Board of Supervisors for their consideration. All such comments are considered by staff and presented in the final Plans. C. Final Annual Action Plan and/or Consolidated Plan Copies of the final Plan and a summary will be made available to the public upon request at cost. In addition, copies will be available at the locations specified above in "Public Access to Information." D. Substantial Amendments to the Consolidated Plan The following are defined as substantial amendments by the City and will require public notice and provision of a public comment period: 1. Changes in the use of CDBG funds from one eligible activity to another; 2. A change in allocation priorities or a change in the method of distribution of funds; 3. Carrying out an activity, using funds from any program covered by the plan, not previously described in the action plan; 4. A change in the purpose, scope, location, or beneficiaries of an activity; or 5. Any use of HUD 108 financing that was not described in the Consolidated Plan. Public Notice and Public Hearino for Substantial Amendments: The City will provide reasonable notice of a proposed Substantial Amendment so that residents will have an opportunity to review and comment on it. Notice will be made according to the procedures described in "Public Notice" of this CPP and will allow a 3D-day period for public comment. In preparing a final Substantial Amendment, due consideration will be given to all comments and views expressed by the public. The final Substantial Amendment will have a section that presents all comments and explains why any comments were not accepted. City Of Chula Vista Citizen Participation Plan 17-16 6 E. Consolidated Annual Performance Evaluation Report Every year, the City must submit to HUD the Consolidated Annual Performance Evaluation Report (CAPER), within 90 days of the close of the program year, i.e., by September 28. In general, the CAPER describes how funds were actually spent and the extent to which these funds were used for activities that benefited low and moderate income people. Public Notice for CAPERs: The City will provide reasonable notice that the CAPER is available so that residents will have an opportunity to review and comment on it. Notice will be made according to the procedures described in "Public Notice" above. Public comments will be accepted during a 15-day comment period described in the public notice. Copies of the CAPER will be made available to the public upon request. In addition, copies will be available at the locations listed in "Public Access to Information," In preparing a CAPER for submission to HUD, consideration will be given to all comments and views expressed by the public, orally or submitted in writing. The CAPER sent to HUD will have a section that presents all comments. COMPLAINT PROCEDURES Written complaints from the public about the City's citizen participation process or the Consolidated Plan process will receive careful consideration and will be answered in writing within 15 working days. Written complaints should be sent to the CDBG Coordinator at the following address: City of Chula Vista - Community Development Department, 276 Fourth Avenue; Chula Vista, CA 91910. AMENDING THE CITIZEN PARTICIPATION PLAN This Citizen Participation Plan can be amended only after the public has been notified of the City's intent to modify it and only after the public has had a reasonable chance to review and comment on proposed substantial changes. City Of Chula Vista Citizen Participa.tion Plan 17-17 7 ~I~ -.- . -- -::.. - - = CIlY OF CHULA VISTA 2ND AMENDMENT TO THE 2005-2006 ANNUAL ACTION PLAN A. BACKGROUND The Action Plan serves the following functions: a planning document for the jurisdiction built on a public participation process beginning at the citizen level; a combined application for federal funds under three of the U.S. Department of Housing and Urban Development (HUD) formula grant programs; and an action plan for each of the five years included in the planning period. The overall goals of the Action Plan are: to strengthen partnerships among all levels of government and the private sector, including for-profit and not-for-profit organizations; and to enable these partners to provide decent housing, establish and maintain a suitable living environment and expand economic activities for every citizen, particularly very-low-income persons and the homeless. B. AMENDMENT In order to insure timely expenditure of federal Community Development Block Grant funds, the City of Chula Vista will complete an amendment to the 2005-2006 Action Plan. The following amendment to the 2005-2006 Action Plan is recommended for submittal to the United States Department of Housing and Urban Development. The amendment to the 2005-2006 Annual Plan will allow the City to reallocate $1,505,289.54 of Community Development Block Grant and Home Investment Partnership Act Funds. The 2005-2006 Action Plan is amended as follows: Paae 4 0 45 Table 1: SummarY of Annual Funds for FY 2005/06 CDBG Entitlement Grant $ 2,261,525 Unprogrammed Prior Year's Income not previously reported $ 38,000 Surplus Funds (Reprogrammed CDBG Funds) $ 75,925 (Reallocation of Ineliaible Proiect Funds) HOME Investment Partnershias Act tHOME) Proaram $ 992,114 HOME ADDI $ 34,958 Emeraencv Shelter Grant tESG\ Proaram $ 87,011 Return of Grant Funds $ 168,437 (Overexpenditure of Public Service Funds for PY 1999, 2000, 2001, 2002 and 2003\ Unencumbered Entitlement Fundsn 2/06/05 $ 594,990.66 2003 Program Income (12/06/051 $ 146,254.15 CDBG Reca"tured Funds{12/06/oSf $ 333,910.73 HOME Recaotured Funds (12/6/05\ $ 430,134.00 Total Fundina Sources: $ 5,163,259.54 f Attachment No. 3 I 17-18 Page 6 of 45 Table 2: List of Proposed Projects for FY 2005-200 ~ -- ---- - - __ _ _ * __ _ _ _ __ 0 _ _ _ _ ~ _ _"" ~~ __ _ _ _ _ _~_ I"\- ' Ii, Prog m/P 'ed P' my Funding/Increase ~,tfanJza on ra rei no, F nd' - - - - 10 U In! City of Chulo Vista City Of Chula Vista - General Services City Of Chula Vista - General Services City Of Chula Vista - General Services Housing Services Program: The City of Chula Vista provides a range of services funded through the HOME program that promote affordable housing opportunities for renters, homebuyers and homeowners. The recommended funds would cover program delivery of the following services: a) Homebuyer Downpayment Assistance Program including housing counseling and loan processing; b) Housing Development Program including loan processing and preparation of work specifications; and c) HOME Tenant-Based Rental Assistance Program, including program eligibility determination, tenant selection, and insDections. Annuol Sidewalk Improvemen1s: Funds will be used to address the infrastructure in the area which are deteriorating and lack adequate sidewalks. This program will provide funding for the desion ond construction of sidewalks Judson Basin Droinoge: The existing structure provides on-half of the necessary ultimate capacity. Flooding of both Hilltop Drive and Naples Street and odjocent properties now occurs, which result in traffic hazards and property domoge. Instollotion of ultimate drainage improvements in the Judson Basin Chonnel from 150 ft. eost of Hilltop Drive to Noples Street to Tobias Street. Emerson Street Drainage: Drainage improvements will continue with the additional fundina. Housing Assistance $ 160,000.00 $ 285,031.27 Public Focilities/ Infrastructure $ 436,704.11 $ 169,028.00 Production of Affordable Housin Second Amendment to the 2005-2006 Annual Action Plan December 6, 2005 Page 2 ot 3 17-19 Page 41 of 45 With the foregoing exceptions, each and section of the 2005-2006 Annual Action Plan shall remain in full force and effect. TABLE 3: ESTIMATED 2005-06 USE OF HOME FUNDS Funding Reques1s Recommended Funding Staff Administration $ 99,211 Community Housing Development Orqanization (CHDO) $ 154,200 City of Chula Vista Assistance in Production of Affordable Housina $ 633,388 SBCS - Affordable Housing for Low Income Families $ 105,315 ADDI DownPayment Assistance $ 34,958 Recaptured Funds (12/06/05) $ 430,134.00 TOTAL $ 1,457,206.00 C. PUBUC PARTICIPATION PROCESS A public comment period on the amendment was conducted from October 25, 2005 thru November 24, 2005. Copies of the draft amendment were made available for public review at the Community Development Department. In addition, a public meeting was held for Tuesday, December 6, 2005 in the City Council Chambers located in the Public Services building, 276 Fourth Avenue at 4:00 p.m. The public was also encouraged to review the 2005 Second Annual Action Plan Amendment and provide written comments. D. CONTACT For further information, please contact Angelica Davis, Community Development Specialist II, at the City of Chula Vista Community Development Department, 276 Fourth Avenue, Chula Vista, California 91910; (619) 691 :5036; adavis@ci.chula-vista.ca.us. Second Amendment to the 2005-2006 Annual Action Plan December 6. 2005 Page 3 of 3 17-20 CllY OF CHUIA VISTA CITY OF CHULA VISTA MANAGEMENT PLAN FOR HUD GRANT FUNDS Key Issues There are several common themes related to all of the findings and alerts made by HUD within the last year. Below are the key issues and the related recommendations. These will be transmitted to HUD as the City's Management Plan in response to the monitoring. Selection of Projects and Programs- Although the block grants offer a degree of flexibility, strict adher,ence to Federal regulations must be maintained. The procedures to access the funds must be clear and objective. Appropriate projects and programs will be funded with HUD funds with maximum benefit to the community. Eliqibility . City staff will screen all applications for program eligibility and clearly identify the eligibility regulatory citation in file. Timeliness . Staff will recommend projects and programs that are expected to meet the commitment and expenditure requirements of all grants. . CDBG Public Service grants will be given one-year contracts. Funds not expended by subrecipients prior to June 30th of the program year, will be cancelled and rolled into reallocated funds in the next Annual Plan. Obiective. Annual Process A Citizen Participation Plan complying with all regulatory requirements will be advertised for public comment and proposed to the City Council on December 6' 2005. Thereafter, an annual cycle will be a part of the Plan, which will be mailed to all interested parties and be made public through a public hearing in the Fall of each year. Changes to the process will be kept to a minimum, year-to-year. An important change will be the expanded role of staff in scoring applications. Staff will provide the score as they can offer analysis of the benefit, leverage, and grant program eligibility and compliance. By scoring using these criteria, the program will improve in efficiency and both compliance and monitoring will thus be improved. it is the intention of this method to reduce the number of projects, which in the past have proven to be popular, but 17-21 I Attachment No.4 which have hindered overall grant success due to their inability to meet spending deadlines, or have been deemed ineligible by HUD. Staff will utilize the Housing Advisory Commission to provide input and feedback to the process. The Housing Advisory Commission (HAC) is an established advisory body to the City Council. They represent the community regarding concerns of affordable housing. Although the CDSG funding can be spent on other community projects, the overall benefit is to lower income households, similar to the focus of the HAC. Any HAC member with a relationship to an applicant agency should identify any potential conflict of interest to reduce the subjectivity of the process. The Annual Plan process shall consist of the following steps: . First Annual Plan Public Hearing (Fall)- to include Performance Report from prevIous year, Timeline for the upcoming year, and any necessary reallocations . Applications made available (late Fall)- meeting on application requirements, including dissemination and discussion of scoring criteria . Applications due (Early Winter)-no late applications will be accepted . Staff will score applications- include past performance in score . Staff makes recommendations to the established Housing Advisory Commission (late Winter) . Second Public Hearing (Spring)-Staff/HAC recommendations are presented to the City Council . Annual Plan 30 day Public Comment Period (Spring) . City Council Annual Plan Final Approval . Submission to HUD (May) . Mandatory Annual Subrecipient Training . Contract execution (July) . Performance Reports from prior year Grants Due (August) Subrecipient Partners: Monitoring and Compliance Subrecipients are our essential partners in serving the community. It is equally important that they honor their obligations under the receipt of federal funds. Staff will train and work with subrecipients to ensure compliance. Traininq Staff will conduct an informational meeting during the application process to answer any application or grant questions. Additionally, staff will conduct an annual training at the beginning of each program year to train new subrecipient staff and refresh experienced staff with program requirements. Management Plan for HUD Grant Funds Page 2 17-22 Reportina Completed Quarterly Performance Reports must be received from subrecipients in order to pay related invoices. Monitorina Plan A monitoring schedule will be established using the following assumptions: bi- annual monitoring for returning service agencies in good standing, annual monitoring for new service agencies and those with performance issues in the most recent yeor, and current monitoring for capital and housing projects. Written Aareements The City will review and revise the boilerplate written agreements for CDBG and HOME funded projects to ensure that Federol requirements ore carried out by the particulor funding source. A new written agreement will be executed for all projects that do not have a written agreement in place. Staff Capacity HUD and their technical assistance consultant both expressed concern with the City's capacity to manage its CDBG and HOME programs. Although acknowledgement has been given to the efforts made by existing staff over the last year, much concern is still expressed about the lack of administrotive support to adequately run the program. Reduce Administrative Burdens City staff will have to perform additional duties, not previously performed to ensure proper administrotion of the grant funds. Below are the suggested methods to reduce unnecessary administrotive burdens. . Reduce the number of grantees. There ore a number of small grants that consume a disproportionate amount of administrative effort. Staff will recommend a minimum gront size of $10,000 to the City Council. . When the City Council approves the projects in the final Annual Plan, a recommendation will be made that they authorize the Director to execute the contracts using the boilerplate agreement already approved. Additional Staff person Historically, the City operoted the grant funds with one Senior Management Analyst overseeing the grants. In the past few years, the CDBG and HOME awards have increased in size, translating to more projects and contracts to oversee. Additionally, the Emergency Shelter Grant (ESG) and American Dream Downpayment Initiative (ADDI) grants are fairly new to the City. It is imperotive that there is staff capacity to properly administer the grants, projects, and Management Plan for HUD Grant Funds Page 3 17-23 contracts. There will be additional duties, not previously performed. Staff will recommend to the City Council that a Community Development Specialist II position be added to work in tandem with the current staff person to administer the HUD grants. Both positions would be completely revenue offset by the grant's administrative sources. Devote Attention and Resources An overarching theme in all of HUD's actions is that the City was not attentive to a tightly run program, nor was the City responsive to the warnings. The best assurance of compliance will come as a result of close staff attention to the program rules, routine dialogue, and systematic reviews of projects and subrecipients. A few things that the City shall commit to are: . Record Keeping-File checklists will be improved for Program staff to ensure that all HUD requirements have been met. . Management Review-A management audit of at least 5% of project files annually will provide assurance that the Program requirements are met. . Strong fiscal control - Additional staff resources have already been committed by the Finance Department to work on grants management. . Prior Years' Clean-Up- Existing staff, an existing contractor, and a new staff person will work intensely to clean-up the HOME Program files and records in IDIS. This work will be complete by the end of the fiscal year (6/30/06). City staff will also use the recommendations identified in the Monitoring and Wellness Assessment. . Environmental review-Every HUD funded project requires environmental review and certification. Many of these (public services and administration) are exempt activities, but still require certification of exempt status. The environmental certification must be in place prior to project commencement. Staff attention to the environmental reviews and necessary certifications in a timely manner is imperative. The Community Development Department will continue to need the cooperation of City Environmental Staff to carry out this function. . Training-City staff will attend HOME, CDBG and IDIS trainings offered in Southern California in the next year. Management Plan for HUD Grant Funds Page 4 17-24 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CITIZEN PARTICIPATION PLAN; THE SECOND AMENDMENT TO THE 2005-06 ANNUAL ACTION PLAN; AUTHORIZING SUBMITTAL TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; APPROPRIATING AND ALLOCATING FUNDS THEREFOR WHEREAS, on May 11, 2005, the City Council approved submittal of the Community Development Block Grant (CDBG) and the HOME Investment Partnership (HOME) Program Annual Action Plan for Fiscal Year 2005-06, respectively, to the U.S. Department of Housing and Urban Development; and, WHEREAS, it is the City's goal to maximize the City's expenditure of CDBG funds; and, WHEREAS, the City has identified $1,505,2B9.54 of Federal Grant funds resulting from Unencumbered Entitlement Funds, Program Income and Recaptured Funds (Exhibit 1 - Section A); and, WHEREAS, the City has identified eligible uses for the available funds (Exhibit 1 - Section B); and, WHEREAS, significant programmatic and funding changes to the Plan constitute an amendment to the Plan; and, WHEREAS, the Chula Vista Citizen Participation Plan has been revised in compliance with Section 91.1 05(b) of the Federal Code of Regulations (Exhibit 2); and, WHEREAS, an Amendment to the Annual Action Plan and revisions to the Citizen Participation Plan require a 30-day public comment period which began on October 26, 2005, with a Public Notice published in the Star News, and ended on November 25, 2005 with no comments received. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Citizen Participation Plan and the Second Amendment to the 2005-2006 Annual Action Plan, authorizes submittal of the Plan and Second Amendment to the Department of Housing and Urban Development, and authorizes the appropriation of $875,165.27 from the City's available Line of Credit to various City projects and authorizes allocation of $630,124.27 as detailed in Exhibit 1 - Section B. Presented by: Approved as to Form by: Dana M. Smith Director of Community Development ~~~dff City Attorney J:\CO:MMDEV\RESOS\2005\12-06-05\CDBG Amendment Reso ] .doc 17-25 Exhibit 1 To Resolution No. Section A: GRANT FUNDS AVAILABLE Program Amount Available CDBG CDBG CDBG HOME HOME $594,990.66 $146,254.15 $333,910.73 $232,720.28 Total Funds Available for Allocation Section B: PROPOSED USE OF FUNDS Progrom Approprlatlonl Allocation' Reallocation of Funds to CIP STL 133-Emerson Street Draina e Reallocation of Funds to CIP DR909-Judson Basin Drainage Reallocation of Funds to CIP STL295-04j05 Sidewalk 1m rovements Reallocation of Funds to CIP STL319-05j06 Sidewalk Improvements Production of Affordable Housing Pro.ects CDBG CDBG CDBG CDBG CDBG CDBG HOME Total Pro osed Use of Funds Grand Total $ 0 $160,000.00 $ 0 $ 0 $ 24,392.16 $ 0 $169,028.00 $436,704.11 $102,993.68 $ 0 $ 182,037.59 $ 430,134.00 $ 875,165.27 $ 0 $ 0 $ 630,124.27 1 An Appropriation represents a newly identified City Project or an increase in the City Budget for an existing project. 2 An Allocation represents no increase to the City Project Budget buf rather an increase in the HUD budgef. This allocation is necessary to balance the City and the HUD budgets. J:\COMMDEV\RESOS\2005\12-06-05\CDBG Amendment Reso I.doc 17-26 RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $566,631.01 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND AND $197,413.70 FROM THE AVAILABLE BALANCE OF THE HOME PROGRAM FUND FOR REIMBURSEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TREASURY WHEREAS, the U.S. Department of Housing and Urban Development (HUD) completed a on-site monitoring review of the program administration of the Community Development Block Grant (CDBG) and the Home Investment Partnership Act (HOME) grant programs; WHEREAS, HUD reviewed the City's Consolidated Annual Performance Evaluation Report (CAPER) for program year 2004-2005; and, WHEREAS, based on the information compiled during the on-site monitoring and the CAPER HUD concluded that the City funded a total of fifteen (15) activities, which did not meet HUD eligibility standards, totaling $764,044.73 (Exhibit 1); and WHEREAS, upon reimbursement of the $764,044.73 to HUD, HUD will deposit back into the City's Line of Credit the $764,044.73 for reallocation to other eligible Chula Vista activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the appropriation of $566,631.01 from the available balance of the General Fund to the other expenses category of the fiscal year 2006 Non-Departmental budget and $197,413.70 from the available balance of the HOME program fund to the other expenses category of the fiscal year 2006 HOME Program budget for reimbursement to the U.S. Department of Housing and Urban Development Treasury. Presented by: Approved as to Form by: Dana M. Smith Director of Community Development ~~~~ Ann Moore City Attorney J:\COMMDEV\RESOS\2005\12-06-05\CDBG Amendment Reso 2.doc 17-27 Exhibit 1 To Resolution No. 2000 COBG $65,000.00 2002 COBG $ 9,099.54 2003 COBG Oevelo ment $55,499.82 2003 COBG rovements $69,000.00 2004 CDBG $10,751.00 2004 COBG $ 3,785.44 2000 COBG $13,900.00 2002 COBG $32,900.00 2002 COBG $66,375.00 2003 COBG $ 6,570.26 2003 COBG $ 1,029.67 2003 HOME Ex ense/Rent $52,727.00 2004 HOME Ex ense/Rent $52,400.00 2004 HOME $50,007.00 1998 HOME $275,000.00 $764,044.73 J:\COMI\.1DEV\RESOS\2005\12-06.Q5\CDBG Amendment Reso 2.doc 17-28 ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT It I";> em: !~, Meeting Date: 12/06/05 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $900,000 IN UNANTICIPATED GRANT FUNDS FROM THE FY 2005 FIREFIGHTER ASSISTANCE SAFER GRANT AND AMENDING THE FY 06 FIRE DEPARTMENT BUDGET TO APPROPRIATE $296,590 WHICH INCLUDES A LOCAL MATCH OF $161,590 FROM THE GENERAL FUND TO ADD SIX FIREFIGHTERS AND THREE FIRE CAPTAINS TO STAFF THE LIGHT AND AIR HEAVY RESCUE TRUCK AND APPROPRIATING $61,600 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FUND TO OUTFIT THESE POSITIONS WITH THE NECESSARY TOOLS AND WEARING APPAREL F. Ch' f O~ P Ire Ie City Manager i to. ,P i{ (4/5ths Vote: YesLNo -> The Fire Department has been awarded a federal grant in the amount of $900,000 from the FY 2005 Firefighter Assistance Safer Grant. The grant award is based on the hiring costs for nine firefighters over five years. Funds from this grant will become available to the City in 2006. This grant will be used to offset the costs of hiring six additional firefighters and three fire captains to enable the department to achieve full staffing of the Fire Department's Light and Air Heavy Rescue Truck two years ahead of schedule. RECOMMENDATION: That Council approve the above resolution and thereby: . Add six firefighters and three fire captains. . Accept $900,000 in unanticipated grant funds from the FY 2005 Firefighter Assistance Safer Grant and amend the FY 2006 Fire Department budget to appropriate $296,590 including a local match of $161,590 from the General Fund for the purpose of hiring six firefighters and three fire captains. 18-1 '-J Item: ' Meeting Date: 12/06/05 . Appropriate $61,600 from the available balance of the Public Facilities Development Impact Fund to outfit the nine new positions with the necessary tools and wearing apparel. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The Fire Department has been awarded federal funding in the amount of $900,000 from the FY 2005 Firefighter Assistance Safer Grant. Funds from this grant will be available to the City over a five-year period beginning February 2006. The grant will be used to hire six firefighter positions and three fire captains to achieve full staffing of the Fire Department's Light and Air Heavy Rescue Truck. Staffing for the Light and Air Heavy Rescue Truck was approved in concept as part of the Fire Department's Strategic Business Plan adopted by Council on September 7, 2004. Acceptance of these grant funds will enable the Fire Department to achieve full staffing of the Light and Air Heavy Rescue Truck two years ahead of schedule with a minimized impact to the General Fund. Development of Fire Department's Heavy Rescue Capability The Fire Department began development of its heavy rescue capability when Council approved the purchase of a Light and Air Heavy Rescue Truck in FY 03. The need to develop and place into service heavy rescue capability was outlined in the risk analysis contained in the Fire Department's Strategic Plan. The analysis also identified the types of services and levels of service that would be necessary to serve the City's growing and changing needs, thus enabling the Fire Department to begin to target its performance goals. Accordingly, Council approved partial staffing of this truck when a Fire Engineer position was added as part of the adoption of the Fire Department's Strategic Plan. The Council also concurrently approved in concept the achievement of full staffing. The full staffing of this truck requires one Fire Captain, one Fire Engineer and two Firefighters per shift. Full staffing of the light and Air Heavy Rescue Truck Currently the Light and Air Heavy Rescue Truck is staffed by one Fire Engineer position. At this staffing level, the truck is capable of providing lighting and air supply services to public safety personnel at fire and other emergency incidents on an as needed basis. Achievement of full staffing for this truck has remained a priority for the Fire Department in order to maximize the truck's full capabilities. Full staffing was to have been achieved in FY 06 budget; however, it was 18-2 l(J Item: ! r Meeting Date: 12/06/05 deferred until FY 08 due to the timing of available resources. In an effort to achieve full staffing, the Fire department applied and was successful in acquiring grant funding via the FY 2005 Firefighter Assistance Safer Grant. The purpose of the Safer Grants is to provide financial assistance to Fire Departments' so they can attain 24-hour staffing and thus assure their communities of adequate protection from fire and fire-related hazards. The selection process for this grant was very competitive and the Fire Department's past record of successfully managing grants played a role in achieving the grant award. Another factor contributing to the successful award of this grant was the department's demonstration of the need of having a fully staffed rescue truck, as well as stating the benefits to enhanced public safety by acquiring the ability to provide heavy rescue services. Specifically, the benefits of fully staffing the Light and Air Heavy Rescue Truck are as follows: . Full staffing will increase the department's capability to respond to 1st alarm structure fires by enhancing the department's ability to assemble the necessary firefighter resources to effect rescue and begin attacking fires within the timeframe outlined in the department's strategic plan. Having the adequate number of firefighters on scene also increases firefighter safety. . The department will improve the capability to perform Rope Rescue Operations. These include high and low angle rescues that will allow the department to perform these rescues on various terrains and structures. . The department will add the capability to perform Trench Rescue and Shoring Operations. The addition of this rescue component will come on a timely basis as the fire department estimates that there are more than 20 open trenches in the City per day adding extra risk to the community. . The department will address the need of being able to perform Confined Space Operations. Confined spaces within the City total more than 6,600 and it is estimated that 80 confined space entries are performed by the utility companies operating within the City. Other private sector companies perform additional confined space entries. Full staffing will allow that the proper ventilation and atmospheric monitoring capability is available when confined space operations are performed. . Enhanced vehicle extrications capabilities will be put into service resulting from the use of the hydraulic rescue tools available on the truck. 18-3 Item: Meeting Date: IV'. .C 12/06/05 . The full staffing of the Light and Air Heavy Rescue Truck will provide benefits to the region by enabling department personnel to assist other public agencies in coordinating rescue efforts. Grant Reauirements The federal grant will pay $900,000 of the salary and benefit costs to offset the hiring costs of nine firefighter positions over five years. The availability of these funds will be effective February of 2006 when the performance period begins. In order to take full advantage of this grant, the City must hire the nine additional firefighters by the commencement of the performance period. The City will fulfill the terms of the grant by hiring nine firefighters and promoting three fire captains from within. The three fire captain positions will provide the required supervision for the Light and Air Heavy Rescue Truck. Of the nine firefighter positions hired, six firefighters will be required to complete the full staffing of the Light and Air Heavy Rescue Truck. The other three firefighter positions will be hired to backfill the vacancies created as a result of promoting the three fire captains. The terms of the grant require that the staffing level including the nine additional firefighter positions must be maintained throughout the five-year performance period. FISCAL IMPACT: The total cost of this proposal in FY 06 is $296,590. These costs will be offset by grant revenues in the amount of $135,000 resulting in a $161,590 impact to the General Fund in FY 06. Full year funding in FY 07 for this proposal is estimated to be $689,700 and will be offset by $309,000 in grant revenues resulting in a $380,700 impact to the General Fund. In addition, the FY 07 spending plan contains $162,000 allocated to fund three fire captain positions. The grant stipulates that the City will be eligible to receive $900,000 to offset the hiring costs of these positions over the 5-year performance period. An additional $61,600 will be allocated to the Public Facilities Development Impact Fee Fund in FY 06 to outfit these positions with the necessary tools and wearing apparel. 18-4 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $900,000 IN UNANTICIPATED GRANT FUNDS FROM THE FY 2005 FIREFIGHTER ASSISTANCE SAFER GRANT AND AMENDING THE FY 06 FIRE DEPARTMENT BUDGET TO APPROPRIATE $296,590 WHICH INCLUDES A LOCAL MATCH OF $161,590 FROM THE GENERAL FUND TO ADD SIX FIREFIGHTERS AND THREE FIRE CAPTAINS TO STAFF THE LIGHT AND AIR HEAVY RESCUE TRUCK AND APPROPRIATING $61,600 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMP ACT FUND TO OUTFIT THESE POSITIONS WITH THE NECESSARY TOOLS AND WEARING APPAREL WHEREAS, the Fire Department has been awarded a federal grant in the amount of $900,000 from the FY 2005 Firefighter Assistance Safer Grant; and, WHEREAS, the grant will provide $900,000 in funding over a five-year performance period to offset the hiring costs of nine additional firefighters to achieve full staffing of the Fire Department's Light and Air Heavy Rescue Truck two years ahead of schedule; and, WHEREAS, the required staffing configuration for the Fire Department's Light and Air Heavy Rescue Truck will result in the hiring of six firefighters and three captains; and, WHEREAS, the cost for FY06 to hire SIX firefighters and three captains [S $296,590; and, WHEREAS, the FY 2005 Firefighter Assistance Safer Grant will offset $135,000 of these costs in FY 06; and, WHEREAS, the grant will require that the staffing level including the nine additional positions be maintained throughout the performance period as a condition of funding; and, WHEREAS, full staffing of the Fire Department's Light and Air Heavy Rescue Truck will allow the City and the region to benefit from enhanced rescue capability and improved service that increases the public safety; and, NOW, THEREFORE, BE IT RESOL VED THAT the City Council of the City of Chula Vista does hereby accept $900,000 in unanticipated grant funds from the FY 2005 Firefighter Assistance Safer Grant amending the FY 2006 Fire Department's budget to 18-5 appropriate $296,590 which includes a local match of $161 ,590 from the General Fund to add six firefighter and 3 fire captain positions to staff the Light and Air Heavy Rescue Truck and appropriating $61,600 from the available balance of the Public Facilities Development Impact Fund to outfit these nine positions with the necessary tools and wearing apparel. The funds will be appropriated in the following manner: . $296,590 to personnel services in the Fire Department budget . $61,600 to supplies and services in the Fire Suppression Expansion Development Impact Fund. Presented by: Approved as to form by: -$&/~ Douglas A. Perry Fire Chief O/JP ~'I~\\~~, Ann Moore City Attorney H:/shared/attomey/Fire - Firefighter Safer Grant 18-6