Loading...
HomeMy WebLinkAbout2006/10/03 Agenda Packet Jeclare under penalty of perjury that I am jmpioyed by the City of Chula Vista in the ~ ~ r., !fie of the City Clerk and that I posted this ~ ~ on the bulletin board accordin\110 ::~ : qui:~ents. ~~5"~ >/;-9/0bs' d - - -- Igne 'Stephen C. Padilla, Mayor , Patricia E. Chavez, Councilmember Jim Thomson, Interim City Manager John McCann, Council member Ann Moore, City Attorney Jerry R. Rindone, Councilmernber Susan Bigelow, City Clerk Steve Castaneda, COllllcilmember October 3,2006 4:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY JIM SANDOVAL, PLANNING AND BUILDING DIRECTOR, OF THE EMPLOYEE, OF THE MONTH, HILDA ALMEJO, DEVELOPMENT SERVICES TECHNICIAN . PRESENTATION OF SUMMER READING PROGRAM REPRESENTATIVES FROM THE CHULA VISTA PUBLIC LlliRARY . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO FLORA DOWNS JENNINGS SMALL DECLARING OCTOBER 3, 2006 AS FLORA DOWNS JENNINGS SMALL DAY IN CHULA VISTA . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO EMMA MCCLEES, SAFETY SPECIALIST, DECLARING THE WEEK OF OCTOBER 2 - 8, 2006 AS DRIVE SAFELY TO WORK WEEK . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO MARCI BAIR, CHULA VISTA CHAMBER OF COMMERCE, DECLARING THE WEEK OF OCTOBER 2 - 8, 2006 AS FINANCIAL PLANNING WEEK . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO FRAN CORNELL, VICE CHAIR OF CULTURAL ARTS COMMISSION, DECLARING THE MONTH OF OCTOBER 2006 AS NATIONAL ARTS AND HUMANITIES MONTH . DID YOU KNOW...THE CITY OF CHULA VISTA RECREATION DEPARTMENT HAS AN ELEMENTARY LEARN TO SWIM PROGRAM? Presented by Manuel Gonzalez, Recreation Supervisor, Recreation Department. CONSENT CALENDAR (Items 1 through 3) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANTS OF EASEMENTS AND MAINTENANCE AGREEMENTS FOR CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PHASE III Adoption ofthe resolution allows the homeowners association to perpetually maintain the landscaping within the right-of-way for the San Miguel Ranch, Phase III project, consisting of neighborhoods n, 12, K, and L, and is generally located west of SR-125 along San Miguel Ranch Road. (Acting Engineering Director) Staffrecommendation: Council adopt the resolution. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AS IMPRACTICAL AND AUTHORIZING THE CITY'S PURCHASING AGENT TO NEGOTIATE PURCHASE ORDERS DIRECTLY WITH HANSON AGGREGATES, INCORPORATED FOR PROCUREMENT OF AGGREGATE PRODUCTS TO COMPLETE STREET MAINTENANCE TASKS BY CITY CREWS (Continued from September 26, 2006) Adoption of the resolution waives the formal bidding process and authorizes the City's Purchasing Agent to negotiate purchase orders directly with Hanson Aggregates, Inc., as the only remaining aggregate supplier in the South Bay, for procurement of aggregate products to complete street maintenance tasks by Public Works Operations Crews. (Public Works Operations Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE CLOSURE OF A PORTION OF CLAIRE AVENUE LYING NORTH OF SHASTA STREET AND SOUTH OF H STREET, PURSUANT TO CALIFORNIA VEHICLE CODE SECTION 21101(A)(1), ESTABLISHING CAPITAL IMPROVEMENT PROJECT STL-331, AND TRANSFERRING FUNDS NECESSARY TO SECURE THE CLOSED STREET The Engineering Department is requesting that a portion of Claire Avenue lying north of Shasta Street and south ofH Street be closed pursuant to California Vehicle Code Section 21101 (a)(I). The subject portion of Claire Avenue is not needed for vehicular traffic. (Acting Engineering Director) Staffrecommendation: Council adopt the resolution. Page 2 - Council Agenda http://www.chulavistaca.gov October 3, 2006 ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEMS The Items listed in this section of the agenda will be considered individually by the Council and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 4. APPOINTMENT TO FILL VACANCY ON THE PORT COMMISSION (Continued from September 26, 2006) The Council conducted interviews to fill the vacancy on the Port Commission at the City Council Meeting of September 26, 2006. As directed at that meeting, this item is being brought back for the Council to make an appointment. 5. UPDATE REPORT ON OTAY RANCH EASTERN URBAN CENTER SECTIONAL PLANNING AREA (SPA) PLAN (Continued from September 26, 2006) The report will provide the City Council with an overview of the objectives for the Eastern Urban Center envisioned in the City's planning documents and an overview of the transportation systems, which are planned to serve the Eastern Urban Center. (Planning and Building Director) Staffrecommendation: Council accept the report. 6. CONSIDERATION OF ADOPTION OF THE TENETS OF THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT The Mayor's Office has been urged by the Sierra Club, the Environmental Health Coalition and other individuals to sign the Mayors Climate Protection Agreement and take all necessary steps locally to reduce atmospheric pollution. Adoption of the resolution approves the tenets of the U.S. Mayors Climate Protection Agreement, and authorizes the mayor to execute that agreement. (Land Use/Coastal Policy Advisor) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE TENETS OF THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Page 3 - Council Agenda http://www.chulavistaca.gov October 3, 2006 OTHER BUSINESS 7. CITY MANAGER'S REPORTS 8. MA YOR'SREPORTS 9. COUNCIL COMMENTS . Deputy Mayor McCann: Request for additional analysis and discussion of Proposition 90. . Councilmember Rindone: Referral of option for mobilehome park sites and overlay use zone. 5:00 P.M. 10. INTERVIEWS AND APPOINTMENT TO FILL THREE VACANCIES ON THE BOARD OF ETHICS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957.7). 11. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Reyes v. City of Chula Vista (USDC 05 CV 2309) B. Gechter v. City ofChula Vista (GIS22609) C. Sidock v. City ofChula Vista (GIS 15970) ADJOURNMENT to an Adjourned Regular Meeting of October 5, 2006, at 6:00 p.m., in the Council Chambers, and thence to the Regular Meeting of October 10,2006, at 6:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devices for the Deaf (IDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 4 - Council Agenda http://www .chulavistaca.gov October 3, 2006 COUNCIL AGENDA STATEMENT Item i Meeting Date 10/03/06 ITEM TITLE: Resolution Approving the Grants of Easements and Maintenance Agreements for Chu)a Vista Tract No. 99-04, San Miguel Ranch, Phase III. ; SUBMITTED BY: Acting Director OfEng7ng'i~ Interim City Manager d I (4/5ths Vote: Yes_ No-X) REVIEWED BY: On February 29, 2000, City Council approved a Tentative Subdivision Map for San Miguel Ranch. The Final Maps and associated agreements were subsequently approved on January 24, 2006. Tonight Council will consider allowing the Home Owner Association to perpetually maintain the landscaping within the right-of-way for the project. San Miguel Ranch Phase III consists of neighborhoods J-I, J-2, K and L and is generally located west ofSR-I25 along San Miguel Ranch Road. RECOMMENDATION: That City Council adopt the Resolution approving the Grants of Easements and Maintenance Agreements for Chula Vista Tract No. 99-04, San Miguel Ranch, Phase III. BOARDS Al'lD COMMISSIONS: NIA DISCUSSION: Chula Vista Tract 99-04, San Miguel Ranch Phase III is a 263.l5-acre project consisting of 286 residential units. On January 24, 2006, with Resolution 2006-027, Council approved Grants of Easements & Maintenance Agreements for Neighborhoods J-I, J-2, K and L. Tonight's action will add additional areas of Home Owner Association (HOA) maintained landscaping within the public right-of-way for these neighborhoods. The areas to be added are currently the individual property ov.ner's obligation to maintain. The Grant of Easements & Maintenance Agreement for each neighborhood establishes certain specific obligations and responsibilities for the maintenance of certain improvements located along the public parkways. Initially the developer will maintain these areas until the HOA is able to assume the maintenance. There are provisions within the Grant of Easement & Maintenance Agreements that allow for the assignment of the agreement to the HOA with the City's concurrence. The Grant of Easements & Maintenance Agreements for the four neighborhoods are labeled Exhibits 1, 2, 3 and 4. ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project was adequately covered in the previously adopted Final Subsequent Environmental Impact Report for the San Miguel Ranch Sectional Planning Area and Tentative Maps (FSEIR 97-02), thus, no further environmental review or documentation is necessary. 1-1 " Page 2, Item~ Meeting Date 10/03/06 DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the City Council 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 agreements. . , Attachments and Exhibits: Attachment A: Plat ofChula Vista Tract No. No. 99-04, San Miguel Ranch, Phase III Attachment B: Developer's Disclosure Statement Exhibit 1: Grant of Easements & Maintenance Agreement (Neighborhood J-1) Exhibit 2: Grant of Easements & Maintenance Agreement (Neighborhood J-2) Exhibit 3: Grant of Easements & Maintenance Agreement (Neighborhood K) Exhibit 4: Grant of Easements & Maintenance Agreement (Neighborhood L) TA File No. SM016F, SM015F, SM018F, SM022F J:\Engineer\AGENDA\CAS2006\lO-03-06\CAS for SM Phase m GEMA.doc 1-2 ATIACHMENT A CHULA VISTA TRACT NO. 99-04 SAN MIGUEL RANCH PHASE 3 "A" MAP NO. 1 "0 ';e o '4 ~ \1 ~ ~ COUNTY OF SAN DIEGO CITY OF CHULA VISTA C'oc: O~.~~ . 0 O~ -l}-t- LOT "No C'..s., '. 4<') '0<.,""-.(;>0 CD I:>~ -v NO SCALE CITY OF CHULA VISTA I COUNTY -;F SAN DIF:C-;- I I . HUNSAKER ~~~~~!E5 I'\.ANNtr4C 'II1'1"J HucrnekmI Sftet ENrnmINC ... ""'" Co '!7121 SUI\IEYINC Pt-(P~o:M. FX{asB)SSB.14M R:\a359\.tMap\G Cauncsl &II A Mop r.dwg[f27SjJul-19-20CU:1J:.3B I City of Chula Vista Disclosure Statement Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments or campaign contributions for a City of Chula Vista , election must be filed. The following information must be disclosed: . I. List the names of all persons having a [mancial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. O('oc-~.,.. \ic. \ \"2e We 4\- 'PCl>.>r+.....~: LLC 2. If any person. identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation / partnership) entity. <:-l"f\""" 'I" . \1~"'\"'-- ~ T'B~"-e C\t'---'..k<--- "iL. SJ..,"Q"-~ I... 3-e: ~J.JG4'-J ~0,^ u.. )). L",.. 0\,,>.. - 3. If any person. identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identifY every person, including any agents, employees, consultants, or independent .,99ntractors you have assigned to represent you before the City in this matter. ~~'^~ \..\~~-eX' ~r...,f+ nO' ~ '= k 5. Has any person. associated with this contract had any financial dealings with an official.. of the City ofChula Vista as it relates to this contract with the past 12 months? Yes _ No ~ 1-4 / City of Chula Vista Disclosure Statement If yes, briefly describe the nature of the financial interest the official" may have in this contract, " . , , 6, Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chu1a Vista City Council? No Yes / If yes, which Council member? 4~'e V~\\\c..... -- 7, Have you provided more than $340 (or an item of equivalent value) to an official"" of the City of Chula Vista in the past twelve (12) months? (This inclu~s being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No ~ If Yes, which official"" and what was the nature of item provided? Date: Signature of Contractor/Applicant ~, . Print or type name of Contractor/Applicant P 'd fi d . di 'dual fi ~shif~~ "t.'Meo;.~ 'al 1 b erson IS e ne as: any m VI , um, co-partner p, Jomt venture, aSSOCiatIOn, SOCI c u , fraternal organization, corporation, estate, trust, receiver syndicate, any other county, city municipality, district, or other political subdivision, - or any other group of combination acting as a unit. . Official includes, but is not limited to: Mayor, Council member, Planuing Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 1-5 RESOLUTION N0.2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENTS FOR CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANC1;I, PHASE m. , ... , WHEREAS, on January 24, 2006, with Resolution 2006-027, Council approved grants of easements and maintenance agreements for Neighborhoods J-1, J-2, K and L; and WHEREAS, additional grants of easements are necessary for HOA to maintain landscaping within the public right of way for these neighborhoods; and WHEREAS, the Grants of Easements and Maintenance Agreement for San Miguel Ranch Phase 3 Planning area "J-1, J-2, K, and L", sets forth the developer's obligation to maintain landscaping in the public right of way; and WHEREAS, the agreements will be assigned to the homeowner's association (HOA) after the landscaping has been established and turned over to the HOA to maintain; NOW, THEREFORE, BE ITRESOL VED the City Council of the City ofChula Vista does hereby approve the Grant of Easements and Maintenance Agreements for the grant of easements and maintenance for Chula Vista Tract No. 99-04 San Miguel Ranch Phase 3 Planning areas "J-l, J-2, K, and L". Copies of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreements on behalf of the City of Chula Vista, and the City Engineer is authorized to assign the agreements to the HOA. Presented by Approved as to form by /~ (ab I~ ltfv1:J1. f / ~ Attorney Leah Browder Acting Director of Engineering H:\ENGINEER\RESOS\Resos2006\09-26-06\Grants of easements for San Miguel Ranch B maps Phase Ill.doc 1-6 ! / 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;' . , , ~, 11,1 c-'cl A e / ~Attomey Dated: Grant of Easements, License and Maintenance Agreement Between the City of Chula Vista and Proctor Valley West Partners, LLC Chula Vista Tract No, 99-04 San Miguel Ranch Planning Area "J-l" - Montecito 1-7 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 " No transfer tax is due as this is a conveyance to a public agency for less than a fee interest for which no cash consideration has been paid or received. (.ABOVE SPACE FOR RECORDER'S USE) GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 99-04 SAN MIGUEL RANCH PLANNING AREA "J-l" - MONTECITO (DEDICATED EASEMENTS) This GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT ("Agreement") is made as ofthis _ day of , 200_, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and PROCTOR V ALLEY WEST PARTNERS, LLC, a Delaware lirnited liability company ("PVWP"). RECITALS A. This Agreement concerns and affects certain improvements with portions of the real property located in Chula Vista, California, more particularly described in Exhibit" A" attached hereto and incorporated herein ("Property"). The Property is part of a planned residential development proj ect commonly known as "SanMiguel Ranch", Chula Vista Tract No. 99-04, being the subject of the City Council Resolution No. 2001-261 (the "City Resolution"). For purposes of this Agreement, the term "Proj ect" shall refer to the overall San Miguel Ranch proj ect, including, but not limited to the "Property." B. PVWP is the owner of the Property and the Declarant by assignment under that certain Master Declaration of Restrictions For San Miguel Ranch Master Association filed for record in the Official Records of SanDie go County, California (the "Master Declaration"). The Master Declaration provides for SANMIGUEL RANCH MASTER ASSOCIATION, a California Nonprofit Mutual Benefit Corporation ("MHOA") to maintain certain areas in the Project. Furthermore, one or more sub- associations maybe formed ("SHOA") for a particularproject(s) within San Miguel Ranch Planned 4/13/06 -1- 065550-0011305153.1 1-8 , / Development, the purposes of which would include the maintenance of certain amenities within the proj ect over which the SHOA has jurisdiction. C. The Property is or will become covered by that the certain final map(s) (the "Final Maps") described on Exhibit "A" attached hereto and referen,ced in the title to this Agreement. . , , D. In order for PVWP to obtain the Final Maps and fur the City to have assurance that the maintenance of certain areas within the Project would be provided for, the City and PVWP entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which PVWP agreed that maintenance of such areas shall be accomplished by the creation of a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those particular areas which were dedicated to the public on one or more of the Final Maps but which include landscaping and drainage improvements to be maintained by the I.\IlHOA. The public areas to be maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas." E. The City desires to grant to PVWP easements for landscape maintenance purposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in order to facilitate the obligations ofPVWP as set forth in Supplemental Subdivision Improvement Agreements, adopted pursuant to the City Resolution. F. This Agreement supplements that certain Grant ofEasements, License and Maintenance Agreement Chula Vista Tract No. 99-04 San Miguel Ranch Planning Area "J -I" - Montecito recorded on February 8,2006 as Document No. 2006-0095431 which failed to show all of the MHOAMaintained Public Areas on the attached exhibits. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as set forth below. I. Grant of Easements. The City hereby grants to PVWP and its agents, successors and assigns, non-exclusive easements and rights-of-way over and across the MHOA Maintained Public Areas for the purpose of maintaining, repairing and rep lacing landscaping improvements located thereon. These grants are made without any warranties of any kind, express or implied, other than the warranty stated in Paragraph 14(t) below. 2. Maintenance Obli2ations (a) PVWP to Initially Maintain. PVWP hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, those improvements within the I.\IlHOAMaintainedPublic Areas which are described on Exhibit "C" attached hereto, at a level equal to or better than the level of maintenance which is acceptable to the Director of Public Works Operations, at hislher discretion and equivalent to City or Community Facilities District maintained right-of-way facilities. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair, the provision of water and replacement obligations described herein and on Exhibit 4/13/06 .2. 065550~OO1l305153.1 1-9 ! "C" hereto and shall also include repair and replacement at no cost to the City of any City ovmed property that is damaged during performance of the maintenance responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of the City. (b) Transfer to lVffiOA. Upon PVWP tran&fer of maintenance obligations to the MHOA, (i) the MHOA shall become obligated to perfdi-m the obligations so transferred, and (ii) subject to the City det=in:ing that the requirements 6fParagraph 3 below have been satisfied, PVWP shall be released from such obligation. Transfer of maintenance obligations to the MHOA may be phased (that is, there may be multiple transfers). PVWP represents to City that it intends to, and has the authority to, unilaterally transfer said maintenance obligations either (i) to theMHOA and that such transfer has been provided for in the Master Declaration, and that such document(s) include the provisions described in Paragraph 3(a)(ii) below, or altematively (ii) to a new homeowners association (the "New Association") established for maintenance of the open space and thoroughfare median areas in the Prop"erty, and that such transfer shall be provided for in the declaration of restrictions (the "New Declaration") for the New Association, and that such document(s) shall include the provisions described in Paragraph 3(a)(ii) below. References below in this Agreement to the "Association" shall include the New Association and "Declaration" shall include the New Declaration ifPVWP elects to form a new homeowners association for the Property. (c) Transfer By lVffiOA. The MHOA shall have the right to transfer Maintenance obligations to a sub-association ("SHOA") or to the owner of an apartment project ("Transferee"). Upon the I\IIHOA's transfer of Maintenance obligations to a Transferee, (i) the Transferee shall become obligated to perform the obligations so transferred, (ii) the MHOA shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii) the MHOA shall be released from the obligations so transferred subject to the City determining that the requir=ents of Paragraph 4 below have been satisfied. Although it is possible that Maintenance obligations might be transferred to an apartment owner, PVWP does not believe it is likely that Maintenance obligations will be transferred to an apartment owner. 3. Assi!mment bv PVWP. LLC and Release of PVWP (a) Assignment. Upon PVWP's transfer of the Maintenance obligations to the MHOA, it is intended by the parties that the MHOAshall perform the Maintenance obligations either itself or by contractors. Such transfer will release PVWP from its obligations only if all of the following occur: (i) MHOAAccepts Obli~ation. The MHOAhas unconditionally accepted and assumed all of PVWP's obligations under this Agre=ent in wTiting, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of PVWP under this Agreement. The assignment shall also have been approved by the appropriate governing body of the MHOA by resolution or similar procedural method and approved 4/13/06 -3- 065550-0011305153.1 1-10 / > as to form and content by the City Attorney. The City shall not unreasonab lywithhold its consent to such assignment. (ii) MHOA's Master Declaration. The City has confirmed that there have been no modifications to the recorded Master Declaration previously approved by City, to any of the following provisions: the MHOA shall be responsible for the maintenance of the MHOA Maintained Public Areas, the MHOA~shall indernnify City for all claims, demands, causes of action, liability or loss related to or arising from the maintenance activities, and the MEOA shall not seek to be released by City from the maintenance obligations of this Agreement, without the prior consent of City and one hundred percent (100%) of the holders of first mortgages or owners of the Property. (iii) MHOA Insurance. The MHOA procures ,and formally resolves to maintain at its sole cost and expense, commencing no later than the City's release of all ofPVWP's landscape maintenance bonds, a policy of public liability insurance which at least meets the requirements of Section 5.1 (a) of the Master Declaration which reads as follows: (a) General Liability Insurance. The Master Association shall obtain a comprehensive general liability and property damage insurance policy insuring the Master Association and the Owners against liability incident to ownership or use of the Master Association Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best of "A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the Citys requirements the Master Association do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds; (iii) The policy shall contain the following severability clause (or language which is substantially the same): 4/13/06 -4- 065550-0011305153.1 1-11 ; , "The coverage shall apply separately to each insured except with respect to the limits of liability." This Section 5.1(a) may not be amended without the written consent of the City Planning Director or City A,ttorney. , The i\1HOA shall provide the City with a Certificafe of Insurance upon procurement of the policy as set forth above. (b) Release. When all conditions precedent in Paragraph 3( a) are fulfilled, PVWP shall be released from its obligations under this Agreement, including its security and insurance requir=ents. PVWP acknowledges that it has a contractual obligation to perform the terms and conditions of this Agreement until and unless released by the City from this Agreement. At least sixty (60) days prior to such transfer, PVWP shall give a notice to the City of PVWP's intent to transfer its Maintenance obligations herein and provide the Citywith the appropriate documents listed in Paragraph 3(a). 4. Assignment by lVffiOA and Release oflVffiOA. (a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall perform the Maintenance obligations either itself or by contractors. Such transfer will release the MHOAfrom its obligations only if all of the following occur: (i) Transferee Acce,pts Obligation. The Transferee has unconditionally accepted and assumed all of the MHOA's obligations under this Agreement in writing, such assignment provides that the burden of this Agre=ent remains a covenant running with the land, and the assignee expressly assumes the obligations of the MHOA under this Agreement. If the Transferee is an SHOA, the assignment shall also have been approved by the appropriate governing body of the SHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) SHOA's Declaration of Restrictions. If the Transferee is an SHOA, the City has reviewed and approved the SHOA's recorded Declaration of Restrictions to coniirnl that said document contains appropriate maintenance and insurance provisions. (iii) SHOA Insurance. The Transferee procures and formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance which meets the requirements set forth in Paragraph 3 (a) (iii) above. The SHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. 4/13/06 -5- 065550-0011 J051Hl 1-12 I I (b) Release. When all condition.s precedent in Paragraph 4( a) are fulfilled, the MHOA shall be released from its obligations under this Agreement, including its security and insurance requirements. At least sixty (60) days prior to such tran.sfer, MHOA shall give notice to the City ofMHOA's intent to tran.sfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragr~ph 4(a). c. , 5. PVWP's Insurance. Until such time as the MHOA has obtained the general liability insurance required by Section 5.1 (a) of the Master Declaration, PVWP agrees to procure and formally resolves to maintain at its sole cost and expense, commencing no later than the date that the landscape architect of record has submitted a letter of substantial conformance pertaining to work being completed to the General Services Department and the General Services Department Director or his designee has deemed the work complete and satisfactory, a policy of public liability insurance that would include, but is not limited to the following: General Liability Insurance. PVWP shall obtain a comprehensive general liability and properly damage insurance policy insuring PVWP again.st liability incident to ownership or use of the Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by AM. Best "A, Class V" or better with modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The CityofChula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements PVWP do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds and; (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability." PVWP shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. 6. Indemnitv. PVWP shall defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligation.s, errors, omission.s, demands, liability, or loss of any sort (herein" claims or liabilities"), that may be asserted or claimed by any person, firm, or entityibecause of or arising out of or in connection with the use, maintenance, or repair of the MHOA Maintained Public Areas. PVWP shall not have any liability under this section by reason of the Transferee's failure to maintain. 41B/()6 -6- 065550.0011305153.1 1-13 f / 7. Indemnity If Transferee. The document whereby PVWP transfers a Maintenance obligation to a Transferee shall be signed by both PVWP and the Transferee and shall set forth an express assumption of Maintenance and other obligations hereunder and shall include the following indemnification provision: Indemnitv. The Transferee shall defend, inderimify, and hold hannless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), which result from the Transferee's failure to comply with the requirements 0 f the obligations transferred hereby to Transferee. Transferee shall not have any liability under this Indemnity by reason of another party's failure to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This Indemnity may not be amended without the written consent of the City Director of Planning and Building or City Attorney. 8. Agreement Binding Upon Any Successive Parties. This Agreement shall be binding upon PVWP and any successive Declarant under the Master Declaration. This Agreement shall be binding upon ]\;fl{OA and any Transferees upon transfer of maintenance obligations to the ]\;fl{OA or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. 9. Agreement Runs With the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 10. Governinl! Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 11. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office. 12. Counteroarts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 4113/06 -7- 06555'0-0011 305153.1 1-14 I i 13. Recordinl!:. The parties shall cause this Agre=ent to be recorded in the Official Records of the San Diego County Recorder's Office within thirty (30) days after this Agre=ent has been approved by the City Council. 14. Miscellaneous Provisions. ., " (a) Notices. Unless otherwise provided in this'Agreement or by law, any and all notices required orperrnitted by this Agre=ent or by law to be served on or delivered to either party shall be in writing and shall be de=ed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States mail, certified orregistered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this Paragraph by giving written notice of such change to the other party. If To City: CITY OF CHULA VISTA Department of Public WorkslEngineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer If To NNP, LLC: PROCTOR V ALLEY WEST PARTNERS, LLC The San Miguel Ranch Company 85 Argonaut, Suite 205 Aliso Viejo, CA 92656 Attn: Mr. Stephen E. Hester (b) Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe orlimit the scope or intent of this Agre=ent or any of its terms. (c) Entire Agreement. This Agre=ent, together with any other written document referred to herein, embody the entire agre=ent and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, understandings and/or stat=ents shall be of no force and effect. This Agre=ent is not intended to supersede or amend any other agre=ent between the parties unless expressly noted. (d) Recitals; Exhibits. Anyrecitals set forth above and any attached exhibits are incorporated by reference into this Agre=ent. 41l3/06 -8- 065550~0011 305153.1 1-15 (e) Compliance With Laws. In the performance of its obligations under this Agreement, PVWP, its agents and employees, shall comply with any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. (f) Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority, and capacity and direction from its principal to enter into this Agreement, and that all resdlutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. (g) Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego County Recorder's Office. (h) Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to person or circumstance, shall not be affected thereby and each term, covenant or condition shall be valid and be enforced to the fullest extent permitted by law. (i) Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. [REMAINDER OF P AGE INTENTIONALLY LEFT BLANK] 4/13/06 -9- 065550-0011305153.1 1-16 , , IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. "Cityll: CITY OF CHULA VISTA, a municipaJ. c9Iporation , By: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk APPROVED AS TO FORM: By: Ann Moore, City Attorney "PVWP": PROCTOR VALLEY WEST PARTNERS, LLC, a Delaware limited liability company By: TrimarkPacific-Montecito, LLC, a California limited liability company By: TPH LLC, a California limited liability company, Member Manager By: Trimark Ventures, Inc., a California corporation, Its: Memb~~ By Stephen E. Hester Its; \T~G\w fll;;~~dcl* ~~~, V,1:..re YV""e~t 4/13/06 -10- 065550-0011305153.1 1-17 / STATE OF CALIFORt'ITA ) ) ss. COUNTY OF O~ iJ-"'~V ) On '-11 t. l , 200~, before me, J ' ~ VG\ ~ i ( , VI D -nV I f IA. L, I ( \- (here insert name and title of officer), personally appeared ,( 1-+1. l!--e , V1 ~ .fiJ-i-i- .'1 personally known to me (€lr prnw.r! t" mp Q" me gao;i. sf satisfactGl)' Gviaooce} to be the personW whose name(s-Yis/ar€Subscribed to the within instrument and acknowledged to me that hel~ executed the same in hislhcrt1:llelr authorized capaci~ and that by his~ignatureM on the instrument, the person~r the entity upon behalf of which the person(s}acted, executed the instrument. WITNESS my hand and official, seal. ) , ~ 1/1' tM fi'--/ SIgnature .' -, I I @ J. W/lIID Ccmm. IaIcn (I l.clZ_ . IlcIaIy NlIc . C - .... c:.ng. CoIwIIr _c-....._.. (Seal) '." ST ATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , 200_, before me, (here insert name and title of officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that byhislher/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) 4/13/06 -11- 065550-0011305153.1 1-18 EXHIBIT "A" Lel!al Descriotion 4/13/06 065550-0011305153.1 /-/1 EXHIBIT "A" LEGAL DESCRIPTION . , " , ALL THAT LAND INCLUSIVE OF CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PLANNING AREA "J-1', ACCORDING TO MAP THEREOF NO. 15258 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON FEBRUARY 8, 2006 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA )9~/-#, a~ 3-3o-ZOD~ DAVID W. AMBLER L.S.7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 :DV M:\2091\057\Lega! DescriptionslA04 Esmts & Maint J-1 c.doc WO 2091-0057 3129/06 1-20 EXHIBIT "B" Plats Showing Public Areas To Be Privately Maintained 4/13/06 1- z I 065550.0011305153.1 ..0: ,~ "'l ~ o ~ ~ ~ g \;:,~ ! ~ .&. ~ \;j, ';< ~ -:. t ' ,\' I " '€I \ \ b, g VTIlA1 VlflfN 2DlO~\' \' \ ~" \ 5 _ I \ \ '!!?~ "'f;~ i \ 3- _ ,I \" ~~~r\"i%\O ~~ I \ ~~~~~~i'~ ~~ \ ~i""\;1 ~<lYo'ID~~'s " ..-.T 'Z c- I \ 0'. ~ 0' - ,< 0:;) :: 7- c!.. ~, .<,- - -:- . ~ - u 00 ~<7-_ .....0::,- ........>.-2.1:- _' '2.,., ~~.<,G3 ';t; :- ,....1 :t .~ '{; po. '" ~ >~, <\,l:\ ,....1ifJ -,.<, :=. '....,-1 ~ ~..o-\ up.. 'p ;- '3 IN \ <. -' ..e W _., '$ f.,) -0 ~~~" , u '$ "" , , \\", '.,.--------. ~--- --~\ ~ - I'l~ ~ ~~ \ c.i UU f.,)' c.:: "- ~ , \ I I \ ----, -\ \ \ \ \ \':"" '3 ';, S ~.~ .,# '~ 1~ --- ----- \ \ .. '" '" <'l - <5 ~ -- \ --\-' ---\~ \&. \, '" '0 \ , f EXHIBIT "C" Maintenance ResDonsibilities City of Chnla Vista Area HOA Maintenance Maintenance Median and parkways within Landscaping in the medians Maintenance of curb, gutter, those portions of those public and parkways including sidewalks and pavement. road shown on Exhibit "B" irrigation, trimming and pruning of trees, and maintenance and irrigation of turf areas. ., 4113/06 065550-0011 305153.1 1-23 , , THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCil:; , ", Dated: Grant of Easements, License and Maintenance Agreement Between the City of Chula Vista and Proctor Valley West Partners, LLC Chula Vista Tract No. 99-04 San Miguel Ranch Planning Area "J-2" - Estrella 1-24 ! , RECORDING REQUESTED BY MTI WHEN RECORDED RETURN TO: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 .. i. , , No transfer tax is due as this is a conveyance to a public agency for less than a fee interest for which no cash consideration has been paid or received. (ABOVE SPACE FOR RECORDER'S USE) GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 99-04 SAN MIGUEL RANCH PLANNING AREA "J-2" - ESTRELLA (DEDICATED EASEMENTS) This GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT ("Agreement") is made as of this _ day of ,200_, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and PROCTOR V ALLEY WEST PARTNERS, LLC, a Delaware limited liability company ("PVWP"). RECITALS A. This Agre=ent concerns and affects certain improv=ents with portions of the real property located in Chula Vista, California, more particularly described in Exhibit" A" attached hereto and incorporated herein ("Property"). The Property is part of a planned residential development project commonly known as "San Miguel Ranch", Chula Vista Tract No. 99-04, being the subj ect of the City Council Resolution No. 2001-261 (the "City Resolution"). For purposes of this Agre=ent, the term "Proj ect" shall refer to the overall SanMiguel Ranch project, including, but not limited to the "Property." B. PVWP is the owner ofthe Property and the Declarant by assignment under that certain Master Declaration of Restrictions For San Miguel Ranch Master Association filed for record in the Official Records of San Diego County, California (the "Master Declaration"). The Master Declaration provides for SAN MIGUEL RANCH MASTER ASSOCIA nON, a California Nonprofit Mutual Benefit Corporation ("MHOA") to maintain certain areas in the Project. Furthermore, one or more sub- associations maybe formed ("SHOA") for a particularproject(s) within San Miguel Ranch Planned 4n3/06 -1- 065550-0011305155.1 1-25 ; / Development, the purposes of which would include the maintenance of certain amenities within the proj ect over which the SHOA has jurisdiction. C. The Property is or will become covered by that the certain final map(s) (the "Final Maps") described on Exhibit" A" attached hereto and refere:q.ced in the title to this Agreement. : .~ D. In order for PVWP to obtain the Final Maps and fur the City to have assurance that the maintenance of certain areas within the Project would be provided for, the City and PVWP entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which PVWP agreed that maintenance of such areas shall be accomplished by the creation of a home owners association. The Parcels shown on Exhibit" B" attached hereto describe those particular areas which were dedicated to the public on one or more of the Final Maps but which include landscaping improvements to be maintained by the MHOA. The public areas to be maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas." E. The City desires to grant to PVWP easements for landscape maintenance purposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in order to facilitate the obligations ofPVWP as set forth in Supplemental Subdivision Improvement Agreements, adopted pursuant to the City Resolution. F. This Agreement supplements that certain Grant ofEasements, License and Maintenance Agreement Chula Vista Tract No. 99-04 San Miguel Ranch Planning Area" J -2" - Estrella recorded on February 8, 2006 as Document No. 2006-0095531 which failed to show all of the MHOAMaintained Public Areas on the attached exhibits. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as set forth below. 1. Grant of Easements. The City hereby grants to PVWP and its agents, successors and assigns, non-exclusive easements and rights-of-way over and across the MHOA Maintained Public Areas for the purpose of maintaining, repairing and replacing landscaping improvements located thereon. These grants are made without any warranties of anykind, express or implied, other than the warranty stated in Paragraph 14(1) below. 2. Maintenance Obli!;ations (a) PVWP to Initially Maintain. PVWP hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, those improvements within the MHOA Maintained Public Areas which are described on Exhibit "e" attached hereto, at a level equal to or better than the level of maintenance which is acceptable to the Director of Public Works Operations, at his/her discretion and equivalent to City or Connunity Facilities District maintained right-of-way facilities. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair, the provision of water and replacement obligations described herein and on Exhibit 4/13/06 -2- 065550-0011 305155.1 1-26 ! "C" hereto and shall also include repair and replacement at no cost to the City of any City owned property that is damaged during performance of the maintenance responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of the City. (b) Transfer to MHOA. Upon PVWP tr~fer of maintenance obligations to the MHOA, (i) the MHOA shall become obligated to perform. the obligations so transferred, and (ii) subject to the City determining that the requirrmentsbfparagraph 3 below have been satisfied, PVWP shall be released from such obligation. Transfer of maintenance obligations to the MHOA may be phased (that is, there maybe multiple transfers). PVWP represents to City that it intends to, and has the authority to, unilaterally transfer said maintenance obligations either (i) to the MHOA and that such transfer has been provided for in the Master Declaration, and that such document( s) include the provisions described in Paragraph 3(a)(ii) below, or alternatively (ii) to a new homeowners association (the "New Association") established for maintenance of the open space and thoroughfare median areas in the Property, and that such transfer shall be provided for in the declaration of restrictions (the "New Declaration") for the New Association, and that such document(s) shall include the provisions described in Paragraph 3(a)(ii) below. References below in this Agreement to the "Association" shall include the New Association and "Declaration" shall include the New Declaration ifPVWP elects to form a new homeowners association for the Property. (c) Transfer By MHOA. TheMHOA shall have the right to transfer Maintenance obligations to a sub-association ("SHOA") or to the owner of an apartment project ("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i) the Transferee shall become obligated to perform the obligations so transferred, (ii) the MHOA shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii) the MHOA shall be released from the obligations so transferred subj ect to the City determining that the requirements of Paragraph 4 below have been satisfied. Although it is possible that Maintenance obligations might be transferred to an apartment owner, PVWP does not believe it is likely that Maintenance obligations will be transferred to an apartment owner. 3. Assilmment bv PVWP. LLC and Release of PVWP (a) Assignment. Upon PVWP's transfer of the Maintenance obligations to the MHOA, it is intended by the parties that the MHOA shall perform the Maintenance obligations either itself or by contractors. Such transfer will release PVWP from its obligations only if all of the following occur: (i) MHOAAcceots Obligation. The MHOA has unconditionally accepted and assumed all of PVWP's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of PVWP under this Agreement. The assignment shall also have been approved by the appropriate governing body of the MHOA by resolution or similar procedural method and approved 4/13/06 -3- 065550-0011305155.1 1-27 I , as to form and content by the City Attorney. The City shall not unreasonablywithhold its consent to such assignment. (ii) MHOA's Master Declaration. The City has confumed that there have been no modifications to the recorded Master De<;laration previously approved by City, to any of the following provisions: the MHOA sl1allhe responsible for the maintenance of the MHOAMaintained Public Areas, the MHOA shall indemnify City for all claims, demands, causes of action, liability or loss related to or arising from the maintenance activities, and the MHOA shall not seek to be released by City from the maintenance obligations of this Agre=ent, without the prior consent of City and one hundred percent (100%) of the holders offust mortgages or owners of the Property. (iii) MHOA Insurance. The MHOA procures and formally resolves to maintain at its sole cost and expense, commencing no later than the City's release of all ofPVWP's landscape maintenance bonds, a policy of public liability insurance which at least meets the requir=ents of Section 5.1 (a) of the Master Declaration which reads as follows: (a) General Liability Insurance. The Master Association shall obtain a comprehensive general liability and property damage insurance policy insuring the Master Association and the Owners against liability incident to ownership or use of the Master AssociationProperty. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best of "A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements the Master Association do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds; (iii) The policy shall contain the following severability clause (or language which is substantially the same): 4/13/06 -4- 065550~00l1 305155.1 1-28 "The coverage shall apply separately to each insured except with respect to the limits ofliability." This Section 5.1(a) may not be amended without the written consent of the City Planning Director or City AJ;torney. " The MHOA shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. (b) Release. When all conditions precedent in Paragraph 3( a) are fulfilled, PVWP shall be released from its obligations under this Agreement, including its security and insurance requirements. PVWP acknowledges that it has a contractual obligation to perform the tenns and conditions of this Agreement until and unless released by the City from this Agreement. At least sixty (60) days prior to such transfer, PVWP shall give a notice to the City of PVWP's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3(a). 4. Assilmment bv MHOA and Release ofMHOA. (a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall perform the Maintenance obligations either itself or by contractors. Such transfer will release the MHOA from its obligations only if all of the following occur: (i) Transferee Acc<:;pts Obligation. The Transferee has unconditionally accepted and assumed all of the MHOA's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of the :tvIHOA under this Agreement. If the Transferee is an SHOA, the assignment shall also have been approved by the appropriate governing body of the SHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) SHOA's Declaration ofRestrictions. If the Transferee is an SHOA, the City has reviewed and approved the SHOA's recorded Declaration of Restrictions to con1im1 that said document contains appropriate maintenance and insurance provisions. (iii) SHOA Insurance. The Transferee procures and formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance which meets the requirements set forth in Paragraph 3 (a) (ill) above. The SHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. 4/lJ/Q6 -5- 065550~OOll 305155.1 1-29 I I (b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the I.'vfHOA shall be released from its obligations under this Agre=ent, including its security and insurance requir=ents. At least sixty (60) days prior to such transfer, I.'vfHOA shall give notice to the City ofl.'vfHOA's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragra,ph 4(a). , . 5. PVWP's Insurance. Until such time as the l.'vfHoA has obtained the general liability insurance required by Section 5.1 (a) of the Master Declaration, PVWP agrees to procure and formally resolves to maintain at its sole cost and expense, commencing no later than the date that the landscape architect of record has submitted a letter of substantial conformance pertaining to work being completed to the General Services Department and the General Services Department Director or his designee has de=ed the work complete and satisfactory, a policy of public liability insurance that would include, but is not limited to the following: General Liability Insurance. PVWP shall obtain a comprehensive general liability and property damage insurance policy insuring PVWP against liability incident to ownership or use of the Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best "A, Class V" or better with modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The CityofChula Vista shall benarnedas an additionally insured party to such insurance pursuant to the City's requirements PVWP do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds and; (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability." PVWP shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. 6. Indemnitv. PVWP shall defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), that maybe asserted or claimed by any person, firm, or entity because of or arising out of or in connection with the use, maintenance, or repair of the I.'vfHOA Maintained Public Areas. PVWP shall not have any liability under this section by reason of the Transferee's failure to maintain. 4/13/06 -6- 065550-0011305155.1 1-30 7. Indemnity If Transferee. The document whereby PVWP transfers a Maintenance obligation to a Transferee shall be signed by both PVWP and the Transferee and shall set forth an express assumption of Maintenance and other obligations hereunder and shall include the following indemnification provision: Indemnitv. The Transferee shall defend, inderrinify, and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), which result from the Transferee's failure to comply with the requirements of the obligations transferred hereby to Transferee. Transferee shall not have any liability under this Indemnity by reason of another party's failure to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This Indemnity may not be amended without the written consent of the City Director of Planning and Building or City Attorney. 8. Agreement Binding Upon Any Successive Parties. This Agreement shall be binding upon PVWP and any successive Declarant under the Master Declaration. This Agreement shall be binding upon :MEOA and any Transferees upon transfer ofmaintenance obligations to the :MEOA or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. 9. Agreement Runs With the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and otherparties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 10. Governinl! Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. II. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office. 12. Countervarts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 4/13/06 -7- 065550-0011 305155.1 1-31 13. Recordinl!. The parties shall cause this Agre=ent to be recorded in the Official Records of the San Diego County Recorder's Office within thirty (30) days after this Agre=ent has been approved by the City Council. 14. Miscellaneous Provisions. . (a) Notices. Unless otherwise provided in this-Agreement or by law, any and all notices required or permitted by this Agre=ent or by law to be served on or delivered to either party shall be in writing and sha1l be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States mail, certified orregistered mail, retum 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. If To City: CITY OF CHULA VISTA Department of Public Works/Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer If To PWVP LLC: PROCTOR V ALLEY WEST PARTNERS, LLC The San Miguel Ranch Company 85 Argonaut, Suite 205 Aliso Viejo, CA 92656 Attn: NIT. Stephen E. Hester (b) Captions. Captions in this Agre=ent 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 Agre=ent, together with any other written document referred to herein, =bodythe entire agre=ent and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agre=ents, understandings andlorstat=ents sha1l be of no force and effect. This Agre=ent is not intended to supersede or amend any other agre=ent between the parties unless expressly noted. (d) Recitals; Exhibits. Anyrecitals set forth above and any attached exhibits are incorporated by reference into this Agreement. 4/13f(X) -8- 065550-0011 305155.1 1-32 (e) Compliance With Laws. In the performance of its obligations Wlder this Agreement, PVWP, its agents and =ployees, shall complywith any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. (f) Anthority of Signatories. Each signatQry and party hereto hereby warrants and represents to the other party that it has legal authority.and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. (g) Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego County Recorder's Office. (h) Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or Wlenforceable, the remainder of this Agre=ent, or the application of such term, covenant or condition to person or circumstance, shall not be affected thereby and each term, covenant or condition shall be valid and be enforced to the fullest extent permitted by law. (i) Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. [REMAINDER OF PAGE lNTENTIONALL Y LEFT BLANK] 4/13/06 -9- 065550-0011305155.1 1-33 I I IN WITNESS WHEREOF, the parties hereto have caused this Agre=ent to be executed the day and year first set forth above. "City": CITY OF OlliLA VISTA, a municipal COijJOration ., , By: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk APPROVED AS TO FORM: By: Ann Moore, City Attorney "PVWP": PROCTOR V ALLEY WEST PARTNERS, LLC, a Delaware limited liability company By: Trimark Pacific-Montecito, LLC, a California limited liability company By: TPH LLC, a California limited liability company, Member Manager By: Trimark Ventures, Inc., a California corporation, Its: Mem~ ~ By St~h~~ Its: Viee "r~ui>l8R-t 'E..?<'~. \(\ c...e Yll'-e~. 4/13/06 -10- 065550MOOll 305155.1 1-34 f / STATE OF CALIFORNIA ) ) ss. COUNTY OF 6 v? ,. '\V ) On ~I) ~ 7/01:, , 200_, before me, J (here insert name and title of officer), personally appeared ~v~ f) VI o-J{O I -Va b /1 L \.(~,p l€' - $--" +-fS-i-c- "" personally known to me (,Gr ~'v, cd cu me U11 tLa saris gf Eatis~ to be the person~ whose namejM1S/~subscribed to the within instrument and acknowledged to me that he/sfieflhey executed the same in his/her,'tL,,~ dIlthorized capacity~ and that by hislher/their signatureEsJ on the instrument, the persor:.ca1; or the entity upon behalf of which the person.(s}acted, executed the instrument. WITNESS my hand and official seal. Signature 9-. 7}1J../[ t ~ ~ J,WARD f ~ ~1IaIcn" ,.,_ '-71'ubac. ~ .. ~~~ Mv~....... (Seal) STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On ,200_, before me, (here insert name and title of officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. "WITNESS my hand and official seal. Signature (Seal) 4113/06 -11- 065550-0011305155.1 1-35 EXHIBIT "A" Lel!:al Description 4113/06 065550-0011 305155.1 I -:> .. :.- f, EXHIBIT "A" LEGAL DESCRIPTiON , , ALL THAT LAND INCLUSIVE OF CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PLANNING AREA "J-2", ACCORDING TO MAP THEREOF NO. 15259 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON FEBRUARY 8, 2006 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA &~ #' d~ 3-go-Zoo~ / DAVID W. AMBLER L.S.7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 :DV M:\Q061\418\Legal DescriptionslA04 Esmts & Maint J-2 c.dcc WO 0061-0418 3/29/06 1-37 EXHIBIT "B" Plats Showing Public Areas To Be Privately Maintained 4/13/06 /- :;g 065550-0011305155.1 :J PI C) "- fiJ~' b$~ is ~ f;l ~;t) ~ ~ ~~ ..., .: .,,:~;":<:)' ,Q;; ~~ ~ "', 00)$ s.... -~ <:) ;/0$ I" :j !;i;J (j ~ ( \ \ \ I ~ <::; ('1 . ' 0'. .-,. 0'<- O:.z.} - 7-d- ~ ,.....<-; - 0vr; 'f-< <- 7- -' - ~ -- ...... I:-"' 7- ~~ - 7- ,,\ - <...,.@ ~ r~""""'- ...... ,\ '"XC!l~U: ~/...-, <\,.0 ~rn :;:1< '~:r. Up.. ti1 u <~ "" ~ \ ~ '0 -;' f' ~r 2. -'- ~ _~~ 0" ;..< ..... -"'1- ~ ?~O ~ ~Ie ~~ ~ '1,& ....> \11.<>-- , . " ~~: ..iJ '~ ... ~ l co .. If.. .LO'] >- / '- /'--- / /I'--r~ \ i I \ \,' I ! ,\ " ! i \ \ .I I \ \ \ I I \ . \ I <C. f ' ,~ V'lVd ,,/ I/_~J " " ~,.....,i..., ~ f' '~, --- Q: \ - ----- '* ~. "-"'C <C. rn \ - 0:. <C. ~I ___ -.1 __ --- .,.J. 41 ,....10- \, U ! W .~----Q:' --"" _ (.)-- , ~ _ \/a:: /,_!, 0:.' ! "'C _ \ /__- _ \ 0..-./ /" \ \,/ " ,,"- ''. .-/ \ ~' E-< l'ol ll:: o ,..:l ..: p ... ~ ~ . " ",(,0. ., O't !> .-v ~\,,~....\ Y < 'J,\UDP;$V Sp.~.~,S;.,G '..,>;,Y'" '\ ':: ~ , ~ ... <:i '" 'i ';, ., >- ~ , 1/ r <C. ci U ~ ~ 1.'~ ot.,'r<J. \" t..J:s.~ '! ~ '2y,~ .~ <;; ~lh - l.,~""1 i/Q: Hi ~ sO,;!: i) < ; .'\\ ,\-'39 I I I EXHIBIT "C" Maintenance Responsibilities " " City of Chula Vista Area BOA Maintenance Maintenance Parkways within those Landscaping in the parkways Maintenance of curb, gutter, portions of those public road including irrigation, trimming sidewalks and pavement. shown on Exhibit "B" and pruning of trees, and maintenance and irrigation of turf areas, and maintenance of any proj ect signage or similar proj ect monumentation. 4/13/06 065550-0011305155.1 1-40 I I THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIl,' . . . ~ r.. t . 1'-.; / /; ! '- ~ I~ )r/'--/~_(/(7 c/ Unn Modte l =1&ty Attorney Dated: 91z..s J 0 c.~ , I Grant of Easements, License and Maintenance Agreement Between the City of Chula Vista and Proctor V alley West Partners, LLC Chula Vista Tract No. 99-04 San Miguel Ranch Planning Area "K" - Bonterra 1-41 / RECORDING REQUESTED BY Ai'ID WHEN RECORDED RETURN TO: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 " No transfer tax is due as this is a conveyance to a public agency for less than afee interestfor which no cash consideration has been paid or received. (ABOVE SPACE FOR RECORDER'S USE) GR.A1~T OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 99-04 SAN MIGUEL RANCH PLANNING AREA "K" - BONTERRA (DEDICATED EASEMENTS) This GRANT OF EASEMENTS, LICENSE AND .MAINTENANCE AGREEMENT ("Agreement") is made as of this _ day of ,200_, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and PROCTOR VALLEY WEST PARTNeRS, LLC, a Delaware limited liability company ("PVWP"). RECITALS A. This Agreement concerns and affects certain improvements within portions of the real property located in Chula Vista, California, more particularly described in Exhibit" A" attached hereto and incorporated herein ("Property"). The Property is part of a planned residential development proj ect commonly known as "San Miguel Ranch", Chula Vista Tract No. 99-04, being the subject of the City Council ResolutionNo. 2001-261 (the "City Resolution"). For purposes of this Agre=ent, the term "Proj ect" shall refer to the overall San Miguel Ranch project, including, but not limited to, the "Property. " B. PVWP is the owner of the Property and the Declarant by assignment under that certain Master Declaration of Restrictions For San Miguel Ranch Master Association filed for record in the Official Records of SanDie go County, California (the "Master Declaration"). The Master Declaration provides for SAi'i MIGUEL RANCH MASTERASSOCIA TION, a CaliforniaNonprofit Mutual Benefit Corporation ("1vlHOA"), to maintain certain areas in the Proj ect. Furthermore, one or more sub- associations ("SHOA") may be formed for a particular project( s) within San Miguel Ranch Planned 4/13/06 -1- 065550~00l1 305156.1 1-42 Development, the purposes of which would include the maintenance of certain amenities within the project over which the SHOA has jurisdiction. C. The Property is or will become covered by the final map( s) (the "Final Maps ") described on Exhibit" A" attached hereto and referenced in the title of this Agreement. " " D. In order for PVWP to obtain the Final Maps and fDr the City to have assurance that the maintenance of certain areas within the Proj ect would be provided for, the City and PVWP entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which PVWP agreed that maintenance of such areas shall be accomplished by the creation of a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those particular areas which were dedicated to the public on one or more of the Final Maps but which include landscaping improvements to be maintained by the MHOA. The public areas to be maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas." E. The City desires to grant to PVWP easements for landscape maintenance purposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in order to facilitate the obligations ofPVWP as set forth in Supplemental Subdivision Improvement Agreements, adopted pursuant to the City Resolution. F. This Agreement supplements that certain Grant ofEasements, License and Maintenance Agreement Chula Vista Tract No. 99-04 San Miguel Ranch Planning Area "K" - Bonterra recorded on February 8, 2006 as DocumentNo. 2006-0095580 which failed to show all oftheMHOAMaintained Public Areas on the attached exhibits. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as set forth below. I. Grant of Easements. The City hereby grants to PVWP and its agents, successors and assigns, non-exclusive easements and rights-of-way over and across the MHOA Maintained Public Areas for the purpose of maintaining, repairing and replacing landscaping improvements located thereon. These grants are made without any warranties of any kind, express or implied, other than the warranty stated in Paragraph 14(1) below. 2. Maintenance Oblil!ations (a) PVWP to Initially Maintain. PVWP hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, those improvements within the MHOAMaintainedPublic Areas which are described on Exhibit "e" attached hereto, at a level equal to or better than the level of maintenance which is acceptable to the Director of Public Works Operations, at hislher discretion and equivalent to City or Community Facilities District maintained right-of-way facilities. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair, the provision of water and replacement obligations described herein and on Exhibit 4/13/06 -2- 065550.0011305156.1 1-43 I / "C" hereto and shall also include repair and replacement at no cost to the City of any City owned property that is damaged during performance of the maintenance responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of the City. (b) Transfer to MHOA. Upon PVWP's trqnsfer of maintenance obligations to the MEOA, (i) the MEOA shall become obligated to ]J'6rform the obligations so transferred, , and (ii) subject to the City determining that the requirements of Paragraph 3 below have been satisfied, PVWP shall be released from such obligation. Transfer of maintenance obligations to the MEOA may be phased (that is, there may be multiple transfers). PVWP represents to City that it intends to, and has the authority to, unilaterally transfer said maintenance obligations either (i) to the MEOA and that such transfer has been provided for in the Master Declaration, and that such document(s) include the provisions described in Paragraph 3(a)(ii) below, or alternatively (ii) to a new homeowners association (the "New Association") established for maintenance of the open space and/or thoroughfare median areas in the Property, and that such transfer shall be provided for in the declaration of restrictions (the "New Declaration") for the New Association, and that such document(s) shall include the provisions described in Paragraph 3(a)(ii) below. References below in this Agreement to the "Association" shall include the New Association and "Declaration" shall include the New Declaration ifPVWP elects to form a new homeowners association for the Property. (c) Transfer By MHOA. The MEOA shall have the right to transfer Maintenance obligations to an SHOA or to the owner of an apartment project ("Transferee"). Upon the MEOA's transfer of Maintenance obligations to a Transferee, (i) the Transferee shall become obligated to perform the obligations so transferred, (ii) the MEOA shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii) the MEOA shall be released from the obligations so transferred subject to the City determining that the requirements of Paragraph 4 below have been satisfied. Although it is possible that Maintenance obligations might be transferred to an apartment owner, PVWP does not believe it is likely that Maintenance obligations will be transferred to an apartment owner. 3. Assi~nment bv PVWP and Release of PVWP (a) Assignment. Upon PVWP's transfer of the Maintenance obligations to the MEOA, it is intended by the parties that the MEOA shall perform the Maintenance obligations either itself or by contractors. Such transfer will release PVWP from its obligations only if all of the following occur: (i) MEOAAcceuts Obli~ation. The MEOAhas unconditionally accepted and assumed all of PVWP's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of PVWP under this Agreement. The assignment shall also have been approved by the appropriate governing bodyoftheMEOA by resolution or similar procedural method and approved 4/13/06 -3- 065550~0011305156.1 1-44 , , , as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) l'vfr!OA's Master Declaration. The City has confirmed that there have beenno modifications to the recorded Master De"laration previously approved by City, to any of the following provisions: thel'vfr!OA sl:iallb.e responsible for the maintenance of the l'vfr!OA Maintained Public Areas, the l'vfr!OA ~hall indemnify City for all claims, demands, causes of action, liability or loss related to or arising from the maintenance activities, and the l'vfr!OA shall not seek to be released by City from the maintenance obligations of this Agreement, without the prior consent of City and one hundred percent (100%) of the holders of first mortgages or owners of the Property. (iii) l'vfr!OA Insurance. The l'vfr!OA procures and formally resolves to maintain at its sole cost and expense, commencing no later than the City's release of all ofPVWP's landscape maintenance bonds, a policy of public liability insurance which at least meets the requirements of Section 5.1 (a) of the Master Declaration, which reads as follows: (a) General Liability Insurance. The Master Association shall obtain a comprehensive general liability and property damage insurance policy insuring the Master Association and the Owners against liability incident to ownership or use of the Master Association Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best of "A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The CityofChula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements the Master Association do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds; (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability." 4/13/06 -4- 065550-0011305156.1 1-45 , , , This Section 5.1 (a) may not be amended without the written consent of the City Planning Director or City Attorney. The iVlHOA shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. : , (b) Release. When all conditions precedent in P~ragraph 3( a) are fulfilled, PVWP shall be released from its obligations under this Agre=ent, including its security and insurance requirements. PVWP acknowledges that it has a contractual obligation to perform the terms and conditions ofthis Agreement until and unless released by the City from this Agreement. At least sixty (60) days prior to such transfer, PVWP shall give a notice to the City of PVWP's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3(a). 4. Assignment bv MHOA and Release of MHOA. (a) Assignment. Upon iVlHOA's transfer of the Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall perform the Maintenance obligations either itself or by contractors. Such transfer will release the iVlHOA from its obligations only if all of the following occur: (i) Transferee Accents Obligation. The Transferee has unconditionally accepted and assumed all of the iVlHOA's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of the iVlHOA under this Agreement. If the Transferee is an SHOA, the assignment shall also have been approved by the appropriate governing body of the SHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) SHOA's Declaration ofRestrictions. If the Transferee is an SHOA, the City has reviewed and approved the SHOA's recorded Declaration of Restrictions to confirm that said document contains appropriate maintenance and insurance provisions. (iii) SHOA Insurance. The Transferee procures and formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance which meets the requirements set forth in Paragraph 3 (a) (ili) above. The SHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the iVlHOA shall be released from its obligations under this Agreement, including its security and insurance requirements. At least sixty (60) days prior to such transfer, iVlHOA shall give notice 4113/06 -5- 065550-0011305156.1 1-46 I f to the City ofiYIHOA's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 4(a). 5. PVWP's Insurance. Until such time as the MHOA has obtained the general liability insurance required by Section 5.1 (a) of the Master Declaration, PVWP agrees to procure and formally resolves to maintain at its sole cost and expense, commencing 00 later than the date that the landscape architect of record has submitted a letter of substantial conformance pertaining to work being completed to the General Services Department and the General Services Department Director or his designee has deemed the work complete and satisfactory, a policy of public liability insurance that would include, but is not limited to the following: General Liabilitv Insurance. PVWP shall obtain a comprehensive general liability and property damage insurance policy insuring PVWP against liability incident to ownership or use of the Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best "A, Class V" or better with modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The CityofChula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements PVWP do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds and; (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability." PVvVP shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. 6. Indemnity. PVWP shall defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), that may be asserted or claimed by any person, finn, or entity because of or arising out of or in connection with the use, maintenance, or repair of the iYlHOA Maintained Public Areas. PVWP shall not have any liability under this section by reason of the Transferee's failure to maintain. 7. Indemnity If Transferee. The document whereby PVWP transfers a Maintenance obligation to a Transferee shall be signed by both PVWP and the Transferee and shall set forth an express assumption of Maintenance and other obligations hereunder and shall include the following indemnification provision: 4/13fQ6 -6- 065550-0011 305156.1 1-47 f f Indemnity. The Transferee shall defend, indemnify, and hold hannless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities"),whichresult from the T,ransferee's failure to comply with the requirements of the obligations transferred hereby to Transferee. , Transferee shall not have any liability under this Indemnity by reason of another party's failure to maintain. It is specifically intended that the City shall have therightto enforce this Indemnity. This Indemnity may not be amended without the written consent of the City Director of Planning and Building or City Attorney. 8. Agreement Bindinl;1 U non Anv Successive Parties. This Agreement shall be binding upon PVWP and any successive Declarant under the Master Declaration. This Agreement shall be binding upon MHOA and any Transferees upon transfer of maintenance obligations to the MHOA or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. 9. Agreement Runs With the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 10. Governinl! Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 11. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the SanDiego County Recorder's Office. 12. Counternarts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 13. Recordinl!. The parties shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved by the City Council. 4113/06 -7- 065550-0011 305156.1 1-48 , , 14. Miscellaneous Provisions. (a) Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly Served, delivered and received when personally delivered to the party to whom it is directed !'l::; in lieu thereof, when three (3) business days have elapsed following deposit in the United'States mail, certified orregistered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this Paragraph by giving written notice of such change to the other party. If To City: CITY OF CHULA VISTA Department of Public WorkslEngineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer If To PVWP: PROCTOR VALLEY WEST PARTNERS, LLC The San Miguel Ranch Company 85 Argonaut, Suite 205 Aliso Viejo, CA 92656 Attn: Mr. Stephen E. Hester (b) Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. (c) Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire agreement and understanding between the parties regarding the subj ect matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, understandings and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. (d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. (e) Compliance With Laws. In the performance of its obligations under this Agreement, PVWP, its agents and employees, shall comply with any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. 4/13/06 -8- 065550-0011 305156.1 1-49 ! (f) Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. (g) Modification. This Agre=ent may no! be \llodified, terminated or rescinded, in whole orin part, except by written instrument duly execut~d and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records ofthe SanDiego County Recorder's Office. (h) Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to person or circumstance, shall not be affected thereby and each term, covenant or condition shall be valid and be enforced to the fullest extent permitted by law. (i) Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. [RElY1AINDER OF PAGE INTENTIONALLY LEFT BLANK] 4/13/06 -9- 065550.0011305156.1 1-50 , ! IN WITNESS WHEREOF, the parties hereto have caused this Agre=ent to be executed the day and year first set forth above. "City": CITY OF CHULA VIS1' A,~a municipal corporation . By: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk APPROVED AS TO FORM: By: Ann Moore, City Attorney npvwp": PROCTOR VALLEY WEST P ARINERS, LLC, a Delaware limited liability company By: TrimarkPacific-Montecito, LLC, a California limited liability company By: TPH LLC, a California limited liability company, Member Manager By: Trimark Ventures, Inc., a California corporation, Its: Member By s:$~~k Stephen . Hester Its: ~{i\.-"" FJ.I",,;,~dGuL n t Y:::.ee.. \1.\ <:..-e.... ,"'"...-e"7. 4/13/06 -10- 065550-0011305156.1 1 -51 STATE OF CALIFORNIA ) _.; ) ss. COUNTY OF {) r .'\. 1\.J('-' ) - " On 'i / 21 /t)'" ,200_, before me, 0. VV'[t.i--J, VI ~ Tzt Ii i-f fel ~ 11'-- (here insert name and title of officer), personally appeared \ (..$-1' tJ 0J V'_ c;- ++' s" -tC '-- , J personally known to me (or prgH~a ts me Sf" tl", La';' of sal;,fad6f)' 8'{Wf>l1rf>) to be the perso~ whose nameksJls;)>re subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/her7'tlle"rr authorized capacity(i.eS), and that by his/h",/thc;' signature('s)On the instrument, the person(5t or the entity upon behalf of which the person(g)acted, executed the instrument. W1TNESS my hand and ofpcial seal. Signature (=1 .1['1 t)J[ (~ lJ @ J. WN/O _ Ccmmlslion # 1412.4l1i ~ .. NclaryI'Ul:ll:.Cclb.... Clanp CounI\t Ittc.nm. ......... (Seal) STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On ,200_, before me, (here insert name and title of officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W1TNESS my hand and official seal. Signature (Seal) 4/13/06 -11- 065550-0011305156.1 1-52 EXHIBIT "A" Lel!al Descrivtion 4/13/06 065550-0011305156.1 I-53 EXHIBIT "A" LEGAL DESCRIPTION ., ALL THAT LAND INCLUSIVE OF CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PLANNING AREA "K", ACCORDING TO MAP THEREOF NO. 15260 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON FEBRUARY 8, 2006 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. fl~h//~~ 3-30-2006 " DAVID W. AMBLER LS. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 :ov M:\0270\081\Legal Descriptions\J\04 Esmts & Maint K c.doc WO 0270-0081 3129106 1-54 EXHIBIT "B" Plats Showing Public Areas To Be Privately Maintained 4/13/06 1 r.' ~/'. ! - ":)? 065550-0011 305156.1 Z IJ3HS J3S < ~ ~ < ~ I.ol ~ o u , , ~~\ ~~ <:" o \ Q ~ C"';r. '\ D c;) ci ~ ;"".1 4~ 4<-~ COol Z<'<\Q '~W~ t;~iZ , <M<O O::.~ OZ ~SZo.... <::!-<. <- Z~ ~Z --z:. ~ ><,j U;c., :'1 ~ ~ U (/ W ..l "" U Vl --- ..... ~ , ~ ---.~~ -..i-- U-l ~ .....-----0:. t', , ", '-' q '" \ g ~ ... '" '" ." ~ , "" , ~ iD. .,., ~ ~ "" ~ I. C?'?-- "'" - ~<. .(.;:. o ct. ::c ~ <C"\ ~~O~ ::. 'j 7-...... h C2.:z.:. ~t-ZW ~. .; L f" ".... ~. -; ~ ~~--- '~ r.r. 0- 'r./) X-'r"\ h'\ '7 uJ -<if; ..J<. -,:)--- ';:C p: U .~ .~ '0 "" c, <; -~ , ~ '6\ i! ~.. ,., ~~~ \r\' 0't;~ \t s< ~ i" J; 8w - \ <- cd U 0::. ~ 'l . , ~~ \)" ~'~ ...... - o :.) , ~ c-. - c-.< .~ Oct. ~ ,?-.~ ("\ ~t-o~ ~ U 0 ~ <.~("1 ~~~t e<<~ ~;.-<....J~ .... r.n ~ r/; X>~ ~ \.ll <(/J ..J<. ....., - ~- '~ c... U .... o \ ~ ~C'~ 0.._ U\~ OZ~tn :2.<, N .......<I.C ;0,.....-, ~..... t,;"'~ <t;;. <'.6 9"0 .~Z e""<(:i_ -';;. ~c.. :'<~Z~ ?hzz::;, ><~ t'1- :5 :.... ';:> - .., n ~ \ \ "- ~ <- co V; / / ,/ .~-' /' -~...-~" ./". /-~. / - - ----I -- ! I ",/ " i.--- !/ -#-4-~-._ . - I <- cd (.,;) ~ SV.Lnot:flI't. f;"'''I~~ t J.J3f1S JJS ~ i-51 '" g .. ... o '" ~ \ ., \ 0, "" c, ~ N ~- <> ~ ~ '" v, s " ~. i: ,,:s ~ 1 ! ~ ~""~ \1\ '" <0. "\ ~ '''\Q; h fl ~.~.~... _~.. fI. /" II \\\ \ i EXHIBIT "C" Maintenance Responsibilities " ..' City ofChula Vista Area MHOA Maintenance Maintenance Parkways within those Landscaping in the parkways, Maintenance of curb, gutter, portions of those public roads including irrigation, trimming sidewalks and pavement. shown on Exhibit "B" and pruning of trees, and maintenance and irrigation of turf areas; and maintenance of any proj ect signage or similar project monumenta- tion 4/13/06 065550-00li 305156.1 1-58 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON AFPROY AL BY THE CITY COUNC~' . , .~ I '/ Dated: 9/7- r: / () ~ I { Grant of Easements, License and Maintenance Agreement Between the City of Chula Vista and Proctor Valley West Partners, LLC Chula Vista Tract No. 99-04 San Miguel Ranch Planning Area "L" - Maravilla 1-59 I , RECORDING REQUESTED BY Ai'lD WHEN RECORDED RETURN TO: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 , , No transfer tax is due as this is a conveyance to a public agency for less than a fee interest for which no cash consideration has been paid or received. (ABOVE SPACE FOR RECORDER'S USE) GRANT OF EASEMENTS, LICENSE AND MAINTENA1~CE AGREEMENT CHULA VISTA TRACT NO. 99-04 SAN MIGUEL RANCH PLANNING AREA "L" - MARAVILLA (DEDICATED EASEMENTS) This GRANT OF EASEMENTS, LICENSE AND MAlNTENAt'\1CE AGREEMENT ("Agreement") is made as of this _ day of , 200_, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and PROCTOR VALLEY WEST PARTNERS, LLC, a Delaware limited liability company ("PVWP"). RECITALS A. This Agre=ent concerns and affects certain improv=ents with portions of the real property located in Chula Vista, California, more particularly described in Exhibit" A" attached hereto and incorporated herein ("Property"). The Property is part of a planned residential development project commonly known as "San Miguel Ranch", Chula Vista Tract No. 99-04, being the subj ect of the City Council ResolutionNo. 2001-261 (the "City Resolution"). For purposes of this Agreement, the term "Proj ect" shall refer to the overall San Miguel Ranch project, including, but not limited to the "Property." B. PVWP is the owner of the Property and the Declarant by assignment under that certain Master Declaration of Restrictions For San Miguel Ranch Master Association filed for record in the Official Records of San Diego County, California (the "Master Declaration"). The Master Declaration provides for SAN MIGUEL RANCH MASTER ASSOCIATION, a California Nonprofit Mutual Benefit Corporation ("MHOA") to maintain certain areas in the Project. Furthermore, one or more sub- associations may be formed (" SHOA") for a particular proj ect( s) within San Miguel Ranch Planned 4113/06 -1- 065550-0011305157.1 1-60 I I Development, the pmposes of which would include the maintenance of certain amenities within the project over which the SHOA has jurisdiction. C. The Property is or will become covered by that the certain final map(s) (the "Final Maps") described on Exhibit" A" attached hereto and referep.ced in the title to this Agreement. " D. In order for PVWP to obtain the Final Maps and fOr the City to have assurance that the maintenance of certain areas within the Proj ect would be provided for, the City and PVWP entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which PVWP agreed that maintenance of such areas shall be accomplished by the creation of a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those particular areas which were dedicated to the public on one or more of the Final Maps but which include landscaping improvements to be maintained by the MHOA. The public areas to be maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas." E. The City desires to grant to PVWP easements for landscape maintenance purposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in order to facilitate the obligations ofPVWP as set forth in Supplemental Subdivision Improv=ent Agreements, adopted pursuant to the City Resolution. F. This Agreement suppl=ents that certain Grant ofEas=ents, License and Maintenance Agreement Chula Vista Tract No. 99-04 San Miguel Ranch Planning Area "L" - Maravilla recorded on February 8, 2006 as Document No. 2006-0095588 which failed to show all of the MHOA Maintained Public Areas on the attached exhibits. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as set forth below. 1. Grant of Easements. The City hereby grants to PVWP and its agents, successors and assigns, non-exclusive easements and rights-of-way over and across the MHOA Maintained Public Areas for the pmpose of maintaining, repairing and replacing landscaping improv=enls located thereon. These grants are made without any warranties of any kind, express or implied, other than the warranty stated in Paragraph 14(f) below. 2. Maintenance Oblh!:ations (a) PVWP to Initially Maintain. PVWP hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, those improv=enls within the MHOA Maintained Public Areas which are described on Exhibit "e" attached hereto, at a level equal to or better than the level of maintenance which is acceptable to the Director of Public Works Operations, at hislher discretion and equivalent to City or Community Facilities District maintained right-of-way facilities. For pmposes of this Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair, the provision of water and replac=ent obligations described herein and on Exhibit 4/13/06 -2- 065550-0011305157.1 1-61 I ! "C" hereto and shall also include repair and replac=ent at no cost to the City of any City owned property that is damaged during performance of the maintenance responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of the City. (b) Transfer to IVlliOA. Upon PVWP tran~fer of maintenance obligations to the NfHOA, (i) the MHOA shall become obligated to perfa'rmthe obligations so transferred, and , (ii) subject to the City determining that the requirements MParagraph 3 below have been satisfied, PVWP shall be released from such obligation. Transfer of maintenance obligations to the NfHOA maybe phased (that is, there maybe multiple transfers). PVWP represents to City that it intends to, and has the authority to, unilaterally transfer said maintenance obligations either (i) to the MHOA and that such transfer has been provided for in the Master Declaration, and that such document(s) include the provisions described in Paragraph 3(a)(ii) below, or alternatively (ii) to a new homeowners association (the "New Association") established for maintenance of the open space and thoroughfare median areas in the Property, and that such transfer shall be provided for in the declaration of restrictions (the "New Declaration") for the New Association, and that such document(s) shall include the provisions described in Paragraph 3(a)(ii) below. References below in this Agreement to the "Association" shall include the New Association and "Declaration" shall include the New Declaration ifPVWP elects to form a new homeowners association for the Property. (c) Transfer By MEOA. The MHOA shall have the rightto transfer Maintenance obligations to a sub-association ("SHOA") or to the owner of an apartment project ("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i) the Transferee shall become obligated to perform the obligations so transferred, (ii) the MHOA shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii) the NfHOA shall be released from the obligations so transferred subject to the City determining that the requirements of Paragraph 4 below have been satisfied. Although it is possible that Maintenance obligations might be transferred to an apartment owner, PVWP does not believe it is likely that Maintenance obligations will be transferred to an apartment owner. 3. Assi~nment bv PVWP. LLC and Release of PVWP (a) Assignment. Upon PVWP's transfer of the Maintenance obligations to the MHOA, it is intended by the parties that the MHOAshall perform the Maintenance obligations either itself or by contractors. Such transfer will release PVWP from its obligations only if all of the following occur: (i) MHOAAccents Obligation. The NfHOAhas unconditionally accepted and assumed all of PVWP's obligations under this Agreement in writing, such assignment provides that the burden of this Agre=ent remains a covenant running with the land, and the assignee expressly assumes the obligations of PVWP under this Agreement. The assignment shall also have been approved by the appropriate governing body of the MHOA by resolution or similar procedural method and approved 4/13/06 -3- 065550-0011305157.1 1-62 / as to form and content by the City Attorney. The City shall not umeasonablywithhold its consent to such assignment. (ii) MHOA's Master Declaration. The City has con:tinned that there have beenno modifications to the recorded Master Dee;laration previously approved by City, to any of the following provisions: the MHOA sHall b,e responsible for the maintenance of the MHOA Maintained Public Areas, the MHOA ~hall indemnify City for all claims, demands, causes of action, liability or loss related to or arising from the maintenance activities, and the MHOA shall not seek to be released by City from the maintenance obligations of this Agre=ent, without the prior consent of City and one hundred percent (100%) of the holders offust mortgages or owners of the Property. (iii) MHOA Insurance. The MHOA procures and formally resolves to maintain at its sole cost and expense, commencing no later than the City's release of all ofPVWP's landscape maintenance bonds, a policy of public liability insurance which at least meets the requirements of Section 5.1 (a) of the Master Declaration which reads as follows: (a) General Liability Insurance. The Master Association shall obtain a comprehensive general liability and property damage insurance policy insuring the Master Association and the Owners against liability incident to ownership or use of the Master AssociationProperty. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by AM. Best of "A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements the Master Association do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds; (iii) The policy shall contain the following severability clause (or language which is substantially the same): 4/13/06 -4- 065550-0011305157.1 1-63 "The coverage shall apply separately to each insured except with respect to the limits of liability." This Section 5.1(a) may not be amended without the written consent of the City Planning Director or City Attorney. " The MEOA shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. (b) Release. When all conditions precedent in Paragraph 3( a) are fulfilled, PVWP shall be released from its obligations under this Agreement, including its security and insurance requirements. PVWP acknowledges that it has a contractual obligation to perform the terms and conditions of this Agreement until and unless released by the City from this Agreement. At least sixty (60) days prior to such transfer, PYWP shall give a notice to the City of PYWP's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3(a). 4. Assignment bv MHGA and Release of MEGA. (a) Assignment. Upon MEGA's transfer of the Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall perform the Maintenance obligations either itself or by contractors. Such transfer will release the MEOA from its obligations only if all of the following occur: (i) Transferee Acce1;)ts Obligation. The Transferee has unconditionally accepted and assumed all of the MEOA's obligations under this Agreement in writing, such assignment provides that the burden of this Agrement remains a covenant running with the land, and the assignee expressly assumes the obligations ofthe lYIHOA under this Agreement. If the Transferee is an SHOA, the assignment shall also have been approved by the appropriate governing body of the SHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) SHOA's Declaration of Restrictions. If the Transferee is an SHOA, the City has reviewed and approved the SHOA's recorded Declaration of Restrictions to confirm that said document contains appropriate maintenance and insurance provisions. (iii) SHOA Insurance. The Transferee procures and formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance which meets the requirments set forth in Paragraph 3 (a) (ill) above. The SHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. 4/13/06 -5- 065550-0011 305157.1 1-64 (b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the i\1HOA shall be released from its obligations under this Agreement, including its security and insurance requirements. At least sixty (60) days prior to such transfer, i\1HOA shall give notice to the City ofi\1HOA's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragrl\ph 4(a). . , 5. PVWP's Insurance. Until such time as the i\1HOAhas obtained the general liability insurance required by Section 5 .1 (a) of the Master Declaration, PVWP agrees to procure and formally resolves to maintain at its sole cost and expense, commencing no later than the date that the landscape architect of record has submitted a letter of substantial conformance pertaining to work being completed to the General Services Department and the General Services Department Director or his designee has deemed the work complete and satisfactory, a policy of public liability insurance that would include, but is not limited to the following: General Liability Insurance. PVWP shall obtain a comprehensive general liability and property damage insurance policy insuring PVWP against liabilityincidentto ownership oruse of the Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best "A, Class V" or better with modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The CityofChula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements PVWP do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds and; (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits ofliability." PVWP shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. 6. Indemnitv. PVWP shall defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein" claims or liabilities"), that may be asserted or claimed by any person, firm, or entity because of or arising out of or in connection with the use, maintenance, or repair of the i\1HOA Maintained Public Areas. PVWP shall not have any liability under this section by reason of the Transferee's failure to maintain. 4/13/06 -6- 065550.0011305157.1 1-65 , ! 7. Indemnity If Transferee. The document whereby PVWP transfers a Maintenance obligation to a Transferee shall be signed by both PVWP and the Transferee and shall set forth an express assumption of Maintenance and other obligations hereunder and shall include the following indemnification provision: Indemnitv. The Transferee shall defend, inderimify, and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities"),which result from the Transferee's failure to comply with the requirements of the obligations transferred hereby to Transferee. Transferee shall not have any liability under this Indemnity by reason of another party's failure to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This Indemnity may not be amended without the written consent of the City Director of Planning and Building or City Attorney. 8. Agreement Binding Upon Any Successive Parties. This Agreement shall be binding upon PVWP and any successive Declarant under the Master Declaration. This Agreement shall be binding upon MHOA and any Transferees upon transfer of maintenance obligations to the MHOA or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. 9. Agreement Runs With the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest ofthe community and other parties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 10. Governin~ Law. This Agreement shall be governed and construed in accordance with the laws of the State ofCalifomia. 11. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office. 12. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 4113/06 -7- 065550-0011 305157.1 1-66 , f 13. Recordinl!. The parties shall cause this Agre=ent to be recorded in the Official Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved by the City Council. 14. Miscellaneous Provisions. " ',.... (a) Notices. Unless otherwise provided in this 'Agreement or by law, any and all notices required or permitted by this Agre=ent or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States mail, certified orregistered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this Paragraph by giving written notice of such change to the other party. If To City: CITY OF CHULA VISTA Department of Public Works/Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer If To PWVP LLC: PROCTOR VALLEY WEST PARTNERS, LLC The San Miguel Ranch Company 85 Argonaut, Suite 205 Aliso Viejo, CA 92656 Attn: Mr. Stephen E. Hester (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 Agre=ent, together with any other written document referred to herein, embody the entire agre=ent and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, understandings and/or statements shall be of no force and effect. This Agre=ent is not intended to supersede or amend any other agre=ent between the parties unless expressly noted. (d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. 4/13/06 -8- 065550-0011305157.1 1-67 , i (e) Compliance With Laws. In the performance of its obligations under this Agreement, PVWP, its agents and employees, shall complywith any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. (f) Authority of Signatories. Each signatqry and party hereto hereby warrants and represents to the other party that it has legal authcirity ,and capacity and direction from its principal to enter into this Agre=ent, and that all reso'1utions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. (g) Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records ofthe SanDiego County Recorder's Office. (h) Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the r=ainder of this Agreement, or the application of such term, covenant or condition to person or circumstance, shall not be affected thereby and each term, covenant or condition shall be valid and be enforced to the fullest extent permitted by law. (i) Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 41l3/06 -9- 065550-0011305157.1 1-68 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. "City": CITY OF CHULA VISTA, a municipal co;rporation "t' By: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk APPROVED AS TO FOR.t\1: By: Ann Moore, City Attorney "PVWP": PROCTOR VALLEY WEST PARTNERS, LLC, a Delaware limited liability company By: Trimark Pacific-Montecito, LLC, a California limited liability company By: TPH LLC, a California limited liability company, M=ber Manager By: Trimark Ventures, Inc., a California corporation, Its: Member By ~e:~5A])\- Its: v~\o"" PI ...,J.~d"ll't E:: (":~. \Ii c....-e. ?.r-ec;. 4/13/06 -10- 065550-0011305157.1 1-69 STATE OF CALIFORNIA ) ) ss. COUNTY OF D ( if.- r-. kc/ ) On G[ 11/ '1 I Db, 200-, before me)' Notary Public in and for said State, personally appeared vJiJ.-vr;( J'-f[/41 n 0 -\ 6t . IV P "_ lo ~, '-- 7. +r\'-k'~ '. , personally known to me (Ol'lnvvCd [Q me on me "",;, vI,,,l;,I,,dvlY cYldeucc) to be the person~ whose nam~s/~ubscribed to the within instrument and acknowledged to me that he/.srf>I1;1J,...y executed the same in his/her1U1elrauthorized capacityY4 and that by his/her/t.astl signature.(l;-)-on the instrument, the personks), or the entity upon behalf of which the perso~cted, executed the instrument. WITNESS ml}and.and offi..f;:ial seal. Q-:;7, VL \ S. tur ...! t/ t/"--- 19na e (; l~- ~~~; -1 ...~~~~;J - - - (Seal) STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On ,200_, before me, Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) 4/13/06 -11- 065550-0011 305157.1 1-70 EXHIBIT" A" Lel!aI Description 4/13/06 065550-0011305157.1 1_ . J J , 'I , I EXHIBIT "A" LEGAL DESCRIPTI~.N . " ALL THAT LAND INCLUSIVE OF CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PLANNING AREA "L', ACCORDING TO MAP THEREOF NO. 15261 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON FEBRUARY 8, 2006 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. DAVID W. AMBLER L.S.7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. ,A,u~/ $" a43-3'<7-2006 , PAGE 1 OF 1 :DV M:\OQS1\419\Legal Descriptions\A04 Esmts & Maint L c.doc WO 0061-0419 3/29/06 1-72 EXHIBIT "B" Plats Showing Public Areas To Be Privately Maintained 4/13/06 '-.> , ~/ 065550-0011305157.1 "'!':t' ~ " o~ , - C\ ... a-. < .w Oce. ::. ;z. < (r, C:Q f..... r-J :;..., '. .......,,..... ~ u Z '-, h ~~: """''-';z.~ ~ '< <. W ...... '-' ...J :::: ~ '"r./) c.- v:. ~ :..; ('", ';;::;>-:D -<'o'J ...J< :J..- - - ,;...c.. U - \ ~ d ?i ~~ 0.:. v" ,. lO'I < " \\. , '. \ ---.--- ----- I r ! ",- " 1 _____ '~._ :2 "~ ~ ~~ ----- i l<l~~ I fr1 ...~ , , . ~f -(L_____________. ~f (/1, _ I ~ ~i MI.","," 8 , \ SAVfOJ'{ ,.: , ';' /. " \. < .', I' ."';' I /~ i__/ / '----.l-....~..":r...'11 /" t I "" '-. !/ I I I '," \.\ ;/ \ ! I I "'<:,1 I I I ~ , ! - ----------- -------7 ---1 ------ L...... "" o \ ~ 0> . C.D~~ 0...# \0 ~. c.. cc z. -<: .r "'1" ~ ~ i- t; ~ - , <~,. C ';>0:::;:, ;<z ;"U ~ Q")-c..., ~~ <. ~ t:J.~ ~z 0) >~~ ~ c. ::;:, :I:. u '" /~ ~ \ ~ cd -~- 0.:. I. .1 .' o Ii ______ // ,.----- b "'" :t: V) "' " "' a .. o o '( ." N , '; "j,. o l..l >.., 1I1 ~ ~ ~ >: ~ \;; ~~\ h\~ <'U') - ~, 'S (/jm.. 13. d !:-<:. '.l ;; ~ dJ,~ 'If ,... .\\\1 "- t-- !:/ ~ ~ = 0/ ". 0 , "i ! I - 0'. 01 I' < I \" 0 rr~ ~ - ~ ;z C!:: " .~ '- < rr, ,..j/ - - u ,~, , ~ v '""' ~ -< z '-"'; Q:: ..... ,"'; - '"'" ~ ----- .- ;z ~--- :s E- ;z - ~ w ';> -< < ...: ~ :Tl ..., , , .- ,.... -- - ~ GI1 0.. :...:... - ':/'1 ~ > M -< W (Ij ::< - < " ::J - So ,J..., ..:.., ------ '" fi Cl , , - .... 'v :::: - 8 "v. .L07 r-'9' 71QiNd~"" \ ' ,ooz = ,. ~ :37~-()S ;. :/J " " y ~~ ,...> "'l;- --~&'i !;!a-: tj J ...;S ~ lO " ct G:l ~ , -.: ct , So C -.: "* Cl I Cl - Cltt:C Q2~<') ~~ l() ~~~~ tJ~-,,<"'"l "l:t<:j. , 9::::::l;.,;Cl "'",' :<; ..-. .:."::::O;<'la.. ... .. ~"-.~"';': ~~t!:l:-.!; ~:s .::i .;-- ;::, - '"" - ~ '" '" of, Q '" o Q <U , '" <U , C d )'i " t'l :> " ~ t: ;;; r 13JHS 335 ~ c '0 ;Q ~ :z =~~ f >- ~e; 1_'5 5,55; 15a w vo'" !.n; 3< ..tj" ;z:~~ f.lei .mi " 1-75 - -0 =" , - C\ C\~ -~ ,-;~ z~ ~:.... -< r~, ...... .., i~ ~ ~ t -< Z...., ~~zr~ ~r-zt ::::~:5~ ~~Q..;n ~ > ''"l ~ r..:.; '< ......, ..:J ~) -< :J'T" ;..,............ .J..,Q.. ':J - , ... ... -- ? J33i-iS 335 ---- ~ --- - /: ,/ I; ( -..:: i;j (j ~ < ~ ~ 1-76 ... , \Sl ~ .... ~ , I :~ ~ I 0> '" . 6;;I::c c:i~2;<;") :<:"Q,:g 0-,0:;::;;", " ....... ~.... ;:::; "', .c:; ~ ~ ..~~'> ~...... ~ "" ~::gC?)c.. VJ~ c.;:~ ~~C,,': ~~ "< ..... ~ c.. ..., .,. ~ OCt = "i 77'1::;5 ' '..'" ,-=, -~- ..., S- O ~ '- ,-,- , I / ..: Q:; Si ;;; " :;; ..: Q - Z f;: ..: , )1' .' \ "- Q :: i!i Q {\J , '" ", , c " ~ o t:J ~ " M o to ;;; .f d rr:, ,t::::: OJ '" ~~~ i:e ~- - J ~ u ~():; t. w <0. I..o!z ~iil, ] J' -;;. ~-<~ :!:...i 4 ,..,-~~ iij~~ iB. - . JIH ' /' I,,, 0:: I i EXHIBIT "C" Maintenance ResDonsibilities City of Chula Vista Area HOA Maintenance Maintenance Parkways within those Landscaping in the parkways Maintenance of curb, gutter, portions of those public road including irrigation, trimming sidewalks and pavement. shown on Exhibit "B" and pruning of trees, and maintenance and irrigation of turf areas, and maintenance of any project signage or similar proj ect monumentation. 4/13/06 065550-0011305157.1 1-77 , , COUNCIL AGENDA STATEMENT :L SUBMITTED BY: Item~ Meeting Date ~ ? /. /' - /tYt1q Or' Resolution Waiving the formal bidding process as impractical and authorizing the City's Purchasing Agent to negotiate purchase orders (PO's) directly with Hanson Aggregates, Inc. for procurement of aggregate products to complete street maintenance tasks by City crews Director of Public Works Operations P. Director of Finance sP City Manager f (4/5 Vote: Yes_ No...x.J ITEM TITLE: REVIEWED BY: Over the past several years, the aggregate products industry within the San Diego region has been consolidating. The only remaining aggregate supplier in the South Bay is Hanson Aggregates, Inc. located at the east end of Main Street. Hanson Aggregates, Inc. now owns and operates most of the aggregate suppliers in San Diego County. The next closest aggregate suppliers are located in Mission Valley and Carroll Canyon. Therefore, due to the proximity of Hanson Aggregates Inc. compared to other aggregate suppliers in San Diego County, staff recommends waiving, as impractical, the normal bidding process under provision 2.56.070 of the Chula Vista Municipal Code. RECOMMENDATION: That City Council adopt the Resolution waiving the formal bidding process as impractical and authorizing the City's Purchasing Agent to negotiate purchase orders (PO's) directly with Hanson Aggregates, Inc. for procurement of aggregate products to complete street maintenance tasks by Public Works Operations crews. BOARDS/COMMISSIONS: N/A. DISCUSSION: Over the past several years, the aggregate products industry within the San Diego region has been consolidating. The only remaining aggregate supplier in the South Bay is Hanson Aggregates located at the east end of Main Street. Their products include: Crushed Aggregate Base (CAB), Sand, Gravel, and Structural Backfill materials, and pre-mixed Portland Cement Concrete (PCC). They also furnish aggregates to the only "Hot Plant" remaining in the South Bay, California Commercial Aggregate, LLC (CCA, LLC), which produce Asphalt Concrete (AC) and supply Emulsified Asphalts. This company, formerly California Commercial Asphalt Corporation joined with Hanson Aggregates in December of2005 to become CCA, LLC is located on Main Street near Third A venue in Chula Vista. This was the latest in a long procession of buy-outs and mergers in the region for the aggregate industry. Hanson Aggregates, Inc. currently owns and operates most of the .1..-/ F-. j , -...,.:Ii Page 2, Ite~ ~ Meeting Date: 0.9~, "~6 /9'C:rtJ aggregate suppliers in San Diego County. The next closest aggregate suppliers are located in Mission Valley and Carroll Canyon. " Material supply location is the single most important parameter affecting the responsiveness and efficiency of our Public Works Operations crews. The nature of the work by our Street, Storm Water, and Wastewater crews require 'just in time" delivery for material transport to avoid costly stand-by time of labor, equipment and/or delays in restoring public services. Typical repairs made by City crews are very labor intensive. The materials cost is a relatively small portion when considering the total labor and equipment required for the work. However, quick access to these materials has a dramatic affect on overall costs of the operation. For example, travel times to and from Mission Valley and other sources north of Interstate 8 take at least two hours and can take as much as 4-5 hours depending on traffic conditions and potential delays at the plant. Idle time of labor and equipment adds up quickly when waiting for materials to complete the work. Emergency repairs for catastrophic failures such as pavement sinkholes, resulting from water main breaks, sewer line or culvert failures, requires rapid access to aggregate materials. Consider the implications if the repair is on a major arterial. The cost and responsiveness advantages for short turn around on material acquisition cannot be overstated. In the last year, the prices of aggregate products have risen dramatically in large part due to price escalations in fuels, oils, and cement coupled with increased demand on the world market. In addition, due to increasing environmental regulation and diminishing resources, many quarries throughout the region have closed. In this environment, suppliers have been reluctant to guarantee fixed prices for more than a few months to small quantity users. For these reasons, the benefits of soliciting bids continues to diminish, especially when one considers the importance of supplier proximity to the city. To date, the expenditures for the purchase of aggregate products fell within the authorized limits of the Purchasing Agent and/or the City Manager. Furthermore, in the current limited competitive market, it has been "in the best interest of the City" and has been the practice over the last several years, to waive the bidding process and negotiate PO's directly with the suppliers. Between material costs increases, 54% to 68% depending upon the type, and increased demand due to the continued growth of the city, Public Works Operations anticipates spending over $250,000 during the current fiscal year to keep our crews furnished with materials adequate to maintain the city's infrastructure. Decision Maker Conflict. Not Applicable. Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(l) is not applicable to this decision. k...l.. ~~ FISCAL IMPACT: Funds for these materials are included in the FY06-07 Budget: ., Attachment: Disclosure Form for Hanson Aggregates, Inc. K:\Public Works Operations\Agenda Statements FY06\Aggregate Products supply contracts-l.doe -,-2 __ .;;;J ~2 .~. ,-,.J page3,I~ Meeting Date: ~p f? 09/19/2006 09:11 F.~1 619 397 6259 PUBLIC WORKS CENTER ~ 001 I City orCbula Vista Disclosure Statemeut l'uI1;uant to Council Policy 101-01, prior to any action upon matters that will rcquire discretionary action by the Council, Planuing Commission and all ather official bodies of the City, a :'~ement of disclosure of certain ownership or financial interests, payments, or campaign contributions f,)r a City of Chula Vista election must be filed. The following infonnation must be disclosed: 1. List the names of all persons having a financial interest in the pl'Qllerty that is the subject of the application or the contract, e.g., owner, applicant, contrad:or, subconl.rac1 or, material supplier. 1:1 QASt'JA a,,j"t";J.Q -ks fJlJI;C ,'-I:i- ,'5.?H-f4~~C. 2, If any person' identified pursuant to (I) above is a corporation or paItnCl'ship, list the names of all individuals with a. $2000 investment in the business (corporation/partnenhip) entity. 4.1/ 4- 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. ^) I A 4. Please identify every person, including any agents, employees, consultants, or independent contractors ynu have assigned to represent you before the City in this mitteL ])a ",' d ~-b"1>Q... ~;, ~I..oeJ( ( MoU"}.:. W"lJ .J .p~f:~ /' J~ r ])a.",t" 1~,"""M e L 5, Has any person' associated with this contra.ct bad any financial dealin!'s with an official" of the City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No-)<- ;J..-~ ~:... ~,~" .c.,", 09/19/2006 09:11 FAX 619 397 6259 PUBLIC WORKS CENTER ~002 \ TfYes, 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 twelv,.} (12) months to a current member of the Chula Vista City Council? No 2( Yes _ Tfyes, w~ich C')Unci) member? , ~ I:-ht...t..U..... f....,...::>l"Jc..~s: ha."... I""tRJ-e ,..A,~c-/~,'b,<b"",,4I. ../1160- +0-1 zA::)....1 f:o S~Ct.s-k,,~&( U Have you provided more than $340 (or an item of equivalent v.ilue) to an official" of the City of Chula Vista in thc past twelve (12) months? (This includes being a S(jurce of income, money to retire a legal debt, gift, loan, etc.) Yes _ No X 7. If Yes, which official" and what was the nature of item provided? I\pya . 9 Date c;/ICf!o'- . Person is defined as: any individual, furn, co-partnership, joint ventun" 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, CO\lJlCil member, Planning Commissioner, Member ofa board, commission, or committee of the City, employee, or staff members. ;;...-s ~-- - .",'_'_ ~.J " RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIST A WAIVING THE FORMAL BIDDING PROCESS AS IMPRACTICAL AND AUTHORIZING THE CITY'S PURCHASING AGENT TO NEGOTIATE PURCHASE ORDERS (POs) DIRECTLY WITH HANSON t\GGREGATES, INC. FOR PROCUREMENT OF AGGREGATE PRODUCTS TO COMPLETE STREET MAINTENANCE TASKS BY CITY CREWS WHEREAS, the only aggregate supplier in the South Bay is Hanson Aggregates, Inc., located at the east end of Main Street; and WHEREAS, Hanson Aggregates, Inc., currently owns and operates most of the aggregate suppliers in San Diego County. The next closest aggregate suppliers are located in Mission Valley and Carroll Canyon; and WHEREAS, material supply location is the single most important parameter affecting the responsiveness and efficiency of the Public Works Operations crews. The nature of the work by the Street, Storm Water, and Wastewater crews require 'just in time" delivery for material transport to avoid costly stand-by time oflabor, equipment and or delays in restoring public services; and WHEREAS, travel times to and from Mission Valley and other sources north ofInterstate 8 take at least two hours and can take as much as four to five hours depending on traffic conditions and potential delays at the plant. Idle time of labor and equipment adds up quickly when waiting for materials needed to complete the work; and WHEREAS, emergency repairs for catastrophic failures such as pavement sinkholes, resulting from water main breaks, sewer line or culvert failures, require rapid access to aggregate materials; and WHEREAS, due to material costs increases, ranging from 54 to 68 percent depending upon the material required, and increased demand for materials due to the continued growth of the City, Public Works Operations anticipates spending over $250,000 during the current fiscal year to keep our crews furnished with materials adequate to maintain the City's infrastructure. ~-b ~i Resolution No. 2006- Page 2 NOW, THEREFORE, BE IT RESOLVED the City COl.!ncil of the City ofChula Vista does waive the formal bidding process as impractical and authorizt<.,the City's purchasing agent to negotiate purchase orders (POs) directly with Hanson Aggregates, Inc. for procurement of aggregate products to complete street maintenance tasks by City crews. Presented by Approved as to form by Dave Byers Director of Public Works ~'(<"~S\~~~,,\.\ Ann Moore City Attorney J :lAttomey\RESO\AGREEMENTS\Hanson Aggregates _ 09-26-06.doc .)..-7 ~? COUNCIL AGENDA STATEMENT Item 3 Meeting Date: October 3, 2006 ITEM TITLE: Resolution ordering the closure of a portion of Claire Avenue lying North of Shasta Street and South ofH Street pursuant to California Vehicle Code Section 21101 (a)(1), establishing Capital Improvement Project STL- 331, and transferring funds necessary to secure the closed street SUBMITTED BY: " Acting Director ofEngineering~W Interim City Manager 1\ (4/5ths Vote: YesXNo~ REVIEWED BY: The Engineering Department is requesting that a portion of Claire Avenue lying North of Shasta Street and South ofH Street be closed pursuant to California Vehicle Code Section 21101 (a) (1), establish the "Claire Avenue Gate" Capital Improvement Project, STL-331, and approve a budget transfer from the existing "Restroom Renovation" (PR - 214) necessary to install a pipe arm gate to secure the closed street. RECOMMENDATION: 1. That Council adopt the resolution ordering the closure of a portion of Claire Avenue lying North of Shasta Street and South ofH Street, pursuant to California Vehicle Code Section 21101 (a) (1). 2. Approve the establishment of "Claire Avenue Gate" Capital Improvement Project STL- 331, and approving a budget transfer from the existing "Restroom Renovation" (PR-214) necessary to install a pipe arm gate to secure the closed street. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Claire Avenue was obtained in the City in two parts by two separate actions. The west half of the street was dedicated to the City on Subdivision Map No. 3770, which recorded in 1957. The east half of the street was granted to the City by the Sweetwater Union High School District in April 1960 and accepted by Council Resolution No. 2430. This portion of Claire Avenue is a dead end with a masonry wall separating it from H Street. It is not needed for traffic and the minimal parking provided can be absorbed within the neighborhood. California Vehicle Code Section 21101 (a) (1) authorizes the City Council to close any highway that is not needed for vehicular traffic. Currently, the City has drainage and sewer facilities in this portion of Claire Avenue. Additionally, a water line is located in the street and other utilities may be present. All of these utilities will remain unaffected by this proposed closure. In recent years, nearby residents have indicated that this portion of Claire Avenue has become increasingly a problem area. Due to its isolated location residents have reported problems with graffiti, trash, street racing and other illicit activities, some of which, the residents have reported resulted in hazardous paraphernalia and refuse being left behind. This creates a maintenance burden 3-1 '" Page 2, Item 7 Meeting Date: October 3, 2006 for the City. Staff recommends that this portion of Claire Avenue be secured with a pipe arm gate after it is closed to prevent vehicular access and to deter loitering and illicit activities. Staff estimates that funds in the amount of $2,287 will be necessary to complete this work. A new CIP Project STL-331 has been established in order to proceed. Staff is asking Council to consider authorizing the transfer of $2,287 from the existing "Restroom; Renovation" (PR -214) CIP project to fund STL-331. ' ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 153301(c) (Existing Facilities) of the State CEQA Guidelines because the facility is a short portion (less than 100 feet) of an existing dead-end street that is not needed for traffic or parking purposes. Thus, no further environmental review is necessary. DECISION MAKER CONFLICTS: Staffhas reviewed the property holding of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMPACT: Approval of the proposed resolution will transfer $2,287 from PR-214 (Restroom Renovation) to STL-331 Claire Street Gate. The remaining balance in PR-214 is sufficient to allow this transfer. Attachment - Plat showing closure area 3-2 ~[L~ ~~I,t [l0i]~~ ~7/7/@ (1@ ~ 7/ ~ ~ lJ@ lJlJ lJ~ lJ~ @ B @ \? - 54' \? g- EAST SHASTA STREET B IJJ ~ . ~ w U@ > ~[L(Q)~~ '>>~~ <C W CL f-----< ~ INDICATES AREA OF <C 1,11 = 80' CLOSED ~ CLAIRE AVENUE TO BE u DRAWN BY: G. HOPKINS W.O.# CLAIRE STREET AVENUE CLOSING L. C. 170-1749 CCS83 1810-6309 - ATTACHMENT RESOLUTION NO. 2006- RESOLUTION ORDERING THE CLOSURE OF A PORTION OF CLAIRE AVENUE LYING NORTH OF ., SHASTA STREET AND SOUTH OF 'H STREET PURSUANT TO CALIFORNIA VEHICLE CODE SECTION 21101 (A) (1), ESTABLISHING CAPITAL IMPROVEMENT PROJECT STL-331, AND TRANSFERRING FUNDS NECESSARY TO SECURE THE CLOSED STREET. WHEREAS, Claire Avenue is a dedicated and accepted City Street; and WHEREAS, a portion of Claire Avenue lying north of Shasta Street and south of H Street is a dead end with no access to H Street; and WHEREAS, this portion of Claire Avenue is not currently needed for vehicular traffic, and WHEREAS, California Vehicle Code Section 21101 (a) (1) authorizes the City Council to close any highway that is not needed for vehicular traffic; and WHEREAS, all existing public utilities located within this portion of Claire Avenue will remain in place and be unaffected by the proposed closure; and WHEREAS, staff recommends that a pipe arm gate be installed to secure this portion of Claire A venue; and WHEREAS, staff estimates that $2,287 will be necessary to install the pipe arm gate and has established Capital Improvement Project [CIP] STL-331, Claire Street Gate; and WHEREAS, there are sufficient funds in existing CIP PR-214, Restroom Renovation, to finance the installation of the pipe arm gate; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proj ect qualifies for a Class I categorical exemption pursuant to Section 153301(c) (Existing Facilities) of the State CEQA Guidelines because the facility is a short portion (less than 100 feet) of an existing dead-end street that is not needed for traffic or parking purposes. Thus, no further environmental review is necessary. 3-4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it orders the closure of Claire A venue lying north of Shasta Street and south ofH Street, pursuant to California Vehicle Code Section 21101(a)(I). BE IT FUTHER RESOLVED by the City Council of the City of Chula Vista that it approves the establishment of Capital Improvement Froject STL-331, Claire Avenue Gate, and approves the transfer of $2,287 from existiig CIP PR-2l4, Restroom Renovation, to CIP STL-33I to fund the pipe arm gate. Presented by Approved as to form by Leah Browder Acting Director of Engineering ,~~ Ann Moore City Attorney J:\Anomey\ELISA\RESOS\Claire Street Closure Reso.doc 3-5 ITEM 4' Meeting Date 10/03/06 ITEM TITLE: APPOINTMENT TO FILL VACANCY ON THE PORT COMMISSION (Continued from September 26, 2006) The City Council conducted interviews to fill the vacancy on the Port Commission on September 26, 2006. As directed at that meeting, this item is being brought back for the Council to make an appointment. The following individuals were interviewed: Mike Najera Michael Kevin O'Neill Carl Harry Jerrold Siegel Eugenia Aguilar Franco Port R. (Bob) Martin COUNCIL AGENDA STATEMENT s- Item No.: ~ Meeting Date: 9/2 /~/~.yO f:, --- , ITEM TITLE: Update Report on Otay Ranch Eastern l!;rban Center Sectional Planning Area (SPA) Plan SUBMITTED BY: Director of Planning and BUildin~ / REVIEWED BY: Interim City Manager J.! (4/5ths Vote: Yes No l...J RECOMMENDATION: That Council Accept the Report BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: This agenda statement will provide background for staff's September 26 briefing on the Otay Ranch Eastern Urban Center (EUC). The purpose of the briefing is twofold: . To provide the City Council with an overview of the objectives for EUC envisioned in the City's planning documents; and, . to provide an overview of the transportation systems which are planned to serve the EUC. This update and future discussions are timely due to the submittal of entitlement applications by the McMillin Companies for most of the EUC site. Staff received an initial preliminary submittal on the project in April. A complete project application - inclu ding such elements as a Parks Master Plan and a form based code for the Planned Community District regulations - is anticipated to be completed in October. Because of the significance of the EUC to the overall development of the Otay Ranch, staff and the applicant are proposing a series of updates or workshops to brief the City Council. It is staff's intention to identify issues and policy areas that have and will rise where staff may need general direction. The updates will also provide a forum public comment on this important project. The EUC is the heart of the Otay Ranch with an increased density and intensity of development, higher than other areas in the Otay Ranch. The EUC will focus on pedestrian design and transit services, including local and regional transportation facilities. The September 26 briefrng will focus on coordination with SANDAG and the Bus Rapid Transit (BRT) system through the EUC. 5 -I ~ Page 2, Item No.: ~5 Meeting Date: ~ /~3/tJ,b Background The Eastern Vrban Cente,r was fIrst envisioned in the 1989 General Plan. It is identifIed as one of the regional centers in the updated Chula Vista Qeneral Plan (the others being the Bayfront and DowntownlChula Vista Center). Within the Otay Ranch, the EVC will serve as the center of development in eastern Chula Vista, providing high-density housing, office development and retail opportunities in an urban setting. By its strategic location at SR-125 and the regional transit route connecting the EVC to downtown San Diego and the V.S./Mexico border, it provides a signifIcant opportunity for Chula Vista to be a strong economic force in the region. On October 28, 1993, the Chula Vista City Council and the County of San Diego Board of Supervisors adopted the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP). Fundamental to the adoption of the Otay Ranch GDP were guiding principles that set the foundation for development of the Otay Ranch. One set of guiding principles focuses on the EVC and states the intent "to create an urban center that will provide a unique functional and symbolic center for Otay Ranch". To implement this, the Otay Ranch General Development Plan proposes land use, character, and design policies that guide the development as follows: . Residential: From 2-story townhomes up to high-rise apartments and condominiums, 15 stories maximum, . Commercial: Compact, vertical, regional mall (this may be incrementally developed due to market conditions), adjacent specialty shopping at base of office buildings, business hotels, . Office I Business Park: Regional office buildings with 15 story height limit . Full range of public uses including transit, city library and arts facility, local parks and urban greenbelt, fire station, and potential elementary school. The proposed project will involve approximately 210 acres of the EVC that is controlled by a single landowner (McMillin Land Development). The SPA plan will evaluate the remaining acreage of the EVC at a level sufficient to ensure that it can be developed in accordance with the Otay Ranch GDP policies. All of the land uses mentioned above are to be integrated and pedestrian in design supported by a well-designed and implemented transportation system. DECISION-MAKER CONFLICTS: Staff has reviewed the property holdings of the City Council and has found no such holdings within 500' of the property which is the subject of this action. FISCAL IMPACT: N/A H:\PLANNING\SCOTTD\EUC COUNCIL AGENDA STATEIvfENT(REVISED -~.~ I I I I I I I I I I I I I I I I I I I IO-3-0(P t-1eM5 I I 0 , l:J' l QJ -- I- , , I Q , t C I to. . -. U)~ ./ ".--- ,- I I I I I I I . . I . c rft. Q) rft. I Q) 0 It) ...... r:c It) ~ ,.... II I Q) II C e. 0 > I- .- ... I .. c .s:: as Q) I U) - C't) ... ::::s S CI) e. I ...... "C 0 CI) .- e. ... Q) ~ ... ~ .- I ~ U) c Q) c ~ as J:: ... 0 I ~ I- 0 I I I I I I I I I . . I . C) I c .- I 0 C!J I Q) '- .. I Q) S I Q) '- I Q) ..c I ~ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I c 0 "t- .- 0 CJ) c c ...c (1) 0) +-' .- +-' CJ) $ >< a: w (1) CJ) "'0 C ~ - (1) 0 (1) W 06 c .- 0... +-' +-' L{) etS 0) c etS 0 0 ....J C (1) C - E .- (1) CX) .- -0 +-' C > I ~ - CJ) c 0) 0 (1) +-' C etS (1) 0 -0 "t- etS - CJ) etS 0... () ...c ~ ~ I- etS CJ) () 0 "'0 +-' "'0 CJ) ~ (1) c (1) (1) (1) etS etS (1) +-' () ~ +-' :J a: ~ etS c (f) c etS :J etS .- 0... ~ $ +-' ~ - c (1) etS > etS etS > "'0 +-' (1) 0 +-' ~ ~ 0 0 0 '.\4: (L W <( Z \:I I ii! ~ I I I I I ~'.. If I I I I I I '1' .i!~. ~r I ~~, ~~,~. "".~.. ~.. I I I I II Ii '~ ts;j ~ . ~;' : -:;; i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I' 1 1 1 ''':';' " (}j ~ u ~ ~ QJ ~ ,;ll" I' J f't, J.i'Ilt. II ';.? ~ ~,,4t...,~_, "ji!r11!1iil. ~.. ~ ill :It'.. -,:; ~ "'" "~ " .," . ~;" ',~ ,'Kt 3: '" ~ iii:-'" _. :~, "lI. ~, ~~Ili'..f '~~"'f' b g ..*...~*.,t .''.., E:" ~~ _,1"""0"<\<. . "~\ ~ _/I '"" ~ Ie 0 i '~;;'~.." ", _ _ ,:$1\" '" i)." ~ \'If.r . it'd... . ~r:" ...::. .... ;;I( I. ....... .. ~. ...i....,.. ......... ~.."""" ....... .,... '.~+.,::I..~ '-;'.h""" ..... 'e"'" ~ ~ O~ ~ ,~ r"'~ ~..;.~2;..,t~~~{.~~/ . ilSib. Q) ... r 0'1",.' C rJ'J ';.;; ~~. '. '. ':.q. ~ "m\ :.,'~ >... ~-,-' :-~! r~-1 .- ., .,t:J t,.; ~ ~ ~ QJ .~ ~ "~..~ .~..."rJ'J, ..:,.'U. ~. o ~ ~ .e = fr~ o .;,oCJO ~ ,-, ill '" ~.... C(j 0 tIj....... rJ'J -rJ'J ~, -. .... '" ~........ "" ~ >"0 CJ Q) ~ ~Q 0IJ('t') ...-( E ~ ... Q) c.S 4-1 ~ ~< ~ 0.... ~ .r"-.. ~ .e w rJ'J I i 0'1 Q .". = ~''''' ,,' rc Q Q .............. Q Q _'P' " Q :> Q " Q ('t') ('t') ,0 ~ ~. ~ p '. . . . . {' ~ . I I I I I I I I I I I I I I I I I I I 00 QJ ~ ~ .....-4 U ~ · ....-4 ~ ~ ~ OJJ · ....-4 00 QJ o bJ) q ~ ,....., ~ ~ Q) ..j...J ~ q 's I Lr) . . 00 ~ U -'1"""1 4-c ~ 00 -'1"""1 o ~ ,......j .rJ ~ ~ ,......j ~'""d ~ ~ ~'""d U q ~ .s ~if) g~ u ~ . " :-;:l ~ ..j...J Q) ~ ~ 00 d ~ .. "'C ~ -'1"""1 ............ d ~ = ~ e u d g:E 8 u u" ~ ,....., 0 ~ ~ ,......j 00 g ~ ~'.o ~ ~.~ 0 ~ if) "'C ~.S ~ -'1"""1 ~ ~,.....," d ~.~ ~ ~ q -'1"""1 ,......j Q) 4-c .rJ '""d 0 ~'Uj I d Q) _;:: -'1"""1 ~ 00 .;s Q)" d ~ oo~ ~ 4-c = ~ 4-c 0 Cf) 0 ~ u . . 'g Q) if) " u :.=1 ~ 0... . . ~ 4-c o f ~ z ~ u ~ ~ Cf) d ~ ~Q) o~ > "'C . q ~ 0... 4-c " ~~ ~~ ~o... . o C\I . " ~ ~ o E Q) q '""d ....-( ~ En '""d ~ Q) U q 00 ....-( ~ ~ ~ bJ) if) ~ p--. 0 4-c ,....., IJ..) ~ Q) if) Cf) q ~ . ...-( 0... "'C ~,.....," ~ ~ ~ .. U d ~..9 ~ ~ -'1"""1 ~ ~" 4-c 4-c 0 0 ~ t) I Cf) IJ..) d Cot-4::::l ~ o 0 -'1"""1 U 4-c ~ ~ ~ " 00 ~~ ~....-( ~ ,......j ~ "'C ~ ~ ~ P-c ~ P-c . . I I I I 0 OJ:) .- C\I cu I .~ 0 I d ~ I ~ ~ I 0 ~ I ~ I 0 0 I 0 ~ I d 0 I .~ ~ ~ 1'""'"1 I cu 4-4 I d .~ cu I N .~ ~ I I I . . . . . 16.: -..\- ,~.I; '<t N . . "'f, ir~ , .,.~. ",p . ::;, '::s':'.". ..... ..,:' " .,. -'.~ .'i -', . fi. ~" ..,' '..' #~ " . = .~M'~i' W' . .' .', . . . . . . . 1 1 1 1 1 c I~ 1 5 I~ N I~ ::> 1 Q) .... .- len 1 1 1 1 1 1 1 1 Jill! 'l; i.... C\I C\I g ~EJ~ ~21~~ I~I ~~f -= ~u ~~ =~ =E-! 'fo ;;;J = - ~ ~ = ~~~ ~11l 2; I I I I I I I I I I I I I I I I I I I 00 ~ ~ QJ U = o U = OIJ . """ 00 QJ o ('I) C\J I I I I I I I I I I I I I I I I I I I fJ ~ 5'~ a~, 'oR 8.. I~,--~- ~~~'=='~~, "* - ~'"".....,. ~;~' -~ ~-~~ \ ,~~ '\',',\ 00 ~ o o...-l .....- ~ ~ Qj '"0 o...-l 00 ~ o U ~ OIl o...-l 00 Qj o ~-;::::. ., , ~ ---->--'C " ,,'. , U; '(!J J<<; '/;;j ~ \ , " '_-:-0 ~ - - 00 g >!::;:::l ~"O ~ ~ ~ .;::l ..... t:: ;::l . ~ (/') > I Q) ~ e o ..ss ..... ~"O '- Q) o ~ Q) .~ ~"O ~~ e o ..... ... ~ U o ....:l '- o e o ..... ... ~ U o ..... "0 e ~ (/') ~ Q) ~ ~ ~ Q) > o ~ ..... e o ..... ... ~ "S u ~ ..... U "0 e ~ OJ) e 31 ~ ~ ~ " Q) ~ ~ c.. o ... rJ:J e OJ) ..... (/') .;:: Q) (/') Q ~"O ~ e ~ ~ " ~ <B "0 Q) Q) Z (/') ... U ~ c.. 8 ..... \'\\ \"- ~- . 4 .. ~",,''':'. t).',..; "r'" 1- ,'-:;J'" :~\ . '- I / ./ Q) ~ ;::l (/') e Q) o ... "0 Q) Q) "0 u t .e e Q) e (/') o '- ..... 0 ~ ~ N ;.:::l e ~ .~ e u OJ)!+:l ..... t.i-i rJ:J Q) u , 1-1-' C ~~ ~---- ~~.-" , ~~ '.,',1: ..,.-.,- ~; L , ' '" (' ~~, " ~___c ~-- I !' ~';, ~ (/') Q) ;::l (/') (/') ..... Q) (/') p 8 .t:: Q) ... e ""'" z C ..J C. W ... en (,) =! w I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I '"d CJ ..j..I q o (]) o .~ o ~ ~~ .q o'f""4 ~ q .,.0 .~ ~ ~ tl S = [S d ~ '"d q b> CJ 0 ~~U "{iF;"'> o ~ \I ! ~ ---.--- .. . 5 s , .". -, COUNCIL AGENDA STATEMENT Item Meeting Date ,! U 10/03/06 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO ADOPT THE TENETS OF THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT; AND AtJTHORIZE THE MAYOR TO , EXECUTE THE AGREEMENT SUBMITTED BY: AlliSO~~fe, Land Use/Coastal Policy Advisor City Attorney (4/5ths Vote: Yes _ No-XJ Chief of Staff REVIEWED BY: BACKGROUND: In April 2006, the Sierra Club, San Diego Chapter, contacted the Mayor's Office expressing its concerns about global warming and urging the Mayor to sign on to the Mayor's Climate Protection Agreement. Prior to the formal request by the Sierra Club, the Mayor's Office had been urged informally by Environmental Health Coalition and other individuals to sign on to the Agreement. Citing evidence that no reasonable doubt remains regarding the connection between atmospheric pollution and global warming, these organizations and individuals requested that the City of Chula Vista participate in the U.S. Mayors Climate Protection Agreement and take all necessary steps locally to reduce atmospheric pollution. History of the Climate Protection Agreement To date, 284 other mayors representing nearly 49 million Americans have signed the U.S. Mayors Climate Protection Agreement. In June 2005, the U.S. Conference of Mayors adopted a resolution endorsing the U.S. Mayors Climate Protection Agreement. Mayor Padilla attended the U.S. Conference of Mayors meeting and supported the resolution on which staff had previously completed an analysis (Attachment I). This resolution urges all mayors to participate and calls for a strong partnership between the U.S. Conference of Mayors and ICLEI Local Governments for Sustainability to help the growing number of participating cities implement the Agreement and track progress. It also encourages the federal government to assist cities in sharing best practices on local climate protection programs. RECOMMENDATION: That Council adopt the U.S. Mayors Climate Protection Agreement Resolution and authorize Mayor Padilla to sign the Agreement (Exhibit A). BOARDS/COMMISSIONS: N/A DISCUSSION: Mounting scientific evidence has forced an end to any serious scientific debate on whether humans are causing global climate change. Debate is now focused on whether or not this warming trend can be reversed and if not, how soon it will reach the "tipping point." Regardless, awareness is growing that this warming is strong enough to have serious consequences in the next century. Furthermore, nine of the ten hottest years on record occurred in the last decade. Constituents turn to their local governments for help during dangerous heat waves, wildfires, droughts and floods. b-1 ! Page 2, Item (fi Meeting Date 10/03/06 Here in Chula Vista we are likely to be directly impacted by global climate disruption. Our location on the San Diego Bay and the potential for a significant rise in the sea level, as well as an increasing frequency of wildfires are two of the more conspicuous examples.. The potential impacts to coastal lands such a wetlands and marshes would impact bayfront develdpment and tourism. We are also vulnerable because of low-lying infrastructure and our dependence on imported water and energy. The problems associated with global climate change increase exponentially making it critically important to do as much as is possible before the situation worsens. The City of Chula Vista has always been a leader in these areas as evidenced by the fact that our aggressive pollution reduction programs have recently attracted the National Energy Center for Sustainable Communities. We can set an example for other cities thereby multiplying our positive contribution to combating this global problem. The actions and investments needed to stave off these negative consequences have the additional benefit of making our community healthier and more livable by reducing traffic congestion and toxic air pollution from diesel emissions, for example. It will also increase our energy independence, keeping more money circulating in the local economy and creating a market for alternative forms of energy potentially positioning us as a prime site for solar manufacturing. Families and businesses also stand to benefit from the cost-savings that result from energy efficiency and climate-friendly community design. The City of Chula Vista is already taking a leadership position in the pursuit against global climate change. Since 1993, the City has worked with rCLEr to develop a Carbon Dioxide (C02) Reduction Plan, track greenhouse gas emissions, and mitigate for climate change impacts. The City is currently working to quantify 2005 emission levels that will enable the City to formally assess the Plan's effectiveness. The Department of Conservation & Environmental Services plans on reconvening a Climate Change Task Force in Spring 2007 to develop new emission reduction measures to further the City's efforts. Commitments required bv the U.S. Mavors Climate Agreement On February 16,2005 the Kyoto Protocol, the international agreement to address climate disruption, became law for the 141 countries that have ratified it to date. On that day, Seattle Mayor Greg Nickels launched an initiative to advance the goals of the Kyoto Protocol through leadership and action by American cities. Mayor Nickels, along with a growing number of other US mayors, is leading the development of a U.S. Mayors Climate Protection Agreement. Under the Agreement, participating cities commit to take following three actions: I. Strive to meet or beat the Kyoto Protocol targets in their own communities, through actions ranging from anti-sprawl land-use policies to urban forest restoration projects to public information campaigns; 2. Urge their state governments, and the federal government, to enact policies and programs to meet or beat the greenhouse gas emission reduction target suggested for the United States in the Kyoto Protocol-- 7% reduction from 1990 levels by 2012; and 3. Urge the U.S. Congress to pass the bipartisan greenhouse gas reduction legislation, which would establish a national emission trading system. b-2 Page 3, Item Meeting Date 10/03/06 ~ With respect to item (1) above, the City Council has already initiated the following actions with the creation of the C02 Reduction Plan and Task Force in 1996 (Attachment 2): 1. Establishment of a baseline assessment of 1990 emission levels; 2. Creation of a forecast of the City's emissions in the year 2010; 3. Development of a list of20 actions that the City could undertake to help reach the ultimate emissions target of 80% of 1990 levels by 2010. These generally fall into 3 policy areas including land use, energy conservation and transportation. Some of the actions are: . Municipal Clean Fuel Vehicles - to reduce transit emissions . Green Power Public Education - to inform citizens of renewable energy options . An Energy Efficient Building Program - to encourage home energy conservation . Increased Land Use Mix & Bicycle Lanes- to get residents out of their cars . Energy Efficient Landscaping - to strategically place shade trees . Traffic Signal Upgrades - to reduce municipal energy use . An Updated General Plan (2005) that supports anti-sprawl land use policies Over the last 10 years, the City has made notable progress in implementing these actions. Public Works' Transit Division has updated its fleet so that 84% of buses use Compressed Natural Gas. The Department of Conservation & Environmental Services, in partnership with SDG&E, has distributed over 9,100 compact fluorescent lightbulbs to residents for free, and the Planning Department's GreenStar program has built/approved 2,500 energy efficient homes. The Planning Department has also been pivotal in implementing smart growth, transit-oriented and waIkable communities. Among a host of other significant actions, they have designed neighborhoods around dedicated mass transit right-of-ways, punched through cul-de-sacs to improve walkability and required extensive permeable pathways to encourage a reduction in auto dependence. The Department of Conservation & Environmental Services and the City Arborist have planted over 2,000 shade trees along older residential streets. The Engineering Department has converted all traffic and pedestrian indicator signals to LED bulbs which use about 90% less energy then normal signals, and General Services has incorporated energy saving features such as a Cool Roof and skylights into the design of its Public Works Facility and has installed a photovoltaic solar system at its Household Hazardous Waste Facility. The City's "Building Energy Efficiency Policy" requires all new buildings and facilities be equipped with EnergyStar qualified products and existing buildings and facilities be upgraded as higher efficiency technology becomes available. It is estimated that the City's internal efforts alone have cut its municipal C02 emissions by up to 50%. U.S. Mavors Climate Agreement commitments that exceed current City policv As evidenced, the great majority of actions required in the Climate Agreement have already been taken by the City of Chula Vista. However, there are general commitments in the Agreement that warrant additional attention, including the need to reduce sprawl, preserve open space and create compact, walkable communities in all future land use decisions. Additionally, focused attention should be devoted to the promotion of multi-modal transportation options such as bicycle facilities, commute trip reduction programs, parking maximums and incentives for public transit. Many of these policies have been established through the City's recently adopted General Plan. Others could be included in implementing documents such as the Urban Core Specific Plan. Although C02-focused actions/ordinances are generally captured in the City's C02 Plan, policies that influence actions ranging from anti-sprawl land-use policies to urban forest restoration projects h-3 ( ( Page 4, Item & Meeting Date 10/03/06 are diffuse and scattered throughout a nwnber of guiding docwnents. They take various forms such as policies, ordinances, codes, etc. and are not consolidated in one place. Staff recommends that the City Council consider creating a "sustainability guidebook" for the City of Chula Vista. Through the process of compiling the many existing policies and regulations, gaps could be identified and additional policies brought forward for adoption. This has the benefit of simplifying the process of implementation, gauging progress, analyzing gaps and bolstering our environmental policies for the City. Additionally, there is one specific commitment in the Climate Agreement that the City has yet to adopt. It is: 1. C.7. of the Climate Agreement "Practice and promote sustainable building practices using the U.S. Green Building Council's "Leadership in Energy and Environmental Design" (LEED) program or a similar system." Tonight's action would include the approval of this new commitment. The long term cost benefits of this policy are discussed in the "Fiscal Impacts" section. The City does have a GreenStarprogram to promote energy efficient homes, and the Urban Core Specific Plan (Public Hearing Draft, Sept. 2006) would require "all newly constructed City-sponsored buildings in the Urban Core to qualify for the equivalent of the LEED Silver Certification." However, staff recommends following the lead of other cities by establishing a clear policy requiring LEED certification for all city buildings. Future action might also include directing staff to study the residential LEED standards (currently in development) and make a recommendation regarding adopting a LEED policy or other sustainability standards that apply to all new structures rather than only new city buildings. The following are a list of what other governments are doing with respect to LEED standards: 1. State of California - Executive Order #S-20-04 requires all new and renovated state-owned facilities to be LEED Silver. 2. Boulder, CO - Requires all municipally funded new construction and major addition projects to achieve LEED Silver certification. Also considering requiring certification of commercial projects or developing a LEED-based incentive program. 3. City of Los Angeles - Requires LEED Certification of all public works construction projects over 7,500 gsf. 4. Portland, OR - City requires LEED certification of all new construction and major renovations funded by the city. Have developed city-specific Portland LEED guidelines and encourage Silver, Gold and Platinwn ratings. 5. City of San Diego - City Buildings must meet LEED Silver rating as of April 2002. 6. San Mateo, CA - Requires LEED Certification of public projects. 7. Seattle, W A - Requires LEED Silver Certification of all public projects over 5,000 gsf. Although the City of Chula Vista's Urban Core Specific Plan, if adopted, would require the LEED Silver standard for all new City buildings in the urban core, staff recommends beginning by adopting the same standard as the City of San Diego, (5) above. This would require that all new City buildings meet the LEED Silver rating. DECISION MAKER CONFLICTS: Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in f.-4 Page 5, Item Meeting Date 10/03/06 ~ the California Code of Regulations section I 8704.2( a) (1 ) is not applicable to this decision. FISCAL IMP ACT: There is no direct impact to the General Fund. The cost of building to LEED standards is comparable to conventional construction and can ultimately save the City money over the long term. The cost per square foot for building'S seeking LEED Certification falls into the existing range of costs for buildings not seeking LEED Certification (Source: 2004 study done by the cost consultants David Langdon, "Costing Green,"). An upfront investment of 2% in green building design, on average, results in life cycle savings of 20% of the total construction costs - more than ten times the initial investment (Source: The Costs and Financial Benefits of Green Buildings: A Report to California's Sustainable Building Task Force, October 2003). A $4 investment (per square foot) in building green nets a $58 benefit (per sq. ft.) over 20 years: . Estimated health & productivity benefits: $46 . Operations & maintenance: $8.50 . Energy savings: $5.80 . Emissions savings: $1.20 . Water savings: $0.50 Therefore any building costs accrued by the City for meeting the LEED Silver rating standard on new buildings are marginal or would be offset by long-term cost savings such as those described above. Additionally, future projects will be brought forward on an individual basis with specific budgets and a range of options for consideration. At that time, the City Council can fully assess the costs and benefits of using sustainability guidelines on a proj ect specific basis. ATTACHMENTS: Attachment 1 - Information Memo from Ken Lee, Principal Community Development Specialist to Zaneta Encarnacion, Constituent Services Manager, Office of the Mayor Attachment 2 - Chula Vista C02 Reduction Plan, Adopted November 14,2000 /'-5 . , Attachment 1 ~~~ -.- . - ---- - -- - - - - - - - Community Development Department City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5047 - 619.476.5310 Fax cvcomdev@ci.chula-vista.ca.us INFORMATION MEMO C1lY OF CHULA VISTA TO: Zaneta Encarnacion, Constituent Services Manager Office of the Mayor VIA: Dana M. Smith, Assistant City Manager FROM: Ken Lee, Principal Community Development Specialist CC: David D. Rowlands, Jr., City Manager Denny Stone, Economic Development Manager Michael Meacham, Director, Conservation and Environmental Services DAlE: May 31,2006 SUBJECT: U.S. Conference of Mayors - Proposed Resolution No. 50 On May 20, 2006, the Mayor's Office received an e-mail from a constituent requesting the Mayor's support for Resolution No. 50, a policy measure that is currently being proposed for adoption by the U.S. Conference of Mayors. Resolutions adopted by the U.S. Conference of Mayors do not impact federal, state, or local laws, but instead establish priorities and policy direction for the U.S. Conference of Mayors in their outreach and coordination efforts with local municipalities on key policy issues. These policy resolutions are adopted each year by the U.S. Conference of Mayors at their annual conference. Resolution No. 50 will be considered for adoption at the upcoming 74th Annual Conference which will be held in Las Vegas, Nevada from June 2 to 6. Resolutions must be approved by an assigned Standing Committee and by a vote of the entire membership of the U.S. Conference of Mayors. Resolution No, 50 and the "2030 Challene:e" Resolution No. 50 (attached) was collaboratively submitted for consideration of the U.S. Conference of Mayors by the Mayors of Alburquerque, Seattle, Chicago, and Miami. The resolution would seek to support new and progressive goals and standards for fossil fuel emissions and energy efficiency in new and renovated buildings. These new standards are contained in the "2030 Challenge," a policy statement developed by the American Institute of Architects (AlA) calling for the immediate energy reduction of all new and renovated buildings to one-half the national average, with increased reductions of 10% every five years so that, by the year 2030, all new and renovated buildings will be carbon neutral and free of fossil fuels. Procedures for Considerine: and Votioe: 00 Resolutions The Agenda for the 74th Annual Conference of the U.S. Conference of Mayors (attached) includes a concurrent session on Friday, June 2 at 2:30 pm on "Solving the Nation's Energy and Environmental Crisis." Discussion topics during this session will include climate protection, fossil fuel emissions, 6-6 , , May 31, 2006 Information Memo to Mayor's Office re U.S. Conference of Mayors Resolution No. 50 Page 2 green building designs, and sustainable development. On Saturday, June 3, a Standing Committee on Energy will meet at 2:30 pm to vote on Resolution No. SO, and other energy-related resolutions submitted to the U.S. Conference. This meeting is open to all mayors, but only members of the Standing Committee may vote on the proposed resolutions. Resolutions that pass Committee will then be debated and voted on by the full membership of the U.S. Conference of Mayors on Monday, June 5 at lOam, during the "Business/Plenary Session" of the conference. Resolution No. 50 is one of 82 resolutions that are being proposed in 2006 to the U.S. Conference of Mayors in total, and one of seven that are being proposed on energy issues. Recommendation The sustainability policies set forth in Resolution No. 50 and the 2030 Challenge are consistent with practices already being developed and implemented in the City of Chula Vista, including multi-level efforts to promote new conservation design and management practices. Recent efforts include: Q The energy efficiency and sustainability components of the proposed University Park & Research Center (UPRC), including the research and technology elements of the UPRC. Q The updated sustainable development policies established in the recently adopted General Plan Update. Q The progressive incentive programs contained in the Draft Urban Core Specific Plan to promote and encourage sustainable development practices and green building designs. Q The various educational and outreach programs of the City's Conservation and Environmental Services Department on the topic of energy and natural resource conservation. Resolution No. 50 and the 2030 Challenge supports these efforts and would promote new, cutting- edge sustainability practices across the country. Staff therefore recommends that the Mayor support and vote in favor of Resolution No. 50 at the upcoming 74'" Annual Conference of the U.S. Conference of Mayors. If you or the Mayor has any questions or concerns about Resolution No. 50, please contact Dana M. Smith, Assistant City Manager, or myself at (619) 691-5047. b-7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO ADOPT THE TENETS OF THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT; AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the U.S. Conference of Mayors has previously adopted strong policy resolutions calling for cities, communities and the federal government to take actions to reduce global warming pollution; and WHEREAS, the Inter-Governmental Panel on Climate Change (IPCC), the international community's most respected assemblage of scientists, has found that climate disruption is a reality and that human activities are largely responsible for increasing concentrations of global warming pollution; and WHEREAS, recent, well-documented impacts of climate disruption include average global sea level increases of four to eight inches during the 20th century; a 40 percent decline in Arctic sea-ice thickness; and nine of the ten hottest years on record occurring in the past decade; and WHEREAS, climate disruption of the magnitude now predicted by the scientific community will cause extremely costly disruption of human and natural systems throughout the world including: increased risk of floods or droughts; sea-level rises that interact with coastal storms to erode beaches, inundate land, and damage structures; more frequent and extreme heat waves; more frequent and greater concentrations of smog; and WHEREAS, on February 16,2005, the Kyoto Protocol, an international agreement to address climate disruption, went into effect in the 141 countries that have ratified it to date; 38 of those countries are now legally required to reduce greenhouse gas emissions on average 5.2 percent below 1990 levels by 2012; and WHEREAS, the United States of America, with less than five percent of the world's population, is responsible for producing approximately 25 percent of the world's global warming pollutants; and WHEREAS, the Kyoto Protocol emissions reduction target for the U.S. would have been 7 percent below 1990 levels by 2012; and WHEREAS, many leading US companies that have adopted greenhouse gas reduction programs to demonstrate corporate social responsibility have also publicly expressed preference for the US to adopt precise and mandatory emissions targets and timetables as a means by which to remain competitive in the international marketplace, to mitigate financial risk and to promote sound investment decisions; and '-8 WHEREAS, state and local governments throughout the United States are adopting emission reduction targets and programs and that this leadership is bipartisan, coming from Republican and Democratic governors and mayors alike; and WHEREAS, many cities throughout the nation, both large and small, are reducing global warming pollutants through programs that provide ,economic and quality of life benefits such as reduced energy bills, green space preservation, air quality improvements, reduced traffic congestion, improved transportation choices, and economic development and job creation through energy conservation and new energy technologies; and WHEREAS, the City of Chula Vista in adopting the updated General Plan in December 2005 committed to certain sustainable development policies; and WHEREAS, the City of Chula Vista has been a leader in the reduction of CO2 and other pollutants; and WHEREAS, the City of Chula Vista, in partnership with the National Energy Center for Sustainable Communities, has committed the resources to reducing global warming through development of a model sustainable cornmunity for the state and nation; and WHEREAS, Chula Vista Mayor Stephen C. Padilla participated in the 73rd annual U.S. Conference of Mayors meeting and supported adoption of the Resolution supporting the US Mayors Climate Protection Agreement; and WHEREAS, mayors from around the nation have signed the U.S. Mayors Climate Protection Agreement which, as amended at the 73rd Annual U.S, Conference of Mayors meeting, reads: The U.S. Mayors Climate Protection Agreement A. We urge the federal government and state governments to enact policies and programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including efforts to: reduce the United States' dependence on fossil fuels and accelerate the development of clean, economical energy resources and fuel- efficient technologies such as conservation, methane recovery for energy generation, waste to energy, wind and solar energy, fuel cells, efficient motor vehicles, and biofuels; B. We urge the U.S, Congress to pass bipartisan greenhouse gas reduction legislation that includes 1) clear timetables and emissions limits and 2) a flexible, market-based system of tradable allowances among emitting industries; and C. We will strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and communities such as: b-9 ! I I 1. Inventory global warming emissions in City operations and in the community, set reduction targets and create an action plan. 2. Adopt and enforce land-use policies that reduce sprawl, preserve open space, and create compact, waIkable urban communities; 3. Promote transportation options such as bicycle trails, commute trip reduction programs, incentives for car pooling and public transit; 4. Increase the use of clean, alternative energy by, for.example, investing in "green tags", advocating for the development of renewable energy resources, recovering landfill methane for energy production, and supporting the use of waste to energy technology; 5. Make energy efficiency a priority through building code improvements, retrofitting city facilities with energy efficient lighting and urging employees to conserve energy and save money; 6. Purchase only Energy Star equipment and appliances for City use; 7. Practice and promote sustainable building practices using the U. S. Green Building Council's LEED program or a similar system; 8. Increase the average fuel efficiency of municipal fleet vehicles; reduce the number of vehicles; launch an employee education program including anti-idling messages; convert diesel vehicles to bio-diesel; 9. Evaluate opportunities to increase pump efficiency in water and wastewater systems; recover wastewater treatment methane for energy production; 10. Increase recycling rates in City operations and in the community; II. Maintain healthy urban forests; promote tree planting to increase shading and to absorb C02; and 12. Help educate the public, schools, other jurisdictions, professional associations, business and industry about reducing global warming pollution. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista adopt the tenets of the U.S. Mayors Climate Protection Agreement and authorize the Mayor to sign the Agreement "Exhibit A". Presented by Approved as to form by Allison Rolfe Land Use/Coastal Policy Advisor oore 1'(Sity At(o ey 't-10 Exhibit A US Conference of Mayors Climate Protection Agreement - Signature Page You have my support for the US Mayors Climate Protection Agreement. Date: Mayor: Signature: Address: City: State: Zip: Mayor's Email: Staff Contact Name: Staff Contact Title: Staff Phone: Staff Email: Please add my comments in support of the US Mayors Climate Protection Agreement. We will add these to the Website (optional): Please return completed form at your earliest convenience to: US Mayors Climate Protection Agreement By Mail: cIa City of Seattle Office of Sustainability and Environment Seattle Municipal Tower PO Box 94729 Seattle, WA 98124-4729 By Fax: (206) 684-3013 By Email: john.mauro@sealtle.gov For more Information: (206) 733-9084 "6-11 , , US Mayors Climate Protection Agreement - Contact Information Seattle Mayor Greg Nickels is coordinating this initiative. He can be reached at 206-684-4000. The primary staff contacts for Seattle are: John Mauro, Climate Project Analyst Office of Sustainability and Environment (206) 733-9084 iohn. mauro@seattle.oov PO Box 94729 Seattle Municipal Tower Seattle, WA 98124-4729 Kim Drury, Senior Policy Advisor Office of Sustainability and Environment (206) 684-3214 kim. drurv@seattle.oov PO Box 94729 Seattle Municipal Tower Seattle, WA 98124-4729 US Mayors Climate Protection Agreement Website: wwwseattle.oov/mavor/c1imate ir12 I I I I I I I I I I I I I I I 1 I I - -----I Tkm0 Attachment 2 Adopted November 14, CHULA VISTA CO2 REDUCTIONyP , Cof/ON HI-E ( ()~:3D-/4 ~\~~ ~ -- - ._-- ~-----~~ ""'"~""'"-~ CllY OF CHUlAVISfA ~v~ -.- '-- --- ~5~~ Mayor and City Council Cjty Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO CllY OF CHUlA VISTA September 26, 2006 TO: Honorable Mayor & City Council FROM: Lilia Cesena 'It RE: Board of Ethics Interviews Below is the list of candidates scheduled for interviews on Tuesday, October 3, 2006 beginning at 5:00 p.m. in Council Chambers. Their applications are attached for your reference. If you have any questions or need further information, please let me lmow. Board of Ethics INTERVIEW SCHEDULE OF SELECTED APPLICANTS Tuesday, October 3,2006 5:00 p.m. INTERVIEW TIME CANDIDATE 1. 2. 3. 4. 5. 5:00 p.m. 5:15 p.m. 5:45 p.m. 6:00 p.m. 6:15 p.m. Harriet F. Acton Norma Toothman Todd Glanz Valerie McFarland Elizabeth Scott Attachments. cc: Tom Oriola (wi attachments) 10-1