HomeMy WebLinkAbout2006/08/22 Item 13
COUNCIL AGENDA STATEMENT
Item 13
Meeting Date 8/22/06
ITEM TITLE:
Resolution Approving the Final Map and Associated Agreements of
Chula Vista Tract No. 01-11, OtayRanch Village 11, Neighborhoods MU-I
and R-19, acknowledging the irrevocable offer of dedication offee interest
granted on said map and accepting on behalf of the City of Chula Vista the
various public easements as granted on said map.
Resolution Approving an Encroachment Agreement PE-702 for
various locations within Chula Vista Tract No. 01-11, OtayRanch Village II,
Neighborhoods MU-I and R-19
SUBMITTED BY:
Acting Director ofEngi7n~
Interim City Manager J I
(4/5ths Vote: Yes_NoX)
REVIEWED BY:
Tonight, City Council will consider the approval of both a Final Map and an Encroachment Permit
for Neighborhoods MU-I and R-19, a subdivision ofOtay Ranch Village II Neighborhoods MU-I
and R -19 consist of residential condominiums, mixed-use condominiums and commercial acres on
three lots with three open space lots (Lots A, B & C) along Eastlake Parkway
Council will also be considering an Affordable Housing Agreement for R-19 tonight. The
Affordable Housing Agreement should be approved prior to this Map, therefore if the
Affordable Housing item is pulled from the Consent Calendar this item should be pulled as
well.
RECOMMENDATION:
That Council adopts the Resolutions:
I Approving the Final Map and other associated agreements.
2. Approving the Encroachment Agreement, PE-702, for Neighborhoods MU-I and
R -19, of Otay Ranch, Village 11
BOARD/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
Otay Ranch Village II, with the marketing name of "Winding walk," is generally located south of
Olympic Parkway, east of East lake Parkway and north of Hunte Parkway (see Attachment I). The
tentative map (Chula Vista Tract No. 01-11) was approved on October 23, 2001 by Resolution 2001-
364
The Final Map for Neighborhood MU-I and R -19 (see Attachment 2) and the associated agreements
(see Exhibits 1-3) are now before Council for consideration and approval.
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Page 2, Item 1.0
Meeting Date 8/22/06
Approval of the final map also constitutes acceptance of various public easements within the
subdivision including easements for the installation and maintenance of perimeter walls, landscape
buffers and sidewalk.
The Final Map
The Final Map subdivides one parcel into three lots for Commercial and Residential uses, and three
open space lots (Attachment 2). Lot 1 consists of239 residential condominium units, Lot 2 consists
43 residential condominiums and 39 commercial condominiums and Lot 3 is aDine-acre commercial
lot.
The Project's Homeowners' Association (HOA) will maintain all private improvements including the
streets and storm drains with the exception of the 8" sewer mains within Lots 1 and 2 of said
subdivision.
Commercial Lot
All facilities and infrastructure within the nine-acre commercial lot will be maintained by the
Business Association formed by all the business owners.
Open Space Lots
CFD-09M will maintain the three open space lots, lots "A", "B" and "c" which front Eastlake
Parkway
Subdivision and Supplemental Subdivision Improvement Agreements (SlA) & (SSlA)
The SIA and SSIA for the Final Map outline the developer's requirements to construct the internal
subdivision improvements, including public sewer, and subdivision survey monumentation and to
comply with the development conditions for the project. The developer has complied with the
Municipal Code as it relates to bonding subdivision improvements and survey monumentation.
Town Square Park
The original Tentative Map Conditions (No. 124) called for the one-acre Town Square Park to be
constructed prior to issuance of the 300th building permit within Phase Two of the Village 11
Project. Due to a redesign of the Town Square / Community Purpose Facility site, the SSlA for the
final map revises this condition to require the developer to post a bond for the completion of the
Town Square and to complete the site by December 2006, or to the satisfaction ofthe Director of
Planning and Building and the Director of General Services. A bond in the amount of$416,000 has
been posted. Once the site plan has been finalized the developer will bring an amended Tentative
Map and SPA plan before Council for their approval.
Encroachment Agreement
The Encroachment Agreement, PE-702, will allow the developer of the project to place permanent
concrete surface improvements over the City's Sewer Easement and to connect a private storm drain
to the public facility within the public right-of-way The HOA will assume responsibility for the
repair and maintenance of these improvements.
Parks
All required PAD fees have been collected for this Final Map
(J:\Engineer\AGENDA\CAS2006\08_22-06\MU_l & R-19 Agenda Statement.doc)
(08/15/2006; 6:21 PM)
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Page 3, Item /::;;
Meeting Date 8/22/06
DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the City
Council and has found no such holdings within 500' of the property that is the subject of this
action.
FISCAL IMP ACT: 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.
Attachments:
1. Plat for Otay Ranch Village II,
2. Plat for Otay Ranch Village II, Neighborhoods MU-I and R-19
3 Developer's Disclosure Statement
Exhibits:
Subdivision Improvement Agreement
Supplemental Subdivision Improvement Agreement
Encroachment Agreement
(J:\Engineer\AGENDA\CAS2006\08-22-06\MU~1 & R~19 Agenda Statement.doc)
(08/1512006; 6,21 PM)
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ATTACHMENT i
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Brookfield Shea Otay, LLC
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CHULA VISTA TRACT NO. 01-11
OTAY RANCH
VILLAGE 11 NEIGHBORHOODS MU -1 AND R-1 9
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PLANNING 10179!Umekem Street
ENQt.EERING San Dego. Ca 92121
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ATTACHMENT 3
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City ofChula Vista election must be
filed. The following information must be disclosed:
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.
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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
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3 Ifanyperson' 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.
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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.
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5 Has any person' associated with this contract had any financial dealings with an official" of the City of
Chula Vista as it relates to this contract within the past 12 months. Yes_ No~
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City of Chula Vista Disclosure Statement
If Yes, briefly describe tbe nature oftbe financial interest tbe official" may have in tbis contract.
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6. Have you made a contribution of more tban $250 witbin tbe past twelve (12) montbs to a current member
oftbe Chula Vista City Council? No'::;' Yes _ If yes, which Council member?
7
Have you provided more tban $340 (or an item of equivalent value) to an official" of tbe City of Chula
Vista in tbe past twelve (12) montbs? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes _ No X-
If Yes, which official" and what was the nature of item provided?
Date:
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{Signaltfe o{ Con,tractm-fA.pplicant
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Print or type name of Contractor/Applicant
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Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any otber county, city, municipality, district, or
otber political subdivision, -or any otber 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.
l\Attomeylfonns\disclosure statement 3..(j-03
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RESOLUTION NO 2006-
-
RESOLUTION APPROVING THE FINAL MAP OF
CHULA VISTA TRACT NO 01-11, OTAY RANCH VILLAGE 11,
NEIGHBORHOODS MU-1 AND R-19; ACKNOWLEDGING THE
IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST
GRANTED ON SAID MAP; AND ACCEPTING ON BEHALF OF
THE CITY OF CHULA VISTA THE VARIOUS PUBLIC
EASEMENTS AS GRANTED ON SAID MAP
WHEREAS, Shea Homes L.P ("the developer") has submitted a final map
for Otay Ranch Village 11, Neighborhoods MU-1 and R-19; and
WHEREAS, the developer has executed a Subdivision Improvement Agreement to install
public facilities (Sewer) 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, and
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 MU-I and R-19 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. The map is more particularly described as follows:
Being A Subdivision of Parcel "A" of that certain Certificate Of Compliance recorded
April 28, 2006 as Document No. 2006-0300433, Being a Lot Consolidation of Lot 9 ofChula
Vista Tract No. 01-11 Otay Ranch Village II "A" Map No.2, according to map thereof No.
14780, filed in the office of the County Recorder on April 30, 2004 and Lot 10 ofChula Vista
Tract No. 01-11 Otay Ranch Village II "A" Map No.3, According To Map Thereof No. 15233,
filed in the office of the County Recorder on December 28,2005, in the City ofChula Vista,
County of San Diego, State of California.
Area: 25.222 Acres
Numbered Lots: 3
Open Space Lots: 3
BE IT FURTHER RESOLVED that the City Council hereby acknowledges and rejects
on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest in Lots
"A", "B" & "c" for open space and other public purposes all as shown on Otay Ranch Village
II Neighborhoods MU-I and R-19 within said subdivision.
No. of Lots: 6
Lettered Lots: 3
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon the map the action of the City Council, that the Council
has approved said subdivision map, and that the Irrevocable Offer of Dedication of Fee Interest
of Lots "A", "B" & "c" for open space and other public purposes is acknowledged on behalf of
the City of Chula Vista.
BE IT FURTHER RESOLVED that the certain Subdivision Improvement Agreement and
Supplemental Subdivision Improvement Agreement for the project, copies of which are on file in
the office of the City Clerk, are hereby approved.
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Resolution
Page 2
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 and directed to execute said agreements for and on behalf of the City of Chula Vista
Presented by
Approved as to form by
Matt Little
Acting City Engineer
\ J::fN~(.,-<- L
1/iiii1 oor
1Qty ttorney
(H:\ENGINEERIRESOSlResos2006\08-22-06IReso MU-l & R-19 Map.doc)
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Moore
City Attorney
Dated: 8/16/06
SIA with Brookfield Shea Otay, LLC on Otay Ranch
Village 11, Neighborhood MU-1 and R-19 (CVT 01-11)
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Recording Requested by-
CITY CLERK
When Recorded, Mail to
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency ofless than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this'" day of ~-rr-, 2006, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
and BROOKFIELD SHEA OTA Y LLC, a California Limited Liability Company, referred to
herein as "Subdivider", "Developer" or "Owner", 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 11, NEIGHBORHOOD MD-I and R-19 (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
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 improvements and/or land development work required in
said subdivision within a definite 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
install and complete, at Subdivider's own expense, all the improvement work required by City in
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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 and revised on May 27, 2003 by Resolution 2003-231 ("Tentative
Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said improvement work have been prepared and submitted to the City Engineer as
identified under permit number B06-0ll0 & R-6301
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 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 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.
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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 TWO
HUNDRED AND THIRTY EIGHT THOUSAND DOLLARS AND 00 CENTS ($238,000.00)
which security shall guarantee the faithful performance of this contract by Subdivider as shown
in Exhibit" A" and which security 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
HUNDRED AND NINETEEN THOUSAND DOLLARS AND 00 CENTS ($119,000.00) to
secure the payment of material and labor in connection with the installation of said public
improvements, as shown in Exhibit "A", and 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 FIFTEEN
THOUSAND DOLLARS AND NO CENTS ($15,00000) 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
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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
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 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 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 tal<ing, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14 Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
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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
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
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[PAGE ONE OF TWO SIGNATURE PAGES TO THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD R-19 AND
MU-1, CHULA VISTA TRACT NO. 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 of the City of Chula Vista
ATTEST
City Clerk
Approved as to form by
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(C:\Documents and SettingsVimKILocal SettingslTempor"1 3'W,'SFiles\OLK6BB\SIA MU-] R-19 Final.doc)
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
[PAGE TWO OF TWO SIGNATURE PAGES TO THE SUBDMSION IMPROVEMENT
AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD MD-l
AND R-19, CHULA VISTA TRACT NO. 01-11]
DEVELOPERS/OWNERS:
DEVELOPERS/OWNERS:
BROOKFIELD SHEA OTA Y, LLC, a California Limited Liability Company
By- Brookfield Otay LLC,
a Delaware Limited Liabi' Company, Member
By' By' ~ 4{ b"J #1
NamecQ,,<.// ~~::)(..J Name: .G. M/~ )/~dt i&:'P'("1.
11~ S'oI:t.r
By' Shea Otay Village 11 LLC, a California Limited Liability Company, member
::~d P...,,,hip, :~fOmi' Lmu"" P ~,hip, i" Sol, M=b~
Name' ~~~ Name: (on .:p;NI&-I-4-
(Attach Notary Acknowledgment and Company Signature Authority)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
}ss.
County of San Diego
On August 7, 2006
, before me, Michele A. Kittinger, Notary Public,
personally appeared E. Dale Gleed and Ronald D Grunow,
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.
~@ MICHELE A. KITTINGER ~
] . -" Comml"lon {# 14J8009 ~
~ . -~ Notary PUblic ~ Calffocnla i
j ." Son Diego County f
t My Comm. expire. Oat 4, 2007'
Place Notary Seal Above
,
vrY)r At1 ~ /l4::f(/U.... /' -
Signature of Notary Public 0
13-18
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CALIFORNIA ALl.PURPOSE ACKNOWLEDGMENT
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State of California
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County of ,C::::n Y'> 1:) I 1" G n
On AI ilji ,,1- l.j 2coGo,
(J Date f
personally appeared
1m
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before
me,
Name(s) of Signelis)
~OnallY known to me
----------------~
SAAAH J. BECKMAN
J., CommlsSJon# 1591862 ;;
i .. Notary Public . CcUlcmla ~
J' Sen DIegO CO<.T1ty l
_ _ _ ~:o:'m.:~:J~l:.~
o 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.
Place Notary Seal Above
I
./
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(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer - Titie(s):
D Partner - D Limited D General
o Attorney in Fact
D Trustee
D Guardian or Conservator
D Other'
Top af thumb here
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
o Guardian or Conservator
D Other'
RIGHT THUMBPRINT
OF SIGNER'
RIGHT THUMBPBINT
OF SIGNER
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Signer Is Representing:
Signer Is Representing:
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C 2004 National Notary Association. 9350 De Sote Ave., P.O. Box 2402 . Chatswcrth, CA 91313-2402 Item No. 5907 Reorder. Call Toll-Free 1-800-876-6827
13-19
EXHIBIT "A"
LIST OF SECURITIES
CV WO No. Description Bond $ Bonding Company Bond
(Drawin2 #) Name number
$238,000
1 06004 Site Improvements (Sewer) Faithful Performance Arch Insurance SU5020571
$119,000 Company
Material & Labor
2 Per Map Monumentation $15,000 Arch Insurance SU5020877
Company
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(C:\Documents and SettingsVimKILocal SettingslTemporarJj Jg~'2'ttilesIOLK6BBISIA MU.] R-19 Final.doc)
CERTIFICATE OF CORPORATE SECRETARY
OF
J. F. SHEA CONSTRUCTION MANAGEMENT, INC.
RESOLUTION
OF
SHEA HOMES LIMITED PARTNERSHIP
EFFECTIVE APRIL 1, 2005
I, Max S. Johnson, do hereby certify that I am tile duly elected and acting Secretary of J.
F Shea Construction Managemen~ Inc., a California corporation (the "Corporation"), who is the sole
General Partner of JFS Management, L.P., a Delaware limited partnership, who is the sole General Partner
of J.F Shea, L.P., a Delaware limited partnership, who is the sole General Partner of Shea Homes Limited
Partnership, a California limited partnership (the "Limited Partnership"), and that the following resolutions
have been duly adopted by the Soard of Directors of the Corporation pursuant to the by-laws of the
Corporation and are In full force and effect:
RESOLVED, that the following named individuals are hereby elected to the offices
appearing after their respective names, and will serve for the remainder of the year or
until their successors are eiected and qualified;
RESOLVED, that anyone of the follOWing named officers of this Corporation: John F
Shea, Chairman of the Soard; Peter O. Shea, Jr., President; Edmund H. Shea, Jr.,
Executive Vice President; Peter O. Shea, Executive Vice President; and John C.
Morrissey, Executive Vice President; or any other person or person designated in writing
by anyone of these officers, or any two of the individuals named below; are authorized
and empowered for and on behalf of this Corporation, on its own behalf, or as the agent
of Shea Homes Limited Partnership, a Caiifomia limited partnership ("SHLP"), or acting of
its own capacity as the sole General Partner of JFS Managemen~ L.P., a Delaware limited
partnership ("JFS Management"), who is the sole General Partner of J.F Shea, L,P., a
Delaware limited partnership ("JF Shea LP"), who is the sole General Partner of Shea
Homes Limited Partnership, a California limited partnership ("SHLP"), to execute any bids,
contracts, bid bonds, deeds, maps, plats or any other agreements or documents
necessary for the performance of such contracts, agreements and/or documents, to
execute any documents required to borrow funds from any lender to be secured by real
or personal property owned by this Corporation, to execute agreements to punchase,
escrow instructions, and any related documents in connection with the sale and
conveyance of real property developed and sold by this Corporation on its own behaif, or
as the agent of SHLP, or acting of its own capacity as the sole Generai Partner of JFS
Management, who is the sole General Partner of J.F Shea LP, who is the sole Generai
Partner of SHLP, or any other real property owned by this Corpora~on, and to execute
notes, deeds, maps, performance and payment bonds, deeds of trust, mortgages,
guarantees, receipts, and all other documents necessary and convenient to carry out the
business opera~ons of the Corporation on its own behalf, or as the agent of SHLP, or
acting of its own capacity as the sole General Partner of JFS Management, who is the sole
General Partner of J.F Shea LP, who is the sole General Partner of SHLP;
John F Shea, Chairman of the Board
Peter O. Shea, Jr., President and Chief Executive Officer
John C. Morrlssey, Executive Vice President
Edmund H. Shea, Jr., Executive Vice President
Peter O. Shea, Executive Vice President
Sruce J. Varker, Executive Vice President
Richard C. Andreen. Vice President
Charles H. Atherton, Vice President
1
WClJ0166237.1
13-21
Paul L.L. Barnes, Vice President
W Wifliam Gaboury, Vice President
Robart B. Gordon, Vice President
Max B. Johnson, Secretary
E. (Ed) J. Kernaghan, Vice President
Ronald L. Lakey, Vice President
Chester T Latcham, Vice President
Layne C. Marceau, Vice President
Edward W Marcus, Vice President
James M. Marquardt, Vice President
David B. Miller, Vice President
Paul Mosley, Vice President
Ray Mullen, Vice President
Dennis Poulton, Vice President
Buddy Satterlield, Vice President
Peter S. Seley, Vice President
R (Bert) F Selva, Vice President
Les Thomas, Vice President
Joel VanRyckeghen, Vice President
Richard R. Wojcik, Vice President
Robert J. Yoder, Vice President
Robert R. O'dell, Vice President & Treasurer
James G. Shontere, Vice President
Scott Adams, Assistant Secretary
Joanne Anderson, Assistant Secretary
Susan Andrade, Assistant Secretary
Joseph C. Anfuso, Assistant Secretary
Alex Baird, Assistant Secretary
Sharon K. Baker, Assistant Secretary
Juan Bernardino, Assistant Secretary
Bryan Binney, Assistant Secretary
Emest J. Boitano, Assistant Secretary
John P Boland, Assistant Secretary
Duane Bradley, Assistant Secretary
Michael Brekke, Assistant Secretary
Robert M. Burke, Assistant Secretary
Jack S. Carrier, Assistant Secretary
Bill Christian, Assistant Secretary
Michael Ciaun, Assistant Secretary
Robert V Claflin, Assistant Secretary
R. (Russell) Clark, Assistant Secretary
Carol Cure, Assistant Secretary
Scott Custer, Assistant Secretary
John C. Danvers, Assistant Secretary
JeFfry M. David, Assistant Secretary
Ron Denney, Assistant Secretary
Perry Devlin. Assistant Secretary
Burt Dezendorf, Assistant Secretary
Jeffrey H. Donelson, Assistant Secretary
Carrie Jean Dunnam, Assistant Secretary
Jason L. Enos, Assistant Secretary
Yvonne Espinoza, Assistant Secretary
Jeff Fenton, AssIstant Secretary
Joseph M. Flanagan, Assistant Secretary
Tod Fontana, Assistant Secretary
Michael L. Fraley, Jr., Assistant Secretary
WC/30166237.1
2
13-22
Scott Gale, Assistant Secretary
Thom Gambie, Assistant Secretary
David Garcia, Assistant Secretary
Jessica Garcia. Assistant Secretary
Donald J. Gause, Assistant Secretary
W Stephen Gilmore. Assistant Secretary
Keliy Given, Assistant Secretary
Jack Godard. Assistant Secretary
Lyndon Graham, Assistant Secretary
Jeff Gunderson, Assistant Secretary
J. Terence Hanna, Assistant Secretary
Cariy Harlacher, Assistant Secretary
Leilani Haugen, Assistant Secretary
Alexander Hawxhurst, Assistant Secretary
Joseph Hayes, Assistant Secretary
Matthew J. Henry, Assistant Secretary
Laura Herse, Assistant Secretary
Steven Hextell, Assistant Secretary
Jeff Hinkle, Assistant Secretary
Donald A. Hofer, Assistant Secretary
Steve Howry, Assistant Secretary
Catherlne M. Huff, Assistant Secretary
Norm Hutchins, Assistant Secretary
William A. Inglis, Assistant Secretary
Kathryn Jones, Assistant Secretary
Lorl Jones, Assistant Secretary
Cliff C. Kao, Assistant Secretary
Jeffrey F. Kappes, Assistant Secretary
Virginia Karras, Assistant Secretary
Barbara Kelley. Assistant Secretary
T (Terri) G. Kershisnik, Assistant Secretary
Jim Kilgore, Assistant Secretary
John Kilrow. Assistant Secretary
Alison B. Knon, Assistant Secretary
Alex Krell, Assistant Secretary
Joon Kwon, Assistant Secretary
Colleen Lakshin. Assistant Secretary
Christina LaRocca. Assistant Secretary
Kathy Leary, Assistant Secretary
Linda Lockman, Assistant Secretary
Harold Looney, Jr" Assistant Secretary
Andrew John MacDonald, Assistant Secretary
Marcela Malek, Assistant Secretary
DiAnne Mangis. Assistant Secretary
Joyce Manigold, Assistant Secretary
Marion P Marcum, Assistant Secretary
Michael McCann, Assistant Secretary
Oren Jon McCaus~and, Assistant Secretary
Michael McCormack, Assistant Secretary
Sean McDonald, Assistant Secretary
Jenifer McLaughlin, Assistant Secretary
Jeffrey Mcqueen, Assistant Secretary
Ron Metzler, Assistant Secretary
Karen Mikuls, Assistant Secretary
William L Morris, Jr., Assistant Secretary
Steve Mulhern, Assistant Secretary
3
WCI30156231.1
13-23
Andrea Mullens, Assistant Secretary
Don Murphy, Assistant Secretary
Yasmine Naffa, Assistant Secretary
Kevin Neill, Assistant Secretary
Gilbert L. Neilson, Assistant Secretary
Christopher Nevins, Assistant Secretary
Mike O'Me!veny, Assistant Secretary
Richard J. Obemesser, Assistant Secretary
Michael D Odette, Assistant Secretary
Brad Olsen, Assistant Secretary
David Olson, Assistant Secretary
Steve Ormiston, Assistant Secretary
John C. Owen, Assistant Secretary
Lee Pacheco, Assistant Secretary
Jeffrey K. Palmer, Assistant Secretary
David Perreauit, Assistant Secretary
Kevin Peters, Assistant Secretary
Ken Peterson, Assistant Secretary
Robert Pigg, Assistant Secretary
William J. Piselsky, Assistant Secretary
Alexander L. Plishner, Assistant Secretary
Greg Ponce, Assistant Secretary
Craig Powell, Assistant Secretary
Steve Ray, Assistant Secretary
Alan Ridd, Assistant Secretary
Timothy Roberts, Assistant Secretary
Darlene Robinson, Assistant Secretary
Gonzalo Rodriguez, Assistant Secretary
Suzette Rodriquez, Assistant Secretary
Cynthia Roush, Assistant Secretary
Kris Russell, Assistant Secretary
Katherine E. Ruth, Assistant Secretary
Carol A. Ryan, Assistant Secretary
Jeff Salai, Assistant Secretary
Timothy H. Salai, Assistant Secretary
Douglas Sauder, Assistant Secretary
Wm. S. Seemann, Assistant Secretary
Ping Shaw, Assistant Secretary
Edmund H. Shea, III, Assistant Secretary
James W Shea, Assistant Secretary
John F Shea, Jr., Assistant Secretary
Teri Shusterman, Assistant Secretary
George Smith, Assistant Secretary
Eric Snider, Assistant Secretary
Stephen Stambaugh, Assistant Secretary
Roger Standley, Assistant Secretary
Bjorn Stehr, Assistant Secretary
L. (Lori) Symans, Assistant Secretary
Richard Thompson, Assistant Secretary
Della Thurston, Assistant Secretary
Stephen Tindle, Assistant Secretary
Alan F Toffoli, Assistant Secretary
Michael J. Tracy, Assistant Secretary
Ruth Truman, Assistant Secretary
Ron Turner, Assistant Secretary
John Vander Velde, Assistant Secretary
WQ'30166237. {
4
13-24
Martin Vliegenthart, Assistant Secretary
Laura W Vuolo, Assistant Secretary
Robert Wainwrigh~ Assistant Secretary
Lily A. Wallace, Assistant Secretary
Susan Waterman. Assistant Secretary
Matthew S. Watson, Assistant Secretary
Sharon Wible, Assistant Secretary
Dennis H. Williams. Assistant Secretary
Robert W Williams, Assistant Secretary
Jeffrey D. Willis, Assistant Secretary
Gregg Yensan, Assistant Secretary
IN WITNESS WHEREOF, I have hereunto set my hand effective the 1" day of April, 2005
~~
Max B. Jolll'!!f6n, Secretary
5
WOJOI66237.1
13-25
TIIE 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
oore
City Attorney
Dated: 8/16/06
SSIA with Brookfield Shea Otay, LLC on Otay Ranch
Village 11, Neighborhood MU-l B Map and R-19 (CVT 01-11)
13-26
SSIA R-19/MU-I
08/14/2006
+
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
OR-630F
SUPPLENlENTAL SUBDIVISION IMPROVENlENT AGREENlENT
FOR OTA Y RANCH VILLAGE ELEVEN,
CHULA VISTA TRACT NO 01-11
R-19/MU-1 - B MAP
(Conditions 1-5,8,11-17,27,35-37,45,48-51,56,60,69,76,78, 89, 91-94, 96,109,114,116,
118,121-122,124,137,139,144-151,158,172-177, 179-181, 183-184, 189-190, 193-200,202-
203 of Resolution 2001-364)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this
day of ,2006, by and between THE CITY OF CHULA VISTA, California
("City") and the signatories to this Agreement, BROOKFIELD SHEA OTA Y LLC, a California
Limited Liability Company ("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 Fxhihit "A" attached hereto and incorporated herein by
this reference ("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 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 of Approval
("Conditions") as more particularly described in the Resolution.
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SSIA R.191MU.l
o 8/l 4/2 006
E. Developer has requested the approval of a Final "B" Map for the Project ("Final
Map"). Certain Conditions of the Tentative Subdivision Map require 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 premise, security, terms and conditions herein contained to
approve the Final Map for which Developer has applied and Developer has agreed to the terms and
conditions set forth herein.
G. All the terms of the Supplemental Subdivision Improvement Agreement for Otay
Ranch Village II, "A" Map No. Ladopted 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 Subdivision Improvement Agreement for Otay Ranch Village
Eleven "A" Map No.3, approved by Resolution 2005401 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 mean that the construction of the
improvements have been completed and have been inspected and accepted by the City
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. "FSElR 01-02" means Final Subsequent Environmental Impact Report and
its attendant Addendum for the Otay Ranch General Development Plan
AmendmentsNillage Eleven Sectional Area Plan and Conceptual Tentative Map.
f. "Improvements " means all the onsite and off site 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.
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08/14/2006
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 Fxninit "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. 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 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
opihion 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:
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SSLA R-19/MU-l
08/1412006
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.l- (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; Developer further agrees that said terms, covenants and
conditions shall be binding upon and inure to the benefit of the heirs, successors, assigns and
representatives of the Developer as to any or all of the Property
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 I and Phase 2; Ranch Wide Affordable Housing Plan; Otay
Ranch Overall Design Plan; FSElR # 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
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SSIA R-19/MU-l
08/14/2006
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
i. Agrees to comply and remain in compliance with the AQIP;
ii. Waives any claim that adoption of the fmal 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 fmal Otay Ranch Village Eleven Water Conservation
Plan (WCP) approved measures and include the measures as part of the Project. The
Developer further
1. Agrees to comply and remain in compliance with the WCP;
ii. Waives any claim that the adoption of a fmal 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
iv 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.
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08/14/2006
7. Condition No. 8 - (Agreements). In satisfaction of Condition No. 8 of the
Resolution, the Developer agrees to the terms, conditions and time limits associated with this
tentative map which shall be consistent with the Land Offer Agreement approved by Resolution
No. 2000-116 by the City Council on April 11, 2000 ("Land Offer Agreement") and as amended
on August 7, 2001 The Developer and City of Chula Vista hereby agree to comply with the
provisions of the Land Offer Agreement and all Amendments thereto, and to remain in
compliance with the entire Land Offer Agreement and Amendments for the life of the
Agreement. Prior to the first Final Map for the Project, Applicant shall convey all land in a
manner consistent with and in accordance with the Land Offer Agreement.
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#200 1 031120), 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 ofFish 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 ofFish
and Game, and comply with the City of Chula Vista Multiple Species Conservation Program
(MSCP) Subarea Plan.
13. Condition No. 16 - (RMP). In satisfaction of Condition No. 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
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SSIA R-19iMU-l
08/14/2006
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. 27 - (Multi-Family). In satisfaction of Condition No. 27 of the
Resolution, Developer agrees that the subsequent development of a multi-family lot which does
not require the filing of a Final "B" Map shall meet, prior to issuance of a building permit for that
lot, all the applicable conditions of approval of the tentative map, as determined by the City
Engineer
16. 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.
17. 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 has provided security satisfactory,
as shown in Exhibit B, to the City Engineer and City Attorney and agrees to construct all street
improvements as required by the PFFP Developer further agrees to secure and construct the
Traffic Signal at the MU-I entrance on Eastlake Parkway as shown in Exhibit "B".
18. Condition No. 37 - (protective Fencing). In satisfaction of Condition No. 40 of
the Resolution, Developer agrees to construct a protective fencing system around all proposed
permanent detention basins, and the inlets and outlets of storm drain structures, as and when
directed by the City Engineer. The fmal fencing design and types of construction materials shall
be subject to approval of the City Engineer.
19. 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 (PFDlF) 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.
20. 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 agrees that prior to the
issuance of any building permit(s) for the Project, or prior to delivery of combustible materials on
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SSlA R-19/MU-l
08/1412006
any construction site on the Proj ect, whichever comes first, to provide, to the satisfaction of the
Fire Marshal, the following items:
a. Water supply consisting offue 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 fust layer of hard asphalt
surface or concrete surface, with a minimum standard width of20 feet; and
c. Street signs installed to the satisfaction of the Director of Public Works.
Temporary street signs shall be subject to the approval of the Director of Public Works and
Fire Marshall. Locations and identification of temporary street signs shall be subject to
review and approval by the Director of Public Works and Fire Marshall.
21. Condition 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.
22. Condition 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 Marshall.
23. Condition 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).
24. Condition Nos. 56b and 179 - (No Protest BRT/LRT Assessment Formation).
In partial satisfaction of Condition Nos. 56 and 179 of the Resolution, Developer agrees to not
protest the formation of any future regional benefit assessment district to fmance the MTDB San
Diego Trolley BRT or LRT System.
25. 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 permit for installation of the private facilities
within the 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
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is performed in the area, and,
iv The terms of this agreement shall be binding upon the successors and
assigns of the Developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets.
26. 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 National Flood Insurance
Program Maps to reflect all modifications and to ensure that no proposed lot will be created in a
flood plain.
27. 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.
28. 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 (USEP A) as set forth in the National Pollutant
Discharge Elimination System (N.PD.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.PD.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.PD.E.S. General
Permit for Storm Water Discharges Associated with Construction Activity and shall implement a
Storm Water Pollution Prevention Plan (S WPPP) concurrent with the co=encement 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 submit a
Water Quality Technical Report prior to obtaining any commercial building permits. 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 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.
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29. Condition No. 89 - (Wall Maintenance). In satisfaction of Condition No. 89 of
the Resolution, Developer agrees to provide a setback, as determined by the City Engineer based,
on Developer's Soils Engineer reco=endations, between the property lines of the proposed lots
and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped
property or property owned by others. The City Engineer will not approve the creation of any lot
that does not meet the required setback.
30. Condition No. 91 - (De-Silting Basins). In satisfaction of Condition No. 91 of
the Resolution, Developer agrees to construct temporary de-silting basins at all discharge points
adjacent to drainage courses or where substantial drainage alteration is proposed in the grading
plan. The exact design and location of such facilities shall be based on hydrological modeling
and determined pursuant to direction by the City Engineer.
31. Condition Nos. 92, 93 & 94 -(Dry weather flows). In partial satisfaction of
Condition Nos. 92, 93 & 94 of the Resolution, Developer agrees to implement the dry weather
study titled "Otay Ranch, Village Eleven Dry Weather Runoff Analysis" dated July 6, 2001, as
amended from time to time, such that:
a. Dry weather flows detention period does not exceed 72 hrs.
b. Dry weather post-developed conditions for Salt Creek shall be the same as
pre-developed conditions.
32. 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 acknowledges and agrees that all mitigation requirements will be
the responsibility of the Developer.
33. 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
the Salt Creek Trunk Sewer Improvements have 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.
34. 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 co=unity 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 Co=unity Park through the payment of fees,
dedication of land, or a combination thereof in a manner acceptable to the Director of Parks and
Recreation.
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35. Condition No. 116 - (pAD Fees). In satisfaction of Condition No. 116 of the
Resolution, Developer has paid all applicable Parkland Acquisition and Development fees in
affect at time of City Council approval to the City in accordance with C.V.M.C Chapter 17 10
prior to approval of each Final "B" Map.
36. Condition No. 118 - (park Site). In partial satisfaction of condition No. 118 of
the resolution the Developer has co=enced construction of the project's Neighborhood Park P-
I The Developer shall complete construction of the park by September 22, 2006. The term
complete construction shall mean that the park construction has been completed according to the
City approved construction plans and accepted by the Director of General Services. The
maintenance/establishment period, while still the Developer's responsibility, is not part of the
work the Developer is required to do in order to achieve complete construction.
The Developer further agrees that at any time the Director of General Services may, at his sole
discretion, modify the neighborhood development phasing and construction sequence for the
Project's park should conditions change to warrant such revision.
37. 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
parks" Developer further agrees that the City may withhold the issuance of building permits for
the Project, should such 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.
38. 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.
39. Condition No. 124 - (Town Square P-4). In partial satisfaction of Condition
No. 124 of the Resolution, the Developer agrees to secure the construction of the Town Square
Park as shown in Exhibit "B" and construct the Town Square Park by December 31, 2006, or to
the satisfaction of the Director of Planning and Building and the Director of General Services.
40. Condition No. 137 - (Regional Trails). In satisfaction of Condition No. 137 of
the Resolution, 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 General Services and Director of Planning and Building.
41. Condition No. 139 - (Accessibility Guidelines). In satisfaction of Condition No.
139 of the Resolution, Developer agrees to comply with the current Regulatory Negotiation
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Committee Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final
Report, as may be amended from time to time, developed for V.S Architectural and
Transportation Barriers Compliance Board when designing all trails and trail connections.
42. Condition No. 144 - (CC&R's). In satisfaction of Condition No. 144 of the
Resolution, Developer agrees that prior to the approval of any future Map or commercial
building permit, Declaration or Supplementary Declaration of Covenants, Conditions, and
Restrictions (CC&R's) shall be submitted and be 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 The City shall review and may approve any revisions to provisions of the CC&R's
that affect the City before they can become effective. 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 within 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 adjoining 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
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.
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i. The CC&R's shall include provisions that provide the City has the right but not the
obligation to enforce the CC&R provisions the same as any owner in the project.
J The :MEOA 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
withinthe:MEOA.
k. 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.
43. Condition No. 145 - (Homeowner Notification of MHO A 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 NlHOA 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
44. 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.
45. Condition No. 147 - (HOA Responsibilities). In satisfaction of Condition No.
147 of the Resolution, Developer agrees to grade a level, clear area at least three feet wide (face
of wall to top of slope), along the length of any wall abutting an open space district lot, as
measured from face-of-wall to beginning of slope. Said area shall be as approved by the City
Engineer and the Director of Planning and Building.
46. Condition No. 148 - (Open Space Lot Walls). In satisfaction of Condition No.
148 of the Resolution, Developer agrees that prior to close of escrow 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.
47 . 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 General Services 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.
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48. 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.
49. Condition No. 151 - (Landscape Funding Mechanism). In satisfaction of
Condition No 151 of the Resolution, Developer agrees that prior to issuance of any grading
permit which includes Landscaping and Irrigation (1&I) improvements to be installed in an open
space lot to be maintained by the Co=unity 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 City 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.
50. Condition No. 158 - (Grant Easements). In satisfaction of Condition No. 158,
the Developer agrees to design Landscape and Irrigation Plans such that street tree placement is
not in conflict with the sight visibility of any traffic signage. The Developer shall be responsible
for the removal of any obstructions within the sight visibility of said traffic signs to the
satisfaction of the City Engineer.
51. Condition No. 172 - (Withhold Permits per PFFP). In satisfaction of
Condition No. 172 of the Resolution, Developer agrees:
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
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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 Connission, City Councilor any approval by its agents, officers, or
employees with regard to this subdivision pursuant to Government Code Section 66499.37
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 ofChula Vista.
d. That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the terms of the
Tentative Map Conditions or any Supplemental Agreement. The City shall provide the
Developer of notice of such 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.
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52. Condition No. 173 - (Previous Agreements). In satisfaction of Condition No.
173 of the Resolution, Developer agrees to
a. Participate, on a fair share basis, in any deficiency plan or financial program
adopted by SANDAG to comply with the Congestion Management Program (CMF).
b. To not protest the formation of any future regional impact fee program or
facilities.
53. Condition No. 174 - (previous Agreements). In satisfaction of Condition No.
174 of the Resolution, Developer agrees to comply with all previous agreements as they pertain
to the Tentative Map.
54. 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.
55. Condition No. 176 - (Regional Impact Fees). In satisfaction of Condition No.
176 of the Resolution, Developer is required to equitably participate in any future regional
impact fee program for regional facilities should the region enact such a fee program to assist in
the construction of such facilities. The Developer agrees not protest the formation of any future
regional benefit assessment district formed to fmance regional facilities.
56. Condition No. 177 - (Regional Impact Fees). In satisfaction of Condition No.
177 of the Resolution, Developer agrees to fund the cost of transit facilities. Said facilities,
including but not limited to "transit stops" shall be designed in the manner consistent with the
transit stop details as described in the Village Eleven Design Plan, as approved by the City's
Transit Coordinator and Director of Planning and Building
57. 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 Final Map area as set forth on Exhibit "B"
58. Condition No. 181 - (Junior/High School Site). In partial satisfaction of
Condition No. 181 the Developer agrees to further subdivide parcel S-2 to provide the
Sweetwater Union High School District with a 25-net usable acre graded parcel for the
High/Middle School and the City with the open space lots as shown on the Tentative Map.
59. 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
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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).
60. 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.
61. 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 CYMC) 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 co=unity 9f 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.
62. Condition No. 190 - (project Manager). In satisfaction of Condition No. 190 of
the Resolution, the owners of each Village shall be responsible for retaining a project manager to
coordinate the processing of discretionary permit applications originating from the private sector
and submitted to the City of Chula Vista. The project manager shall establish a formal submittal
package required of each developer to ensure a high standard of design and to ensure consistency
with standards and policies identified in the adopted SPA Plan. The project manager shall have a
well-rounded educational background and experience, including but not limited to land use
planning and architecture.
63. 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 Director of Planning and Building for review and
approval prior to approval of the first Final "BOO Map. The Developer further acknowledges and
agrees that the PFFP shall be revised where necessary to reflect the revised phasing plan.
64. Condition No. 194 - (phasing Plan). In satisfaction of Condition No. 194 of the
Resolution, Developer agrees that the phasing approved with the Village Eleven SPA Plan may
be amended subject to approval by the Director of Planning and Building and the City Engineer.
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65. 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.
66. 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 Village Eleven 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.
67. 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
Multi-family housing for the Project including Planning Areas R-17, R-18, R-19, R-23, R-24, R-
25 or MU-I as a condominium Project, co=unity apartment Project, or stock cooperative, as
defmed in the applicable sections of the Government Code, Developer agrees to process a
subsequent tentative map for said proposed condominium, co=unity apartment, or stock
cooperative Project in said Planning Area pursuant to Section 66426 of the Subdivision Map Act.
68. 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
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Chula Vista Subdivision Ordinance and Subdivision Manual. Developer further agrees to
underground all utilities within the subdivision in accordance with Municipal Code requirements.
69. Condition No. 199 - (Code Requirements). In satisfaction of Condition No. 199
of the Resolution, Developer agrees to pay the following fees in accordance with the City Code
and Council Policy'
a. The Transportation and Public Facilities Development Impact Fees.
c. Signal Participation Fees.
d. All applicable sewer fees, including but not limited to sewer connection fees.
e. Salt Creek Sewer Basin DIF.
f. The Pedestrian Bridge DIF
g. The FIND Model reserve Fund Fee.
70 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.
71 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.
72. Condition No. 203 - (Code Requirements). In partial satisfaction of Condition
No. 203 of the Resolution, Developer agrees that all proposed development shall be consistent
with the Otay Ranch Village Eleven SPA Planned Community District Regulations.
73 . Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Numbers 1-
5, 8, 11-17,27,35-37,45,48-51,56,60,69,76,78,89,91-94,96, 109, 114, 116,118, 121-122,
124, 137, 139, 144-151, 158, 172-177, 179-181, 183-184, 189-190, 193-200, 202-203 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.
74 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.
75 . Recording. This Agreement, or an abstract hereof shall be recorded
simultaneously with the recordation of the Final Map.
13"-45
SSIA R-19/MU-l
0811412006
76 . 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.
77. 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.
Brookfield Shea Otay, LLC
12865 Pointe Del Mar, Suite 200
Del Mar, CA 92014
Attn: Ron Grunow, Vice President
Tel. (858) 481-8500
A party may change such address for the purpose of this paragraph by giving written notice
of such change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference
and do not defIne, describe or limit the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subject matter hereof. Any prior oral or written representations,
agreements, understandings, and/or statements shall be of no force and effect. This
Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted.
d. Preparation of Agreement. No inference, assumption or presumption shall be
drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It
shall be conclusively presumed that both parties participated equally in the preparation
and/or drafting this Agreement.
1~-46
SSIA R-19/MU-l
08/14/2006
e. Recitals; Attachments. Any recitals set forth above and exhibits attached hereto
are incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences litigation for the judicial
interpretation, reformation., enforcement or rescission hereof, the prevailing party will be
entitled to a judgment against the other for an amoilllt 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]
21
(C:\DOCUME-l \RonGILOCALS-l\T"fC8lDl1"PEIEF34\SSIA-Final Mod 124.doc)
SSIA R-19/MU-l
08114/2006
[PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA
VISTA TRACT NO. 01-11 R-19/MU-1 - B MAP]
IN WTINESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form.
~ ,
I :~ J;fV1~)
4r
City Attorney
13-48
SSIA R-19/MU-l
08/14/2006
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
[pAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA
VISTA TRACT NO. 01-11 R-19/MU-1 - B MAP]
DEVELOPERS/OWNERS.
BROOKFIELD SHEA OTA Y, LLC, a California Limited Liability Company
By' Brookfield Otay LLC,
a Delaware Limited Liability Company, Member
BY:~~ v.,p. By" ~.{t' M ~
Name$_J.I b 6"1A~ ~/ Name: e. M. 'lKI!'c1 t4~ PI'eI'.
ylGl ri.l~
By' Shea Otay Village 11 LLC, a California Limited Liability Company, member
ited Partnership, its Sole Member
-
Name: k-..~~"",...... f.-. f'L.-t>M ,....,;;rc..
(Attach Notary Acknowledgment and Company Signature Authority)
13-49
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
}ss.
County of San Diego
On August 14, 2006, before me, Nicole Sutherland, Notary Public,
personally appeared Ronald D Grunow and E. Dale Gleed,
~ - - - - - - - - - - - -
@ NICOLE SutHeRLAND
- Commlaslcn # J 5554 J 3 ~
~. Notary Public. Collfomlc ~
i Son Diego County f
_ _ _ ~:a:":,~res_~2~2~9
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
\(\~ (,ffiL ~ll/VApJ
,
Signature of Notary Public
13-50
CAlIFORN~A ALL.PURPOSE ACKNOWLEDGMENT
~~~~~~~~~~~~~~~~~~~~)JM'i!S.C'~~j!<&~*~
State of California
} 55.
County of 3CLh n I ~ ("',
On f+'8US;;- \4 ')("(\(" before me,
Date I
personally appeared AlPxn ll~@[
<6 \Ie
Name and TItle af Officer (e.g., "Jane Doe, Notary ublic")
Q.Yl d. d, m t, \ el G re....,
L ?\\s.hnp......
Name(s) of Signer(s)
~OnalIY known to me
-- -- -- - --..-. - -- -- -- -- --I
SARAH J. BEcKMAN
l ~ CommisSIon II 1591362 ;;
$ _. Notary PublIC. CclllomiC ~
! SOn DIegO County
i_ _ _ ~:~m.:.~k~J~I:.2~9(
o 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.
Place Notary Seal Above
"
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
TItle or Type of Document
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer -TIlle(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or ConselValor
o Other'
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer -TItle(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Tnustee
o Guardian or Conservator
o Other'
RIGHT THUMBPRINT
- OF SIGNER
TOp of thumb here
Signer Is Representing:
Signer Is Representing:
~~~ <:;~ ~~y~y=~~~~~~~~~~~~~~~~
C 2004 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313.2402 Item No. 5907 Reorder: Call TolIMFree 1-800-876-6827
13-51
CERTIFIED TRUE COPY OF CORPORATE RESOLUTION
(Brookfield Otay LLC)
ELECTION OF OFFICERS
RESOLVED, that the following persons are duly elected to serve as the officers of the Company
by the Board of Managers or until the election and qualification of their respective successors or
their earlier resignation or removal.
STEPHEN P DOYLE
SANDRA E. MOORE
President
Chief Financial Officer
and Vice President
Vice President
Vice President
Vice President
Vice President
Secretary
Assistant Secretary
E. DALE GLEED
DAVIDR..POOLE
R. CASEY SCHNOOR
RONALD D GRUNOW
ELIZABETH ZEPEDA
WilLIAM B. SEITH
"A"
RESOLVED FURTHER, that the Acceptance of each Officer is attached hereto as EXHIBIT
RESOLVED FURTHER, that except when otherwise authorized or directed by the Board
of Managers, or by law, the officers of the Company are authorized to execute,
acknowledge and deliver any and all instruments of writing, including but not limited to,
subdivision maps, contracts, agreements for purchase and sale, leases, deeds, notes,
security instruments and such other documentation necessary or appropriate in the
ordinary course of business of the Company Unless specifically authorized by the Board
of Managers to the contrary, any and all subdivision maps, contracts, agreements for
purchase and sale, leases, deeds, notes, loan agreements, partnership agreements and
security instruments, other than contracts involving amounts of less than $ I 00,000 and
deeds for the sale of a single family residence, shall require the signature of two officers
of the Company
RESOLVED FURTHER, that no contract or obligation involving the transfer of a
substantial right in any major asset of the Company shall be signed without prior
approval of the Board of Managers or any committee thereof duly authorized to give such
approval.
This is to certify that the foregoing is a true copy of a resolution adopted by the Board of Managers of
Brookfield Olay LLC, a Delaware limited liability company, managing member of Brookfield Shea Otay
LLC, a California limited liability company, on the 15th day of March, 2005, and that such resolution is
stilI in full force and effect unamended.
In witness whereof, I have hereunto signed my name as Secretary of Brookfield Otay LLC, this 30th
day of March, 2005
,
t~:....... v'I." _(?- .b-
Elizabeth Zepeda, Secretary
13-52
SSlA R-19/MU-l
08/1412006
EXHIBIT "A"
PROPERTY DESCRIPTION
Being A Subdivision of Parcel "A" of that certain Certificate Of Compliance recorded April 28,
2006 as Document No. 2006-0300433, Being a Lot Consolidation of Lot 9 ofChula Vista Tract
No. 01-11 Otay Ranch Village 11 "A" Map No.2, according to map thereof No. 14780, filed in
the office of the County Recorder on April 30, 2004 and Lot 10 of Chu1a Vista Tract No 01-11
Otay Ranch Village 11 "A" Map No.3, According To Map Thereof No. 15233, filed in the office
of the County Recorder on December 28,2005, in the City ofChula Vista, County of San Diego,
State of California.
13-53
SSIA R.19/MU.l
08/1412006
EXHIBIT "B"
LIST OF SECURITIES
CV WO No. Description Bond Amount Bonding Company Bond
mrawin1! #) Name Number
$416,000 Insurance Company of
1 Future Plans Village Square Park Landscape & Irrigation 2176553
Bond the West
$210,000
2 06048 Traffic Signal; MU.l entrance Faithful Perfonnance Arch Insurance SU5020777
on Eastlake Parkway. BSO $210,000 Company
Material & Labor
3
4
13-54
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN
ENCROACHMENT AGREEMENT PE-702 FOR
VARIOUS LOCATIONS WITHIN CHULA VISTA
TRACT NO. 01-11, OTAY RANCH VILLAGE 11,
NEIGHBORHOODS MU-1 AND R-19.
WHEREAS, Shea Homes, owners of Neighborhood R-19 of Village 11 in Otay
Ranch, are proposing to construct enhanced concrete paving within portions of the Public
Sewer easement and two storm drains within City's right-of-way; and,
WHEREAS, according to Section 12.28.020 of the Chula Vista Municipal Code,
a Council resolution must authorize the issuance of this encroachment permit, since the
improvements are within a public easement and public street.
NOW, THEREFORE, BE IT RESOL YED, the City Council of the City of
Chula Vista does hereby authorize the issuance of Encroachment Permit PE-702 for
construction of the concrete pavement within the Public Sewer Easement and the storm
drains within the City's right-of-way
BE IT FURTHER RESOL YED, that the City Clerk is hereby directed to record
this resolution and permit.
Presented by
Approved as to form by
::::-\ ( I'
~
Cit
./
Leah Browder
Acting Director of Engineering
H:\ENGlNEERIRESOSlResos2006\08-22-06IReso for Encroachment Permit for R-19.doc
13-55
THE ATTACHED AGREE~NT 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
Dated: 8/16/06
Authorization for Encroachment in City of Right-of-Way, PE-702
Otay Village 11, Neighborhood MU-l B Map and R-19 (CVT 01-11)
13-56
Recording requested iJy and
please return to.
City Clerk
City of Chula Vista
P.O Box 1087
Chula Vista, CA 91912
[X] This document benefits
permittee. Recording
lee required.
[ (This space for Recorder's use, only) ]
Affects Assessor's Parcel No(s) 643-612-02-00, 643-610-29-00,
C.V File No. 0710-40-PE-702
AUTHORIZATION FOR ENCROACHMENT IN CITY RIGHT OF WAY
Permit No. PE-702
Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, permission is hereby granted by the City ofChula Vista
(hereinafter "City") to: Brookfield Shea Otay, LLC (hereinafter "Permittee") whose mailing address is 12865 Pointe Del
Mar Drive, Suite 200, Del Mar, CA. 92014-3859 to do work within a portion of City righ.of-way and a public sewer
easement.
All terms and conditions of this permit as to the Permittee shall be a burden upon Permittee's land and shall run with the
land. All conditions apply to Permittee and all hislher/their heirs, assigns, successors or transferees.
Whereas, the Permittee has requested the permission from City to encroach on said City's easement adjacentto and for
the direct benefit of the following described property.
ADDRESS: Neighborhood MU-I & R-19 in Otay Ranch Village 11 The Block between Eastlake Parkway Discovery
Fails Drive and between Birch Road and Crossroads Street.
LEGAL DESCRIPTION: Real property in the City ofChula Vista, County of San Diego, State of California, described
as foilows:
Parcel A.
Lots 1,2 and 3 ofChula Vista Tract No. 01-11 OtayRanch Village II Neighborhoods MU-I andR-19, According To
Map Thereof No. , Filed In The Office Of The County Recorder On , In The City Of
Chula Vista, County Of San Diego, State Of California.
Parcel B:
All of those certain non-exclusive Sewer and General Utility and Access Easements as granted in Lots 1,2 and 3 ofChula
Vista Tract No. 01-11 Otay Ranch Village II Neighborhoods MU-I and R,19, According To Map Thereof No.
, Filed In The Office Of The County Recorder On , In The City Of Chula Vista, County
Of San Diego, State Of California.
PERMISSION IS HEREBY GRANTED to do the following work:
The construction of portions of private Storm Drain facilities within a portion of Crossroads Street as shown on
Exhibits "A" & "B" attached hereto and incorporated herein by this reference.
18"liSl
2. The construction of portions of enhanced pavement in several locations with the City's public Sewer Easement
as shown on Exhibit "c" attached heroto and incorporated herein by this reference.
(hereinafter "Encroachment")
NOW, THEREFORE, in consideration of their mutual promises, and other good and valuable COnsideration, the parties
hereto agree as follows:
Permission is hereby granted Permittee for the above-mentioned Encroachment on the real property of City described
above in accordance with the following conditions:
Encroachment shall be installed and maintained in a safe and sanitary manner by Permitteeas determined by
City. Permittee aclmowledges that the maintenance, replacement, and/or reconstruction of the Encroachment
shall be the sole responsibility of the Permittee.
2. Encroachment shall, in no way interfere with the maintenance of or operation of existing water meters, CATV
and telephone pedestals, public storm drain and sewer lines. Any costs arising from changes of or to any facility
due to the Encroachment shall be the sole responsibility of Permittee and subject to placement of a lien on the
property if incurred by the City
3 Said installation shall conform to all standards and specificallons as stated in the Chula Vista Municipal Code.
4 Permittee is to call Underground Service Alert (one call mark-out service) at 1-800-422-4133 a minimum of two
working days prior to any excavation being done in the City' s righ~of-way
5 For all above ground Encroachments that could logically be subject to graffiti or similar acts, Permittee shall
apply an anti-graffiti material to the encroaching object ofa type and nature that is acceptable to the Director of
Public Works.
6. Permittee shall immediately remove any graffiti from the encroaching object.
7 City shall have the right to remove graffiti or paint the encroaching object, the paint being provided and the cost
of labor paid by Permittee.
8. Permittee shall not allow Encroachmentto block the existing course of surface drainage to the extent that it may
endanger the public or the surrounding properties or cause ponding of water.
This permit is revocable upon thirty (30) days written notice to the Permittee, and upon such notice, the installation must
be removed or relocated, as and wlien specified by the City, at Permittee's cost If Permittee fails to remove or relocate
Encroachmentwithin the period allotted, the City may cause such work to be done and the cost thereof shall be imposed
as a lien upon Permittee's property.
Permittee shall defend, indemnify, protect, hold harmless and release the City, its elected and appointed officers and
employees, from and against all past, present or future claims for damages, liability, cost and expense (including without
lim itation attorneys' fees) arising out of or in any way related to the encroachment or the conduct ofthe Permittee, or any
agent or employee, subcontractors, or others (including third parties) in connection with the execution of the work
covered by this agreement. Except only for those claims arising from the sole negligence or sole willful conduct of the
City, its officers, or employees. Permittee's indemnification shall include any and all costs, expenses, attorneys' fees and
liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same
proceed to judgment or not. Further, Permittee at its own expense shall, upon written request by the City, defend any
such suit or action brought against the City, its officers, agents, or employees. Permittee's indemnification of City shall
not be limited by any prior or subsequent declaration by the Permittee.
Permittee hereby agrees to and shall release, hold harmless and defend City, it selective and appointive boards, officers,
agents and employees against any claim, and in any suit or proceeding, at law or in equity, for damages caused, or alleged
11~sesz
to have been caused, by actions taken or alleged to have been taken, or in anyway related to or arising from actions taken,
under this permit by Permittee directly or by hislher/their agent(s), contractor(s), or agents or employees of same.
Permittee further agrees to and shall indemnify and hold harmless City, its elective and appointive boards, officers, agents
and employees, as indemnities, for any claim, suit or proceeding submitted, brought or instituted against City as a result
of actions taken, or alleged to have been taken, or in anyway related to or arising from actions taken, under this permit,
including, but not limited to, any asserted liability for loss of or damage to property or for personal injury, including
death.
The undersigned Permittee hereby accepts the foregoing Encroachment permit upon the terms and conditions stated
herein and agrees to comply with all stated terms and conditions and with all applicable laws, including any applicable
provision of the Chula Vista Municipal Code. It is further agreed that if any part of Permittee's Encroachment or
Permittee's rights under this Encroachment Permit shouldinterfere with the future use of the City's right of way by the
general public, it must be removed or relocated at Permittee's expense and such right shall be terminated as and when
indicated by City
In the event of a dispute arising as to the terms or interpretation of this permit, the City Engineer shall resolve said
dispute in his sole and unfettered discretion, reasonably applied.
(C:\Documents and Sd:tings\chrisli\LocaI Setting!Temporary Internet FileSOLK6B\Encroachment Permit P:&702.doc)
1 3~~g
SIGNATURE PAGE
CITY OF CHULA VISTA:
Penn it approved by'
Date:
Silvester Evetovich
Principal Civil Engineer
(City Clerk to attach acknowledgment.)
PERMITTEE:
Signature: S:><, Affa.c.Ld
Name:
Date:
Title:
Signature:
Name:
Date:
Title:
(Notary to attach acknowledgmentfor each signature.)
(Corporate Authority requiredfor each Signatory, if applicable.)
(C:\Documents and ScttingSlchrisli\Local Settings.Temporary Internet FileSOLK6B\Encroachment Permit PS702.doc)
1 s!!ffd
By: Shea Otay Village 11, LLC,
a California limited liability company
By: Shea Homes Limited Partnership,
a California limited partnership, its Sole Member
13-61
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
}ss.
County of San Diego
On August 14, 2006, before me, Nicole Sutherland, Notary Public,
personally appeared Ronald D Grunow and E. Dale Gleed,
~~---~-------~
@ NICOLE SUTHERlAND
Commission # 15<i5413
~.,; Notary Public. California ~
j San Diego County t
_ _ _ ~:~m:...~res_~2~2~9
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.
~
\/uuu ~LVl~
.
Place Notary Seal Above
Signature of Notary Public
I
~
13-62
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
--- ~-- -.~~~~- - ~;i!l'" -~:;!!I;:;;r -~~ -~.'I:if":=:;;!!" ~2^~~""'-"
State of Califomia
County of &v,"D i 'D ~
On A-~cJS t. I ~,~ before
personally appeared Pn I J;
bile...
me,
N"". and ~UdOffl'" (e.,." 'Jane Ooe, N6"", pubn"
Karnt', '" a..n J IYYJ IL I 180 re
/ Name(s) of 81gner(s)
/
~erSOnallY known to me
SARAH J. BECKMAN
~ Commission # 1591862
$ _,.; Notary Public - California ~
~. San DiegO counly l
i __ __ __ '!' :c:'m. Ex~ir~ ~ 1,- 2a::
o 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 behaif of which the person(s) acted,
executed the instrument.
Place Notacy Seal Above
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(ies) Claimed by Signer(s)
Signer's Name:
o [ndividual
o Corporate Officer - Tit[e(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other'
Top of thumb here
Signer's Name:
o [ndividual
o Corporate Officer - Tit[e(s):
o Partner - 0 Limited 0 Genera[
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other'
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer [s Representing:
Signer Is Represent[ng:
l.:"'-~ ~!iO.. _~~ ~~_~::<.;L- :.ii:__ _ ~ --=- :~~.~;;._.__:_-_ ~ ~~
C 2004 National Notary Association. 9350 De Seta Ave., P.O. Box 2402' Chatswcrth, CA 91313-2402 item No. 5907 Reorder: Call ToU.Free '0800-876-6827
13-63