HomeMy WebLinkAbout2006/09/19 Item 10
COUNCIL AGENDA STATEMENT
Item /0
Meeting Date 09/19/06
ITEM TITLE:
Resolution Approving the First Amended Supplemental
Subdivision Improvement Agreement for Chula Vista Tract No. 05-07,
McMillin Otay Ranch Village Seven "A" Map.
SUBMITTED BY:
Resolution Approving the First Amended Supplemental
Subdivision Improvement Agreement for Chula Vista Tract No. 05-09,
Otay Ranch Village Seven "A" Map. 'is
\~M x..~ L-
Acting Director of En/ng """'0
Interim City Manager ,j! (4/5thsVote:Yes_NoK)
REVIEWED BY:
On March 8, 2005, the City Council approved the Supplemental Subdivision Improvement
Agreement for McMillin Otay Ranch Village Seven "A" Map ("McMillin SSIA") and on
September 13, 2005, the City Council approved the Supplemental Subdivision Improvement
Agreement for Otay Ranch Village Seven "A" Map ("ORC SSIA"). Both agreements included
a cap on the total number of residential building permits for both subdivisions of 400
maximum prior to the opening of the SR-125 toll road. The amended McMillin SSIA and
ORC SSIA agreements for Council's consideration tonight will allow an additional 600
dwelling units beyond the initial 400 (a total of 1000 dwelling units) for both subdivisions that
may be built prior to SR-125 toll road opening for public access, due to a delay in the toll
road's construction, based on a recently completed traffic study indicating that roadway
capacity is sufficient to allow for the additional building permits.
RECOMMENDATION: That City COlillcil adopt the Resolutions
1) Approving the First Amended Supplemental Subdivision Improvement Agreement for
Chula Vista Tract No. 05-07, McMillin Otay Ranch Village Seven "A" Map; and,
2) Approving the First Amended Supplemental Subdivisioh Improvement Agreement for
Chula Vista Tract No. 05-09, Otay Ranch Village Seven "A" Map.
BOARDS AND COMMISSIONS: N/A
DISCUSSION:
Chula Vista Tract 05-07, McMillin Otay Ranch Village Seven "A" Map is a l70.l-acre project
consisting of 758 residential units. The area is generally located south of Birch Road, west of
SR-125 and east of Magdalena Avenue (see Exhibit "A"). The Tentative Map was approved
October 12, 2004 by Resolution No. 2004-331. Chula Vista Tract 05-09, Otay Ranch Village
Seven "A" Map is a 105.2-acre project consisting of 375 residential units. The area is
generally located south of Birch Road, west of Magdalena Avenue and East of La Media Road
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Page 2, Item I()
Meeting Date 09/19/06
(see Exhibit "B"). The Tentative Map was approved October 12, 2004 by Resolution No.
2004-332.
In both the McMillin SSIA and ORC SSIA, Section 10 Condition No.9 states, "in satisfaction
of Condition No. 9 of the Resolution, the Developer acknowledges and agrees that, in
accordance with Addendum to FEIR 04-06, no more than 400 building permits may be issued
by the City within Village 7 prior to the completion of SR- 125 to the International Border.
Notwithstanding the foregoing, the City may issue additional building permits if the City
Council, in it sole discretion, determines that each of the following conditions have been met:
(1) SR-125 is constructed and open between SR-54 and Olympic Parkway; and (2) traffic
studies, prepared to the satisfaction of the City Engineer and the City Council, demonstrate that
the opening of SR-125 to Olympic Parkway provides additional capacity to mitigate the
project's cumulative significant traffic impacts to a level below significance without exceeding
GMOC traffic threshold standards. Alternatively, the City may issue building permits if the
City Council, in its sole discretion, has approved an alternative method to implement the City's
Growth Management Ordinance, as may be amended from time to time."
Linscott, Law & Greenspan ("LLG") prepared a traffic study dated September 7, 2006 (see
Exhibit "C") that addresses the potential for additional traffic capacity in the eastern territories
prior to the opening of SR-125. The study was prepared to update the "Eastern Territories
Traffic Capacity Analysis" prepared by LLG (April 10, 2003) specific to Otay Ranch Village
Seven. The methodology in this study estimated future traffic conditions using Traffic
Monitoring Program (TMP) speed and traffic volumes to forecast future travel speeds. During
the month of May 2006, the City's Traffic Engineering staff completed TMP data runs to
determine prevailing speeds for the following streets east of 1-805: East H Street, Telegraph
Canyon Road, Olympic Parkway, and Main Street. In addition, traffic counts were completed
on all of the four roadway segments since this was the first opportunity to collect the data now
that all of the roadway widening projects have been completed and opened to traffic. LLG
used the City's TMP data and traffic counts in their traffic study and concluded that there is an
additional capacity of600 dwelling units beyond the initial 400 (a total of 1000 dwelling units)
for both subdivisions available in the roadway network such that the City's threshold standards
will not be exceeded.
In April 2003 the City and various developers in the Eastern Territories entered into separate
agreements that would monitor the issuance of building permits east of 1-805 prior to the
completion of SR-125. These agreements were based in part on the "Eastern Territories
Traffic Capacity Analysis" prepared by LLG dated April 10, 2003. This report concluded that
8,990 units could be built prior to SR-125 being opened (with the start date of January 1, 2003)
before City thresholds would be exceeded. For several reasons, none of the monitoring
agreements were renewed upon their expiration on March 31,2006 (see Council Info Memo,
Exhibit "D").
Staff recommends approval of the amended McMillin SSIA and ORC SSIA for the following
reasons:
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Page 3, Item (0
Meeting Date 09/19/06
The LLG report shows that there is additional capacity available in the roadway
network that can be utilized without causing the City's threshold standards to be
exceeded;
Independent City Traffic Monitoring Plan ("TMP") runs and data show the levels of
service during the A.M./Mid-day/P.M. peak periods are currently at either level "A" or
"B."
ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the
proposed project for compliance with the California Environmental Quality Act and has
determined that the Final Maps and SSIA's were adequately covered in the previously certified
Final Second Tier EIR (EIR 04-06) and associated addendum, for the Otay Ranch Village
Seven Sectional Planning Area Plan, and Conceptual Tentative Map. Thus, no further
environmental review or documentation is necessary.
DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the City
Council and and has found no property holdings within 500 feet of the boundaries of the
property which is the subj ect of this action.
FISCAL IMPACT: There is no impact to the General Fund. The Developer has paid all fees
and other costs associated with the proposed amendment.
Attachments:
Exhibit "A":
Exhibit "B":
Exhibit "C":
Exhibit "0":
Attachment I:
Attachment 2:
Attachment 3:
Attachment 4:
Attachment 5:
Attachment 6:
Plat ofChula Vista Tract No. 05-07, McMillin Otay Ranch Village 7 "A" Map.
Plat ofChula Vista Tract No. 05-09, Otay Ranch Village 7 "A" Map No.1.
Linscott, Law & Greenspan traffic study
Building Permit Monitoring Program Expiration Council Information Memorandum
McMillin Developer's Disclosure Statement
Otay Ranch Developer's Disclosure Statement
McMillin Supplemental Subdivision Improvement Agreement
McMillin Amended Supplemental Subdivision Improvement Agreement
Otay Ranch Supplemental Subdivision Improvement Agreement
Otay Ranch Amended Supplemental Subdivision Improvement Agreement
J:\Engineer\AGENDA\CAS2006\08-22-06\A113 ORC McMillin SSlA amendment.doc
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MCMILLIN OTAY RANCH
VILLAGE 7 "A" MAP
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CHULA VISTA TRACT NO. 05-09
OTAY RANCH
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Before..
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September 7,2006
Mr Frank X Rivera, P .E, T.E
City of Chula Vista
276 Fourth Avenue
MS E-lOO
Chula Vista, CA 91910
LLG Reference: 3-06-1677
Subject:
Village 7 Monitoring Traffic Analysis
Chula Vista
Dear Frank:
LLG has conducted the following study to determine if permits could be issued for
the construction of 600 residential units in Village 7 prior to the completion of SR
125 and to connect to SR 54. The request for the permit for these 600 units is in
addition to the previously approved initial 400 units in Village 7 Village 7 is located
south of Birch Road between La Media to the west and the future SR 125 to the east
This study is part of the continued monitoring of new developments in the Eastern
Territories with respect to the existing available capacity on east / west roadways
connecting the City ofChula Vista to I-80S..
Study Area
The roadways analyzed in this analysis include East "H" Street, I elegraph Canyon
Road and Olympic Parkway, all east of I-80S.. These are the most congested
JOadways in Eastern Chula Vista and all have recently been widened.
Existing Conditions
Daily segment traffic volume counts were conducted by the City of Chula Vista on
East "H" StIeet, TelegIaph Canyon Road and Olympic Parkway during May / Tune
2006 Current travel speeds were recorded in several trials on all three roadways in
the westbound direction in the AM peak hour and in the eastbound direction during
the PM peak hour The corresponding levels of SeIvice (LOS) were determined
Figure 1 depicts the study area roadways and the location of Village 7. Appendix A
contains the travel speed observation and segment volume data sheets.
Existing Arterial Speed and LOS
The LOS is determined using the average speed from tables in the Highway Capacity
Manual (HCM) Table 1 summarizes the speed tlu'esholds for the levels of service..
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Frank X Rivera, PR, T R
September 7, 2006
Page 2
The City of Chula Vista utilizes the same HCM criteria for its traffic threshold
standards.
Table 2 summarizes the existing (2006) average travel time, speed and LOS. As seen
in Table 2, currently, the levels of service in the AM and PM peak hour are LOS B or
better' except in the westbound direction dwing the AM peak how on Olympic
Parkway, where the level of service is LOS C, It may be noted that in the past year,
additional capacity has been provided on East "H" Street and Telegraph Canyon Road
in the westbound direction, just east of 1-805, and therefore, improved operations are
observed on these two facilities,.
TABLE 1
YEAR 2006 OBSERVED ROADWAY SPEEDS AND CORRESPONDING LEVELS OF SERVICE
Average Ie'ave] Speed LOS
>35 A
>28 B
>22 C
> 17 D
>13 E
::;13 F
Source"
Highway Capacity Manual, 2000, Transportation Research Board
TABLE 2
YEAR 2006 OBSERVED ROADWAY SPEEDS AND CORRESPONDING LEVELS OF SERVICE
Roadway Segment Period! Tr'avel Time Aver-age Speed LOS
Dir'ection (Seconds) (MPH)
East "H" Street
From Paseo Ranchero to AM/WB 2487 33.6 B
Hidden Vista Drive PM/EB 260.1 32.1 B
TelegI'aph Canyon Road
Pasco Ranchero to AM/WB 1912 368 A
Canyon Plaza Driveway PM/EB 1942 36.2 A
Olympic Par kway
Heritage Road to A..lVl/WB 2876 25..1 C
Oleander Avenue PM/EB 1867 387 A
Footnotes"
WB - Westbound
EB - Eastbound
Source: City of Chula Vista Engineering Department
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Frank X Rivera, P E, TE
September 7, 2006
Page 3
Regression equations were developed for each roadway for each peak hour /direction.
These equations were developed using the collected speed and volume data, The
future volume can be entered into the equation to deterntine the future forecasted
speed This speed can be use(l to estimate future levels of service" Table 3
summarizes the regression equations.
The attached Charts 1 through 6 in Appendix B depict the regression equations for
each peak hour for each roadway,
TABLE 3
REGRESSION EQUATIONS BASED ON OBSERVED SPEEDS AND VOLUMES
Roadway Segment Period / Regression Equation
Direction
East "H" Street AM/WE y ~ 1.2153ln (x) + 23681
From Paseo Ranchero to Hidden Vista Drive PM/EB y ~ -28..87 In (x) + 265 23
I elegraph Canyon Road AM/WE y ~ -14.84ln (x) + 154 74
Pasco Ranchexo to Canyon Plaza Driveway PM/EB Y = -4 9282ln (x) + 74.324
Olympic P:u'kway AM/WE Y ~ -32 357ln (x) + 277.35
Hedtage Road to Oleander Avenue PM/EB Y ~ -10.397ln(x) + 11676
Footnote'.i:
Y "" Speed in miles per houl'
X = peak: hour volwne in the subject direction
Residential Permits Issued for 2006
Table 4 summarizes the perntits issued for new residential units in the Eastern
Territories As seen in Table 4, 1,993 permits have been issued to projects subject to
monitoring and 63 perntits have been issued to projects not subject to monitoring" It
may be noted that 400 units previously approved within Village 7 are included in the
total perntitted units summary., Traffic generated by these units has been added to the
baseline condition
TABLE 4
PERMITTED UNITS SUMMARY
Projects Subject to Monitoring Net Units
EastLake III (including Land Swap) 535
Dray Ranch Village] I (B50) 457
Dray Ranch Village 6. (OR) 185
Otay Ranch Village 6. (MM) 79
San Miguel Ranch 172
Rolling Hills Ranch 165
Bella lago -
Village 7 400
Sub Total 1,993
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Frank X, Rivera, PE, TE
September 7, 2006
Page 4
TABLE 4 (CONTINUED)
PERMITTED UNITS SUMMARY
Projects Subject to Monitoring Net Units
Projects Not Subject to Monitoring
Otay Ranch Village I -
Otay Ranch Village I West -
Otay Ranch Village 5 -
San Miguel Ranch 32
Rolling Hills Ranch 31
Sunbow II -
Sub Total 63
Grand Total 2,056
Additional Traffic
Cumulative Projects
Table 5 summarizes the additional traffic generated by the permitted 2,056 units at
the 7 projects subject to the monitoring and the two projects not subject to the
monitOIing" These 8 projects (which are termed cumulative projects in this study) are
calculated to generate a total of 20,560 trips, This traffic was added to the subject
system prior to the traffic generated by the 600 Village 7 units,
Village 7
This study determines the impact of adding 600 units within Village 7 to the three
subject roadways, The 600 units at Village 7 are calculated to add 6,000 ADT This
will be in addition to the 20,560 trips generated by the 2,056 units for which permits
have been issued
TABLE 5
CUMULATIVE PROJECTS TRIP GENERATION
Development Permits Issued Rate ADT
fOJ'
Projects Subject to Monitoring
EastLake III (including land Swap) 535 Units 10 !Unit 5,350
Otay Ranch Village 11 (BSO) 457 Units 10 !Unit 4,570
Otay Ranch Village 6 (OR) 185 Units 10 !Unit 1,850
Otay Ranch Village 6 (MM) 79 Units 10 !Unit 790
San Miguel Ranch 172 Units 10 !Unit 1,720
Rolling Hills Ranch 165 Units 10 !Unit 1,650
Bella Lago - Units 10 !Unit -
Village 7 400 Units 10 !Unit 4,000
Sub Iotal 1,993 Units 19,930
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Frank X Rivera, PE, TE
September 7, 2006
Page 5
TABLE 5 (CONTINUED)
CUMULATIVE PROJECTS TRIP GENERATION
Development Per'mits Issued Rate ADI
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Projects Not Subject to MonitOIing
San Miguel Ranch 32 Units 10 /Unit 320
Rolling Hills Ranch 31 Units 10 /Unit 310
Sub Total 63 Units 630
Total Cumulative Projects 2,056 Units 20,560
Traffic Assignment
Appendix C includes the nip disnibution percentages for the projects listed above and
for Village 7 Using these nip disnibutions, the additionalnaffic on the thme subject
roadways was determined and is summarized in Table 6
Speed and LOS with Village 7 Traffic
Substituting the forecasted volumes in Table 6 into the cOtresponding regression
equations in Table 3, the forecasted speed with the addition of the new traffic was
determined and is summarized in Table 7.. Using the HeM, the forecasted LOS was
determined based on the speeds. As seen in Table 7, LOS C or better' operations ar.e
expected dwing the peak hows with the addition of the new naffic.
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September 7,2006
Page 6
TABLE 6
TOTAL ADDITIONAL TRAFFIC
Existing Cumulative Projects Existing + Cumulative Projects Village 7 EXisting + Cumulative Projects
Segment +VlIIage 7
ADT AMWB PMER ADT AMWB PMEB ADT AMWB PMEB ADT AMWB PMEB ADT AMWB PME8
East H Street
1~805 to Hidden Vista Dnve 69.550 2,504 3,089 2,159 121 159 71,709 2.631 3.248 180 10 13 71,889 2,641 3,261
Telegraph Canyon Road
1-805 to Oleander Ave 72.604 2,935 2,127 1,503 85 101 74,107 3,020 2,834 600 34 42 74,707 3,054 2,876
Olympic Parkway
Iw805 10 Brandywme 48,140 2.135 1.990 4,854 212 340 52,994 2.407 2,330 2.100 118 141 55,094 2,525 2.477
Footnotes:
ADT - Average Daily Traffic volume
AM WB - AM westbound peal;: hour traffic VOlume
PM fiB - PM eastbound. peak hOUT traffic volume
Frank X. Rjvera, PE, TE
September 7, 2006
Page 7
TABLE 7
CALCULATED ROADWAY SPEEDS AND CORRESPONDING LEVELS OF SERVICE WITH NEW TRAFFIC
(ALL PERMITTED UNITS AND 600 VILLAGE 7 UNITS}
Roadway Segment Period / Speed LOS
Dir"ection (MPH)
East "H" Street
From Paseo Ranchero to Hidden Vista Dlive AM/WB 3325 B
PM/EB 31.68 B
Teleg, aph Canyon Road
Paseo Ranchero to Canyon Plaza Driveway AM/WB 3566 A
PM/EB 35.08 A
Olympic Pa,l<way
HeIitage Road to Oleander Avenue AM/WB 2386 C
PM/EB 3551 A
Conclusions
The above analysis shows that the addition of 600 additional units in Village 7 over and
above the permitted units within Village 7 and other. developments in the Eastern
Territories is not expected to cause degradation in levels of service on East "H" Street,
Telegraph Canyon Road or Olympic Parkway below City traffic threshold standards.
The recent implementation of capacity enhancements on East "H" Street, Telegraph
Canyon Road and Olympic Parkway appear to have had a positive effect on the
capacities along these roadways.
It is recommended that units above 600 not be permitted unless suppOIted by futw'e
traffic studies.
Please call me if you have any questions or need any clarifications
Sincerely,
Linscott, Law & Gr'eenspan, Engineers
N arasmrha Prasad
Senior Transportation Engineer
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Study Area
Village 7 Monitoring
EXHIBIT
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COUNCIL INFORiV1ATION illMORANDUM
DATE:
March 28, 2006
SUBJECT:
The Honorable Mayor and City counc~
David D. Rowlands Jr., City Manager 'jl ,~Jl ~
James D. Sandoval, Director ofPlancing and Building r
Building Permit Monitoring Program Expiration
TO:'
VIA:
FROM:
In April 2003 the City Council entered into agreements with several developers. The agreements
were based upon traffic studies, which revealed the capacity for approximately 8,990 residential
units prior to the opening of SR-125. . The three-year agreements were successful in both
momtoring growth at a time when there had been rapid residential development in eastern Chula
Vista and also caused the developers to expedite the construction of needed infrastructure, such
as the H Street and Telegraph Canyon Road widening projects. The agreements will expire
March 31, 2006. Staff does not intend to engage the developers in order to create new
agreements for several reasons:
1. SR-125 should be opened within the next twelve months (between October 2006 and March
2007).
2. There are approximately 1,500 units worth of traffic capacity left from the three-year
agreements.
3. Traffic studies and actual "on the ground" traffic runs have identified an additional 861 units
worth of capacity for a total of over 2,400 residential units pre SR-l25.
4. The rate of growth has dropped significantly from a high of over 3,500 residential units in
2001 to approximately 1,600 units this fiscal year, and an estimated 1,800 units each for the
next two years.
5. The GMOC threshold standards are still in place, which gives the City Council the ability to
call for a moratorium if there are violations.
6. The Growth Management Element in the newly adopted General Plan gives the City Council
the ability to set a limit on growth (a numerical limit) beyond that allowed under the Growth
Management Program, Such a limit is not required to be tied to traffic capacity.
7. The review of new major developments will include additional traffic analysis in order to
determine if any individual project phasing limits are needed.
If you have any questions, please contact me at 691-5002 or Steve Power at 409-5864.
cc: Assistant City Managers
Department Heads
Frank Rivera, Traffic Engineer
J:\planning\jim\coUnciI information memo Bldg Monitor Progr.doc
10-14
ATTACHMENT 1
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P I ann
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& Building
Plannillg Division
Department
Development Processing
CITY OF
CHUIA VlsrA
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 af Chula Vista election must be filed. The following information
must be disclosed:
1. Lisl the names of all persons having a financiat interest in the property thai is the subject of the application or the
contract, e.g., owner, applicant. contractor. subcontractor, material supplier.
McMillin Olay Ranch, LLC
2. If any person' identified pursuant to (1) above is a corporation or partnership, tist the names of all individuals with
a $2000 Investment in the business (corporation/partnership) entity.
3. If any person' identified pursuant to (1) above is a non-profit organization or trust. list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
4. Please identify every person. including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
Todd Galarneau Gregg Alpert
Gary Cinti Justin CraiQ . Bridget McEwen
Guy Asaro ,.. Rodney Lu~~ky, Nick Lee
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 Ihis coniracl wiihin the past 12 months. Yes_ No~
If Yes. briefly describe the nature of the financial inlerest the official" may have in this contract.
6. Have you made a contribution of more than $250 within the past lwelve (12) months to a current member of the
Chula Vista City Council? No is. Yes _ If yes, which Council member?
27[, FUllr'th J\.".~nllf~
Chuli1 Visla
Cillifnrnii1
Q1910
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City Of Chura Vista
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista In the
past twelve (w months? (This includes being a source of Income, money to retire a legal debt, gift, loan, etc.)
Yes _ No
If Yes, which official" and what was the nature of item provided?
Dale: ~O Ide;,.
Print or type.name of Contractor/Applicant
.
Person is deflnad as: any individual, firm, co-partnership, Joint venture, association. social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
..
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commissIon, or committee of !he City, employee, or staff members.
276 Fourth Avenue
Chula Vista
California
91910
(619) 691-5101
10-16
ATTACHMENT a
~
--"
Planning & Building Department
Planning Division I Development Processing
0lY OF
CHUlA VISTA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by
the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial Interests, payments, or campaign contributions for a City of Chula Vista election must
be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
Jim Baldwin
AI Baldwin
Otav Proiect. LP
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.
Jim Baldwin
AI Baldwin
3. If any person~ identified pursuant to (1) above Is a non-profit organization or trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
N/A
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
Kim John Kilkennv Ranie Hunter
Lex Williman
Rob Cameron Kent Aden
5. Has any person" associated with this contract had any financial dealings with an official'" of the City
of Chula Vista as it relates to this contract within the past 12 months. Yes D- No ~
If Yes, briefly describe the nature of the financial interest the official"' may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No I:8J Yes 0 If yes, which Council Member?
276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691.~101
10-17
Planning & Bnilding Department
Planning Division I Development Processing
em Of
CHULA VISTA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official- of the City of Chula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes D- No ~
If Yes, which official.. and what was the nature of item provided?
Date: Julv 24. 2006
Kent Aden
Print or type name of Contractor/Applicant
.
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as a
unit.
..
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of
a board, commission, or committee of the City, employee, or staff members.
276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101
10-18
I-
!d6
3~iP
IN)IJ
RECORDED REQUEST OF
First American Title
SUAO[VISIOr-i MAPPING DEPT.
r .. ,...3
f.TTAC. "'.....1'J!. DOC # 2005-0383256
04 21 1111111111111111111111111111111111111111111111111111111111111111111111
RECORDING REQUEST BY:
MAY 06, 2005 10:11 AM
City Clerk
OFFICIAL RECORDS
5"1'1 DIE'~O COUNTY RECORDEF:',. OFfiCE
C,REGORY J SI...liTH coum.,. RECORDER
FEES' "b 00
PAGES. 37
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
I [11111111111111111111111111111111 Hili 8111 1111 1111 1m 011I11111111181
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
//93-1?s--C
Developer
Above Space for Recorder's Use R' ,
o - LlSL\-1='
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE MCMILLIN OTA Y RANCH VILLAGE SEVEN "A" MAP
(Conditions: 1,2,3,4,5,7,8,9,10,11,12, 14, 16, 18,21,22,23,27,
28,32,42,45,46,50,51,54,57,60,62,65,69, 70,83,87,88,89,
91,93,95,96,97,98,101,102,104,106,111,112,113,115,121,
122,123,124,131,132,135,136,145,146,147,148,149,150,151,
152,153,154,155,156,157,158,159,160,161, 166, 167, 168, 169,
170,171,173,174,175,176, and 177 of Resolution No. 2004-331)
.~
This Supplemental Subdivision Improvement Agreement ("Agreement") is made thisLday
o~, ,2005, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for
recording purposes only) and the signators of this Agreement, McMillin Otay Ranch, LLC, a
Delaware Limited Liability Company, (referred to as "Developer" or "Grantor"), with reference to
the facts set forth below, which recitals constitute a part of this Agreement:
RECITALS
A This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part ofOtay Ranch Village 7, a master planned development. For purposes of this
Agreement the term "project" shall also mean "Property". Developer has applied for a [mal map for
the Property, more specifically known as McMillin Otay Ranch Village 7 "A" Map,
1
0-;;<':;'1,<7 71
10-19
6422
B. Developer and/or Developer's predecessor in interest has applied for and the City has
approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 05-07 ("Tentative
Subdivision Map") for the subdivision of the Property.
D. The City has adopted ResolutionNo. 2004-331 ("Resolution") on October 12, 2004, pursuant
to which it has approved a Tentative Subdivision Map subject to certain conditions as more
particularly described in the Resolution.
E. City is willing, on the premises, security, terms and conditions herein contained to approve
the final map of the property known as McMillin Otay Ranch Village Seven "A" Map ("Final Map")
as being in substantial conformance with the Tentative Subdivision Map described in this
Agreement. Developer understands that subsequent final maps may be subject to the same security,
terms and conditions contained herein.
F. Lots 9 and 10 of the Final Map are condominium projects containing a maximum 316
residential units within Neighborhood R-6 and R-7 of the Otay Ranch Village Seven SPA Plan, and
as such this Final Map constitutes the final "B" map for those Neighborhoods.
G. The following defmed terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
1. For the purposes of this Agreement, "Final Map" means the final map for
McMillin Otay Ranch Village Seven "A" Map.
2. "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
assignors of any property within the boundaries of the map. This includes McMillin Otay Ranch,
LLC and any and all owners of real property within the boundaries of the Property, and all
signatories to this Agreement
3. "Guest Builder" means those entities obtaining any interest in the Property or
a portion of the Property, after the Final Map has been recorded.
4. "PFFP" means the Otay Ranch Village Seven SPA Plan Public Facilities
Finance Plan adopted by Resolution No. 2004-330 as may be amended from time to time.
5. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2,
approved by the City Council on June 4, 1996, as may be amended from time to time.
6. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with
the duties and responsibilities described therein.
7. "Village Seven SPA" means the Village Seven Sectional Planning Area Plan
2
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6423
as adopted by the City Council on October 12,2004 pursuant to Resolution No. 2004-330.
8. "Addendum" means the Addendum to the Final Second-Tier Enviroomental Impact
Report 04-06 considered by City Council on March 8, 2005.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Performance Obligation. McMillin Otay Ranch LLC, signator to this Agreement,
represents to the City that it is acting as the master developer for this Project and expressly assumes
performance of the all obligations of this Agreement. Notwithstanding the foregoing, all parties to
this agreement acknowledge and agree that all such obligations remain a covenant running with the
land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good
faith effort to execute on bonds securing the obligations contained herein to the extent necessary to
complete any unfulfilled obligations of the master developer.
2. 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 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. Developer must
obtain the 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.
o
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10-21
6424
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 sole discretion of the City, jeopardize the likelihood that the
remainder of the Burden will not be completed.
e. Release ofIndividual Lots. Upon the occurrence of any of the following events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) from Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the sale of a residential lot to a
buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association.
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, i) at the close of an individual homeowner's escrow, or ii)
conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such
lot or parcel shall be automatically released from the encumbrance hereof.
3. Condition No.1 - (General Preliminary) In satisfaction of Condition No. I of the
Resol uti on, Developer hereby agrees that all of the terms, covenants and conditions contained within
the Resolution 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. Unless specifically provided
otherwise, nothing in this Agreement shall modify amend or waive the Resolution or any of the
terms, conditions or covenants therein.
4. Condition No.2 - (General Preliminary). 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 Vista Design Manual; Otay Ranch General Development Plan, Otay Ranch Resource
Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall
Design Plan; Village Seven Sectional Planning Area (SPA) and Tentative Maps (TMs), Final
Second-Tier Environmental Impact Report (Final EIR 04-06) and associated Mitigation Monitoring
and Reporting Program (MMRP) and its Addendum; Otay Ranch Village Seven Sectional Planning
4
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6425
Area (SPA) Plan and supporting documents including: Public Facilities Finance Plan (PFFP); Parks,
Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan, Air Quality ImprDvement
Plan (AQIP), Water Conservation Plan (WCP); 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 Df the City Manager, hDwever, any material
mDdificatiDns shall be subject to approval by the City Council.
5. Condition No.3 - (General Preliminary). In satisfaction of Condition No.3 of the
Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained
herein shall fail to occur Dr 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 cDnditiDn the subsequent approvals that are derived from the approvals
herein granted, institute and prosecute litigation to compel their compliance with said conditiDns Dr
seek damages for their violation. City shall notify Developer 10 days prior to any of the above
actions being taken by the City and DeveLoper shall be given the opportunity to remedy any
deficiencies identified by the City within 10 calendar days of the date of the notice.
6. Condition No.4 - (General Preliminary). In satisfaction of Condition No.4 of the
Resolution, Developer hereby 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 PrDject.
7. Condition No.5 (General Preliminary). In satisfaction of Condition No.5 of the
Resolution, the Developer agrees to comply with all applicable Village Seven SPA conditions of
approval, (PCM 04-05) as may be amended from time to time.
8. Condition No.7 (General Preliminary). In satisfaction of Condition No.7 of the
Resolution, the Developer agrees that any and all agreements that the Developer is required to enter
in hereunder shall be in a form approved by the City AttDrney.
9. Condition No.8 - (General Preliminary). In partial satisfaction ofConditiDn No.8
of the Resolution, the Developer agrees to provide funds to the Reserve Fund as required by the
Reserve Fund Program. Developer further agrees, pursuant to the provisions of the Growth
Management Ordinance and the Otay Ranch General Development Plan (GDP), to participate in the
funding of the preparation Df an annual report monitoring the develDpment of the commwrity ofOtay
Ranch. The annual monitoring report will analyze the supply of, and demand fDr, public facilities and
services governed by the threshold standards. Developer further agrees that an annual review shall
commence following the first fiscal year in which residential occupancy occurs in the PrDject and is
tD be completed during the second quarter of the following fiscal year. Developer further agrees that
5
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642G
the annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP.
10, Condition No.9 - (General Preliminary). In satisfaction of Condition No.9 of the
Resolution, the Developer acknowledges and agrees that, in accordance with Addendum to FEIR 04-
06, no more than 400 building permits may be issued by the City within Village 7 prior to the
completion ofSRl25 to the International Border. Notwithstanding the foregoing, the City may issue
additional building permits if the City Council, in its sole discretion, determines that each of the
following conditions have been met: I) SR125 is constructed and open between SR54 and Olympic
Parkway; and 2) traffic studies, prepared to the satisfaction of the City Engineer and the City
Council, demonstrate that the opening of SRI25 to Olympic Parkway provides additional capacity to
mitigate the project's cumulatively significant traffic impacts to a level below significance without
exceeding GMOC traffic threshold standards. Alternatively, the City may issue building permits if
the City Council, in it's sole discretion, has approved an alternative method to implement the City's
Growth Management Ordinance, as may be amended from time to time.
II. Condition No. 10 - (General Preliminary). In satisfaction of condition No. 10 of
the Resolution, the Developer 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"), to the satisfaction of the Director of Planning and
Building.
12. Condition No. II - (Environmental). In satisfaction of condition No. II of the
Resolution, the Developer agrees shall implement, to the satisfaction of the Director of Planning and
Building and Environmental Review Coordinator, all environmental impact mitigation measures
identified in Final ErR 04-06 (SCH#200311I 050), the candidate CEQA Findings and MMRP for this
Project.
13. Condition No. 12 - (Compliance). In satisfaction of condition No. 12 of the
Resolution, the Developer agrees to comply with all applicable requirements of the California
Department ofFish and Game, the California State Water Resources Quality Control Board, the V.S.
Fish and Wildlife Service and the V.S. Army Corps of Engineers. Developer further agrees that
prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the
Developer shall comply with all applicable requirements prescribed in the Otay Ranch Village Seven
Second-Tier Environmental hopact Report (ErR 04-06)(SCH#2003111 050), and MMRP.
14. Condition No. 14 -(preserve Conveyance). In satisfaction of condition No. 14 of
the Resolution, the Developer agrees that prior to the approval of each final "B" map for the Project,
the Developer shall comply with all requirements and policies of the Otay Ranch Resource
Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase
2 Resource Management Plan (RMP2) and "Preserve Conveyance Schedule," as approved by City
Council on June 4, 1996, and as may be amended from time to time by the City
15. Condition No. 16 - (POM). In satisfaction of condition No. 16 of the Resolution,
6
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6427
the Developer agrees that simultaneously with conveyance ofland to the Preserve OwnerlManager
(POM) in fee title or by easement, the Developer shall cease all cattle grazing on the land to be
conveyed. In addition, the Developer agrees to ensure through the maintenance of existing fencing
or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City,
that cattle from adjacent areas cannot access the land being conveyed. Developer further agrees to
comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction
of the Director of Planning and Building.
16. Condition No. 18 - (pOM). In satisfaction of Condition Nos. 18, the Developer
agrees as follows:
a. The Developer has provided the City with Irrevocable Offer of Dedication for
229.69 acres of real property in accordance with the RMP 2, a portion of which is intended to satisfy
the particular acreage conveyance obligation of McMillin's Village 7 at a rate of 1.188 acres of
conveyance per acre of area within the Final Map, as of the date of this Agreement. But such
obligation may be subject to change in accordance with paragraph c below. Any remaining amount
shall be credited towards any future map obligations.
b. That such dedicated property shall be granted in fee title to the City and County of
San Diego as joint tenants and subject to the approval of the Preserve Owner/Manager. Should the
Preserve Owner/Manager not approve this conveyance, Developer agrees to convey equivalent real
property that complies with this provision.
c. That Developer shall convey additional real property, if necessary; in order to
comply with the conveyance formula described in RMP 2, as may be amended by City. Developer
acknowledges that the amended RMP 2 may contain a conveyance formula greater than 1.188 acres
per developable acre.
d. That all land to be conveyed as described above shall be free and clear of
liens and encumbrances except for easements for existing public infrastructure and other easements
approved by the City or for planned public infrastructure as permitted in the RMP, Phase 2.
Developer further agrees to pay all taxes and assessments as they came due as to the land to be
conveyed until title has legally transferred to the City and County of San Diego.
e. Developer acknowledges that property within the boundaries of the "A" Map
which will be the subject of future final maps may have conveyance obligations to fulfill for all
development areas, including applicable streets, open space lots, paseos, pedestrian parks and slope
areas shown on the "A" Map.
17 Condition Nos. 21 & 22 - (Noise Barriers). In partial satisfaction of condition No.
21 and satisfaction of condition No. 22 of the Resolution, the Developer has provided security for the
noise barriers required for Neighborhoods R6 and R7 (Lots 9 and 10, respectively) of the project in
the amount set forth on Exhibit "B". Developer agrees that unless required noise barriers are
7
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6428
constructed, no building permits shall be issued for those lots within the noise contour of 65 CNEL
or greater as described in the Acoustical Study required by mitigation measure 4.4.1 and the
Acoustical Impact Analysis by Giroux & Associates, dated June I, 2004 and the Noise Technical
Report for Otay Ranch Village Seven by RECON, dated February 23, 2004, unless earlier modified
by agreement with the City of Chula Vista, CTV or its successor in interest, and Developer.
Developer further agrees that all noise barrier design and construction adjacent to SR-125 shall be
coordinated with the City of Chula Vista, CAL TRANS, and CTV or its successor in interest.
Developer acknowledges that noise barrier design and construction adjacent to SR-125 may be
modified should a subsequent acoustical study demonstrate to the satisfaction of the Director of
Planning and Building that the applicable noise standards will be achieved by a modified design.
18. Condition No. 23 - (Coordinate). In satisfaction of condition No. 23 of the
Resolution, the Developer agrees to make a good-faith effort to coordinate development and
implementation of the Village Seven SPA Plan Area with all other developers within Village Seven
including phasing, grading, improvements and dedication of right-of-way.
19. Condition No. 27 - (Oversizing). In satisfaction of condition No. 27 of the
Resolution, the Developer agrees that in the event of a filing of a final 'B' Map which requires
oversizing of the improvements necessary to serve other properties within the Project, said [mal map
shall be required to install all necessary improvements to serve the project plus the necessary
oversizing of facilities required to serve such other properties (in accordance with the restrictions of
state law and City ordinances).
20. Condition No. 28 - (Signage). In satisfaction of condition No. 28 of the Resolution,
the Developer agrees that prior to issuance of the first building permit, Developer shall submit for
review and approval a sign program to the Director of Planning and Building and shall post
temporary signs on all neighborhoods within the Project indicating the future land use(s) for said
sites with signage consistent with the sign program. Developer acknowledges that temporary signs
shall be maintained in place until such time as a proj eet is approved for any such future land use site.
21. Condition No. 32-.(Street Trees). In partial satisfaction of condition No. 32 of the
Resolution, the Developer agrees:
a. To install all street trees in accordance with Section 18.28.10 of the Chula
Vista Municipal Code;
b. That all street trees shall be planted in parkways, or as otherwise approved by
the Director of Planning and Building;
c. That street trees, which have been selected from the revised list of appropriate
tree species described in the Village Seven Design Plan, Village Seven SPA Plan, Fire Protection
Plan and Landscape Master Plan, shall be approved by the Director of Planning and Building and the
Director of Public Works;
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6429
d. That prior to the installation of any dry utilities, including by not limited to
cable, telephone, gas or electric lines, Developer agrees to complete preliminary street improvement
plans that show the locations of all future street trees;
e. All street tree improvement plans shall be subject to the review and approval
of the Director Of General Services and the Director of Planning and Building;
f. That prior to any utility installation, wood stakes shall be placed and
maintained in the locations as shown on approved landscape plans and that such stakes shall remain
in place until all dry utilities are installed;
g. That said wood stakes shall be painted a bright color and labeled as future
street tree location;
h. To provide the City documentation, acceptable by the Director Of General
Services and the Director of Planning and Building, that all utility companies have been given notice
that no dry utility line shall be located within five feet of the wood stake in any direction; and
i. To maintain street tree identification stakes in a location as shown on
approved plans until all dry utilities are in place.
22. Condition No. 42 - (PFDIF). In satisfaction of condition No. 42 of the Resolution,
the Developer agrees to participate in the funding of revisions of the Public Facilities Development
Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the
City Manager or his designee and subj ect to the approval of the City Council.
23. Condition No. 45 - (Fire). In satisfaction of condition No. 45 of the Resolution, the
Developer agrees to comply with the Fire Department's codes and policies for Fire Prevention, as
may be amended from time to time. The Developer further agrees to provide the following items
either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible
materials on any construction site on the Project, whichever occurs earlier:
a. Water supply consisting of fire hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the Fire Department. Any temporary water
supply source is subject to prior approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt
surface or concrete surface, with a minimum standard width of 20 feet.
c. Street signs installed to the satisfaction of the City Engineer. Temporary street
SIgns shall be subject to the approval of the City Engineer and Fire Department. Developer
9
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6430
acknowledges and agrees that the locations and identification of temporary street signs shall be
subject tD review and approval by the City Engineer and Fire Department.
24. Condition No. 46 - (Fire Hydrants). In satisfaction ofconditiDn No. 46 Dfthe
ResDlution, the Developer agrees that depending Dn the location of improvements such as cul-de-
sacs, alleys, driveways Dr when special circumstances exist in a subdivision design, as determined by
the Fire Marshal, the DevelDper shall install additional fire hydrants upon request and to the
satisfaction of the Fire Department
25. Condition No. 50 - (School Site). In satisfaction of condition No. 50 of the
Resolution, the Developer agrees to construct and secure to the satisfaction of the City Engineer, the
following improvements:
a. All necessary improvements, upon the request Df the City Engineer, fDr
prDviding ingress and egress tD the Elementary School (S-3). DevelDper acknowledges and agrees
that this requirement shall also include but is nDt limited to any required modificatiDn to medians,
storm drainage system, street lights, planting and irrigation improvements; and,
b. At the request of the City Engineer, Developer shall submit a traffic signal
warrant analysis fDr the ingress and egress to the Elementary School S-3. If traffic signal warrants
are met, Developer agrees to CDnstruct traffic signal improvements for vehicular ingress and egress tD
the Elementary School S-3
26. Condition Nos. 51, 150, 152 ~ (Transit Facilities). In satisfaction of condition Nos.
51, 150,152 of the Resolution, the Developer agrees:
a. Fund and install Chula Vista transit facilities within the tentative map boundary
when directed by the DirectDr of Public Works. The improvement plans for said stDpS shall be
prepared in accordance with the transit stop details described in the Village Seven Design Plan and
Village Seven PFFP and as apprDved by the Directors of Planning and Building and Director DfPublic
WDrks;
b. Design and construct transit facilities in a manner as apprDved by the City's
Transit CoordinatDr and the Director of Planning and Building;
c. Not protest the formation of any future regional benefit assessment district to
finance the MTDB San Diego Trolley LRT, BRT, or other transit system; and
d. Not protest the formation of any future regional benefit assessment district to
fmance the transit system.
27. Condition No. 54 - (Private facilities). In satisfaction of cDndition No. 54 of the
10
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6431
Resolution, the Developer shall not install privately owned water, reclaimed water, or other utilities
crossing any public street. Developer acknowledges 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,
ill. Mark out any private facilities owned by the developer whenever
work is performed in the area; and,
iv. The terms of this agreement shall be binding upon the successors and
assigns of the developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets.
28. Condition No. 57 -(Street Name Signs). In satisfaction of condition No. 57 of the
Resolution, the Developer agrees that prior to approval of each final map for the Project, Applicant
shall agree to install permanent street name signs, and shall install such signs prior to the issuance of
the first building permit for production homes for the applicable final map.
29. Condition No. 60 - (Drainage Maintenance). In satisfaction of condition No. 60 of
the Resolution, the Developer shall provide drainage improvements in accordance with the Otay Ranch
Village Seven Village of Vista Verde Preliminary Drainage Study, dated May 24, 2004, or a subsequent
Hydrology Study submitted to and approved by the City Engineer. Developer agrees to maintain all
such drainage improvements until the City, an applicable maintenance district, or other mechanism as
approved by the City formally accepts said improvements for maintenance. Said maintenance shall
ensure that drainage facilities will continue to operate as designed. The Developer further agrees to
maintain, or cause to be maintained, the Receiving Waters of the United States of America described in
the Regional Water Quality Control Board (R WQCB) 401 Water Quality Certification (401
Certification) for the project and contained within Lot "C" of the Final map in accordance with the
terms and conditions of the approved Water Quality and Stream Morphology Plan required by said 401
Certification, until the City accepts the Receiving Waters for maintenance by the Village 7 open space
maintenance district, or other entity approved by the City and the R WQCB. The developer further
acknowledges and agrees that the terms of acceptance of the Receiving Waters by the City shall be the
subject of an agreement between the City and Developer that shall be completed prior to the approval
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of the next Final "B" Map for the project.
30. Condition No. 62 - (Encroachment). In satisfaction of condition No. 62 of the
Resolution, the Developer agrees storm drain systems that collect water from private property shall be
designated private on grading and drainage and/or improvement plans to the point of connection with a
public system or to the point at which storm water that is collected from public street right-of-way,
public park or open space areas is first introduced into the system. Developer agrees that downstream
from that point, the storm drain system shall be public and an encroachment permit shall be processed
and approved by the City for private storm drains within the public right-of-way or within C.F.D.
maintained Open Space lots.
31. Condition No. 65 - (Drainage). In satisfaction of condition No. 65 of the Resolution,
the Developer agrees that all storm drain design shall conform to the requirements of the Subdivision
Manual and the Grading Ordinance as may be amended from time to time.
32.. Condition No. 69- (Easements). In satisfaction of condition No. 69 of the Resolution,
the Developer agrees to grant on the appropriate fina1 "B" map a IS-foot minimum drainage and access
easement for public storm drain lines located between residential units unless otherwise directed by the
City Engineer.
33. Condition No. 70 - (NPDES). In satisfaction of condition No. 70 of the Resolution,
the Developer agrees to the following:
a. That development of the subdivision shall 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.P.D.E.S.) permit requirements for urban runoff
and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the
N.P.D.E.S. regulations or requirements;
b. To file a Notice of Intent with the State Water Resources Control Board to
obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with
Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP)
concurrent with the co=encement of grading activities;
c. That the S WPPP shall include both construction and post construction pollution
prevention and pollution control measures and shall identify funding mechanisms for post construction
control measures;
d. 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;
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e. To 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;
f. That the San Diego Regional Water Quality Control Board has issued a new
Municipal Storm Water Permit (Order No. 2001-01) and that the permit includes regulations such as
implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing
Criteria for new residential development; and
g. To comply with all relevant City regulations and policies 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.
34. Condition No. 83 - (poggi Canyon Monitoring Program). In satisfaction of
condition No. 83 of the Resolution, the Developer agrees to participate and shall thereafter participate
in any necessary funding for implementing a Poggi Canyon sewer trunk monitoring program, as
determined by the City Engineer. Developer agrees that the sewer trunk monitoring program shall
include an analysis of the remaining capacity of the Poggi CanyonlDate-Faivre sewer system and that
such analysis shall demonstrate to the satisfaction of the City Engineer that sufficient capacity exists far
the number of ED Us contained in all final maps for the Project submitted to the City pursuant to the
limits set forth in the PFFP. Developer further agrees that the analysis shall include all flows, including
pumped flows, entering the Poggi Canyon Trunk Sewer, not just from Village Seven, or from within
the Poggi Canyon gravity basin. This requirement shall remain in effect until completion of the Rock
Mountain Road Trunk Sewer project and transfer of the interim Poggi Canyon sewer flows to the Rack
Mountain sewer.
35. Condition No. 87 - (poggi Canyon Sewer DIF). In satisfaction of condition No. 87 of
the Resolution, the Developer agrees that prior to issuance of any building permit for equivalent
dwelling units (EDU's) I through 190 in the Project within the Poggi Canyon Sewer Basin, the Poggi
Canyon Gravity Sewer DIF in effect at the time of issuance shall be applied to each building permit.
Developer further agrees that in the following cases, the Salt Creek Sewer Interceptor DIF in effect at
the time of issuance shall be applied to each building permit:
i. any EDU to be issued after the 190th building permit, regardless of
which sewer basin the unit is located;
II. any EDU located within the Salt CreeklW olf Canyon Sewer Basin.
36. Condition No. 88 - (parks). In satisfaction of condition No. 88 ofthe Resolution, the
Developer agrees that the Village Seven Project shall satisfY the requirements of the Park Land
Dedication Ordinance (PLDO) which establishes a requirement that the project provide three (3) acres
of local parks and related improvements per 1,000 residents. Developer further agrees that this
requirement shall be satisfied through the dedication of parkland and the payment of PAD fees that
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enable the provision ofa 7,0 netuseable-acre Neighborhood Park (P-I). Developer has paid a portion
of the PAD fees in the amount of$885,748.00 to satisfy the park development portion of the PAD fee
obligation of Neighborhoods R-6 and R-7, Developer further agrees that the remaining requirement
shall be satisfied in a future Community Park through the payment of fees, dedication of land, or a
combination thereof in a manner acceptable to the Director of General Services, Developer agrees that
at no time shall there be a deficit in local parks for the project and that common useable open space
shall not receive park credit
37. Condition No. 89 - (parks). In satisfaction of condition No. 89 of the Resolution, the
Developer agrees to comply with the provisions of the City ofChula Vista Parks and Recreation Master
Plan as adopted and as it affects facility and other related requirements for the Project's parks.
38. Conditions No. 91 and 95- (Landscape Master Plan and Conceptual Wall and
Fence Plan). In satisfaction of condition No. 91 and 95 of the Resolution, the Developer shall have
prepared, submitted to and received approval from the Director of General Services of a comprehensive
Landscape Master Plan (LMP) for the Project within sixty (90) days from the date of this Agreement, or
prior to the approval of the first final "B" map for the project, whichever occurs first Developer
acknowledges that landscape improvement plans for the project that depend on completion of the LMP
shall not be approved before approval of the LMP. Developer agrees that the approval shall be
indicated by means of the Director of Planning and Building's, or designee's, signature and date on said
Plan and that the contents of the LMP shall conform to the City staff checklist and include the
following major components:
a. Maintenance Responsibility Plan (delineates private and public property and
indicates the maintenance responsibility for each);
b. Master Irrigation Plan (includes mainline and point of connection locations);
c. Master Planting Plan (includes landscape concept statement);
d. Fire Protection Plan (identifies brush management zones and treatment, if any);
e. Hardscape Concept and Trail Plan (identifies types and finishes of paving);
f Utility Coordination Plan (includes locations of rnaj or utility boxes and vaults);
g, Conceptual Wall and Fence Plan{includes the previously approved noise barrier
plan); and
h, Monumentation and Signage Plan (includes enlargements of entry monument
locations and signage concepts)
39. Condition No. 93 - (Slope Erosion Control). In satisfaction of condition No, 93 of
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the Resolution, the Developer agrees to install landscape and irrigation slope erosion control in
accordance with approved plans no later than six months from the date of issuance of the grading
permit. Developer agrees that if the work cannot be completed within the specified time, Developer
may request an extension, which may be granted at the discretion of the Director of Planning &
Building. Developer acknowledges that such a request shall be submitted for approval in writing to the
Planning & Building Department sufficiently in advance of the end of the six-month timeframe to
allow processing of the extension. Developer further agrees tha! notwithstanding the time of installation
of landscape, and irrigation slope erosion control, Developer agrees to remain in compliance with
NPDES.
40. Condition No. 96 -(Walls). In satisfaction of condition No. 96 of the Resolution, the
Developer agrees that prior to constructing a solid masonry, view wall or like wall which wiil adjoin a
wall constructed by a different developer, a transition wall plan shall be submitted to the City and is
subject to the approval of the Director of Planning and Building. Developer further agrees to work
together with other developers of Village Seven to the satisfaction of the Director of Planning and
Building in order to construct transitions between adjoining walls
41. Condition No. 97 - (Landscape and Irrigation Plans). In satisfaction of condition
No. 97 of the Resolution, the Developer shall install all improvements in accordance with approved
Landscape and Irrigation Plans to the satisfaction of the Director of General Services and the City
Engineer. Developer further agrees to furnish and deliver to the City of Chula Vista, simultaneously
with the execution of this Agreement, sufficient securities for construction of the Landscape and
Irrigation Plans approved by the City Engineer and City Attorney in the sums as set forth on Exhibit
"B",
42. Condition No. 98-(Underground Utilities). In satisfaction of condition No. 98 of the
Resolution, the Developer agrees to install underground utilities to the property line of the Project's
park site (P-l) to the satisfaction of the Director of General Services and the City Engineer concurrently
\Vith the installation of underground utilities for any portion of the Project adjacent to the park site or
upon request of the General Services Director, whichever occurs earlier.
43. Condition No. 101 - (park Grading). In satisfaction of condition No. 101 of the
Resolution, the Developer agrees Applicant shall rough grade the Project's park site (P-l) as shown on
the approved grading plan, at nO cost to the City, which costs shall not be credited toward PD~, to the
satisfaction of the City Engineer and the Director of General Services.
44. Condition No. 102 - (park Grading). In satisfaction of condition No. 102 of the
Resolution, the Developer agrees to submit grading and/or construction plans for that portion of
Magdalena Avenue which borders Park pol to show that Magdalena Avenue meets elevation
requirements as approved by the City Engineer and as generally shown on the conceptual design for the
Elementary School & Park included within the SPA plan. Developer acknowledges that should the
Park pol site fail to accorrunodate a 7.0 net usable acre park based on the approved Village Seven Park
Master Plan, then the deficiency shall be provided at a location approved by the Director of General
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Services.
45. Condition No. 104 - (Trails). In satisfaction of condition No. 104 of the Resolution,
the Developer agrees that when trails extend to the property limits and are intended to continue into an
adj acent property, Developer agrees to coordinate alignments, trail and fencing materials and
construction methods with other developers within Village Seven, so as to provide a seamless transition
from one ownership to another.
46. Condition No. 106 - (Regional Trails). In partial satisfaction of condition No. 106 of
the Resolution, the Developer agrees to construct a connector trail concurrent with said Regional Trail
from the Regional Trial to OS-10 and shall include a pedestrian bridge crossing the drainage channel.
47. Condition No. 111 - (Accessibility). In satisfaction of condition No. III of the
Resolution, the Developer agrees to comply with the current Regulatory Negotiation Committee
Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final Report, as may be
amended from time to time, developed for U.S. Architectural and Transportation Barriers Compliance
Board when designing all trails and trail connections.
48. Condition No. 112 - (CFD). In satisfaction of conditi on No. 112 of the Resolution, the
Developer agrees that in the event Developer wishes to request the formation of a Maintenance District
or similar funding mechanism, the Developer shall submit an application packet for formation of a
Community Facilities District (CFD), and submit the request for CFD formation to the City Council for
consideration. Developer acknowledges that the CFD shall be formed prior to approval of the first "B"
map for the Project and subject to the approval of the Director of Public Works. Developer agrees to
submit a list of amenities, acreage and costs for all Open Space District lots including but not limited to
the cost of any detention basin maintenance and structural storm water quality BMP's within the
Project. Developer agrees to maintain the open space improvements for a minimum period of one year
or until such time as accepted into the open space district by the Director of Public Works. Developer
acknowledges that if Council does not approve the CFD formation, another financing mechanism such
as a Master Homeowners Association, or an endowment shall be established and submitted to the City
Council for consideration prior to approval of the first map Along with submission of the application
package for formation of the CFD, Developer further agrees to submit an initial cash deposit in an
amount to be determined by the City EngIneer to begin the process of formation of the Open Space
District. Developer acknowledges that all costs of formation and other costs associated with the
processing of the open space relating to this Project shall be borne by the Developer and shall provide
all the necessary information and materials (e.g., tables, diagrams, etc.) required by the City Engineer
for processing the formation of the proposed open space district.
49. Condition No. 113 - (CCRs). In satisfaction of condition No. 113 of the Resolution,
Prior to the approval of the fIrst final "B" Map, the Developer agrees to:
a. Submit evidence, acceptable to the City Engineer and the Director of Planning
and Building of the formation of a Master Homeowner's Association (MHOA), or another fmancial
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64311
mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of
those landscaping improvements that are not to be included in the proposed financial mechanism. The
City Engineer and the Director of Planning and Building may require that some of those improvements
shall be maintained by the Open Space District. The fmal determination of which improvements are to
be included in the Open Space District and those to be maintained by the lvlHOA shall be made during
the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future
tentative map areas in the event the City Engineer and Director of Planning and Building requires such
annexation of future tentative map areas. The MHOA formation documents shall be subject to the
approval of the City Attorney; and,
b. Submit for City's approval the CC&Rs, grant of easements and maintenance
standards and responsibility of the MHOAs for the open space areas within the Project area Developer
agrees to establish a MHOA that will indemnify, defend and hold the City and its officers and
employees harmless from any actions of the MHOA in the maintenance of such areas; and,
c. Submit and obtain approval of the City Engineer and the Director of Planning
and Building of a list of all Otay Ranch Village Seven SPA and MHOA facilities and other items to be
maintained by the proposed district. Separate lists shall be submitted for the improvements and
facilities to be maintained by the Open Space District and those to be maintained by a Master
Homeowner's Association. Include a description, quantity and cost per year for the perpetual
maintenance of said improvements. These lists shall include but are not limited to the following
facilities and improvements:
i. All facilities located on open space lots to include but not be limited to:
walls, fences, water fountains, lighting structures, paths, trails, access roads,
drainage structures and landscaping. Each open space lot shall also be broken
down by the number of acres of: I) turf, 2) irrigated, and 3) non-irrigated open
space to aid in the estimation of a maintenance budget thereof.
ii. The proportional share of medians and parkways along Rock Mountain
Road, Magdalena Avenue and Birch Road (onsite and offsite) and all other
street parkways proposed for maintenance by the applicable Community
Facilities District or Homeowners' Association.
Ill. The proportional share of the detention basin located in the Poggi
Canyon Basin and the Wolf Canyon Extended Detention Basins and Water
Quality Treatment Forebay in accordance with the "Maintenance Plan for Wolf
Canyon dated, July 15, 2004.
50. Condition No. 115 - (CCRs). In satisfaction of condition No. 115 of the Resolution,
the Developer agrees that prior to the approval of each Final "B" Map, Declaration or Supplementary
Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the
approval of the City Engineer. Developers further agrees that the CC&R's shall include the following
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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:
1. All open space lots that shall remain private,
11. Other Master Association property.
b. Before any revisions to provisions of the CC&R's that may particularly affect
the City can become effective, said revisions shall be approved by the City. The MHOA shall not
seek approval from the City of said revisions without the prior consent of 100 percent of the holders
of first mortgages or property owners within the MHOA.
c. The MHOA shall defend, indemnifY and hold harmless the City and its agents,
officers and employee 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.
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 CC&R provisions setting forth restrictions in these Tentative map
conditions may not be revised at any time without prior written permission of the City.
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k. The MHOA shall not dedicate or convey for public streets, land used for
private streets without approval of 100% of all the HOA members or holder offirst mortgages within
theMHOA.
1. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's
shall also include language which states that any proposal by the HOA to allow "speed bumps" in the
future shall require prior written approval of 100% of all the Homeowners Association members.
51. Condition No. 121- (protest Formation). In satisfaction of condition No. 121 of the
Resolution, the Developer agrees to not protest formation or inclusion in a maintenance district or zone
for the maintenance oflandscaped medians and scenic corridors along streets within or adjacent to the
subject subdivision.
52. Condition No. 122 - (parkways). In satisfaction of condition No. 122 of the
Resolution, the Developer acknowledges that street parkways within the Project shall be maintained by
an entity such as a Master Home Owner's Association (MHOA) or a Community Facilities District
(CFD) and that private homeowners shall not rriaintain the parkways. Developer agrees that street
parkways shall be designated as recycled water use areas, if approved by the Otay Water District and
San Diego County Department of Environmental Health.
53. Condition No. 123 - (Landscape and Irrigation). In satisfaction of condition No. 13 5
ofthe Resolution, the Developer agrees to 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 acknowledges that in the event the
improvements are not maintained to City standards as determined by the City Engineer and the Director
General Services, the deposit shall be used to perform the maintenance and 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. Developers
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, 6 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 General Services
54. Condition No. 124 - (Open Space). In satisfaction of condition No. 124 of the
Resolution, the Developer agrees that prior to City acceptance of any open space lots, the Developer
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shall demonstrate to the satisfaction of the City Engineer, that the assessmentslbonded indebtedness for
all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the
parcel(s).
55. Condition No. 131 - (Sight Visibility). In satisfaction of condition No. 131 of the
Resolution, the Developer agrees to design landscape and irrigation plans such that street tree
placement is not in conflict with the visibility of any traffic signage. Developer further agrees that
Developers shall be responsible for the removal of any obstructions of said traffic signs to the
satisfaction of the City Engineer .
56. Condition No. 132 - (private Easements). In satisfaction of condition No. 132 of the
Resolution, the Developer agrees to grant easements to subsequent owners pursuant to Section
18.20.150 of the Municipal Code On any final map that proposes private utilities or drainage facilities
crossing property lines as directed by the City Engineer.
57. Condition No. 135 - (Private Easements). In satisfaction of condition No. 135 of the
Resolution, the Developer agrees that where a private storm drain easement will parallel a public sewer
easement, the easements shall be delineated separately on the final map and On the grading and
improvement plans. Developer acknowledges that if any portion of the easements will overlap one
another, the City shall have a superior right to the common portion of the easements.
58. Condition No. 136 - (Subordination). In satisfaction of condition No. 136 of the
Resolution, the Developer agrees that prior to the approval of each fInal map for the Project, the City
Engineer may require either the removal or the subordination of any easement, which may
unreasonably interfere with the full and complete exercise of any required public easement or right-of-
way.
59. Condition No. 145 -(Supplemental Agreement). In satisfaction of condition No. 145
of the Resolution, the Developer agrees to the following:
a.
following occur:
That the City may withhold building permits for the Project if anYOne of the
i. Regional development threshold limits set by a Chula Vista
transportation phasing plan, as amended from time to time, have been
reached or in order to have the Project comply with the Growth Management
Program, as may be amended from time to time.
ii. . Traffic volumes, levels of service, public utilities and/or services
either exceed the adopted City threshold standards or fail to comply with the
then effective Growth Management Ordinance, and Growth Management
Program and any amendments thereto. Public utilities shall include, but not
be limited to, air quality, drainage, sewer and water.
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ill. 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 Seven SPA if the required public facilities, as
identified in the PFFP or as amended by the Annual Monitoring Program
have not been completed.
b. To defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any approval by the City, including approval by its
Planning Commission, City Councilor any approval by its agents, officers, or employees with regard
to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly
notifies the Developer of any claim, action or proceeding and on the further condition that the City
fully cooperates in the defense.
c. Permit all cable television companies franchised by the City of Chula Vista
equal opportunity to place conduit and provide cable television service for each lot or unit within the
Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of,
and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit
within the properties situated within the final map only to those cable television companies
franchised by the City of Chula Vista, the condition of such grant being that:
i. Such access is coordinated with Developer's construction schedule so
that it does not delay or impede Developer's construction schedule and does
not require the trenches to be reopened to accommodate the placement of
such conduits; and
ii. Any such cable company is and remains in compliance with, and
promises to remain in compliance with the terms and conditions of the
franchise and with all other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable television compariies as same
may have been, or may from time to time be, issued by the City of Chula
Vista.
Developer hereby conveys to the City ofChula Vista the authority to enforce said covenant by such
remedies as the City determines appropriate, including revocation of said grant upon determination
by the City of Chula Vista that they have violated the conditions of grant.
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d. That the City may withhold the issuance of building pennits for the
Project, should the Developer be detennined by the City to be in breach of any of the terms of the
Tentative Map Conditions, this Agreement 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. Defend., indemnify and hold the City, its officers and it employees harmless
from any liability for erosion, siltation or increase flow of drainage resulting from this project.
60. Condition No. 146 - (Congestion Management Plan). In satisfaction of condition
No. 146 of the Resolution, the Developer agrees to'enter into an supplemental agreement with the
City prior to approval of the first final "B" Map, where the developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program
adopted by SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program or
facilities benefit district to finance the construction of regional facilities.
61. Condition No. 147 - (previous Agreements). In satisfaction of condition No. 147 of
the Resolution, the Developer agrees that prior to approval of each Final Map, the Developer shall
comply with all previous agreements as they pertain to this fmal map.
62. Condition No. 148 - (Street Sweeping). In satisfaction of condition No. 148 of the
Resolution, the Developer agrees that prior to approval of each fmal map for the Project, the
Developer shall contract with the City's current street sweeping franchisee, or other server approved
by the Director of Public Works to provide street sweeping for each phase of development on a
frequency and level of service comparable to that provided for similar areas of the City. Developer
further 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. Developer 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.
63. Condition No. 149 - (Regional Fee Program). In satisfaction of condition
No. 149 of the Resolution, the Developer agrees 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. Developer further agrees to not protest the formation of any potential
future regional benefit assessment district formed to finance regional facilities.
64. Condition No. 151- (Mello Roos District). In satisfaction of condition
No. 151 of the Resolution, the Developer agrees that no fmal "B" Maps may be recorded within
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Village Seven SPA area until such time that an annexable Mello Roos District, or some other
financing mechanism approved by the school district, to provide for the construction of needed
elementary, middle and high schools is established.
65. Condition No. 153 - (Utilities). In satisfaction of condition No. 153 oftbe
Resolution, the Developer agrees to construct and secure open space landscape improvements within
the map area. Developer acknowledges that all landscape improvements shall be secured in amounts
as determined by the Director of General Services and approved in form by the City Attorney.
66. Condition No. 155 - (Schools). In satisfaction of condition No. 155 ofthe
Resolution, the Developer agrees to deliver to the Chula Vista Elementary School District, Lot S-3 to
the satisfaction of the School District including utilities provided to the site and an all weather access
road acceptable to the District. Developer agrees that the all-weather access road shall also be
acceptable to the Fire Department and that this schedule is subject to modification by the School
District as based on District facility needs.
67. Condition No. 156 - (Schools). In satisfaction of condition No. 156 of the
Resolution, the Developer agrees to coordinate with the High School District the delivery of the High
School Site S-l as shown on the Tentative Map.
68. Condition No. 157 - (AQIP). In satisfaction of condition No. 157 of the
Resolution, the Developer agrees to implement the final Air Quality Improvement Plan (AQIP)
measures as approved by the City Council, and as may be amended from time to time, and to comply
and remain in compliance with the AQIP.
69. Condition No. 158 - (AQIP). In satisfaction of condition No. 158 ofthe
Resolution, the Developer acknowledges that the City Council may, from time-to-time, modify air
quality improvement and energy conservation measures as technologies and/or programs change or
become available. Developer agrees to modify the AQlP to incorporate those new measures upon
request of the City, which are in effect at the time, prior to or concurrent with each map approval
within the Project. Developer acknowledges that the new measures shall apply to development
within all future map areas, but shall not be retroactive to those areas, which receive final map
approval prior to effect of the subject new measures. Developer acknowledges and agrees that the
City has adopted the City of Chula Vista Air Quality Improvement Plan Guidelines (AQlP
Guidelines) as approved per Resolution No. 2003-260 and that such guidelines as approved and as
may be amended from time-to-time shall be implemented.
70. Condition No. 159 - (WCP). In satisfaction of condition No. 159 of the
Resolution, the Developer agrees to implement the [mal Water Conservation Plan (WCP) measures
as approved by the City Council, and as may be amended from time to time, and to comply and
remain in compliance with the WCP.
71.
Condition No. 160 - (WCP). In satisfaction of condition No. 160 of the
23
10-41
644~
Resolution, Developer acknowledges that the City Council may, from time-to-time, modify water
conservation measures as technologies and/or prograrriS change or become available. Developer
shall modify the WCP to incorporate those new measures upon request of the City, which are in
effect at the time, prior to or concurrent with each map approval within the Project. Developer
acknowledges that the new measures shall apply to development within all future map areas, but
shall not be retroactive to those areas, which receive final map approval prior to effect of the subject
new measures. The Developer acknowledges and agrees that the City has adopted the City of Chula
Vista Water Conservation Plan Guidelines (WCP Guidelines) as approved per ResolutionNo. 2003-
234 and that such guidelines as approved and as may be amended from time-to-time shall be
implemented
72. Condition No. 161-(Utilities). In satisfaction of condition No. 161 of the
Resolution, the Developer agrees to install all public facilities in accordance with the Village Seven
Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold
standards adopted by the City and that the City Engineer may modify the sequence of improvement
construction should conditions change to warrant such a revision. The Developer further agrees to
comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as
may be amended from time to time by the City. Developer acknowledges that said Chapter includes
but is not limited to Threshold Standards (l9.09.040) Public Facilities Plan Implementation
{I 9.09.090) and Threshold Compliance Procedures (19.09.100).
73. Condition No. 166 - (GMOC). In satisfaction of condition No. 166 of the
Resolution, the Developer agrees that pursuant to the provisions of the Growth Management
Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), and
as they may be amended from time to time, the Developer shall complete the following: (1) Fund a
fair share of the preparation of an annual report monitoring the development of the community of
Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public
facilities and services governed by the threshold standards. An annual review shall commence
following the first fiscal year in which residential occupancy occurs and is to be completed during
the second quarter of the following fiscal year. The annual report shall adhere to those guidelines
noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing
forecast identifying targeted submittal dates for future discretionary applications (SPA's and
tentative maps), projected construction dates, corresponding public facility needs per the adopted
threshold standards, and identifying fmancing options for necessary facilities.
74. Condition No. 167 - (Project Manger). In satisfaction of condition No.
167 of the Resolution, the Developer agrees to retain a project manager to coordinate the processing
of discretionary permit applications originating from the private sector and submitted to the City of
Chula Vista. Developer acknowledges that 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. Developer further agrees that project
manager shall have a well-rounded educational background and experience, including but not limited
to land use planning and architecture.
24
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6445
75. Condition No. 168 - (Permits). In satisfaction of condition No. 168 of the
Resolution, the Developer agrees that if Developer desires to do certain work on the property after
approval of the tentative map but prior to recordation of the applicable final "B" Map, they may do
so by obtaining the required approvals and permits from the City. Developer acknowledges that the
permits can be approved or denied by the City in accordance with the City's Municipal Code,
regulations and policies and said permits do not constitute a guarantee that subsequent submittals
(i.e., final "B" Map and improvement plans) will be approved. Developer acknowledges that all
work performed by the Developer prior to approval of the applicable "B" Map shall be at the
developers own risk and that prior to permit issuance, the Developer shall acknowledge in writing
that subsequent submittals (i.e., final "B" Map and improvement plans) may require extensive
changes, at developers cost, to work done under such early permit. Developer agrees to post a bond
or other security acceptable to the City in an amount determined by the City to guarantee the
rehabilitation of the land if the applicable final "B" Map does not record.
76. Condition No. 169 - (phasing). In satisfaction of condition No. 169 of the
Resolution, the Developer acknowledges that phasing approved with the SPA Plan may be amended
subject to approval by the Director of Planning and Building and the City Engineer and that the PFFP
shall be revised where necessary to reflect the revised phasing plan.
77. Condition No. 170 - (Phasing). In satisfaction of condition No. 170 ofllie
Resolution, the Developer agrees that if phasing is proposed within an individual map or through
multiple final maps, to shall submit and 0 btain approval for a development phasing plan by the City
Engineer and Director of Planning and Building prior to approval of any final map. Developer
agrees that the 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.
The City reserves the right to require said improvements, facilities and/or dedications as necessary to
provide adequate circulation and to meet the requirements of police and fire departments. The City
Engineer and Director of Planning and Building may, at their discretion, modify the sequence of
improvement construction should conditions change to warrant such a revision. Developer further
agrees that the City Engineer may change the timing of construction of the public facilities.
78. Condition No. 171- (PFFP). In satisfaction of condition No. 171 of the
Resolution, the Developer agrees that the Public Facility Finance Plan or revisions thereto shall be
adhered to for the SPA and tentative maps with improvements installed by Applicant in accordance
with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The
PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and
rate of development within and outside of the Project area. Throughout the build-out of Village
Seven SPA, actual development may differ from the assumptions contained in the PFFP. Neitherthe
PFFP nor any other Village Seven SP A Plan document grant the Applicant an entitlement to develop
as assumed in the PFFP, or limit the Village Seven SPA's facility improvement requirements to
those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on
actual development patterns and updated forecasts in reliance on changing entitlements and market
25
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644G
conditions, shall govern Village Seven SPA development patterns and the facility improvement
requirements to serve such development. In addition, the sequence in which improvements are
constructed shall correspond to any transportation phasing plan or amendment to the Growth
Management Program and Ordinance adopted by the City. 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.
79. Condition No. 173 - (Municipal Code). In satisfaction of condition No.
173 of the Resolution, the Developer agrees to comply with all applicable sections of the Chula Vista
Municipal Code and that preparation of the Final Map and all plans shall be in accordance with the
provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and
Subdivision Manual. Developer further agrees to underground all utilities within the subdivision in
accordance with Municipal Code requirements.
80. Condition No. 174 - (Fees). In satisfaction of condition No. 174 of the
Resolution, the Developer agrees to pay the following fees, as applicable, in accordance with the City
Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
a. Signal Participation Fees.
b. All applicable sewer fees, including but not limited to sewer connection fees.
c. Poggi Canyon Sewer DIF
d. Salt Creek Sewer Basin DlF.
Developer agrees to pay the amount of said fees in effect at the time of issuance of building permits.
81. Condition No. 175 - (Compliance). In satisfaction of condition No. 175 of the
Resolution, the Developer agrees to comply with all relevant Federal, State, and Local regulations,
including the Clean Water Act. The Developer acknowledges and agrees that Developer will be
responsible for providing all required testing and documentation to demonstrate said compliance as
required by the City Engineer.
82. Condition No. 176-(Notice of Special Taxes). In satisfaction of condition No. 1760f
the Resolution, the Developer agrees to ensure that prospective purchasers sign a "Notice of Special
Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and
assessments.
83. Condition No. 177 - (Compliance). In satisfaction of condition No. 177 of the
Resolution, the Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code
26
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6447
(Growth Management) as may be amended from time to time by the City. Said chapter includes butis
not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities fInance plan amendment procedures (19.09.100).
84. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction of Developer's obligation of Conditions: 1,2,3,4,5,7,8,9, 10, II, 12, 14, 16,
18,21,22,23,27,28,32,42,45,46,50,51,54,57,60,62,65,69, 70,83,87,88,89,91,93,95,96,
97,98,101,102,104,106,111,112,113, lIS, 121, 122, 123, 124, 131,132,135,136,145,146,147,
148,149, ISO, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 166, 167, 168,169,170,171,
173,174,175,176, and 177 of the Resolution. Developer further understands and agrees that some of
the provisions herein may be required to be performed or accomplished prior to the approval of other
[mal maps for the Project, as may be appropriate.
85. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that
Developer shall comply with all unfulfrlled conditions of approval of the Tentative Subdivision Map,
established by the Resolution and shall remain in compliance with and implement the terms,
conditions and provisions therein.
86. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously
with the recordation of the Final Maps.
87. Building Permits. Developer understands and agrees that the City may withhold the
issuance of building permits and all other permits for the entire Village Seven SPA project area,
should the Develop~r 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 reasonable time to cure said breach. Developer further acknowledges and agrees that the
City may withhold building permits within the Final Map as defIned herein if the required public
facilities for the Otay Ranch Village 7 SPA Plan, as defIned in the PFFP or as amended by the
Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to the
satisfaction of the City.
88. 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.
CITYOFCHULA VISTA
27
10-45
6448
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Public Works
McMillin Otay Ranch LLC
2727 Hoover Avenue
National City, CA 91950
Attn: Frank Zaidle
Fax (619) 336-3112
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 deftne, 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. Amendments to
this Agreement must be in writing and approved by the parties authorized representatively
d. Preparation of Agreement. No inference, assumption or presumption shall be
drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the preparation and/or drafting this
Agreement.
e. Assignablity. Upon request of the developer, any or all on-site duties and
obligations set forth herein may be assigned to developer's successor in interest if the City Manager
in 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.
f. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto ate
incorporated by reference into this Agreement.
g. Attorney's Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a
28
10-46
644~
judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred.
The "prevailing party" shall be deemed to be the party who is awarded substantially the relief
sought.
INEXT PAGE IS PAGE ONE OF SIGNATURE PAGESj
29
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6450
[pAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE MCMILLIN OTAY RANCH VILLAGE
SEVEN "A" MAP]
~
. Stephen . Padilla,
Mayor of the City ofChula Vista
Attest:
::.- ~J J A .~,,~
Susan Bigelow
City Clerk
Approved as to Form:
DATED:
~
,2005
[NEXT PAGE IS PAGE TWO OF SIGNA TURE PAGES]
30
10-48
6451.
[[PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE MCMILLIN OTAY RANCH VILLAGE
SEVEN"A"MAPj
DEVELOPERS/OWNERS:
McMillin Otay Ranch LLC,
A Delaware limited liability company
By: !'v1cMillin Companies LLC
Its: Managing Member
By:
t:/f/~
~~3.Jb
By:
Title: \f. .f.
(ATTACH NOTARY ACKNOWLEDGMENTS)
31
10-49
645~
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On February 24, 2005 ,before me, Ann M. Futo. Notary Public personally appeared
Frank Zaidle and Todd Galarneau, personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacities, and that by their signatures on the instrument the persons or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~ YY( oldu
l:; - - - - - - - - - - -
'~ ~.~ 1
j ;- ~ - - NOfarvPt.tllic: -Calllotnia f
J, ,- Sanlltego COunly -
- : _ ~:~~&~~2:~
Thisareaforol'fidalnotal1alse-al
Title of Document Supplemental Subdivisipn Improvement Aqreemenl for the McMillin Olav Ranch Villaqe
Seven "A" Mac
Date of Document
Other signatures not acknowledged
No. of Pages
NotaryForm-2
McMillin Compaoles
10-50
J-14531
6454
EXHIBIT "A"
MCMILLIN OTAY RANCH VILLAGE 7
THAT PORTION OF LOT 10 OF MCMILLIN OTAY RANCH VILLAGE 6, "A" MAP
ACCORDING TO THE MAP THEREOF NO. 14432 AND THAT PORTION OF LOT 23 OF
MAP NO. 862, ALL IN THE CITY OF CHULA VISTA, ON FILE IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CAUFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 10 BEING A POINT ON THE
SOUTHEASTERLY RIGHT-OF-WAY LINE OF BIRCH ROAD AS SHOWN ON MAP NO.
14432 AND THE BEGINNING OF A NON-TANGENT 3564.00 FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY, TO WHICH A RADIAL LINE BEARS SOUTH 08058'37"
EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT-
OF-WAY LINE THROUGH A CENTRAL ANGLE OF 23022'08" A DISTANCE OF 1453.62
FEET; THENCE NORTH 57039'16" EAST 262.20 FEET TO THE BEGINNING OF A
TANGENT 3636.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
03059'05" A DISTANCE OF 252.87 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE
SOUTH 28012'18" EAST 14.93 FEET TO THE BEGINNING OF A NON-TANGENT 185.77
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, TO WHICH A RADIAL LINE BEARS
NORTH 28045'54" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 10034'36" A DISTANCE OF 34.29 FEET TO THE
BEGINNING OF A NON-TANGENT 3568.47 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY TO WHICH A RADIAL LINE BEARS NORTH 18006'41" WEsr; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGEL OF
00037'27" A DISTANCE OF 38.87 FEET TO THE BEGINNING OF A REVERSE 276.25
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08058'29" A DISTANCE OF
43.27 FEET TO THE BEGINNING OF A NON-TANGENT 3608.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY TO WHICH A RADIAL LINE BEARS NORTH 26031'38"
WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 02038'03" A DISTANCE OF 165.88 FEET; THENCE SOUTH
22033'58" EAST 84.59 FEET; THENCE SOUTH 21046'46" EAST 75.25 FEET; THENCE
SOUTH 51048'56" EAST 22.35 FEET; THENCE SOUTH 19043'21" EAST 59.06 FEET;
THENCE SOUTH 64040'06" EAST 25.33 FEET; THENCE SOUTH 17045'13" EAST 99.75
FEET; THENCE SOUTH 16001'32" EAST 56.27 FEET; THENCE SOUTH 14046'32" EAST
63.84 FEET; THENCE SOUTH 13016'11" EAST 70.88 FEET; THENCE SOUTH 11050'46"
EAST 72.88 FEET; THENCE SOUTH 34011'12" WEsr 24.94 FEET; THENCE SOUTH
11 011 '32" EAST 47.97 FEET; THENCE SOUTH 20017'56" EAST 60.60 FEET; THENCE
Page 1 of 2
10-52
645S
SOUTH 12018'16" EAST 107.25 FEET; THENCE SOUTH 07057'30" EAST 13.03 FEET;
THENCE SOUTH 07053'35" EAST 226.23 FEET; THENCE SOUTH 02006'56" EAST 32.66
FEET; THENCE SOUTH 08001'46 EAST 26.70 FEET; THENCE SOUTH 07030'53" EAST
297.13 FEET; THENCE SOUTH 08005'59" EAST 82.78 FEET; THENCE SOUTH 04016'11"
EAST 38.99 FEET; THENCE SOUTH 09011'43" EAST 6.11 FEET; THENCE SOUTH
09031 '51" EAST 84.45 FEET; THENCE SOUTH 10027'35" EAST 100.51 FEET; THENCE
SOUTH 11034'29" EAST 83.87 FEET; THENCE SOUTH 12007'43" EAST 39.60 FEET;
THENCE SOUTH 13000'09" EAST 117.47 FEET; THENCE SOUTH 13053'19" EAST 45.83
FEET; THENCE SOUTH 14018'32" EAST 31.77 FEET; THENCE SOUTH 15008'18" EAST
127.52 FEET; THENCE SOUTH 16009'45" EAST 65.58 FEET; THENCE SOUTH 16050'41"
EAST 58.31 FEET; THENCE SOUTH 17033'16" EAST 76.92 FEET; THENCE SOUTH
17058'00" EAST 562.29 FEET; THENCE SOUTH 12040'30" EAST 94.11 FEET TO THE
BEGINNING OF A NON-TANGENT 532.84 FOOT RADIUS CURVE CONCAVE WESTERLY,
TO WHICH A RADIAL UNE BEARS NORTH 81010'20" EAST; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19045"51" A
DISTANCE OF 183.80 FEET; THENCE SOUTH 08055'04" WEST 337.09 FEET; THENCE
SOUTH 10008'45 WEST 63.22 FEET; THENCE NORTH 71057'56" EAST 0.17 FEET;
THENCE SOUTH 10014'05" WEST 389.71 FEET TO THE BEGINNING OF A TANGENT
590.55 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32019'04" A DISTANCE OF
333.10 FEET; THENCE SOUTH 68006'31" WEST 26.62 FEET; THENCE SOUTH 20005'27"
EAST 175.23 FEET TO THE BEGINNING OF A NON-TANGENT 6500.00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY, TO WHICH A RADIAL UNE BEARS NORTH
25005'44" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 02043'27" A DISTANCE OF 309.05 FEET; THENCE
SOUTH 62010'49" WEST 1153.82 FEET; THENCE NORTH 18039'52" WEST 1082.96
FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE NORTH 18039'52"
WEST 883.26 FEET; THENCE NORTH 00022'53" EAST 500.83 FEET; THENCE NORTH
89037'07" WEST 172.92 FEET; THENCE NORTH 18039'52" WEST 1961.82 FEET TO THE
POINT OF BEGINNING.
CONTAINING 194.239 ACRES MORE OR LESS.
J8I14531.013
~.-d.NNS
..-JAMES M. CORAM L.S. 5059
1/ .
Page 2 of 2
10-53
6456
McMillin EXHIBIT".\ 600 300 0
'W' Map Boundary Plat 0' o:;t;~ ~fo:'. \.~ LOT 0 SCALE 1"= 6~O'
jl.Oi rI~ \ \..\.. 144 ,~1.~15;j'l' " \ ..~ )..--'-
i jl. i~jl.]'\Or\o riO' 1lo6..$l~\ ~ .... \ .~ ------= "2Z3:J'51!"W r~"is~
, ~19ijl.'i r? ~'Q9;, !";.ili"" LOT B .. ~ ~ "Z1'46'46'. zz,J5'
i4!J\"'" rI 0 ~jr ",""" ,,5l'48'5(;'. 59JJ6'
~.\\..\..I,.jl.?; '-rtt'." LOT '8' "g4:J'?J';VI 25J3'
NID": " 1" \ '_00 1164'40'0 9915'
)'\ \ ~~~ N1T45'1YW SS9
\ .....~ ,iI16"OT3Z'W... 63.84"
\ '" Nl4'~;' ro~8'
/Il3'l VI rZfJl'
"1l'5O'~E 24.94'
~Z'. 41:;.60'
,,2tJfT5(;'. lOT 25'
",zt8'l5'. :J'
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\ 0 Lai 10
I MAP 14432
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"8'05'WW 38.99'
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"'~" rRW 117.
"'~'19'. 45~:J'
",:;5 32". 3117'
",4'18' '. l27S2'
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"'ou. 47'. 58.31'
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LOT
DETAIL
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~
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(R-6)
PARCEL 3
NO.
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LENGTH
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(R-6)
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LOT?
PAlIK
(p")
N89'J7'IJ7'W 17232'
<N89'Y'OllYO
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(S<J)
LOT 29
MAP 862
I
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LOT 28
MAP 862
COURSE TABLE
~\
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CURVE: TABLe
N 57'39' f6" f
N 28-'2' '8" W
N ,.5J'35" W
N 7'30'53" W
N 20'05'21" W
262.20
'4.93
226.23
297. '3
175.23
DEL fA RADIUS ARC
-----------------------------------
Cf 2-38'03" 3608.00 /65.88
C2 0-58'29" 276.25 4J.27
CJ 0'37'27" 3568.47 38.87
C4 10"34'36" 185.77 34.ZS
C5 J. 59' 05" 3636.00 252.87
C. 32- '9'04" 590.55 333. 10
C7 2-,tj'27" 6500.00 309.05
<9
!II.".~n'\....loIcI:I'_'r_""_pl....,...,..
"..._~!'Rr=!<.Sf_~\lo.<rt"Yl~V'....'==I'''''I'''''lf._"
"-"I'''-~~ 11.]9
10-54
645',
EXHIBIT "B"
SECURITY
CHULA VISTA TRACT NO. 05-07
MCMILLIN OTA Y RANCH VILLAGE SEVEN "A" MAP
Noise Barriers for Neighborhoods
R-6 and R-7
$162,630.00
21651 59
Landscape and lnigation for
McMillin Otay Ranch Village
Seven
$1,201,880.19
2165160
2165163
2165167
2165165
10-55
ATTACHMENT 4
City Clerk
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)
)
)
)
)
)
)
)
)
Above Space for Recorder's Use
OR-454F
RECORDING REQUEST BY:
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is
a conveyance to a public agency
of less than a fee interest for
which no cash consideration has
been paid or received.
FIRST AMENDED
MCMILLIN OTA Y RANCH VILLAGE SEVEN "A" MAP
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Amends Conditions 9)
This First Amendment to the Supplemental Subdivision Improvement Agreement for
McMillin Otay Ranch Village Seven "A" Map ("Agreement") is made this day of_,
2006, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for
recording purposes only) and McMillin Otay Ranch, LLC a Delaware Limited Liability
Company, ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals
constitute a part ofthis Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is within approved Tentative Subdivision Map Chula Vista Tract 05-
07, which project is commonly known as McMillin Otay Ranch Village Seven. For purposes of
this Agreement the term "Proj ect" shall also mean "Property".
B. Developer has applied for and the City has approved Tentative Subdivision Map
commonly referred to as Chula Vista Tract 05-07 ("Tentative Subdivision Map") for the
subdivision of the Property.
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C. The City has adopted Resolution No. 2004-331 ("Resolution") pursuant to which
it has approved the Tentative Subdivision Map subject to certain conditions as more particularly
described in the Resolution.
D. The Developer has entered into a Supplemental Subdivision Improvement
Agreement for McMillin Otay Ranch Village Seven "A" Map ("Original Agreement")
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as follows:
SECTION I. That Paragraph Section 10, (Condition No.9) of the Original Agreement is hereby
amended, in its entirety, to read as follows:
Condition No.9 - (General Preliminary). In partial satisfaction of Condition No.9 of
the Resolution, the Developer acknowledges and agrees that, in accordance with Addendum to
FEIR 04-06 and approved traffic report prepared by Linscott, Law & Greenspan ("LLG") dated
August 15, 2006, no more than 1000 building permits may be issued by the City within Otay
Ranch Village Seven prior to the construction of SR 125 between SR 54 and the International
Border. Notwithstanding the foregoing, the City may issue additional building permits if the City
Council, in its sole discretion, determines that each of the following conditions have been met:
(1) SR-125 is constructed and open betweenSR-54 and Olympic Parkway; and (2) traffic studies,
prepared to the satisfaction of the City Engineer and the City Council, demonstrate that the
opening of SR-125 to Olympic Parkway provides additional capacity to mitigate the project's
cumulatively significant traffic impacts to a level below significance without exceeding GMOC
traffic threshold standards. Alternatively, the City may issue building permits if the City
Council, in its sole discretion, has approved an alternative method to implement the City's
Growth Management Ordinance, as may be amended from time to time.
SECTION II. Except as expressly provided herein all other provisions of the Original
Agreement shall remain in full force and effect.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
2
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[PAGE ONE OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
MCMILLIN OTAY RANCH VILLAGE SEVEN "A" MAP]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor of the City ofChula Vista
Attest:
Susan Bigelow
City Clerk
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
3
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[PAGE TWO OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
MCMILLIN OT A Y RANCH VILLAGE SEVEN "A" MAP]
DEVELOPERS/OWNERS:
McMillin Otay Ranch, LLC
a Delaware Limited Liability Company
By: McMillin Companies LLC
Its Managing Member
By:
Title:
By:
Title:
(ATTACH NOTARY ACKNOWLEDGEMENTS)
4
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Exhibit "A"
Legal Description of Property
Lots I through 13 together with lots A through C of Chula Vista Tract No. 05-07, McMillin Otay
Ranch Village 7 "A" Map according to Map thereof No. 15014 filed in the Office of the County
Recorder of San Diego County, State of California on May 6th, 2005 as File No. 2005-0383257 of
Official Records.
J:\EngineerIAGENDAlAgreements\2006\Village 7-McMillin SSIA 1st Amendment_8-22-06.doc
10-60
City Clerk
15436
ATTACHMENT r; DOC # 2005-0835113
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SEP 27. 2005
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RECORDING REQUEST BY:
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bF,EbOR, ..1 'oMITH. COUNTY RECORDER
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P..:..GES; 55
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
I rBIJI DIIIIIIIIIIIIIIIJI 1111 IIIIIJI BIll III/IIJI DIll 1111 1111 Ilf III
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
2005-0835113
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Above Space for Recorder's Use
o~- 974 F
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE OT A Y RANCH VILLAGE SEVEN "A" MAP
(Conditions: 1,2,3,4,5,7,8,9,10, 11, 12,14, 16, 18,20,21,22,23,
26,28,29,30,31,40,44,48,50,51,52,54,57,59,62,66,67,80,
84,85,89,92,93,96,98,99,103,104,105,106, 108,114, 115,116,
117,120,124,125,128,129,137,138,139,141,142,143,144,145,
146,147,148,149,150,151,152,156,157,158,159,160, 161, 163,
164, 165, 166, and 167 (Resolution No. 2004-332)
This, Supplemental Subdivision Improvement Agreement ("Agreement") is made this/ 3'day
oC 1.,,1:,2005, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for
re~ purposes only) and the signators ofthis Agreement, Otay Project, LP, a California Limited
Liability Company, (referred to as "Developer"), with reference to the facts set forth below, which
recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part of Otay Ranch Village 7, a master planned development. For purposes of this
Agreement the term "project" shaH also mean "Property". Developer has applied for a fmal map for
the Property, more specifically known as Otay Ranch Village 7 "A" Map.
B. Developer and/or Developer's predecessor in interest has applied for and the City has
approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 05-09 ("Tentative
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154S-'
Subdivision Map") for the subdivision of the Property.
D. The City has adopted Resolution No. 2004-332 ("Resolution") on October 12, 2004, pursuant
to which it has approved a Tentative Subdivision Map subject to certain conditions as more
particularly described in the Resolution.
E. City is willing, on the premises, security, terms and conditions herein contained to approve
the fmal map of the property known as Otay Ranch Village Seven "A" Map ("Final Map") as being
in substantial conformance with the Tentative Subdivision Map described in this Agreement.
Developer understands that subsequent final maps may be subject to the same security, terms and
conditions contained herein.
F. The following defined terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
1. For the purposes of this Agreement, "Final Map" means the fmal map for Otay
Ranch Village Seven "A" Map.
2. "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
assignors of any property within the boundaries of the map. This includes Otay Project, LP and any
and all owners of rea I property within the boundaries of the Property, and all signatories to this
Agreement
3. "Guest Builder" means those entities obtaining any interest in the Property or a
portion of the Property, after the Final Map has been recorded.
4. "PFFP" means the Otay Ranch Village Seven SPA Plan Public Facilities
Finance Plan adopted by Resolution No. 2004-330 as may be amended from time to time.
5. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2,
approved by the City Council on June 4,1996, as maybe amended from time to time.
6. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with
the duties and responsibilities described therein.
7. "Village Seven SPA" means the Village Seven Sectional Planning Area Plan
as adopted by the City Council on October 12, 2004 pursuant to Resolution No. 2004-330.
8. "Addendum" means the Addendum to the Final Second-Tier Environmentallmpact
Report 04-06 considered by City Council on March 8,2005.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
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contained, the parties agree as set forth below.
1. Performance Obligation. Olay Project LP, signator to this Agreement, represents
to the City that it is acting as the master developer for this Project and expressly assumes
performance of the all obligations of this Agreement. Notwithstanding the foregoing, all parties to
this agreement acknowledge and agree that all such obligations remain a covenant running with the
land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good
faith effort to execute on bonds securing the obligations contained herein to the extent necessary to
complete any unfulfilled obligations of the master developer.
2. 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 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. Developer must
obtain the written consent of the City to such release. Such assignment to the guest builder shall,
however, be subject to this Agreement and the Burden ofthis 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 ofthe 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 Assiguees. 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 Agreementto the satisfaction ofthe City and
such partial release will not, in the sole discretion of the City, jeopardize the likelihood that the
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remainder of the Burden will not be completed.
e. Release ofIndividual Lots. Upon the occurrence of any of the following events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) from Developer's obligation under this Agreement
i. The execution of a purchase agreement for the sale of a residential lot to a
buyer of an individual housing unit;
11. The conveyance of a lot to a Homeowner's Association.
The City shall not withhold its consent to such release so long as the City finds in good faith that
such release will not j eopardize 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, i) at the close of an individual homeowner's escrow, or ii)
conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such
lot or parcel shall be automatically released from the encumbrance hereof.
3. Condition No.1 - (General Preliminary) In satisfaction of Condition No. I of the
Resolution, Developer hereby agrees that all ofthe terms, covenants and conditions contained within
the Resolution 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. Unless specifically provided
otherwise, nothing in this Agreement shall modify amend or waive the Resolution or any of the
terms, conditions or covenants therein.
4. Condition No.2 - (General Preliminary). 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 Vista Design Manual; Otay Ranch General Development Plan, Otay Ranch Resource
Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall
Design Plan; Village Seven Sectional Planning Area (SPA) and Tentative Maps (TMs), Final
Second-Tier Environmental Impact Report (Final EIR 04-06) and associated Mitigation Monitoring
and Reporting Program (MMRP) and its Addendum; Otay Ranch Village Seven Sectional Planning
Area (SPA) Plan and supporting documents including: Public Facilities Finance Plan (PFFP); Parks,
Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan, Air Quality Improvement
Plan (AQIP), Water Conservation Plan (WCP); 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
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modifications shall be subject to approval by the City Council.
5. Condition No.3 - (General Preliminary). In satisfaction of Condition No.3 of the
Resolution, Developer hereby agrees that if any of the teons, 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 teons, 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 the conditions or
seek damages for their violation. City shall notifY Developer 10 days prior to any of the above
actions being taken by the City and Developer shall be given the opportunity to remedy any
deficiencies identified by the City within 10 calendar days of the date of the notice.
6. Condition No.4 - (General Preliminary). In satisfaction of Condition No.4 of the
Resolution, Developer hereby agrees to defend, indemnify, protect, 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.
7. Condition No.5 (General Preliminary). In satisfaction of Condition No.5 of the
Resolution, the Developer agrees to comply with all applicable Village Seven SPA conditions of
approval, (PCM 04-05) as may be amended from time to time.
8. Condition No.7 (General Preliminary). In satisfaction of Condition No.7 of the
Resolution, the Developer agrees that any and all agreements that the Developer is required to enter
in hereunder shall be in a form approved by the City Attorney.
9. Condition No. 8- (General Preliminary). In partial satisfaction of Condition No.8
of the Resolution, the Developer agrees to provide funds to the Reserve Fund as required by the
Reserve Fund Program. Developer further agrees, pursuant to the provisions of the Growth
Management Ordinance and the Otay Ranch General Development Plan (GDP), to participate in the
funding of the preparation of an annual report monitoring the development of the community ofOlay
Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and
services governed by the threshold standards. Developer further agrees that an annual review shall
commence following the first fiscal year in which residential occupancy occurs in the Project and is
to be completed during the second quarter of the following fiscal year. Developer further agrees that
the annual report shall adhere to those guidelines noted on page 353, Section D ofthe GDP/SRP.
10. Condition No.9 - (General Preliminary). In satisfaction of Condition No.9 of the
Resolution, the Developer acknowledges and agrees that, in accordance with Addendwn to FEIR 04-
06, no more than 400 building permits may be issued by the City within Village 7 prior to the
completion ofSRI25 to the International Border. Notwithstanding the foregoing, the City may issue
additional building permits if the City Council, in its sole discretion, determines that each of the
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following conditions have been met: 1) SR125 is constructed and open between SR54 and Olympic
Parkway; and 2) traffic studies, prepared to the satisfaction of the City Engineer and the City
Council, demonstrate that the opening ofSR125 to Olympic Parkway provides additional capacity to
mitigate the project's cumulatively significant traffic impacts to a level below significance without
exceeding GMOC traffic threshold standards. Alternatively, the City may issue building permits if
the City Council, in it's sole discretion, has approved an alternative method to implement the City's
Growth Management Ordinance, as may be amended from time to time.
11. Condition No. 10 - (General Preliminary). In satisfaction of condition No. 10 of
the Resolution, the Developer 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"), to the satisfaction of the Director of Planning and
Building.
12. Condition No. 11 - (Environmental). In satisfaction of condition No. 11 of the
Resolution, the Developer agrees shall implement, to the satisfaction oftbe Director of Planning and
Building and Environmental Review Coordinator, all environmental impact mitigation measures
identified in Final EIR 04-06 (SCH#2003111 050), the candidate CEQA Findings and MMRP for this
Project.
13. Condition No. 12 - (Compliance). In satisfaction of condition No. 12 of the
Resolution, the Developer 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. Developer further agrees that
prior to any activity that may potentiaIly impact biological resources, such as clearing and grubbing, the
Developer shall comply with all applicable requirements prescribed in the Otay Ranch Village Seven
Second-Tier Environmental Impact Report (EIR 04-06)(SCH#2003111 050), and MMRP.
14. Condition No. 14 - (Preserve Conveyance). In satisfaction of condition No. 14 of
the Resolution, the Developer agrees that prior to the approval of each fmal "B" map for the Project,
the Developer shall comply with all requirements and policies of the Otay Ranch Resource
Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase
2 Resource Management Plan (RMP2) and "Preserve Conveyance Schedule," as approved by City
Council on June 4, 1996, and as may be amended from time to time by the City
15. Condition No. 16 - (POM). In satisfaction of condition No. 16 of the Resolution,
the Developer agrees that simultaneously with conveyance ofland to the Preserve Owner/Manager
(POM) in fee title or by easement, the Developer shall cease all cattle grazing on the land to be
conveyed. In addition, the Developer agrees to ensure through the maintenance of existing fencing
or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City,
that cattle from adjacent areas cannot access the land being conveyed. Developer further agrees to
comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction
of the Director of Planning and Building.
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15442
16. Condition No. 18 - (POM). In satisfaction of Condition No. 18, the Developer
agrees as follows:
a. The Developer is currently in compliance with the particular acreage conveyance
obligation of Otay Ranch Village 7 at a rate of 1.188 acres of conveyance per acre of area within the
Final Map as of the date of this Agreement. But such obligation may be subject to change in
accordance with paragraph c below. Any remaining amoWlt shall be credited towards any future
map obligations.
b. That such dedicated property shall be granted in fee title to the City and COWlty of
San Diego as joint tenants and subject to the approval of the Preserve OwnerlManager. Should the
Preserve OwnerlManager not approve this conveyance, Developer agrees to convey equivalent real
property that complies with this provision.
c. That Developer shall convey additional real property, if necessary, in order to
comply with the conveyance formula described in RMP 2, as may be amended by City. Developer
acknowledges that the amended RMP 2 may contain a conveyance formula greater than 1.188 acres
per developable acre.
d. That all land to be conveyed as described above shall be free and clear of
liens and encumbrances except for easements for existing public infrastructure and other easements
approved by the City or for planned public infrastructure as permitted in the RMP, Phase 2.
Developer further agrees to pay all taxes and assessments as they came due as to the land to be
conveyed until title has legally transferred to the City and County of San Diego.
e. Developer acknowledges that property within the boWldaries of the "AU Map
which will be the subject of future final maps may have conveyance obligations to fulfill for all
development areas, including applicable streets, open space lots, paseos, pedestrian parks and slope
areas shown on the "AU Map.
17. Condition No. 20 - (Acoustic Study). In satisfaction of condition No. 20,
Developer agrees that accordance with mitigation measure 4.4-1 of Final EIR 04-06 and associated
MMRP, an acoustical study confirming wall geometries and conformance with the City's noise
threshold for residential units along Birch Road and La Media Road shall be approved by the
Environmental Review Coordinator prior to grading permit. A noise banierplan shall be prepared in
conformance with the aforementioned study as well as the noise analysis contained in EIR 04-06 and
the associated MMRP. The noise banier plan shall be submitted for review and receive approval by
the Director of Planning and Building, Environmental Review Coordinator, Director of Public
Works and Director of General Services prior to issuance ofthe first grading permit for the Project.
This noise banier plan shall be incorporated into the wall and fence plan, a component of the
Landscape Master Plan. Should Developer request modification of the approved wall and fence
plans, Developer shall provide additional acoustical analysis if required by the Director of Planning
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15443
and Building and Environmental Review Coordinator. Noise barriers shall be constructed within
dedicated open space lots and shall not be constructed on private property unless a MHOA is formed
to maintain sound barriers to the satisfaction of the Director of Public Works and the Environmental
Review Coordinator.
18. Condition Nos. 21 - (Noise Barriers). In partial satisfaction of condition No. 21
and satisfaction of condition No. 22 of the Resolution, the Developer agrees that unless required
noise barriers are constructed, no building permits shall be issued for those lots within the noise
contour of 65 CNEL or greater as described in the Acoustical Study required by mitigation measure
4.4.1 and the Acoustical Impact Analysis by Giroux & Associates, dated June 1, 2004 and the Noise
Technical Report for Otay Ranch Village Seven by RECON, dated February 23, 2004, unless earlier
modified by agreement with the City ofChula Vista, CTV or its successor in interest, and Developer.
Developer further agrees that all noise barrier design and construction adjacent to SR-125 shall be
coordinated with the City of Chula Vista.
19. Condition No. 22 - (Coordination). In satisfaction of condition No. 22 of the
Resolution, the Developer agrees to make a good-faith effort to coordinate development and
implementation of the Village Seven SPA Plan Area with all other developers within Village Seven
including phasing, grading, improvements and dedication ofright-of-way.
20. Condition No. 23 - (Final "8" Maps). In satisfaction of condition No. 23 of the
Resolution, the Developer agrees that subsequent "B" Maps shall be in substantial conformance with
the approved final "A" Map. Unless otherwise specified, all conditions and code requirements listed
below shall be fully completed to the City's reasonable satisfaction prior to approval of the first Final
"B"Map.
21. Condition No. 26 - (Oversizing). In satisfaction of condition No. 26 of the
Resolution, the Developer agrees that in the event of a filing of a [mal 'B' Map which requires
oversizing of the improvements necessary to serve other properties within the Project, the final map
shall be required to install all necessary improvements to serve the project plus the necessary
oversizing offacilities required to serve such other properties (in accordance with the restrictions of .
state law and City ordinances).
22. Condition No. 28 - (Signage). In satisfaction of condition No. 28 of the Resolution,
the Developer agrees that prior to issuance of the first building pennit, Developer shall submit for
review and approval a sign program to the Director of Planning and Building and shall post
temporary signs on all neighborhoods within the Project indicating the future land use(s) for the sites
with signage consistent with the sign program. Developer acknowledges that temporary signs shall
be maintained in place until such time as a project is approved for any such future land use site.
23. Condition No. 29 - (Slopes). In satisfaction of condition No. 29 of the Resolution, in
addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately
maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their
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appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet of slope area, one
I-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover.
Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape
and irrigation plans for private slopes shall be reviewed and approved by the Director of Planning
and Building prior to approval of the corresponding final map.
24. Condition No. 30 - (parkways). In satisfaction of condition No. 30 of the Resolution,
street parkways shall be no less than 7.5 feet in width for the planting area, except as approved by the
City Engineer. The Developer shall plant trees within the parkways which have been selected from
the list of appropriate tree species described in the Village Seven Design Plan, Village Seven SPA
Plan and Landscape Master Plan and shall be approved by the Directors of Planning and Building,
General Services and Public Works. The Developer shall provide root barriers and deep watering
irrigation systems for the trees, as approved by the Director of General Services and the Director of
Public Works.
25. Condition No. 31 - (Street Trees). In partial satisfaction of condition No. 31 of the
Resolution, the Developer agrees:
a. To install all street trees in accordance with Section 18.28.10 of the Chula
Vista Municipal Code;
b. That all street trees shall be planted in parkways, or as otherwise approved by
the Director of Planning and Building;
c. That street trees, which have been selected from the revised list of appropriate
tree species described in the Village Seven Design Plan, Village Seven SPA Plan, Fire Protection
Plan and Landscape Master Plan, shall be approved by the Director of Planning and Building and the
Director of Public Works;
d. That prior to the installation of any dry utilities, including by not limited to
cable, telephone, gas or electric lines, Developer agrees to complete preliminary street improvement
plans that show the locations of all future street trees;
e. All street tree improvement plans shall be subject to the review and approval
of the Director of General Services and the Director of Planning and Building;
f. That prior to any utility installation, wood stakes shall be placed and
maintained in the locations as shown on approved landscape plans and that such stakes shall remain
in place until all dry utilities are installed;
g. That the wood stakes shall be painted a bright color and labeled as future
street tree location;
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h. To provide the City documentation, acceptable by the Director Of General
Services and the Director of Planning and Building, that all utility companies have been given notice
that no dry utility line shall be located within five feet of the wood stake in any direction; and
i. To maintain street tree identification stakes in a location as shown on
approved plans until all dry utilities are in place.
26. Condition No. 40 - (PFDIF). In satisfaction of condition No. 40 of the Resolution,
the Developer agrees to participate in the funding of revisions of the Public Facilities Development
Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the
City Manager or his designee and subject to the approval of the City Council.
27. Condition No. 44 - (FIre Hydrants). In satisfaction of condition No. 44 of the
Resolution, the Developer agrees that depending on the location of improvements such as cul-de-
sacs, alleys, driveways or when special circumstances exist in a subdivision design, as determined by
the Fire Marshal, the Developer shall install additional fire hydrants upon request and to the
satisfaction of the Fire Department.
28. Condition No. 48 - (Transit). In satisfaction of condition No. 48 of the Resolution, the
Developer agrees:
a. Fund and install Chula Vista transit facilities within the tentative map boundary
when directed by the Director of Public Works. The improvement plans for the stops shall be prepared
in accordance with the transit stop details described in the Village Seven Design Plan and Village
Seven PFFP and as approved by the Directors of Planning and Building and Director of Public Works;
b. Not protest the formation of any future regional benefit assessment district to
finance the MTDB San Diego Trolley LRT, BRT, or other transit system; and
29. Condition No. 50- (ADA). In satisfaction of condition No. 50 of the Resolution, the
developer shall construct sidewalks and construct pedestrian ramps on all waIkways to meet applicable
"Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the
Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the
standards and approvals contained herein, all such approvals conflicting with those standards shall be
updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may
be considered vested, as determined by Federal regulations, after construction has commenced.
30. Condition No. 51 - (Private Utilities). In satisfaction of condition No. 51 of the
Resolution, the Developer shall not install privately owned water, reclaimed water, or other utilities
crossing any public street. Developer acknowledges 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:
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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,
Ill. Mark out any private facilities owned by the developer whenever
work is performed in the area; and,
iv. The terms of this agreement shall be binding upon the successors and
assigns of the developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets.
31. Condition No. 52 - (Street Names). In satisfaction of condition No. 52 of the
Resolution, street names shall be as on the approved tentative map, or as otherwise approved by the
Director of Planning and Building and City Engineer.
32. Condition No. 54 - (Street Name Signs). In satisfaction of condition No. 54 of the
Resolution, the Developer agrees that prior to approval of each final map for the Project, Developer
shall agree to install permanent street name signs, and shall install such signs prior to the issuance of
the first building permit for production homes for the applicable final map.
33. Condition No. 57 - (Drainage Maintenance). In satisfaction of condition No. 57 of
the Resolution, the Developer shall provide drainage improvements in accordance with the Master
Drainage Study for Otay Ranch Village Seven, dated May 20, 2004, and the Rough Grading Hydrology
Study dated July 19, 2005. Developer agrees to maintain all such drainage improvements until the City,
an applicable maintenance district, or other mechanism as approved by the City formally accepts the
improvements for maintenance. The maintenance shall ensure that drainage facilities will continue to
operate as designed. The Developer further agrees to maintain, or cause to be maintained, the Receiving
Waters of the United States of America described in the Regional Water Quality Control Board
(R WQCB) 401 Water Quality Certification (401 Certification) for the project and contained within Lot
"B" of the Final map in accordance with the objectives ofthe Water Quality and Stream Morphology
Plan required by the 401 Certification, until the City accepts the Receiving Waters for maintenance by
the Village 7 open space maintenance district, or other entity approved by the City and the R WQCB.
The developer further acknowledges and agrees that the acceptance of the Receiving Waters by the City
shall be at the sole discretion of the City.
34. Condition No. 59 - (Encroachment). In satisfaction of condition No. 59 of the
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Resolution, the Developer agrees storm drain systems that collect water from private property shall be
designated private on grading and drainage and/or improvement plans to the point of connection with a
public system or to the point at which storm water that is collected from public street right-of-way,
public park or open space areas is tITst introduced into the system. Developer agrees that downstream
from that point, the storm drain system shall be public and an encroachment permit shall be processed
and approved by the City for private storm drains within the public right-of-way or within C.Y.D.
maintained Open Space lots.
35. Condition No. 62 - (Drainage Conformance). In satisfaction of condition No. 62 of
the Resolution, the Developer agrees that all storm drain design shall conform to the requirements of
the Subdivision Manual and the Grading Ordinance as may be amended from time to time.
36. Condition No. 66- (Easements). In satisfaction of condition No. 66 of the Resolution,
the Developer agrees to grant on the appropriate final "B" map a IS-foot minimum drainage and access
easement for public storm drain lines located between residential units unless otherwise directed by the
City Engineer.
37. Condition No. 67 - (NPDES). In satisfaction of condition No. 67 of the Resolution,
the Developer agrees that the development of the subdivision shall 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.P D.E.S.) permit requirements for urban runoff
and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the
N.P.D.E.S. regulations or requirements. Further, the Developer shall file a Notice of Intent with the
State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for
Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water
Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The
SWPPP shall include both construction and post construction pollution prevention and pollution
control measures and shall identify funding mechanisms for post construction control measures. The
Developer, and successors in interest, shall comply with all the provisions of the NPDES 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 comply with the City of Chula Vista Development and
Redevelopment Projects Storm Water Management Standards Requirements Manual (Storm Water
Management Standards Manual) and shall design the Project's storm drains and other drainage facilities
to include Best Management Practices (BMPs) to minimize non-point source pollution, satisfactory to
the City Engineer.
38. Condition No. 80 - (Monitoring Program). In satisfaction of condition No. 80 of the
Resolution, the Developer agrees to participate and shall thereafter participate in any necessary funding
for implementing a Poggi Canyon sewer trunk monitoring program, as determined by the City
Engineer. Developer agrees that the sewer trunk monitoring program shall include an analysis of the
remaining capacity of the Poggi CanyonlDate-Faivre sewer system and that such analysis shall
demonstrate to the satisfaction of the City Engineer that sufficient capacity exists for the number of
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EDUs contained in all final maps forthe Project submitted to the City pursuant to the limits set forth in
the PFFP. Developer further agrees that the analysis shaU include aU flows, including pwnped flows,
entering the Poggi Canyon Trunk Sewer, not just from Village Seven., or from within the Poggi Canyon
gravity basin. This requirement shall remain in effect until completion of the Rock Mountain Road
Trunk Sewer project and transfer of the interim Poggi Canyon sewer flows to the Rock Mountain
sewer.
39. Condition No. 84 - (poggi Canyon Sewer DIF). In satisfaction of condition No. 84 of
the Resolution, the Developer agrees that prior to issuance of any building permit for equivalent
dwelling units (EDU's) I through 10S in Project, the Poggi Canyon Gravity Sewer DIF in effect at the
time of issuance shall be applied to each building permit. After issuance of the 10Sth EDU the Salt
Creek Interceptor DIP in effect at the time of issuance shall be applied to each building permit,
regardless of which sewer basin the unit is located.
40. Condition No. 8S - (parks). In satisfaction of condition No. 8S of the Resolution, the
Developer agrees that the Village Seven Project shall satisfy the requirements of the Parkland
Dedication Ordinance (POO) pursuant to Chula Vista Municipal Code Chapter 17.10. The ordinance
establishes a requirement that the project provide 3 acres oflocal parks and related improvements per
1,000 residents. Local parks are comprised of community parks and neighborhood parks. The
Project's Neighborhood Park portion of the local park requirement shall be satisfied through the
dedication of parkland and the payment ofP AD fees that enable the provision ofa 7.0 net useable-acre
Neighborhood Park (P-I). The remaining requirement shall be satisfied in a future Community Park
through the payment offees, dedication ofland, or a combination thereofin a manner acceptable to the
Director of General Services. Common useable open space (CUQS) shall not receive park credit.
41. Conditions No. 89 - (Landscape and Irrigation)_ In satisfaction of condition No. 89
of the Resolution, the Developer, prior to the issuance of each grading permit for the Project shall
prepare, submit, and secure to the satisfaction ofthe Director of Planning & Building all landscape
and irrigation slope erosion control plans. All plans shall be prepared in accordance with the current
Chula Vista Landscape Manual and Grading Ordinance, as may be amended from time to time.
Developer shall install landscape and irrigation slope erosion control in accordance with approved
plans no later than six months from the date of issuance of the grading permit. lfthe work cannot be
completed within the specified time, the Developer may request an extension, which may be granted
at the discretion of the Director of Planning & Building. Such a request shall be submitted for
approval in writing to the Planning & Building Department sufficiently in advance of the end of the
six-month timeframe to aUow processing of the extension. Notwithstanding the time ofinstallation of
landscape, and irrigation slope erosion control, Developer shall remain in compliance with NPDES
42. Condition No. 92 - (Walls). In satisfaction of condition No. 92 of the Resolution, the
Developer agrees that prior to constructing a solid masonry, view wall or like wall which will adjoin
a wall constructed by a different developer, a transition wall plan shall be submitted to the City and is
subject to the approval of the Director of Planning and Building. Developer further agrees to work
together with other developers of Village Seven to the satisfaction of the Director of Planning and
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Building in order to construct transitions between adjoining walls
43. Condition No. 93 - (Landscape and Irrigation Plans). In satisfuctionofcondition
No. 93 of the Resolution, the Developer agrees that prior to the issuance of each street construction
pennit for the Project, the Developer shall prepare and secure, to the satisfaction of the City
Engineer and the Director of General Services, street improvement Landscape & Irrigation Plans.
All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the
Village Seven SPA Plan, as may be amended from time to time. Developer shall install all
improvements in accordance with approved plans to the satisfaction of the Director of General
Services and the City Engineer.
44. Condition No. 96 - (Trails Transition). In satisfaction of condition No. 96 of the
Resolution, the Developer agrees that when trails extend to the property limits and are intended to
continue into an adjacent property, Developer(s) agree(s) to coordinate alignments, trail and fencing
materials and construction methods so as to provide a seamless transition from one ownership to
another.
45. Conditions No. 98 - (Regional Trails). In satisfaction of condition No. 98 of the
Resolution, the Developer agrees with the construction of the Wolf Canyon channel and Detention
Basins, construct a "Regional Trail" along the south side of the channel and basin from Magdalena
Avenue to La Media Road as depicted on the Parks, Trails and Open Space Plan in the Village
Seven SPA Plan, which shall be designed to incorporate the Project's Landscape Master Plan as
approved by the City and as may be amended from time to time. The regional trail design shall be
suitable for H-20 loading.
46. Condition No. 99 - (Regional Trails). In satisfaction of condition No. 99 of the
Resolution, the Developer shall, concurrent with the construction of La Media Road improvements,
construct a "Regional Trail" along the east side of the street from Wolf Canyon to Santa Luna Street
as depicted on the Parks, Trails and Open Space Plan in the Village Seven SPA Plan, and shall be
designed to incorporate the Project's Landscape Master Plan as approved by the City and as may be
amended from time to time.
47. Condition No.t03 - (Access). In satisfaction of condition No. 103 of the Resolution,
the Developer agrees to comply with the current Regulatory Negotiation Committee
Recommendations for Accessibility Guidelines: Outdoor Developed Areas Pinal Report, as maybe
amended from time to time, developed for u.S. Architectural and Transportation Barriers
Compliance Board when designing all trails and trail connections.
48. Condition No.t04 - (Regional Trails). In satisfaction of condition No. 104 of the
Resolution, the Developer agrees to, concurrent with the grading and improvement of Santa Luna
Street, shall design, grade and implement the construction of a 10' wide regional trail along Santa
Luna Street in conformance with the Trails Plan in the Village Seven SPA Plan as approved by the
City to the satisfaction of the Director of General Services.
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49. Condition No. 105 - (CFD). In satisfaction of condition No. 105 of the Resolution,
the Developer agrees that in the event Developer wishes to request the formation 0 f a Maintenance
District or similar funding mechanism, the Developer sball submit an application packet for
formation of a Community Facilities District (CFD), and submit the request for CFD formation to
the City Council for consideration. Developer acknowledges that the CFD shall be formed prior to
approval of the fIrst "B" map for the Project and subject to the approval of the Director of Public
Works. Developer agrees to submit a list of amenities, acreage and costs for all Open Space District
lots including but not limited to the cost of any detention basin maintenance and structura1 storm
water quality BMP's within the Project. Developer agrees to maintain the open space improvements
for a minimum period of one year or until such time as accepted into the open space district by the
Director of Public Works. Developer acknowledges that if Council does not approve the CFD
formation, another fInancing mechanism such as a Master Homeowners Association, or an
endowment sball be established and submitted to the City Council for consideration prior to
approval of the fIrst map Along with submission of the application package for formation of the
CFD, Developer further agrees to submit an initial cash deposit in an amount to be determined by
the City Engineer to begin the process of formation of the Open Space District Developer
acknowledges that all costs of formation and other costs associated with the processing of the open
space relating to this Project shall be bome by the Developer and shall provide all the necessary
information and materials (e. g., tables, diagrams, etc.) required by the City Engineer for processing
the formation of the proposed open space district.
50. Condition No. 106 - (CC&Rs). In satisfaction of condition No. 106 of the
Resolution, the Developer agrees that prior to the approval of the fIrst fmal "B" Map, the
developer shall:
a. Submit evidence, acceptable to the City Engineer and the Director of
Planning and Building of the formation ofa Master Homeowner's Association (MHOA), or
another financial mechanism acceptable to the City Manager. The MHOA shall be responsible
for the maintenance of those landscaping improvements that are not to be included in the
proposed fInancial mechanism. The City Engineer and the Director of Planning and Building
may require that some of those improvements shall be maintained by the Open Space District.
. The final determination of which improvements are to be included in the Open Space District
and those to be maintained by the MHOA shall be made during the Open Space District
Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas
in the event the City Engineer and Director of Planning and Building require such annexation
of future tentative map areas. The MHOA formation documents shall be subject to the
approval of the City Attorney; and,
b. The developer shall submit for City's approval the CC&Rs, grant of
easements and maintenance standards and responsibility of the MHOAs for the open space
areas within the Project area. Developer shall acknowledge that the MHOAs maintenance of
public open space, trails, parkways, and like areas may expose the City to liability.
Developer agrees to establish a MHOA that will hold the City harmless from any actions of
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the MHOA in the maintenance of such areas; and,
c. Submit and obtain approval of the City Engineer and the Director of
Planning and Building of a list of all Otay Ranch Village Seven SPA and l'vfHOA facilities and
other items to be maintained by the proposed district. Separate lists shall be submitted for the
improvements and facilities to be maintained by the Open Space District and those to be
maintained by a Master Homeowner's Association. Include a description, quantity and cost per
year for the perpetual maintenance of the improvements. These lists shall include but are not
limited to the following facilities and improvements:
I. All facilities located on open space lots to include but not be
limited to: walls, fences, water fountains, lighting structures, paths,
trails, access roads, drainage structures and landscaping. Each
open space lot shall also be broken down by the number of acres
of: 1) turf, 2) irrigated, and 3) non-irrigated open space to aid in the
estimation of a maintenance budget thereof.
ii. The proportional share of medians and parkways along La Media
Road, Magdalena Avenue and Birch Road (onsite and off site) and
all other street parkways proposed for maintenance by the
applicable Community Facilities District or Homeowners'
Association.
lll. The detention basin located in Wolf Canyon.
iv. All storm-water quality structural BMP's serving the Project.
51. Condition No. 108 - (CC&Rs). In satisfaction of condition No. 108 of the
Resolution, the Developer agrees that prior to the approval of each Final "B" Map, Declaration or
Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R' s) shall be submitted
and subject to the approval of the City Engineer. Developers further agrees that the CC&R's shall
include the following obligations of the Master Homeowners Association:
a. A requirement that the MHOA shall maintain comprehensive general liability
insurance against liability incident to ownership or use of the following areas:
I. All open space lots that shall remain private,
ii. Other Master Association property.
b: Before any revisions to provisions of the CC&R's that may particularly affect
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the City can become effective, the revisions shall be approved by the City. The MHOA shall not
seek approval from the City of the revisions without the prior consent of 100 percent of the
holders of first mortgages or property owners within the MHOA.
c. The MHOA shall defend, indemnifY and hold harmless the City and its agents,
officers and employee 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.
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 CC&R provisions setting forth restrictions in these Tentative map
conditions may not be revised at any time without prior written permission of the City.
k. The MHOA shall not dedicate or convey for public streets, land used for
private streets without approval of! 00% of all the HOA members or holder oflirst mortgages within
the MHOA.
1. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's
shall also include language which states that any proposal by the HOA to allow "speed bumps" in the
future shall require prior written approval of 100% of all the Homeowners Association members.
52. Condition No. 114 - (Protest Formation). In satisfaction of condition No. 114 of the
Resolution, the Developer agrees to not protest formation or inclusion in a maintenance district or zone
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for the maintenance oflandscaped medians and scenic corridors along streets within or adjacent to the
subject subdivision. .
53. Condition No. U5 ~ (parkways). In satisfaction of condition No. 115 of the
Resolution, the Developer acknowledges that street parkways within the Project shall be maintained
by an entity such as a Master Home Owner's Association (MHOA) or a Community Facilities District
(CFD) and that private homeowners shall not maintain the parkways. Developer agrees that street
parkways shall be designated as recycled water use areas, if approved by the Otay Water District and
San Diego County Department of Environmental Health.
54. Condition No. 116 - (Landscape and Irrigation). In satisfaction of condition No.
116 of the Resolution, the Developer has paid cash deposit with the City which will guarantee the
maintenance of the L&I improvements until the City accepts the improvements. Developer
acknowledges that in the event the improvements are not maintained to City standards as determined
by the City Engineer and the Director General Services, the deposit shall be used to perform the
maintenance and 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 agrees that any unused portion of the deposit may be
incorporated into the CFD's Reserve Account, or returned to the Developer, according to the
following:
a. If, 6 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 General Services
55. Condition No.U7 - (Bond Indebtedness). In satisfaction of condition No. 117 of the
Resolution, the Developer agrees that prior to City acceptance of any open space lots, the Developer
shall demonstrate to the satisfaction of the City Engineer, that the assessmentslbonded indebtedness
for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the
parcel(s).
56. Condition No. 120- (SAMP). In satisfaction of condition No. 120 of the Resolution,
the Developer agrees that prior to approval ofthe first final map for the Project the Developer(s) shall
provide a Sub Area Master Plan (SAMP) for Village Seven, as approved by Otay Water District
(OWD), which will also include an analysis of recycled water for open space slopes. When the SAMP
is approved, the Developer(s) shall provide the water and recycled water improvements in accordance
with the SAMP. The SAMP shall be consistent with the SPA Plan. If the SAMP is inconsistent with
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the SPA Plan, the Developer(s) shall be responsible for obtaining the approval by OWD of any
amendment to the Village Seven SAl'v1P in order for the Village Seven SAl'v1P to be consistent with the
approved SPA Plan prior to the approval of the first map for the Project
57. Condition No. 124 - (Signage). In satisfaction of condition No. 124 of the Resolution,
the Developer agrees to design landscape and irrigation plans such that street tree placement is not in
conflict with the visibility of any traffic signage. The Developer shall be responsible for the removal
of any obstructions of the traffic signs to the satisfaction of the City Engineer
58, Condition No. 125 - (private Easements). In satisfaction of condition No. 125 of the
Resolution, the Developer agrees to grant easements to subsequent owners pursuant to Section
18.20.150 of the Municipal Code on any final map that proposes private utilities or drainage facilities
crossing property lines as directed by the City Engineer.
59. Condition No. 128 - (Private Easements). In satisfaction of condition No. 1280fthe
Resolution, the Developer agrees that where a private storm drain easement will parallel a public
sewer easement, the easements shall be delineated separately on the final map and on the grading and
improvement plans. Developer acknowledges that if any portion of the easements will overlap one
another, the City shall have a superior right to the common portion of the easements.
60. Condition No. 129 - (Subordination). In satisfaction of condition No. 129 of the
Resolution, the Developer agrees that prior to the approval of each final map for the Project, the City
Engineer may require either the removal or the subordination of any easement, which may
unreasonably interfere with the full and complete exercise of any required public easement or right-
of-way.
61. Condition No. 137 - (Supplemental Agreement). In satisfaction of condition No. 137
of the Resolution, the Developer agrees to the following:
a.
following occur:
That the City may withhold building permits for the Project if anyone of the
i. Regional development threshold limits set by a Chula Vista
transportation phasing plan, as amended from time to time, have been
reached or in order to have the Project comply with the Growth Management
Program, as may be amended from time to time.
ii. Traffic volumes, levels of service, public utilities and/or services
either exceed the adopted City threshold standards or fail to comply with the
then effective Growth Management Ordinance, and Growth Management
Program and any amendments thereto. Public utilities shall include, but not
be limited to, air quality, drainage, sewer and water.
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Ill. 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 Seven SPA ifthe required public facilities, as
identified in the PFFP or as amended by the Annual Monitoring Program
have not been completed.
b. To defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any approval by the City, including approval by its
Planning Commission, City Councilor any approval by its agents, officers, or employees with regard
to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly
notifies the Developer of any claim, action or proceeding and on the further condition that the City
fully cooperates in the defense.
c. Permit all cable television companies franchised by the City of Chula Vista
equal opportunity to place conduit and provide cable television service for each lot or unit within the
Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of,
and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit
within the properties situated within the final map only to those cable television companies
franchised by the City of Chula Vista, the condition of such grant being that:
i. Such access is coordinated with Developer's construction schedule so
that it does not delay or impede Developer's construction schedule and does
not require the trenches to be reopened to accommodate the placement of
such conduits; and .
ii. Any such cable company is and remains in compliance with, and
promises to remain in compliance with the terms and conditions of the
franchise and with all other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable television companies as same
may have been, or may from time to time be, issued by the City of Chula
Vista.
Developer hereby conveys to the City of Chula Vista the authority to enforce the covenant by such
remedies as the City determines appropriate, including revocation of the grant upon determination by
the City ofChula Vista that they have violated the conditions of grant.
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c. 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, this Agreement or any Supplemental Agreement. The City shall provide the
Developer of notice of such determination and allow the Developer reasonable time to cure the
breach
e. Defend, indemnify and hold the City, its officers and it employees harmless
from any liability for erosion, siltation or increase flow of drainage resulting from this project.
62. Condition No. 138 - (Congestion Management Plan). In satisfaction of condition
No. 138 of the Resolution, the Developer agrees to enter into an supplemental agreement with the
City prior to approval of the first final "B" Map, where the developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program
adopted by SANDAG tD cDmply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program or
facilities benefit district to finance the cDnstructiDn Dfregional facilities.
63. Condition No. 139 - (Previous Agreements). In satisfaction of condition No. 139 Df
the Resolution, the Developer agrees to cDmply with all previous agreements as they pertain to the
property.
64. Condition No. 141 - (Regional Fee Program). In satisfaction of condition No. 141
of the Resolution, the Developer agrees to equitably participate in any future regional impact fee
program fDr regional facilities should the region enact such a fee program to assist in the construction
of such facilities. Developer further agrees to not protest the formation of any potential future
regional benefit assessment district formed to finance regional facilities.
65. Condition No. 142 - (Transit Stops). In satisfaction of condition No. 142 of the
Resolution, the Developer agrees that prior tD approval of the applicable final map for the Project,
Developer shall construct and secure, or agree to construct and secure, the construction of transit stop
facilities as set fDrth in the PFFP. The schedule for constructing the transit stops shall be approved or
determined by the City Engineer prior to approval ofthe aforementioned final map. Developer shall
design, subject to the approval of the City Engineer the transit stops in conjunction with the
improvement plans for the related street. The City Engineer may require that Developer provide
security guaranteeing the construction of the transit stops in a form of cash or any other form
approved by the City Engineer at hislher sole discretion. Since transit service availability may not
coincide with project development, the Developer shall install the improvements when directed by
the City.
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66. Condition No. 143 - (Mello Roos District). In satisfaction of condition No. 143 of
the Resolution, the Developer agrees that no final "B" Maps may be recorded within Village Seven
SPA area until such time that an annexable Mello Roos District, or some other financing mechanism
approved by the school district, to provide for the construction of needed elementary, middle and
high schools is established.
67. Condition No. 144 - (Transit System). In satisfaction of condition No. 144 of the
Resolution, the Developer agrees to not protest the formation of any potential future regional benefit
assessment district formed to finance the transit system.
68. Condition No. 145 - (Open Space Landscaping). In satisfaction of condition No.
145 of the Resolution, the Developer agrees that prior to the approval of any fmal map for the Project
that contains open space, the Developer shall enter into an agreement to construct and secure open
space landscape improvements within the map area. All landscape improvements shall be secured in
amounts as determined by the Director of General Services and approved in form by the City
Attorney.
69. Condition No. 146 - (Affordable Housing). In satisfaction of condition No. 146 of
the Resolution, the Developer agrees to enter into an agreement with the City ofChula Vista, prior to
approval of Developer's first final "B" map, regarding the provision of affordable housing. Such
agreements shall be in accordance with the Chula Vista Housing Element, the Ranch Wide
Affordable Housing Plan and the Village Seven Affordable Housing Plan.
70. Condition No. 147 - (AQIP). In satisfaction of condition No. 147 of the Resolution,
the Developer agrees to implement the final AQIP measures as approved by the City Council, and
as may be amended from time to time, and to comply and remain in compliance with the Air
Quality Improvement Plan (AQIP).
71. Condition No. 148 - (AQIP). In satisfaction of condition No. 148 of the Resolution,
the Developer acknowledges that the City Council may, from time-to-time, modifY air quality
improvement and energy conservation measures as technologies and/or programs change or become
available. Developer agrees to modifY the AQIP to incorporate those new measures upon request of
the City, which are in effect at the time, prior to or concurrent with each map approval within the
Project. Developer acknowledges that the new measures shall apply to 'development within all
future map areas, but shall not be retroactive to those areas, which receive [mal map approval prior
to effect of the subject new measures. Developer acknowledges and agrees that the City has
adopted the City ofChula Vista Air Quality Improvement Plan Guidelines (AQIP Guidelines) as
approved per Resolution No. 2003-260 and that such guidelines as approved and as may be
amended from time-to-time shall be implemented.
72. Condition No. 149 - (WCP). In satisfaction of condition No. 149 of the Resolution,
the Developer agrees to implement the final Water Conservation Plan (WCP) measures as approved
by the City Council, and as may be amended from time to time, and to comply and remain in
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compliance with the WCP.
73. Condition No. 150 - (WCP). In satisfaction of condition No. 150 of the Resolution,
Developer acknowledges that the City Council may, from time-to-time, modify water conservation
measures as technologies and/or programs change or become available. Developer shaH modify
the WCP to incorporate those new measures upon request of the City, which are in effect at the
time, prior to or concurrent with each map approval within the Project. Developer acknowledges
that the new measures shall apply to development within aH future map areas, but shaH not be
retroactive to those areas, which receive final map approval prior to effect of the subject new
measures. The Developer acknowledges and agrees that the City has adopted the City of Chula
Vista Water Conservation Plan Guidelines (WCP Guidelines) as approved per Resolution No.
2003-234 and that such guidelines as approved and as may be amended from time-to-time shall be
implemented.
74. Condition No. 151 - (Utilities). In satisfaction of condition No. 151 of the
Resolution, the Developer agrees to install aH public facilities in accordance with the Village
Seven Public Facilities Finance Plan (pFFP), or as required to meet the Growth Management
Threshold standards adopted by the City and that the City Engineer may modify the sequence of
improvement construction should conditions change to warrant such a revision. The Developer
further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth
Management Ordinance) as may be amended from time to time by the City. Developer
acknowledges that the Chapter includes but is not limited to Threshold Standards (19.09.040)
Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures
(19.Q9.100).
75. Condition No. 152 - (Utilities). In satisfaction of condition No. 152 of the
Resolution, the Developer agrees that the maintenance and demolition of all interim facilities
(public facilities, utilities and improvements) is the Developer's responsibility, and that
construction, maintenance and demolition bonds will be required to the satisfaction of the City
Engineer.
76. Condition No. 156 - (GMOC). In satisfaction of condition No. 156 of the
Resolution, the Developer agrees that pursuant to the provisions of the Growth Management
Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP),
and as they may be amended from time to time, the Developer shall complete the foHowing: (I)
fund a fair share of the preparation of an annual report monitoring the development of the
community ofOtay 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 shaH
commence foHowing the fIrst fIscal year in which residential occupancy occurs and is to be
completed during the second quarter ofthe foHowing fiscal year. The annual report shaH 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
23
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facility needs per the adopted threshold standards, and identifYing financing options fornecessary
facilities.
77. Condition No.IS7 -(ProjeetManager). In satisfaction of condition No. 157 of the
Resolution, the Developer agrees to retain a project manager to coordinate the processing of
discretionary permit applications originating from the private sector and submitted to the City of
Chula Vista. Developer acknowledges that the project manager shall establish a formal submittal
package required 0 f each developer to ensure a high standard of design and to ensure consistency
with standards and policies identified in the adopted SPA Plan. Developer further agrees that
project manager shall have a well-rounded educational background and experience, including but
not limited to land use planning and architecture.
78. Condition No. 158 - (Permits). In satisfaction of condition No. 158 of the
Resolution, the Developer agrees that if Developer desires to do certain work on the property after
approval of the tentative map but prior to recordation of the applicable final "B" Map, they may
do so by obtaining the required approvals and permits from the City. Developer acknowledges
that the permits can be approved or denied by the City in accordance with the City's Municipal
Code, regulations and policies and the permits do not constitute a guarantee that subsequent
submittals (i.e., final "B" Map and improvement plans) will be approved. Developer
acknowledges that all work performed by the Developer prior to approval of the applicable "B"
Map shall be at the developers own risk and that prior to permit issuance, the Developer shall
acknowledge in writing that subsequent submittals (i.e., final "B" Map and improvement plans)
may require extensive changes, at developers cost, to work done under such early permit.
Developer agrees to post a bond or other security acceptable to the City in an amount determined
by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not
record.
79. Condition No. 159 - (phasing). In satisfaction of condition No. 159 of the
Resolution, the Developer acknowledges that phasing approved with the SPA Plan may be
amended subject to approval by the Director of Planning and Building and the City Engineer and
that the PFFP shall be revised where necessary to reflect the revised phasing plan.
80. Condition No. 160 - (phasing). In satisfaction of condition No. 160 of the
Resolution, the Developer agrees that if phasing is proposed within an individual map or through
multiple final maps, to 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 agrees that the 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. The City reserves the right to require the improvements, facilities and/or dedications as
necessary to provide adequate circulation and to meet the requirements of police and fire
departments. The City Engineer and Director of Planning and Building may, at their discretion,
modify the sequence of improvement construction should conditions change to warrant such a
revision. Developer further agrees that the City Engineer may change the timing of construction
24
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of the public facilities.
81. Condition No. 161- (pFFP). In satisfaction of condition No. 161 of the Resolution,
the Developer agrees that the Public Facility Finance Plan or revisions thereto shall be adhered to
for the SPA and tentative maps with improvements installed by Developer in accordance with the
plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP
identifies a facility phasing plan based upon a set of assumptions concerning the location and rate
of development within and outside of the Project area. Throughout the build-out of Village Seven
SPA, actual development may differ from the asswnptions contained in the PFFP. Neither the
PFFP nor any other Village Seven SPA Plan document grant the Developer an entitlement to
develop as asswned in the PFFP, or limit the Village Seven SPA's facility improvement
requirements to those identified in the PFFP. Compliance with the City ofChuIa Vista threshold
standards, based on actual development patterns and updated forecasts in reliance on changing
entitlements and market conditions, shall govern Village Seven SPA development patterns and
the facility improvement requirements to serve such development. In addition, the sequence in
which improvements are constructed shall correspond to any transportation phasing plan or
amendment to the Growth Management Program and Ordinance adopted by the City. 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.
82. Condition No. 163 - (Municipal Code). In satisfaction of condition No. 163 of the
Resolution, the Developer agrees to comply with all applicable sections of the Chula Vista
Municipal Code and that preparation of the Final Map and all plans shall be in accordance with
the provisions ofthe Subdivision Map Act and the CityofChula Vista Subdivision Ordinance and
Subdivision Manual. Developer further agrees to underground all utilities within the subdivision
in accordance with Municipal Code requirements.
83. Condition No. 164-(Fees). In satisfaction of condition No. 164 of the Resolution,
the Developer agrees to pay the following fees, as applicable, in accordance with the City Code
and Council Policy:
I. The Transportation and Public Facilities Development Impact Fees.
J. Signal Participation Fees.
k. All applicable sewer fees, including but not lirnited to sewer connection fees.
1. Interim SR-125 impact fee.
m. Poggi Canyon or Salt Creek Sewer Basin DIF as applicable.
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Developer agrees to pay the amount of the fees in effect at the time of issuance of building
permits.
84. Condition No. 165 - (Compliance). In satisfaction of condition No. 165 of the
Resolution, the Developer agrees to comply with all relevant Federal, State, and Local regulations,
including the Clean Water Act The Developer acknowledges and agrees that Developer will be
responsible for providing all required testing and documentation to demonstrate the compliance as
required by the City Engineer.
85. Condition No. 166 - (Notice of Special Taxes). In satisfilction of condition No. 166 of the
Resolution, the Developer agrees to ensure that prospective purchasers sign a "Notice of Special
Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and
assessments .
86. Condition No. 167 - (Compliance). fu satisfaction of condition No. 167 of the
Resolution, the Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended from time to time by the City. The chapter includes but
is not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.100).
87. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction of Developer's obligation of Conditions: 1,2,3,4,5,7,8,9,10, II, 12,
14, 16, 18,20,21,22,23,26,28,29,30,31,40,44,48,50,51,52,54,57,59,62,66,67,80,84,
85,89,92,93,96,98,99,103,104,105,106,108,114,115,116, 117, 120, 124, 125, 128, 129,
137, 138, 139, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 156, 157, 158, 159,
160,161,163,164,165,166, and 167 of the Resolution. Developer further understands and
agrees that some of the provisions herein may be required to be performed or accomplished prior
to the approval of other final maps for the Project, as may be appropriate.
88. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that
Developer shall comply with all unfulfilled conditions of approval of the Tentative Subdivision
Map, established by the Resolution and shall remain in compliance with and implement the terms,
conditions and provisions therein.
89. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously
with the recordation of the Final Maps.
90. Building Permits. Developer understands and agrees that the City may withhold the
issuance of building permits and all other permits for the entire Village Seven SPA project area,
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 reasonable time to cure the breach. Developer further acknowledges and agrees that the
City may withhold building permits within the Final Map as defined herein if the required public
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facilities for the Otay Ranch Village 7 SPA Plan, as defined in the PFFP or as amended by the
Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to
the satisfaction of the City. Nothing in this condition is intended to modify, waive, or amend
paragraph 10 (Condition; 9, General Preliminary) of this Agreement.
91. 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
Atto: City Engineer
Otay Project, LP
610 West Ash Street, Suite 1500
San Diego, CA 92101
Attn: Ranie Hunter
Fax: (619) 234-4088
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.
Amendments to this Agreement must be in writing and approved by the representatives.
d. Preparation of Agreement. No inference, assumption or presumption shall be
27
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15463
drawn from the fiLet that a party or his attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the preparation and/or drafting this
Agreement.
e. Assignablity. Upon request of the developer, any or all on-site duties and
obligations set forth herein may be assigned to developer's successor in interest if the City
Manager in hislher so Ie 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 instead ofthe 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.
f. Recitals; Exhibits. Anyrecitals set forth above and exhibits attached hereto are
incorporated by reference into this Agreement.
g. Attorney's Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled
to ajudgment against the other for an amount equal to reasonable attorney's fees and court costs
incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the
relief sought.
(NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES]
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[PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SEVEN "A"
MAP]
F CHULA VISTA
Stephen . Padilla,
Mayor of the City of Chula Vista
Attest:
:::- -i.J fu 6&) p
Susan Bigelow
City Clerk
J
Approved as to Form:
;1;LJL
DATED:
,2005
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
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15465
([PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDMSION
IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SEVEN "A"
MAPI
DEVELOPERS/OWNERS:
OT A Y PROJECf L.P.,
A California limited partnership,
BY: OT A Y PROJECT, LLC,
a California limited liability company,
its General Partner,
BY: OTAY RANCH DEVELOPMENT,LLC.
a Delaware limited liability company,
its Authorized Member,
~
By:
Title: V~~~~
(ATTACH NOTARY ACKNOWLEDGMENTS)
30
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15466)(
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of ~--o l-"nD
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O~-:~l~ betoreme MAI'c.. ~!~_,~?!~J>\l''-
personally appeared leer. + A d~ V\
NarJ1lI(s}ofSiglwr1.,
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o proved to rne on the basis of satisfactory
evidence
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to be the person~ whose name(s! is/__
subscribed to the within instrument and
acknowledged to me that he/shelll e~ e~~ecuted
the same in his~ir authorized
capacity(i",,), and that by hi~ir
signaturels) on the instrument the person(*, or
the entity upon behalf of which the person(st-
acted, executed the instrument.
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OPTIONAL
Though rhe information below is not required by Jaw. it mifY prove valuable to persons relying on the document snd could prevent
fraudulent removal and reattachment 01 this form to another document
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
.
Top 01 thumb here
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
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D Other.
Signer is Representing:
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15467
EXHIBIT A
LEGAL DESCRIPTIONS
OTAY RANCH VILLAGE SEVEN
Portion of subdivision of a port ion of Parcel 6 of Parcel Map 18471, in the CityofChula Vista,
County of San Diego, State of California, filed in the Office of the County Recorder of San
Diego County, on May 10, 2000, as File No. 2000-024106, O.R.
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15468
EXHIBIT "B"
SECURITY
CHULA VISTA TRACT NO. 05-09
aT A Y RANCH VILLAGE SEVEN "A" MAP
Landscape and Irrigation for
Otay Ranch Village Seven
La Media Road Lan dscape and
Irrigation for
Ota Ranch Villa e Seven
Santa Luna Street Landscape and
Irrigation for
Ota Ranch Villa e Seven
S
$3,810,461.20
So''!i"(''~
SU@15626
$1,386,415.00
SU5017021
$424,773.00
SU5017022
10-94
ATTACHMENT (0
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City Clerk
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Above Space for Recorder's Use
OR-974F
RECORDING REQUEST BY:
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is
a conveyance to a public agency
of less than a fee interest for
which no cash consideration has
been paid or received.
FIRST AMENDED
OTA Y RANCH VILLAGE SEVEN "A" MAP
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Amends Conditions 9)
This First Amendment to the Supplemental Subdivision Improvement Agreement for
Otay Ranch Village Seven "A" Map ("Agreement") is made this day of_, 2006, by
and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording
purposes only) and Otay Project, LP, a California Limited Liability Company, ("Developer" or
"Grantor"), with reference to the facts set forth below, which recitals constitute a part of this
Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is within approved Tentative Subdivision Map Chula Vista Tract 05-
09, which project is commonly known as Otay Ranch Village Seven. For purposes of this
Agreement the term "Proj ect" shall also mean "Property".
B. Developer has applied for and the City has approved Tentative Subdivision Map
commonly referred to as Chula Vista Tract 05-09 ("Tentative Subdivision Map") for the
subdivision of the Property.
10-95
C. The City has adopted Resolution No. 2004-332 ("Resolution") pursuant to which
it has approved the Tentative Subdivision Map subject to certain conditions as more particularly
described in the Resolution.
D. The Developer has entered into a Supplemental Subdivision Improvement
Agreement for Otay Ranch Village Seven "A" Map ("Original Agreement")
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as follows:
SECTION I. That Paragraph Section 10, (Condition No.9) of the Original Agreement is hereby
amended, in its entirety, to read as follows:
Condition No.9 - (General Preliminary). In partial satisfaction of Condition No.9 of
the Resolution, the Developer acknowledges and agrees that, in accordance with Addendum to
FEIR 04-06 and approved traffic report prepared by Linscott, Law & Greenspan ("LLG") dated
August 15, 2006, no more than 1000 building permits may be issued by the City within Otay
Ranch Village Seven prior to the construction of SR 125 between SR 54 and the International
Border. Notwithstanding the foregoing, the City may issue additional building permits if the City
Council, in its sole discretion, determines that each of the following conditions have been met:
(I) SR-125 is constructed and open between SR-54 and Olympic Parkway; and (2) traffic studies,
prepared to the satisfaction of the City Engineer and the City Council, demonstrate that the
opening of SR-125 to Olympic Parkway provides additional capacity to mitigate the project's
cumulatively significant traffic impacts to a level below significance without exceeding GMOC
traffic threshold standards. Alternatively, the City may issue building permits if the City
Council, in its sole discretion, has approved an alternative method to implement the City's
Growth Management Ordinance, as may be amended from time to time.
SECTION II. Except as expressly provided herein all other provisions of the Original
Agreement shall remain in full force and effect.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
2
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[PAGE ONE OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
OTAY RANCH VILLAGE SEVEN "A" MAP]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor of the City ofChula Vista
Attest:
Susan Bigelow
City Clerk
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
3
10-97
[PAGE TWO OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
OTAY RANCH VILLAGE SEVEN "A" MAP]
DEVELOPERS/OWNERS:
OTAY PROJECT L.P.,
a California Limited Partnership
By: OTAY PROJECT, LLC.,
A California Limited Liability Company,
Its: General Partner,
By: OTAY RANCH DEVELOPMENT, LLC.
A Delaware Limited Liability Company
its Authorized Member
By:
Title:
By:
Title:
(ATTACH NOTARY ACKNOWLEDGEMENT
4
10-98
Exhibit" A"
Legal Description of Property
Lots I through 37 together with lots A through L of Chula Vista Tract No. 05-09, Otay Ranch
Village 7 "A" Map No. I according to Map thereof No. 15134 filed in the Office of the County
Recorder of San Diego County, State of California on September 27'h, 2005 as File No. 2005-
0836547 of Official Records.
J:\EngineerIAGENDAlAgreements\2006\Village 7-0RC SSIA 1st Amendment_8-22-06.doc
10-99
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE FIRST
AMENDED SUPPLEMENTAL SUBDNISION IMPROVEMENT
AGREEMENT FOR CHULA VISTA TRACT NO. 05-07 MCMILLIN OTAY
RANCH VILLAGE SEVEN "A" MAP
WHEREAS, Chula Vista Tract 05-07, McMillin Otay Ranch Village Seven "A" Map is a
170.I-acre project consisting of758 residential units ("Project"); and
WHEREAS, the Tentative Map was approved by the City Council on October 12, 2004
by Resolution No. 2004-331; and
WHEREAS, McMillin Otay Ranch, LLC ("Developer") entered into a Supplemental
Subdivision Improvement Agreement ("SSlA") to fulfill the Conditions of Approval for the
Proj ect; and
WHEREAS, Paragraph 10 of the SSlA (Condition of Approval No.9) states that the
Developer agrees that no more than 400 building permits may be issued by the City within Otay
Ranch Village Seven prior to the completion of SR 125 to the International Border; and
WHEREAS; upon a traffic study prepared by Linscott, Law & Greenspan ("LLG") dated
August 15,2006, concluded that there is an additional capacity of 600 dwelling units beyond the
initial 400 (a total oflOOO dwelling units) prior to the completion of SR 125 to the International
Border.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the First Amended Supplemental Subdivision Improvement Agreement for
Chula Vista Tract No. 05-07, McMillin Otay Ranch Village Seven "A" Map, a copy of which
shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval will remain in effect and run with the
land.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement for and on behalf of the City ofChula Vista.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
H:\ENGINEER\RESOSIRESOS2006\09-19-()6IRESO VILLAGE 7 MCMILLIN SSIA 1ST AMENDMENT.DOC
10-100
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
,~,~laOuJ
City Attorney
Dated: 8/16/06
First Amended McMillin Otay Ranch Village Seven
"A" Map SSIA (Amends Condition 9) CVT No. 05-07
10-101
RECORDING REQUEST BY:
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Above Space for Recorder's Use
OR-454F
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is
a conveyance to a public agency
of less than a fee interest for
which no cash consideration has
been paid or received.
FIRST AMENDED
MCMILLIN OT A Y RANCH VILLAGE SEVEN "A" MAP
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Amends Conditions 9)
This First Amendment to the Supplemental Subdivision Improvement Agreement for
McMillin Otay Ranch Village Seven "A" Map ("Agreement") is made this day of_,
2006, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for
recording purposes only) and McMillin Otay Ranch, LLC a Delaware Limited Liability
Company, ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals
constitute a part of this Agreement:'
REeIT ALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is within approved Tentative Subdivision Map Chula Vista Tract 05-
07, which project is commonly known as McMillin Otay Ranch Village Seven. For purposes of
this Agreement the term "Project" shall also mean "Property".
B, Developer has applied for and the City has approved Tentative Subdivision Map
commonly referred to as Chula Vista Tract 05-07 ("Tentative Subdivision Map") for the
subdivision of the Property.
10-102
C. The City has adopted Resolution No. 2004-332 ("Resolution") pursuant to which
it has approved the Tentative Subdivision Map subject to certain conditions as more particularly
described in the Resolution.
D. The Developer has entered into a Supplemental Subdivision Improvement
Agreement for Otay Ranch Village Seven "A" Map ("Original Agreement")
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as follows:
SECTION I. That Paragraph Section 10, (Condition No.9) of the Original Agreement is hereby
amended, in its entirety, to read as follows:
Condition No.9 - (General Preliminary). In partial satisfaction of Condition No.9 of
the Resolution, the Developer acknowledges and agrees that, in accordance with Addendum to
FEIR 04-06 and approved traffic report prepared by Linscott, Law & Greenspan ("LLG") dated
September 7, 2006, no more than 1000 building permits may be issued by the City within Otay
Ranch Village Seven prior to the construction of SR 125 between SR 54 and the International
Border. Notwithstanding the foregoing, the City may issue additional building permits if the City
Council, in its sole discretion, determines that each of the following conditions have been met:
(I) SR-125 is constructed and open between SR-54 and Olympic Parkway; and (2) traffic studies,
prepared to the satisfaction of the City Engineer and the City Council, demonstrate that the
opening of SR-125 to Olympic Parkway provides additional capacity to mitigate the project's
cumulatively significant traffic impacts to a level below significance without exceeding GMOC
traffic threshold standards. Alternatively, the City may issue building permits if the City
Council, in its sole discretion, has approved an alternative method to implement the City's
Growth Management Ordinance, as may be amended from time to time.
SECTION II. Except as expressly provided herein all other provisions of the Original
Agreement shall remain in full force and effect.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] .
2
10-103
[PAGE ONE OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
MCl\flLLIN OTAY RANCH VILLAGE SEVEN "A" MAP]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor of the City of Chula Vista
Attest:
Susan Bigelow
City Clerk
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
3
10-104
[PAGE TWO OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
MCMILLIN OTAY RANCH VILLAGE SEVEN "A" MAP]
DEVELOPERS/OWNERS:
McMillin Otay Ranch, LLC
a Delaware Limited Liability Company
By: McMillin Companies LLC
Its Managing Memb
By: f.
Titl~r
BY:~~.
Title: LIP.
(ATTACH NOTARY ACKNOWLEDGEMENTS)
4
10-105
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On September 11. 2006, before me, Ann M. Futo. Notary Public personally appeared
Todd Galarneau and Tom Tomlinson , personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that ho/sho/they executed the same in hiE:/hor/their
authorized capacity(ies), and that by hiE:/horltheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument
WITNESS my ~d "~O~'~ JJo
Signature LtJ u"--,,
E'">;" ANN M. fUTO
:< h;.l;T"'~ C~rnmiSSion # 1546838
2 ;~:~..:"'(,~~. O::;J NOiary P~bIiC . California ~
. " San Diego County
. MyCcmm. Expires Jon 23, 200
This arOla lor official notarial seal
10-106
NolaryForm-2
McMillin Companies
Exhibit "A"
Legal Description of Property
Lots 1 through 13 together with lots A through C of Chula Vista Tract No. 05-07, McMillin Otay
Ranch Village 7 "A" Map according to Map thereof No. 15014 filed in the Office of the County
Recorder of San Diego County, State of California on May 6th, 2005 as File No. 2005-0383257 of
Official Records.
J:\EngineerIAGENDAlAgreements\2006\ViIlage 7-McMiIlin SSIA 1st Amendment_8-22-06.doc
10-107
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE FIRST
AMENDED SUPPLEMENTAL SUBDMSION IMPROVEMENT
AGREEMENT FOR CHULA VISTA TRACT NO. 05-09 OTAY RANCH
VILLAGE SEVEN "A" MAP
WHEREAS, Chula Vista Tract 05-09, Otay Ranch Village Seven "A" Map is a 108.3-
acre project consisting of 375 residential units ("Project"); and
WHEREAS, the Tentative Map was approved by the City Council on October 12, 2004
by Resolution No. 2004-332; and
WHEREAS, Otay Project L.P. ("Developer") entered into a Supplemental Subdivision
Improvement Agreement ("SSIA") to fulfill the Conditions of Approval for the Project; and
WHEREAS, Paragraph 10 of the SSIA (Condition of Approval No.9) states that the
Developer agrees that no more than 400 building permits may be issued by the City within Otay
Ranch Village Seven prior to the completion ofSR 125 to the International Border; and
WHEREAS, upon'a traffic study prepared by Linscott, Law & Greenspan ("LLG") dated
August 15,2006, concluded that there is an additional capacity of 600 dwelling units beyond the
initial 400 (a total of 1000 dwelling units) prior to the completion of SR 125 to the International
Border.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the First Amended Supplemental Subdivision Improvement Agreement for
Chula Vista Tract No. 05-09, Otay Ranch Village Seven "A" Map, a copy of which shall be kept
on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval will remain in effect and run with the
land.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
("
oore
t Attorney
HoIENGINEERIRESOSIRESOS2006\09-19-06IRESO VILLAGE 7 ORC SSlA ST AMENDMENT.DOC
10-108
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
~"<^:Ji;\~ CLJ
~Attomey
Dated: 8/16/06
First Amended McMillin Otay Ranch Village Seven
"A" Map SSIA (Amends Condition 9) CVT No. 05-09
10-109
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Above Space for Recorder's Use
OR-974F
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
No transfer tax is due as this is
a conveyance to a public agency
of less than a fee interest for
which no cash consideration has
been paid or received.
FIRST AMENDED
OT A Y RANCH VllLAGE SEVEN "A" MAP
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Amends Conditions 9)
This First Amendment to the Supplemental Subdivision Improvement Agreement for
Otay Ranch Village Seven "A" Map ("Agreement") is made this day of---, 2006, by
and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording
purposes only) and Otay Project, LP, a California Limited Liability Company, ("Developer" or
"Grantor"), with reference to the facts set forth below, which recitals constitute a part of this
Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is within approved Tentative Subdivision Map Chula Vista Tract 05-
09, which project is commonly known as Otay Ranch Village Seven. For purposes of this
Agreement the term "Project" shall also mean "Property".
B. Developer has applied for and the City has approved Tentative Subdivision Map
commonly referred to as Chula Vista Tract 05-09 ("Tentative Subdivision Map") for the
subdivision of the Property.
10-110
C. The City has adopted Resolution No. 2004-332 ("Resolution") pursuant to which
it has approved the Tentative Subdivision Map subject to certain conditions as more particularly
described in the Resolution.
D. The Developer has entered into a Supplemental Subdivision Improvement
Agreement for Otay Ranch Village Seven "A" Map ("Original Agreement")
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as follows:
SECTION I. That Paragraph Section 10, (Condition No.9) of the Original Agreement is hereby
amended, in its entirety, to read as follows:
Condition No.9 - (General Preliminary). In partial satisfaction of Condition No.9 of
the Resolution, the Developer acknowledges and agrees that, in accordance with Addendum to
FEIR 04-06 and approved traffic report prepared by Linscott, Law & Greenspan ("LLG") dated
September 7, 2006, no more than 1000 building permits may be issued by the City within Otay
Ranch Village Seven prior to the construction of SR 125 between SR 54 and the International
Border. Notwithstanding the foregoing, the City may issue additional building permits if the City
Council, in its sole discretion, determines that each of the following conditions have been met:
(I) SR-125 is constructed and open between SR-54 and Olympic Parkway; and (2) traffic studies,
prepared to the satisfaction of the City Engineer and the City Council, demonstrate that the
opening of SR-125 to Olympic Parkway provides additional capacity to mitigate the project's
cumulatively significant traffic impacts to a level below significance without exceeding GMOC
traffic threshold standards. Alternatively, the City may issue building permits if the City
Council, in its sole discretion, has approved an alternative method to implement the City's
Growth Management Ordinance, as may be amended from time to time.
SECTION II. Except as expressly provided herein all other provisions of the Original
Agreement shall remain in full force and effect.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
2
10-111
[PAGE ONE OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
OTAY RANCH VILLAGE SEVEN "A" MAP]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor of the City ofChula Vista
Attest:
Susan Bigelow
City Clerk
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
3
10-112
[pAGE TWO OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
OTAY RANCH VILLAGE SEVEN "A" MAP]
DEVELOPERS/OWNERS:
OT A Y PROJECT L.P.,
a California Limited Partnership
By:
OT A Y PROJECT, LLC.,
A California Limited Liability Company,
Its: General Partner,
By:
By: OTA Y RANCH DEVELOPtvlENT, LLC.
A Delaware Limited Liability Company
~mh-""~d M=""
"~~
Viff" F'~
Title:
By:
Title:
(ATTACH NOTARY ACKNOWLEDGEMENT
4
10-113
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I
County of
s;: -- JO, '(f'
} 55,
State of California
"
On~p#--&... /3 '1--()Ob before me, M..a>-<-
I Dahl /
personally appeared /~ ~
hhc-,
il,
,I
Namll(S)of S/ql'1er(s)
s-pS'rsonally known to me
o proved to me on the basis of satisfactory
evidence
l~. - - ~f~~- t
:S .. NotaIV PuI:dIc - CcIICmIa !
! San etego Coun1v i
i ... ~ _ ~:~m~~res_~13.:2~
to be the perso~ whose name(g). is/_
subscribed to the within instrument and
acknowledged to me that he/she/~ecuted
the same in his/herittTeir authorized
capacity(i<as), and that by his/mmtheir
signaturets) on the instrument the person(o), or
the entity upon behaif of which the person(s)-
acted, executed the instrument.
SS my hand and offi ai,
nature of Notary Public:
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and GOuld prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
litle or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - litle(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other.
Tap 01 thumb here
Signer Is Representing:
= 1999 Na~onal NolaryAsscciallan' 9350 De SOlO Ava., P.O. Box 2402' ChalSWOrth, CA 91313-2402' www.nationalnolary.org
Prod. No. 59<l7
Allorder: Call TolI.Fru 1-S0o-87&-!l821
10-114
Exhibit "A"
Legal Description of Property
Lots I through 37 together with lots A through L of Chula Vista Tract No. 05-09, Otay Ranch
Village 7 "A" Map No. I according to Map thereof No. 15134 filed in the Office of the County
Recorder of San Diego County, State of California on September 27th, 2005 as File No. 2005-
0836547 of Official Records.
J:\Engineer\AGENDA\Agreements\2006\Village 7-0RC SSlA 1st Amendment_9-J9_06.doc
10-1"15