HomeMy WebLinkAbout2006/11/14 Agenda Packet
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the , r ,
OHice of the City Clerk and that I posted this ~ \ f ~
ton Ih.e bulletin board according 10 =~ :::
eqUlrsmenta. '5 '5 =- "'=
CiA" . -/IA CIlY OF
"Signed /1ta.U 't.LWocHULA VISfA
/:!f
Stephen C.
Patricia E. Chavez, Councilmember
John McCann, Coullcilmember
Jerry R. Rindone, Councilmcmber
Steve Castaneda, COllllcilmember
Padilla, Mayor
Jim TIlolllson, Interim City Manager
Ann Moore, City Attorney
Susan Bigelow, City Clerk
November 14, 2006
6:00 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
. OATHS OF OFFICE
Theresa Acerro, Growth Management Oversight Commission
John Ray, Growth Management Oversight Commission
. DID YOU KNOW...ABOUT THE CHULA VISTA POLICE DEPARTMENT'S
ACADEMY OF CRIMINOLOGY & JUSTICE PROGRAM AT OTAY RANCH HIGH
SCHOOL? Presented by Leonard Miranda, Police Captain.
CONSENT CALENDAR
(Items 1 through 6)
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. WRITTEN COMMUNICATIONS
A. Memorandum from Mayor Padilla requesting an excused absence from the City
Council meeting of November 14, 2006 and the Chula Vista Redevelopment
Corporation/Redevelopment Agency/City Council meeting of November 16,
2006.
Staff recommendation: Council excuse the absences.
T
B. Memorandum from Councilmember Chavez requesting an excused absence from
the City Council meeting of November 14, 2006 and the Chula Vista
Redevelopment Corporation/Redevelopment Agency/City Council meeting of
November 16, 2006.
Staff recommendation: Council excuse the absences.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEED
GRANTING AN EASEMENT OVER A PORTION OF CITY-OWNED LAND TO
PACIFIC BELL TELEPHONE COMPANY FOR UTILITY AND ACCESS PURPOSES
AS NECESSARY TO INSTALL AND MAINTAIN AN ABOVE-GROUND SERVICE
CABINET.
Adoption of the resolution grants an easement over a portion of City-owned land on the
east side of Oleander Avenue, south of East Palomar Street, to Pacific Bell Telephone
Company for utility and access purposes as necessary to install and maintain an above-
ground service cabinet. The cabinet is being installed to improve service to residences in
the area. (Acting Engineering Director)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A 120-DA Y EXTENSION TO THE DEFERRAL OF THE PORTION OF
THE COMPREHENSIVE GENERAL PLAN UPDATE COMPRISED OF FUTURE
VILLAGES 8, 9, 10 / UNIVERSITY AREA OF OT A Y RANCH
The extension to the deferral of the portion of the comprehensive General Plan update is
necessary in order to provide sufficient time to enable the landowners and the City to
agree upon a defined draft land plan. (Planning and Building Director)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING PROPOSALS AND AWARDING THE FOOD PREPARATION AND
DELIVERY SERVICES AGREEMENT TO PEARTREES CATERING
INCORPORATED, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
The Police and Purchasing Departments have completed an evaluation of proposals
received for food preparation and delivery services (RFP 1-06/07 -R) for the Police
Department's holding facility. Adoption of the resolution accepts proposals, awards the
agreement to Peartrees Catering Incorporated, and authorizes the Mayor to execute the
agreement. (Police Chief)
Staffrecommendation: Council adopt the resolution.
Page 2 - Council Agenda
http://www.chulavistaca.gov
November 14,2006
T
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP AND ASSOCIATED AGREEMENTS FOR CHULA
VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-17,
ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION OF FEE
INTEREST GRANTED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE
CITY OF CHULA VISTA THE VARIOUS PUBLIC EASEMENTS AS GRANTED ON
SAID MAP
Adoption of the resolution approves a final map and associated agreements for
Neighborhood R-17, a subdivision of Otay Ranch Village 11. Neighborhood R-17 will
consist of residential condominiums and two open space lots, Lot A, along Hunte
Parkway to the south and Lot B, along the Paseo to the east. (Acting Engineering
Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP AND ASSOCIATED AGREEMENTS FOR CHULA
VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS MU-l
AND R-19, ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION
OF FEE INTEREST GRANTED ON SAID MAP AND ACCEPTING ON BEHALF OF
THE CITY OF CHULA VISTA THE VARIOUS PUBLIC EASEMENTS AS
GRANTED ON SAID MAP
Adoption of the resolution approves a final map and associated agreements for
Neighborhoods MU-l and R-19, a subdivision of Otay Ranch Village 11.
Neighborhoods MU-l and R-19 consist of residential condominiums, mixed-use
condominiums, and commercial acres on three lots with three open space lots (Lots A, B
and C) along Eastlake Parkway. (Acting Engineering Director)
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
Page 3 - Council Agenda
http://www.chulavistaca.gov
November 14, 2006
T
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
7. CONSIDERATION OF ADOPTION OF THE DRAFT FINAL OTAY RNER
WATERSHED MANAGEMENT PLAN (WMP)
On April 15, 2003, the City entered into a joint exercise of powers agreement with the
County of San Diego, the cities of Imperial Beach and San Diego, and the San Diego
Unified Port District; and participated in the development of the Otay River Watershed
Management Plan (WMP). The WMP is a document that characterizes the resources of
the Otay River watershed and identifies implementing strategies to protect and enhance
the water quality and biological resources. Adoption of the resolution adopts the final
plan and allows the City and the other participants to pursue funding opportunities to
implement the strategies identified. (Planning and Building Director)
Staffrecommendation: Council open the public hearing and continue it to November 21,
2006.
OTHER BUSINESS
8. CITY MANAGER'S REPORTS
9. MAYOR'S REPORTS
A. Ratification of Mr. John Acosta to the Veterans Advisory Commission.
B. Consideration of designation of voting delegate and alternate for National League
of Cities Annual Business Meeting to be held Saturday, December 9, 2006 in
Reno, Nevada.
10. COUNCIL COMMENTS
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).
II. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
One case
Page 4 - Council Agenda
http://www.chulavistaca.gov
November 14, 2006
.
ADJOURNMENT to the Adjourned Regular Meeting of November 16, 2006 at 6:00 p.m.,
and thence to the Regular Meeting of November 21, 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 Devicesfor the Deaf (TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
Page 5 - Council Agenda
http://www.chulavistaca.gov
November 14, 2006
,
~V~
-.-
. ---
~ - =
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMORANDUM
ellY OF
(HULA VISfA
Wednesday, November 08,2006
FROM:
Members oflhe Cil:y Council jJ /J
Stephen C. Padilla, May.a~
TO:
RE:
Request for Excused Absence
I will be in Huntington Beach "ttending Coastal Commission meetings Tuesday, November 14
through Friday, November 17, 2006. As a result, I will be unable to attend the City CouncJ
meeting on the 14,1. and the*CVRC Board meeting on the 16'". Therefore, I hereby request an
excused absence from these meetings.
Cc: City Manager
City Attorney
City Cled.
Mary Donnelly
*Joint Meeting of the Chula Vista Redevelopment Corporation/Redevelopment Agency/
City Council
I-A
T
~V~
:~_-.:
...;:;; ---
,
Mayor and City Council
City Of Chula Visla
276 Fourth Avenue
Chula Vista. Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMORANDUM
cnv OF
CHULA VISfA
Wednesday, November 08,2006
RE:
Honorable Mayor and Members of the City CouncJ
Councilmember Pahicia Cbavez @..
Request for Excused Absence
TO:
FROM:
During the week of November 13, 2006, I will be out of town on scheduled family business and,
tberefore, unable to attend the City Council meeting on Tuesday, November 14 as well as the
*CVRC Board meeting on Thursday, November 16. As a result, I hereby request an excused
absence horn these meetings.
Cc: City Manager.
City Attomey
City Clerk
Mary Donnelly
*Joint Meeting of theChula,:.Vista.Redevelopment Corporation/Redevelopment Agency/
City Council
I-B
T
COUNCIL AGENDA STATEMENT
Item d-
Meeting Date: 11/14/06
Resolution authorizing the Mayor and City Clerk to execute an
Easement Deed over a portion of City-owned land to Pacific Bell Telephone
Company for Utility and Access Purposes as necessary to install and maintain
an above ground service cabinet.
SUBMITTED BY: Acting Director of Engineering ~
/
REVIEWED BY: InterimCityManager;t
ITEM TITLE:
(4/5ths Vote: Yes_NoX)
It is requested that the City Council adopt a Resolution authorizing the granting of an easement over
a portion of City-owned land located on the east side of Oleander Avenue, south of East Palomar
Street, to Pacific Bell Telephone Company. This easement is for Utility and Access Purposes as
necessary to install and maintain an above ground service cabinet. This cabinet is being installed to
improve service to residences in the area.
RECOMMENDATION:
That Council adopt the resolution authorizing the granting of a easement over a portion of City-
owned land to Pacific Bell Telephone Company (Pac Bell) for Utility and Access Purposes and
authorizing the Mayor and City Clerk to execute the Easement Deed.
BOARDS/COMMISSIONS RECOMMENDATION: N/ A
DISCUSSION:
Pac Bell is requesting an easement to install a new 52B cabinet on a piece of City-owned land on the
east side of Oleander Avenue, south of East Palomar Street. The design parameters of this cabinet
require that it be placed within twenty feet of an existing Service Area Interface cabinet. The only
site available within twenty feet of this service area interface is a City parcel. The new cabinet is the
next generation offaster, higher volume fiber optic communication services to be implemented in the
neighborhood.
The subject parcel was granted to the City in fee by Grant Deed dated June II, 1968 and recorded
April 29, 1969 as FilelPage No. 69-72316. While the City is under no obligation to grant this
easement without compensation, staffhas determined that the value ofthe easement is nominal and
that the benefits of upgrading service to the neighborhood outweigh any impacts caused by the
facilities. Additionally, staff has determined that the proposed easement use is consistent with the
permissible uses for this land. Staff therefore recommends that the easements be granted to Pac Bell.
ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the
proposed activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity is not a "Project" as defined under Section 153 78(b)( 5) of the State
CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the
activity is not subject to CEQA. Thus, no environmental review is necessary.
2-1
T
Page 2, Item d-
Meeting Date: 11/14/06
DECISION MAKER CONFLICTS: Staffhas reviewed the property holding ofthe 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: There is no fiscal Impact to the General Fund. All installation and
maintenance cost will be borne by Pac Bell.
Attachment - Plat showing Easement area
J:\EngineerIAGENDA\CAS2006\11-14-06\Pac Bell Oleander Easernent.doc
2-2
T
A 77Ae:;i./MIFAl7
) ~ /il f .... \
, ~,~II Ual- --- ~
~ -------
\ \ ~ ~r~-~~
~'\ ____ \ ~\ \~-oa~EC1' ~
\----~~ \
~~ ~~~" Ii \
~ X---\\ I \
=-t \y \ / / .~ \
j ~'~'\:\ r~ I 1\ /
\~ ~<<. I.. /
\ ---- .~~\" '\.---1 r f, '. r-:
\ . (\"'v/) \ LVI \ -\(\\
/ \ \ ~0 F 0\ \
\ /I-<~' \ !! - ~/( --)~'-
\ I - I I I '\. \ ,)-/\'----1
k./ . ./~ cj:j I "'~~ .LV&
\'~ \ ~"'Y/ /~""- / -r \ k/\ \\ \
_ EASEMENT LOCATION
- IV 07 "Tc) SC:A (. IE _
2-3
RESOLUTION NO. 2006-
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A DEED GRANTING AN EASEMENT OVER A
PORTION OF CITY-OWNED LAND TO PACIFIC BELL
TELEPHONE COMP ANY FOR UTILITY AND ACCESS
PURPOSES AS NECESSARY TO INSTALL AND MAINTAIN AN
ABOVE-GROUND SERVICE CABINET.
WHEREAS, the City of Chula Vista is the fee owner of that certain real property
situated in the City Of Chula Vista, County of San Diego, State of California, identified
as San Diego County Assessors Parcel No. 620-520-10 ("City Property"); and
WHEREAS, Pacific Bell Telephone Company ("Pac Bell") is currently upgrading
service in the neighborhood around the City Property to the next generation of faster,
higher volume fiber optic communication facilities; and
WHEREAS, Pac Bell has an existing Service Area Interface cabinet adjacent to
the City Property; and,
WHEREAS, the design parameters of the proposed cabinet require that it be
placed within twenty feet of the existing Service Area Interface cabinet and the City
Property is the only site available; and
WHEREAS, the proposed easement use is consistent with the permissible uses for
the City Property; and
WHEREAS, staff recommends that the City grant this easement without
compensation because the value of the easement is nominal and the benefits of upgrading
service to the neighborhood outweigh any potential impacts of the easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista that it authorizes the Mayor and City Clerk to execute a deed granting an
easement over a portion of City-owned land to Pacific Bell Telephone Company for
utility and access purposes as necessary to install and maintain an above-ground service
cabinet.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
'~Jl~ ()L~
Ann Moore
City Attorney
2-4
T
COUNCIL AGENDA STATEMENT
Item: 3
Meeting Date: 11/14/06
SUBMITTED BY:
Resolution of the City Council of the City of Chula Vista
approving a 120-day Extension t<;> the Deferral of the portion
of the Comprehensive General Plan Update comprised of
future Villages 8,9, I O/University Area of Otay Ranch.
Director of Planning an~ldin~
Interim City Manager Vi (4/5ths Vote: Yes_ No-.1Q
ITEM TITLE:
REVIEWED BY:
DISCUSSION:
On December 13, 2005, the City Council approved with one exception the City's
Comprehensive General Plan Update. The exception was that area which is comprised of
Villages 8,9, and 10/University area within Otay Ranch, which was deferred for a period
of 120 days. This area was deferred twice more. The current deferral will expire on
November 22, 2006.
The deferrals have been intended to provide sufficient time to explore with major owners
the feasibility of the potential land use changes with regard to sound planning principles
and to evaluate consistency with the goals and objectives of the General Plan Update.
Refined potential land use plans, better enable the City to attain its goals of viable
university and technology park sites. To this end staff has worked closely with the
affected property owners on remaining outstanding issues that need to be resolved in
order to develop a refined draft land plan that is workable for all parties involved. Staff
has clearly articulated the needs of the City. The two landowners are now working
together with professional consultant assistance in order to reach agreement on a land
plan that is mutually agreeable. If they are successful, their draft land plan will be
presented to City stafffor review and analysis.
Staff is again recommending a deferral period of 120 days.
Any proposed draft land use plan( s), generated through this process, would be reviewed
by the Planning Commission and City Council at Public Hearings through the General
Plan Update/General Development Plan process.
RECOMMENDATION: That the City Council adopt the draft resolution extending for
an additional 120 days the deferral for the area comprised as Villages 8,9, and
10/University of Otay Ranch.
3-1
T
Page 2, Item No. Cl,
Meeting Date: 11/14/06
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DECISION-MAKER CONFLICTS:
No Property within 500 feet:
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 subject to this action.
FISCAL IMP ACT: There is no direct fiscal impact from approving this resolution.
J:\planning\jim\COUNCIL AGENDA STATEMENT GPU Deferral.doc
3-2
T
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A 120-DAY
EXTENSION TO THE DEFERRAL OF THE PORTION
OF THE COMPREHENSIVE GENERAL PLAN
UPDATE COMPRISED OF FUTURE VILLAGES 8, 9,10
/ UNIVERSITY AREA OF OT A Y RANCH.
WHEREAS, the City Council on December 13, 2005 approved the
Comprehensive Update of the General Plan with exception of that area comprised of
future Village 8,9, and 10/ University (deferral area), which was deferred for 120 days;
and
WHREAS, in order to provide time to explore the feasibility of potential land use
changes with regard to sound planning principles, and to evaluate consistency with the
goals and objectives of the General Plan Update, consideration of land use designations
and certain policies and objectives pertaining to Villages 8,9, and 10 / University of the
Otay Ranch were on April 10, and again on July 25,2006 deferred for an additional 120
days each; and
WHEREAS, these efforts to refine the land use plans are still ongoing, and
additional time is needed in order to create a refined proposed land use plan fully
consistent with the goals of the General Plan Update.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista hereby finds, determines, and resolves as follows; that the portion of the
comprehensive update of the General Plan comprised of future Village 8, 9, 10 /
University is deferred for an additional 120 days from the effective date of this resolution
in order to provide time to explore the feasibility of potential and use changes with regard
to sound planning principles, and to evaluate consistency with goals and objectives of the
General Plan Update.
Presented by
Approved as to form by
James D. Sandoval
Director of Planning and Building
J:\planning\jim\COUNCIL AGENDA STATEMENT GPU Deferral Reso.doc
3-3
T
COUNCIL AGENDA STATEMENT
Item:
Meeting Date:
4
11/14/06
ITEM TITLE: RESOLUTION ACCEPTING PROPOSALS,
AWARDING THE FOOD PREPARATION AND DELIVERY
SERVICES AGREEMENT TO PEARTREES CATERING
INCORPORATED AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT.
SUBMllTED BY, Chief of Po,;~
REVIEWED BY: City Manager II (4/5ths Vote: Yes_ NolL)
The Police Department, with the assistance of the Purchasing Division, has
completed the evaluation of proposals received for Food Preparation and
Delivery Services (RFP 1-06/07-R) for the Chula Vista Police Department
Holding Facility. Adoption of the resolution accepts proposals, awards the
agreement to Peartrees Catering Incorporated and authorizes the Mayor to
execute the agreement.
RECOMMENDATION: That Council adopt the resolution accepting proposals,
awarding the food preparation and delivery services agreement to Peartrees
Catering Incorporated and authorizing the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Pursuant to Section 2.56 of the Chula Vista Municipal Code, a Request for
Proposal (RFP) was issued for food preparation and delivery services to the
Police Department Holding Facility. The RFP outlined the purpose, period of
coverage, response instructions, minimum qualifications, scope of services and
general terms/conditions. On September 29, 2006, a public notice was
advertised in the Star News regarding this request for proposal, with a proposal
submittal deadline of October 18, 2006. Additionally, seven companies in the
food preparation and delivery business that potentially qualify for the requested
services were contacted, and five companies expressed interest. However, only
one company (peartrees Catering, Inc.) responded to the RFP by submitting a
proposal. The proposal was unsealed during the public bid opening on October
18, 2006. No vendors attended the bid opening.
4-1
.
Page 2,ltem: +
Meeting Date: 11/14/06
The qualification and selection process involved a thorough proposal review to
determine if the proposal conforms to the solicitation and if the proposal is
considered to be in the best interest of the City, with price, experience and
service delivery being considered. Based on this evaluation, the Police
Department recommends awarding Peartrees Catering Inc. for the food
preparation and delivery services to the Police DepartfTlent Holding Facility. The
proposal from Peartrees Catering Inc. offered reasonable costs, 18 years of
experience in the food preparation and delivery business, and all responses
complied with the scopes of services outlined in the RFP. On October 20, 2006,
a notice of intent to award was sent to Peartrees Catering Inc.
This food preparation and delivery services agreement covers a two-year period
beginning December 1, 2006 through November 30, 2008 and may be extended,
by mutual consent, for five additional one-year periods. Moreover, the rates for
food preparation and delivery services are fixed for the first two years of the
agreement. Any increase in food preparation and/or delivery services may be
negotiated at the conclusion of the initial two-year period. Prior to each annual
extension, staff will evaluate the need to re-bid the contract.
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 California
Code of Regulations section 18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT:
Costs for food preparation and delivery services to the Police Department
Holding Facility are already included in the Police Department's budget.
Therefore, there is no additional fiscal impact to the General Fund by awarding
this agreement. The total value of this contract will be approximately $400,000
for the first two years of the contract, depending upon the number of prisoners
held at the Holding Facility during this period.
Attachment: Agreement with Peartrees Catering, Inc.
4-2
.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING PROPOSALS, AWARDING THE FOOD
PREPARATION AND DELIVERY SERVICES AGREEMENT TO
PEARTREES CATERING INCORPORATED AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT.
WHEREAS, the Purchasing Department issued a Request for Proposal
(RFP), pursuant to Section 2.56 of the Chula Vista Municipal Code, for food
preparation and delivery services to the Police Department Holding Facility; and
WHEREAS, a public notice was advertised in the Star News regarding this
Request for Proposal on September 29, 2006; and
WHEREAS, seven companies deemed qualified for the requested
services were contacted by the Purchasing Department, and five companies
expressed interest; and
WHEREAS, one company responded to the RFP by submitting a
proposal; and
WHEREAS, the qualification and selection process involved a thorough
proposal review to determine if the proposal conforms to the solicitation and if the
proposal is considered to be in the best interest of the City; and
WHEREAS, the Police and Purchasing Departments recommend to award
Peartrees Catering Inc. for the food preparation and delivery services to the
Police Department Holding Facility.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby accept the proposals and approve the food
preparation and delivery services agreement with Peartrees Catering Inc., a copy
of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized to execute the said Agreement on behalf of the City of Chula
Vista.
Approved as to form by:
Ric ard P. Emerson
Police Chief
n Moore
ity Attorney
r
4-3
T
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~~~
Ann Moore II
CIty Attorney
Dated: II /0 /tJ&
/ /
Agreement between City of Chula Vista and
Peartrees Catering, Inc. for
Food Preparation and Delivery Services
4-4
r
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Peartrees Catering, Inc.
for Food Preparation and Delivery Services
This agreement ("Agreement"), dated November 14, 2006 for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A,
paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Peartrees
Catering, Inc. ("Consultant"), whose business form is set forth on Exhibit A, paragraph 5,
and whose place of business and telephone numbers are set forth on Exhibit A, paragraph
6 ("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, the City of Chula Vista Police Department (CVPD) has been operating
a Type I Holding Facility since September 6,2005; and,
Whereas, Consultant warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services
required of Consultant to City within the time frames herein provided all in accordance
with the terms and conditions of this Agreement; and,
Whereas, the City has successfully used Peartrees Catering, Inc. for both public
and private functions, as well as for limited jail food service; and
Whereas, the City has issued a Request for Proposal, pursuant to Section 2.56
of the Chula Vista Municipal Code, for food preparation and delivery services to the
Police Department Holding Facility, and Peartrees Catering, Inc. was selected during
this process;
Peartrees Catering, Inc.
Agreement
Page 1
4-5
T
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant
shall also perform all of the services described in Exhibit A, Paragraph 8, entitled
"Scope of Work and Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such
Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth
therein, time being of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall be herein referred to
as the "Defined Services". Failure to complete the Defined Services by the times
indicated does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Services to be performed by the Consultant under this Agreement.
Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with
said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless
a separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
Peartrees Catering, Inc.
Agreement
Page 2
4-6
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations.
"
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed
by it in connection with the Services required to be rendered, are protected against the
risk of loss by the following insurance coverages, in the following categories, and to the
limits specified, policies of which are issued by Insurance Companies that have a Best's
Rating of "A, Class V' or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit
applied separately to each project away from premises owned or rented by Consultant,
which names City as an Additional Insured, and which is primary to any policy which the
City may otherwise carry ("Primary Coverage"), and which treats the employees of the
City in the same manner as members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph
9, unless Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to
the commencement of services required under this Agreement, by delivery of
Certificates of Insurance demonstrating same, and further indicating that the policies
may not be canceled without at least thirty (30) days written notice to the Additional
Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the
City demonstrating same, which shall be reviewed and approved by the Risk Manager.
Peartrees Catering, Inc.
Agreement
Page 3
4-7
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Performance Bond (indicated by a'check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond in the form
prescribed by the City and by such sureties which are authorized to transact such
business in the State of California, listed as approved by the United States Department
of Treasury Circular 570, http://www.fms.treas.gov/c570, and whose underwriting
limitation is sufficient to issue bonds in the amount required by the agreement. and
which also satisfy the requirements stated in Section 995.660 of the Code of Civil
Procedure, except as provided otherwise by laws or regulations. All bonds signed by an
agent must be accompanied by a certified copy of such agent's authority to act. Surety
companies must be duly licensed or authorized in the jurisdiction in which the Project is
located to issue bonds for the limits so required. Form must be satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City
Manager, stating that the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and amount satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space adjacent to
the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
Peartrees Catering, Inc.
Agreement
Page 4
4-8
r
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the
progress of the Defined Services and Schedule therein contained, and to provide
direction and guidance to achieve the objectives of this agreement. The City shall
permit access to its office facilities, files and records by Consultant throughout the term
of the agreement. In addition thereto, City agrees to provide the information, data,
items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently
than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant according to the terms
and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
Peartrees Catering, Inc.
Agreement
Page 5
4-9
r
4. Term.
This Agreement shall terminate on November 30, 2008, and may be extended,
upon mutual agreement of both parties, for five (5) additional one (1) year periods.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of
this Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified
in this Agreement shall result in the following penalty: For each consecutive calendar
day in excess of the time specified for the completion of the respective work assignment
or Deliverable, the consultant shall pay to the City, or have withheld from monies due,
the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated
Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and will not be granted for
delays to minor portions of work unless it can be shown that such delays did or will
delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as
determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
shall not make, or participate in making or in any way attempt to use Consultant's
Peartrees Catering, Inc.
Agreement
Page 6
4-10
r
position to influence a governmental decision in which Consultant knows or has reason
to know Consultant has a financial interest other than the compensation promised by
this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as 'an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and
inventory of Consultant's economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has determined that
Consultant does not, to the best of Consultant's knowledge, have an economic interest
which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attorney of City if Consultant learns of an economic interest of Consultant's which may
result in a conflict of interest for the purpose of the Fair Political Practices Act, and
regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subject matter of the Defined Services, or in any property
within 2 radial miles from the exterior boundaries of any property which may be the
subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future
employment, remuneration, consideration, gratuity or other reward or gain has been
made to Consultant or Consultant Associates in connection with Consultant's
performance of this Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or for 12 months
thereafter.
Peartrees Catering, Inc.
Agreement
Page 7
4-11
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months after the
expiration of this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party which may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) arising out of or alleged by
third parties to be the result of the negligent acts, errors or omissions or the willful
misconduct of the Consultant, and Consultant's employees, subcontractors or other
persons, agencies or firms for whom Consultant is legally responsible in connection with
the execution of the work covered by this Agreement, except only for those claims,
damages, liability, costs and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) except for those claims
arising from the negligence or willful misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees
and liability incurred by the City, its officers, agents or employees in defending against
such claims, whether the same proceed to judgment or not. Consultant's obligations
under this Section shall not be limited by any prior or subsequent declaration by the
Consultant. Consultant's obligations under this Section shall survive the termination of
this Agreement.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
Peartrees Catering, Inc.
Agreement
Page 8
4-12
T
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of
such termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by Consultant shall, at
the option of the City, become the property of the City, and Consultant shall be entitled
to receive just and equitable compensation for any work satisfactorily completed on
such documents and other materials up to the effective dafe of Notice of Termination,
not to exceed the amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants'
negligence, errors, or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit City's rights under
other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving
specific written notice to Consultant of such termination and specifying the effective date
thereof, at least thirty (30) days before the effective date of such termination. In that
event, all finished and unfinished documents and other materials described hereinabove
shall, at the option of the City, become City's sole and exclusive property. If the
Agreement is terminated by City as provided in this paragraph, Consultant shall be
entitled to receive just and equitable compensation for any satisfactory work completed
on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of City. City hereby
consents to the assignment of the portions of the Defined Services identified in Exhibit
A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Peartrees Catering, Inc.
Agreement
Page 9
4-13
T
Agreement shall be the sole and exclusive property of City. No such materials or
properties produced in whole or in part under this Agreement shall be subject to private
use, copyrights or patent rights by Consultant in the United States or in any other
country without the express written consent of City. City shall have unrestricted
authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees
or representatives are, for all purposes under this Agreement, an independent
contractor and shall not be deemed to be an employee of City, and none of them shall
be entitled to any benefits to which City employees are entitled including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or federal income tax, social
security tax or any other payroll tax, and Consultant shall be solely responsible for the
payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City and acted
upon by the City in accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and
such policies and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
Peartrees Catering, Inc.
Agreement
Page 1 0
4-14
r
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant
shall include, or cause the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document :
17. Miscellaneous
A Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed
real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or penmitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be sent to
any party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the addresses identified herein
as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought
E Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to enter into
Peartrees Catering, Inc.
Agreement
Page 11
4-15
T
this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relatfng to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of
California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
[End of page. Next page is signature page.]
Peartrees Catering, Inc.
Agreement
Page 12
4-16
r
Signature Page
to
Agreement between City of Chula Vista and Peartrees Catering, Inc.
for Food Preparation and Delivery Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated:
,2006
City of Chula Vista
by:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
Exhibit List to Agreement
(X) Exhibit A
(X) Exhibit B
Peartrees Catering, Inc.
Agreement
Page 13
4-17
r
Exhibit A
to
Agreement between City of Chula Vista and Peartrees Catering, Inc.
for Food Preparation and Delivery S~rvices
1. Effective Date of Agreement: December 1, 2006
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of
California
3. Place of Business for City:
City of Chula Vista Police Department
315 Fourth Avenue
Chula Vista, CA 91910
4. Consultant: Peartrees Catering, Inc.
5. Business Form of Consultant:
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
2243 Verus Street
San Diego, CA 92154
Voice Phone: (619) 575-5500
Fax Phone: (619) 575-5502
7. General Duties: Food Preparation and Delivery Services
8. Scope of Work and Schedule:
A. The Scope of Work is detailed in Exhibit B, as outlined in the Request for
Proposal for Food Preparation and Delivery Services (RFP #1-06/07 -R).
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Peartrees Catering, Inc.
Agreement
Page 14
4-18
.
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable NO.1:
The Scope of Work (Exhibit B) details time limits and deliverables for this
agreement.
D. Date for completion of all Consultant services:
This Agreement shall terminate on November 30,2008, and may be
extended, upon mutual agreement of both parties, for five (5) additional one
(1) year periods.
9. Insurance Requirements:
1. General Liability:
(Including operations,
products and completed
operations, as applicable.)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance with a
general aggregate limit is used, either the general aggregate limit
must apply separately to this project/location or the general
aggregate limit must be twice the required occurrence limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either the insurer will reduce or eliminate such deductibles or self-
insured retentions as they pertain to the City, its officers, officials, employees and
volunteers; or the Contractor will provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation
policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Chula Vista, its officers, officials, employees, agents, and
volunteers are to be named as additional insureds with respect to
liability arising out of automobiles owned, leased, hired or borrowed by or
on behalf of the contractor, where applicable, and, with respect to liability
arising out of work or operations performed by or on behalf of the contractor
Peartrees Catering, Inc.
Agreement
Page 15
4-19
including providing materials, parts or equipmentfurnished in connection with
such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the
contractors insurance using ISO CG 2010 (11/85) or its equivalent.
Specifically, the endorsement must not exclude Products / Completed
Operations coverage.
2. The contractor's insurance coverage must be primary insurance as it
pertains to the City, its officers, officials, employees, agents, and
volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers is wholly separate from the
insurance of the contractor and in no way relieves the contractor from its
responsibility to provide insurance.
3. Each insurance policy required by this clause must be endorsed to state that
coverage will not be canceled by either party, except after thirty (30)
days' prior written notice to the City by certified mail, return receipt
requested.
4. Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of
Section 2782 of the Civil Code.
5. Contractor's insurer will provide a Waiver of Subrogation in favor of the City
for each required policy providing coverage during the life of this contract.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the
State of California with a current A.M. Best's rating of no less than A- V. If insurance
is placed with a surplus lines insurer, insurer must be listed on the State of California List of
Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than AX.
Exception may be made for the State Compensation Fund when not specifically rated.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on insurance
industry forms, provided those endorsements conform to the contract requirements.
All certificates and endorsements are to be received and approved by the City before
work commences. The City reserves the right to require, at any time, complete, certified
copies of all required insurance policies, including endorsements evidencing the coverage
required by these specifications.
Peartrees Catering, Inc.
Agreement
Page 16
4-20
Subcontractors
Contractor must include all subcontractors as insureds under its policies or furnish
separate certificates and endorsements for each subcontractor. All coverage for
subcontractors are subject to all of the requirements included in these specifications.
10. Materials Required to be Supplied by City to Consultant
N/A
11. Compensation:
(X) Single Fixed Fee Arrangement.
For performance of the Defined Services by Consultant as herein required, City shall
pay at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
Rate Schedule
Single Fixed Fee Amount payable as follows:
Breakfast Sandwich
Lunch Sandwich
Dinner
Milk
Fruit Drink
Fruit
Prices are subject to sales tax.
$2.75 1 each
$3.501 each
$6.501 each
$0.451 each
$0.451 each
$0.501 each
Fees include all work performed, including food preparation, packaging and delivery, as
well as meal accessories such as utensils and napkins. Any additional charges or
reimbursable expenses are included in the fee schedule above.
Fees shall remain firm for the initial two (2) year period of coverage (12/01106-
11130108). One (1) price increase may be allowed for each option period. Any increase
in price, after the initial two (2) year period, shall be by mutual consent.
Consultant will submit a weekly invoice to the City that is clearly itemized by meal and
beverage type. This invoice will include a day-by-day breakdown of each meal as
outlined above.
Peartrees Catering, Inc.
Agreement
Page 17
4-21
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance
of services herein required, City shall pay Consultant at the rates or amounts set forth
below:
(X) None, the compensation includes all costs.
13. Contract Administrators:
City: Edward Chew, Administrative Services Manager
Chula Vista Police Department
315 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5013
Consultant: Jerrold Siegel, President
Peartrees Catering, Inc.
2243 Verus Street
San Diego, CA 92154
(619) 575-5500
14. Liquidated Damages Rate:
None.
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
16. ( ) Consultant is Real Estate Broker and/or Salesman
Not Applicable.
17. Permitted Subconsultants:
None.
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Other: Weekly
Peartrees Catering, Inc.
Agreement
Page 18
4-22
.
B. Day of the Period for submission of Consultant's Billing
(Xl Other: Each Friday of the week
C. City's Account Number: 14450-6401
19. Security for Performance
None Required.
Peartrees Catering, Inc.
Agreement
Page 19
4-23
.
Exhibit B
to
Agreement between City of Chula Vista and Peartrees Catering, Inc.
for Food Preparation and Delivery Services
1. SCOPE OF WORK
1.1 Food Preparation. Consultant shall prepare and package three daily meals to
the Police Holding Facility based upon the Recommended Dietary Allowances
(RDA) outlined in Section 2.
1.1.1 Consultant must be able to prepare up to 46 of each of the three daily meals
(breakfast, lunch and dinner). No minimum orders shall be established by
Consultant.
1.1.2 When fruit is on the menu, all peelable fruits, such as oranges and bananas,
must be peeled.
1.2 Food Packaging. The packaging of each meal must meet the following
requirements of the Police Holding Facility:
1.2.1 All pre-packaged perishable items must clearly display an expiration
date/time.
1.2.2 All packaged items must be disposable, including "spork" utensils and
napkins, in order to meet federal and state guidelines for jail safety. No metal
items shall be included in meal packaging or utensils.
1.2.3 The packaging of the meals must fit in a 15" x 4 ;;''' door compartment.
1.2.4 For hot meals, hot items must be separated from the cold items. For cold
meals, all items may be packaged together.
1.3 Food Delivery. Consultant shall provide delivery services to the Police Holding
Facility a minimum of two times each day.
1.3.1 Consultant shall phone the Holding Facility at 3:00am to determine the
number of breakfasts and lunches to be served that day. Delivery of
breakfasts shall arrive at the Police Facility by 6:00am to meet the breakfast
delivery schedule to prisoners.
Peartrees Catering, Inc.
Agreement
Page 20
4-24
.
1.3.2 If lunch is a cold meal, Consultant may deliver the lunches at 6:00am along
with the breakfasts to eliminate a lunch delivery later in the day. If a hot
lunch is scheduled, Consultant shall deliver the meals to the Police Facility by
1 0:30am to meet the lunch delivery schedule to prisoners.
1.3.3 Consultant shall phone the Holding Facility at 3:00pm to determine the
number of dinners to be served that evening. 'Delivery of dinners shall arrive
at the Police Facility by 6:00pm to meet the dinner delivery schedule to
prisoners.
1.3.4 Delivery service providers shall wear an identification badge, which shall bear
the deliverer's name and picture.
1.4 Records of Service. Consultant shall keep and maintain records of meals provided
at the request of the City for at least three (3) years. At a minimum, these records
shall include: date of delivery service; number of meals provided; description of each
meal; and, the fees and charges of the supplies/services provided. The City shall
have the right to inspect and audit, without prior notification, Consultant's records at
reasonable times during normal working hours to determine compliance with these
record-keeping requirements.
2. FOOD REQUIREMENTS
Consultant shall meet the following federal and state guidelines for prisoner nutrition:
2.1 Three Daily Meals. Consultant shall provide three meals in any 24-hour period:
breakfast, lunch and dinner. At least two meals per day must be hot food.
2.2Minimum Diet. The minimum diet that shall be met is based upon the
Recommended Dietary Allowances (RDA) of the Food and Nutrition Board of the
National Research Council, National Academy of Sciences (1989) and upon the
California Daily Food Guide.
The minimum diet shall consist of the full number of servings specified from each of
the four food groups below:
(a) Protein Group. This includes beef, veal, lamb, pork, poultry, fish, eggs,
cooked dry beans, peas, lentils, nuts, peanut butter and textured
vegetable protein (TVP). A serving equals 14 grams or more of protein
except for eggs as listed below. The daily requirement shall be three
servings (to total 42 grams or more of protein) selected from the
combinations listed below. In addition, there shall be a requirement to
serve a fourth serving from the legumes three days a week.
Peartrees Catering, Inc.
Agreement
Page 21
4-25
One serving equals, but is not limited to the following examples:
2 to 3 oz. (without bone) lean, cooked meat, poultry or fish
2 medium eggs
1 cup cooked dry beans, peas or lentils
3 Tbsp. Peanut butter
6 oz. Tofu
2-% oz. dry TVP or 1 cup of rehydrated, canned or frozen TVP
(b) Dairy Group. This includes milk (fluid, evaporated or dry; nonfat reduced
fat (1 % or 2%), or buttermilk), cheese (cottage, cheddar, etc.), yogurt, ice
cream or ice milk, and pudding. A serving is equivalent to 8 oz. of fluid
milk and provides 250 mg. of calcium. All milk must be fortified with
Vitamins A and D. The daily requirement is 16 fluid ounces of milk or milk
equivalents. For persons 15-17 years of age, or pregnant lactating
women, the requirement is 32 fluid ounces of milk or milk equivalents.
One serving equals, but not limited to the following examples:
1-1/2 oz. natural cheese
2 oz. processed cheese
1-1/2 cups cottage cheese
1-1/2 cups ice cream or ice milk
1/3 cup dry milk
Yz cup evaporated milk
1-cup yogurt
1-cup pudding
(c) Vegetable-Fruit Group. This includes all fresh, frozen, dried an/or canned
vegetables and fruits. One serving equals Yz cup vegetable or fruit, 6
ounces of juice: 1 medium apple, orange, banana, or potato; Yz grapefruit,
1/6 melon, or % cup dried fruit. The daily requirement of fruits and
vegetables shall be five servings. At least one serving shall be from each
of the three categories:
(1) One serving of a fresh fruit (peeled, if applicable) or vegetable.
(2) One serving of a Vitamin C source containing 30 mg. or more. One
serving equals, but is not limited to the following examples.
Orange
Grapefruit
Broccoli
Brussels Sprouts
Green and red peppers
Tangerine, large
Cabbage
Orange Juice
Grapefruit juice
Cantaloupe or honeydew melon
Tomato Juice
Vegetable juice cocktail (not hydrated)
Strawberries
Cauliflower
Peartrees Catering, Inc.
Agreement
Page 22
4-26
.
Tomato puree
Tomato paste
Tomato sauce (6 oz)
Greens, including collards
Kale, turnip, and mustard
Potatoes (baked only)
(3) One serving of a Vitamin A source containing 200 micrograms RE.
or more. One serving equals, but is not limited to the following
examples: "
Cantaloupe Peas and carrots
Carrots Red peppers
Greens, including kale, beets, chard, mustard, turnips or squash
Sweet potatoes or yams Apricot nectar (6 oz.)
Vegetables juice cocktail (6 oz.)
Mixed vegetables with carrots (frozen)
Pumpkin Winter squash
Apricots
(d) Grain Group. The daily requirement shall equal six servings; this includes
bread, rolls, pancakes, sweet rolls, ready-to-eat cereals, cooked cereals,
corn bread, pasta, rice, tortillas, etc. and any food item containing whole or
enriched grains. At least three servings from this group must be made
with whole or partial whole grain products.
One serving equals, but is not limited to, the following examples:
White (including French and Italian), whole wheat, rye,
Pumpernickel, or raisin bread 1 slice
Bagel, small y,
English muffin, small y,
Plain roll, muffin or biscuit 1
Frankfurter roll y,
Hamburger bun y,
Dry bread crumbs 3 Tbsp.
Crackers:
Arrowroot 3
Graham 2-1/2"2
Matzo 4"x6"1/2
Oyster 20
Pretzels 3-1/8"long,1/8"dia.25
Rye wafers 2'x3-1/2"3
Saltines 6
Soda 2-1/2"sqA
Ready to eat unsweetened cereal 0/. cup
Cereal, cooked y, cup
Rice, barley, pastas, spaghetti, macaroni, noodles, etc. Y, cup
Peartrees Catering, Inc.
Agreement
Page 23
4-27
r
Cornmeal, dry 2 Tbsp
Flour (wheat, whole wheat, carob, soybean, cornmeal, etc.) 2-1/2 Tbsp
Wheat germ y. cup
Pancakes (5") 1
Waffle (5") 1
Tortilla (6") 1
"
The following grains meet the partial or whole grain requirement:
Barley Rolled oats
Cracked wheat Rye
Bran Corn meal (germed)
Whole wheat flour Soybean flour
Brown Rice Carob flour
The following bread-cereal products meet the partial or whole grain
requirements:
Whole wheat bread
Corn tortilla
Whole grain hot cereal
Grits
Whole grain pancakes and waffles
Whole grain bagels, muffins, and crackers
Whole grain ready-to-eat cereal
Oatmeal
Pumpernickel bread
Whole wheat rolls
Whole wheat flour tortilla
Additional servings from the dairy, vegetable-fruit, and bread-cereal groups
must be provided in amounts to assure caloric supply is at the required
levels. Fat shall be added only in minimum amounts necessary to make the
diet palatable. (No less than one tablespoon fat and/or oil shall be provided to
meet the body's need for essential nutrients.) A wide variety of foods should
be served. Spices should be used to improve the taste and eye appeal of
food served.
2.3 Beverages. Cold beverages shall be included with the meals, which includes juice
or milk.
2.4Re-Circulation of Menu. Menu items can only re-circulate every 4-5 days.
2.5Special Meals. The Police Holding Facility may request special meals for inmates
with vegetarian or therapeutic diets. Special meals pricing shall be the same as
standard meals.
Peartrees Catering, Inc.
Agreement
Page 24
4-28
.
3. OTHER CONDITIONS
3.1 Dietician Review. The menus set forth by Consultant shall be reviewed by a State
or County registered dietician to ensure compliance of the Recommended Dietary
Allowances (RDA) of the Food and Nutrition Board and Titles 15 and 24 of the
California Code of Regulations.
"
3.2 Ethics. Consultant shall conduct all business in an ethical manner and use quality
food ingredients in the preparation of meals.
3.3 Responsibility for Acts of Employees. Consultant shall be responsible for all acts
of their employees while those employees are performing services for the City.
3.4 Compliance with California Code of Regulations. Consultant shall conduct all
business activities in compliance with Titles 15 and 24, California Code of Regulations
and Federal Office of Juvenile Justice and Delinquency Prevention standards.
3.5 Compliance with City Business License and General Operation Regulations.
Consultant shall conduct all business activities in compliance with Title 5, and other
applicable Chapters of the Chula Vista Municipal Code. A City of Chula Vista Business
License shall be maintained during duration of this agreement.
3.6 Compliance with City Building and Construction Regulations. Consultant shall
maintain all buildings and properties used in the provision of services to the City in
compliance with Title 15, and other applicable Chapters of the Chula Vista Municipal
Code.
3.7 Compliance with City Zoning Regulations. Consultant shall conduct all
operations relative to the provisions of services to the City in compliance with Title 19,
and other applicable Chapters of the Chula Vista Municipal Code.
3.8 Amendments to Scope of Work. City may independently, or upon request from
Consultant, increase or reduce the scope of work to be performed. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of resolving
issues of concern to either party that may arise from such an increase or reduction in
scope of work.
Peartrees Catering, Inc.
Agreement
Page 25
4-29
r
COUNCIL AGENDA STATEMENT
Item 5
Meeting Date 11/14/06
ITEM TITLE:
Resolution Approving the Final Map and associated agreements for
Chula Vista Tract No. 01-11, Otay Ranch,Village II, Neighborhood R-17,
acknowledging the irrevocable offer of dedication of fee interest granted on
said map and accepting on behalf of the City of Chula Vista the various
public easements as granted on said map.
SUBMITTED BY:
Acting Director OfEngi/~
Interim City Manager '1/
(4/5ths Vote: Yes_NoX)
REVIEWED BY:
Tonight, City Council will consider the approval of a Final Map and associated agreements for
Neighborhood R-17, a subdivision of Otay Ranch Village I!. Neighborhood R-17 will consist of
residential condominiums and two open space lots, Lot A, along Hunte Parkway to the south and Lot
B, along the Paseo to the east.
RECOMMENDATION:
That Council adopt the Resolution approving the Final Map and other associated agreements for
Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhood R-17, acknowledging the
irrevocable offer of dedication offee interest granted on said map and accepting on behalf of the City
of Chula Vista the various public easements as granted on said map.
BOARD/COMMISSIONS RECOMMENDATIONS: N/A
DISCUSSION:
Otay Ranch Village 11, with the marketing name of "Windingwalk," is generally located south of
Olympic Parkway, east ofEastlake Parkway and north of Hunte Parkway (see Attachment A). The
tentative map (Chula Vista Tract No. 01-11) was approved on October 23, 2001 by Resolution 2001-
364. Neighborhood R-17, within Village II, is located south of Crossroads Street, north of Hunte
Parkway and east of Discovery Falls Drive (see Attachment B).
The Final Map for Neighborhood R-17 and the associated agreements (see Exhibits 1-2) are now
before Council for consideration and approval.
Approval of the final map also constitutes acceptance of various public easements within the
subdivision including easements for the installation and maintenance of perimeter walls, landscape
buffers and sidewalk.
The Final Map
The Final Map subdivides one existing parcel into one lot for 180 residential condominium unit and
two open space lots.
5-1
T
Page 2, Item S
Meeting Date 11/14/06
The Project's Homeowners' Association (HOA) will maintain all private improvements including the
streets and storm drains with the exception of the eight inch sewer mains within Lot I of said
subdivision.
Open Space Lots
CFD-09M will maintain open space Lot "A", which fronts along Hunte Parkway. The Village II
HOA will maintain open space Lot "B" along the east side of Lot I.
Subdivision and Supplemental Subdivision Improvement Agreements (SIA) & (SSIA)
The SIA and SSIA for the Final Map outline the developer's requirements to construct the internal
subdivision improvements, including public sewer, and subdivision survey monumentation and to
comply with the development conditions for the project. The developer has complied with the
Municipal Code as it relates to bonding subdivision improvements and survey monumentation.
Town Square Park
The original Tentative Map Conditions (No. 124) called for the one-acre Town Square Park to be
constructed prior to issuance of the 300th building permit within Phase Two of the Village II
Project. Due to a redesign of the Town Square / Community Purpose Facility site, the SSIA for the
final map revises this condition to require the developer to post a bond for the completion of the
Town Square and to complete the site by December 2006, or to the satisfaction of the Director of
Planning and Building and the Director of General Services. A bond in the amount of$416,000 has
been posted. Once the site plan has been finalized the developer will bring an amended Tentative
Map and SPA plan before Council for their approval.
Parks
All required PAD fees have been collected for this Final Map.
ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the
proposed project for compliance with the California Environmental Quality Act and has determined
that the Final Map was adequately covered in previously adopted Final Second Tier ErR (ErR 01-
02), for the Otay Ranch General Plan AmendmentsNillage 11 Sectional Planning Area Plan, and
Conceptual Tentative Map. Thus, no further environmental review or documentation is necessary.
DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the City
Council and has found no such holdings within 500' of the boundaries of the property which is
the subject of this action.
FISCAL IMP ACT: None to the General Fund. All staff costs associated with processing of the
improvement plans, final maps and associated agreements will be reimbursed from the developer's
deposits.
Attachments:
A. Plat for Otay Ranch Village 11,
B. Plat for Otay Ranch Village II, Neighborhood R-17
C. Developer's Disclosure Statement
Exhibits:
1. Subdivision Improvement Agreement
2. Supplemental Subdivision Improvement Agreement
(J:\Engineer\Agenda\CAS2006\l1-14-06\CAS R-17.doc)
5-2
T
VILLAGE ELEVEN SPA PLAN
Development Phasing
'i--",~i
?~I"
"""-?\C
OV
BIRCH ROAD
'"
(p
'"
~
'"
""
~
~
>:l.
CD
NOr 10 lCAll
Exhibit II.2.6-1
Conceptual Phasing Plan
Brookfield Shea Otay, LLC
6-2
October 23,2001
,~TTAeHMENT -A-
5-3
r
CHULA VISTA TRACT NO. 01-11
DTAY RANCH
VILLAGE 11 NEIGHBORHOOD R-17
o 200 400 600
~ I I
SCALE 1"= 200'
~
~
. HUNSAKER
~ t'~~~~;r:s
ATTACHMENT 12-
" 2006:08:J.f.
5-4
T
ATTACHMENT
em OF
CHUlA VISTA
Planning & Building Department
Planning Division I Development Processing
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by
the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must
be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
Brookfield Shea Otav LLC
Brookfield Otay LLC
Brookfield Otay R 17 LLC
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
N/A
3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
N/A
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
Hunsaker & Assoc. ( DOUQ Stroup &
Jennifer Kerschbaum )
Tributary 17 (Tom Picard)
Brookfield Otay LLC ( Ron Grunow)
Brookfield Otay R17 LLC (Teri MchuQh)
5. Has any person' associated with this contract had any financial dealings with an official" of the City
of Chula Vista as it relates to this contract within the past 12 months. Yes ~ No ~
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No k8:J Yes 0 If yes, which Council Member?
276 Fourth Avenue I Chula Vista I 5!lfiwrnia I 91910 I (619) 691-5101
T
Planning & Building Department
Planning Division I Development Processing
em Of
CHULA VISTA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes D- No~_
If Yes, which official** and what was the nature of item provided?
Date: 8/31/2006
~~
Signature of Contractor/Applicant ~
Adam D. Pevnev, M.S.
Print or type name of Contractor / Applicant
*
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as a
unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of
a board, commission, or committee of the City, employee, or staff members.
276 Fourth Avenue I Chula Vista I ~f6rnia I 91910 I (619) 691-5101
T
RESOLUTION NO. 2006-_
RESOLUTION APPROVING THE FINAL MAP OF
CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE
11, NEIGHBORHOODS R-17; ACKNOWLEDGING THE
IRREVOCABLE OFFER OF DEDICATION OF FEE
INTEREST GRANTED ON SAID MAP; AND ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS
PUBLIC EASEMENTS AS GRANTED ON SAID MAP
WHEREAS, Brookfield Otay R-17 LLC ("the developer") has submitted
a final map for Otay Ranch Village II, Neighborhoods R-17; and
WHEREAS, the developer has executed a Subdivision Improvement Agreement to install
public facilities (Sewer) associated with the project; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of City Council Resolution No. 2001-364; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that certain map survey entitled Chula Vista Tract 01-11, Otay Ranch Village
II Neighborhoods R -17 is made in the manner and form prescribed by law and conforms to the
surrounding surveys; and that said map and subdivision of land shown thereon is hereby
approved and accepted. The map is more particularly described as follows:
Being A Subdivision of Lot 8 ofChula Vista Tract No. 01-11 Otay Ranch Village II "A"
Map No.3, According To Map Thereof No. 15233, filed in the office of the County Recorder on
December 28, 2005, in the City of Chula Vista, County of San Diego, State of California.
Area: 18.775 Acres
Numbered Lots: I
Open Space Lots: 2
BE IT FURTHER RESOLVED that the City Council hereby acknowledges and rejects
on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest in Lots
"A" and "B" for open space and other public purposes all as shown on Otay Ranch Village II
Neighborhoods R -17 within said subdivision.
No. of Lots: 3
Lettered Lots: 2
BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista is hereby
authorized and directed to endorse upon the map the action of the City Council; that the Council
has approved said subdivision map, and that the Irrevocable Offer of Dedication of Fee Interest
of Lots "A" and "B" for open space and other public purposes is acknowledged on behalf of the
City of Chula Vista.
BE IT FURTHER RESOLVED that the certain Subdivision Improvement Agreement and
Supplemental Subdivision Improvement Agreement for the project, copies of which are on file in
the office ofthe City Clerk, are hereby approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
5-7
T
Resolution
Page 2
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreements for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
Q.~~)
oore I
~ ttomey
(H:\ENGlNEER\RESOS\ReS"~W06\1 0-1 0-06\R-17 Map.doc)
T
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
{)fl13~~
City Attorney
Dated: If / q ! () 6
Subdivision Improvement Agreement between
The City of Chula Vista and Brookfield Otay R -17,
For Otay Ranch Village II, Neighborhood R-I7 (CVT 01-11)
5-9
T
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2006, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
and BROOKFIELD OT A Y R-17, LLC, a Delaware Limited Liability Company, referred to
herein as "Subdivider", "Developer" or "Owner", with reference to the facts set forth below,
which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
OTA Y RANCH VILLAGE II, NEIGHBORHOOD R-17 (CVT 01-11) pursuant to the
provisions of the Subdivision Map Act of the State of California, and in compliance with the
provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and
recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the
improvements and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the improvements and/or land development work required in
said subdivision within a definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
-1-
5-10
T
SlA - R-17, Otay Ranch, Village 11
09111/2006
install and complete, at Subdivider's own expense, all the improvement work required by City in
connection with the proposed subdivision and will deliver to City improvement securities as
approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No, 2001-364, approved on the
23rd day of October, 2001 and revised on May 27, 2003 by Resolution 2003-231 ("Tentative
Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said improvement work have been prepared and submitted to the City Engineer as
identified under permit number B06-0 11 0 & R -63 or
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
L Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the improvement
and/or land development work required to be done in and adjoining said subdivision, including
the improvements described in the above Recitals ("Improvement Work"); and will furnish the
necessary materials therefore, all in strict conformity and in accordance with the plans and
specifications, which documents have heretofore been filed in the Office of the City Engineer
and as described in the above Recitals this reference are incorporated herein and made a part
hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said improvements or the portion thereof serving said building or structures approved by the
City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
-2-
5-11
T
SIA - R-17, Otay Ranch, Village II
09/11/2006
5, It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work
6, Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of SEVENTY
TWO THOUSAND DOLLARS AND 00 CENTS ($72,000.00) which security shall guarantee
the faithful performance of this contract by Subdivider as shown in Exhibit "A" and which
security is attached hereto, and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of SEVENTY
TWO THOUSAND DOLLARS AND 00 CENTS ($72,000.00) to secure the payment of material
and labor in connection with the installation of said public improvements, as shown in Exhibit
"A", and which security is attached hereto, and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of TEN
THOUSAND DOLLARS AND NO CENTS ($10,000.00) to secure the installation of
monuments, as shown in Exhibit "A" and which security is attached hereto, and made a part
hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
security.
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
-3-
5-12
T
SIA - R-17, Otay Ranch, Village II
09/11/2006
II. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall tie paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements
constructed pursuant to this agreement; provided, however, that said acceptance shall not
constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the improvements as provided herein. It shall also extend to damages resulting
from diversion of waters, change in the volume of flow, modification of the velocity of the
water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
-4-
5-13
T
SIA - R-17, Otay Ranch, Village I]
09/11/2006
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in: interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
(J:\Engineer\LANDDEVIProjects\Otay Ranch Village lllR-17\SIA R-17 .doc)
-5-
5-14
T
SIA - R-17, Otay Ranch, Village 11
09/11/2006
[PAGE ONE OF TWO SIGNATURE PAGES TO THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR OTA Y RANCH VILLAGE ELEVEN, NEIGHBORHOOD R-17,
CHULA VISTA TRACT NO. 01-11]
IN WITNESS WHEREOF, the parties hereto have caus'ed this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor of the City ofChula Vista
ATTEST
City Clerk
Approved as to form by
Ann Moore
City Attorney
-6-
5-15
T
SIA - R-17, Otay Ranch, Village II
09/1 1/2006
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
[PAGE TWO OF TWO SIGNATURE PAGES TO THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD MU-1
AND R-19, CHULA VISTA TRACT NO. 01-11] ,
DEVELOPERS/OWNERS:
DEVELOPERS/OWNERS:
BROOKFIELD OTA Y R-17 LLC, a Delaware Limited Liability Company
By:
By:
Name:
Name:
(Attach Notary Acknowledgment and Company Signature Authority)
-7-
5-16
T
SIA - R-17, Otay Ranch, Village 11
09/11/2006
EXHIBIT "A"
LIST OF SECURITIES
CV WO No_ Description Bond $ Bonding Company Bond
(Drawine #) Name number
$72,000
1 06031 Site Improvements (Sewer) Faithful Performance Insurance Company 220 34 68
$72,000 of the West
Material & Labor
2 Per Map Monumentation $10,000 Insurance Company 220 34
of the West -
3 .
4
-8-
5-17
T
SSIA R-17
0911 112006
+
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Above Space for Recorder's Use
OR-634F
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR OTA Y RANCH VILLAGE ELEVEN,
CHULA VISTA TRACT NO. 01-11
R-17-BMAP
(Conditions 1-5, 8, 11-17,22,27,35,37,45,48-51,56,60,69,76,78,84, 89, 91-94, 96,109,114,
116,118,121-122,124,137,139,144-151,158-158, 172-177, 179-181, 183-184, 189-190, 193-
200,202-203 of Resolution 2001-364)
Tbis Supplemental Subdivision Improvement Agreement ("Agreement") is made this
day of ,2006, by and between THE CITY OF CHULA VISTA, California
("City") and the signatories to this Agreement, BROOKFIELD OT A Y R17 LLC, a Delaware
Limited Liability Company ("Developer" or "Owner"), with reference to the facts set forth below,
which recitals constitute a part of this Agreement:
RECITALS
A. Tbis Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on F"hihit "A" attached hereto and incorporated herein by
this reference ("Property"). The Property is Phase III of approved Tentative Subdivision Map Chula
Vista Tract 01-11 Otay Ranch Village Eleven, commonly known as Windingwalk. For purposes of
this Agreement the term "Project" shall also mean "Property".
B. "Owner" or "Developer" means the person, persons or entity having a legal or an
equitable interest in the property or parts thereof and includes Owner's successors-in-interest and
assigns of any property within the boundaries of the Property.
C. Developer and/or Developer's predecessor in interest has applied for and the City
has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 01-11
("Tentative Subdivision Map" or "Tentative Map") for the subdivision of the Property.
D. The City has adopted Resolution No. 2001-364 ("Resolution") pursuant to which it
has approved the Tentative Subdivision Map subject to certain Conditions of Approval
("Conditions") as more particularly described in the Resolution.
1
5-18
T
SSIA R-17
09/1112006
E. Developer has requested the approval of a Final "B" Map for the Project ("Final
Map"). Certain Conditions of the Tentative Subdivision Map require Developer to enter into an
agreement with the City prior to approval of the Final Map for the Project.
F. City is willing, on the premise, security, terms and conditions herein contained to
approve the Final Map for which Developer has applied and Developer has agreed to the terms and
conditions set forth herein.
G. All the terms of the Supplemental Subdivision Improvement Agreement for Otay
Ranch Village II, "A" Map No. Ladopted by Resolution 2003-075, the Supplemental Subdivision
Improvement Agreement for Otay Ranch Village Eleven "A" Map No.2, approved by Resolution
2004-107, and the Supplemental Subdivision Improvement Agreement for Otay Ranch Village
Eleven "A" Map No.3, approved by Resolution 2005-401 remain in full force and effect.
H. The following defined terms shall have the meaning set forth herein, unless
otherwise specifically indicated:
a. "Complete Construction" shall mean that the construction of the
improvements have been completed and have been inspected and accepted by the City.
b. "Guest Builder" means those entities obtaining any interest in the Property or
a portion of the Property, after the Final Map has been recorded.
c. "SPA Plan" means the Otay Ranch Village Eleven Sectional Planning Area
Plan as adopted by the City Council on October 17, 2001 pursuant to Resolution No. 2001-
363.
d. "PFFP" means the Otay Ranch Village Eleven Public Facilities Financing
Plan adopted by Resolution No. 2001-363, and as may be further amended from time to
time.
e. "FSEIR 01-02" means Final Subsequent Environmental Impact Report and
its attendant Addendum for the Otay Ranch General Development Plan
AmendmentsNillage Eleven Sectional Area Plan and Conceptual Tentative Map.
f. "Improvements " means all the onsite and offsite improvements required to
serve the lots created by the Final Map, in accordance with improvement plans to be
approved by the City. Said improvements shall include, but not limited to, asphalt concrete
pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed and potable water
utilities, drainage facilities, street lights, signage, landscaping, irrigation, fencing and fire
hydrants.
2
5-19
T
SSLA R-17
09/11/2006
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Snbsequent Owners.
a. Agreement Binding Upon Successors. Tills Agreement shall be binding
upon and inure to the benefit of the successors, assigns and interests of the parties as to any
or all of the Property as described on Fxhihit "A" until released by the mutual consent of the
parties.
b. Agreement Runs with the Land. The burden of the covenants contained in
this Agreement ("Burden") is for the benefit of the Property and the City, its successors and
assigns and any successor in interest thereto. City is deemed the beneficiary of such
covenants for and in its own right and for the purposes of protecting the interest of the
community and other parties public or private, in whose favor and for whose benefit of such
covenants running with the land have been provided without regard to whether City has
been, remained or are owners of any particular land or interest therein. If such covenants
are breached, the City shall have the right to exercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper proceedings to enforce the curing of
such breach to which it or any other beneficiaries of this agreement and the covenants may
be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns
any portion of the Project to a Guest Builder, Developer may request to be released from
Developer's obligations under this Agreement, that are expressly assumed by the Guest
Builder, provided Developer obtains the prior written consent of the City to such release.
Such assignment to the Guest Builder shall, however, be subject to this Agreement and the
Burden of this Agreement shall remain a covenant running with the land. The City shall not
withhold its consent to any such request for a release so long as the assignee acknowledges
that the Burden of the Agreement runs with the land, assumes the obligations of the
Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability
to perform its obligations under this Agreement as it relates to the portion of the Project
which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any
portion of the Project subject to the Burden of this Agreement, upon request by the
Developer or its assignee, the City shall release the assignee of the Burden of this
Agreement as to such assigned portion if such portion has complied with the requirements
of this Agreement to the satisfaction of the City and such partial release will not, in the
opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be
completed.
e. Release of Individual Lots. Upon the occurrence of any of the following
events, Developer shall, upon receipt of the prior written consent of the City Manager (or
Manager's designee), have the right to release any 10t(s) from Developer's obligation under
this Agreement:
3
5-20
T
SSIAR-17
0911112006
i. The execution of a purchase agreement for the sale of a residential
lot to a buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association;
iii. The conveyance of a school site as identified in the SPA Plan to a
school district;
The City shall not withhold its consent to such release so long as the City fmds in good faith that
such release will not jeopardize the City's assurance that the obligations set forth in this Agreement
will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall
execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or
Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this
Agreement.
Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or
parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the
encumbrance hereof.
2. Condition No. 1- (Agreement to all terms, covenants and conditions). In
satisfaction of Condition No. I of the Resolution, Developer agrees to all of the terms, covenants
and conditions contained herein; Developer further agrees that said terms, covenants and
conditions shall be binding upon and inure to the benefit of the heirs, successors, assigns and
representatives of the Developer as to any or all of the Property.
3. Condition No.2 - (Requirements and guidelines). In satisfaction of Condition
No.2 of the Resolution, Developer agrees to comply with all requirements and guidelines of the
City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista
Landscape Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch
Resource Management Plan, Phase I and Phase 2; Ranch Wide Affordable Housing Plan; Otay
Ranch Overall Design Plan; FSEIR # 01-02; Otay Ranch Village Eleven Sectional Planning Area
(SPA) Plan and supporting documents including: Village Eleven Public Facilities Finance Plan;
Village Eleven Parks, Recreation, Open Space and Trails Plan; Village Eleven SPA Affordable
Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time,
unless specifically modified by the appropriate department head, with the approval of the City
Manager. These plans may be subject to minor modifications by the appropriate department head,
with the approval of the City Manager, however, any material modifications shall be subject to
approval by the City Council.
4. Condition No.3 - (City's Right to Revoke or Modify Approvals). In satisfaction
of Condition No.3 of the Resolution, if any of the terms, covenants or conditions contained herein
shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any
of such conditions fail to be so implemented and maintained according to their terms, the City shall
have the right to revoke or modifY all approvals herein granted including issuance of building
permits, deny, or further condition the subsequent approvals that are derived from the approvals
herein granted, institute and prosecute litigation to compel their compliance with said conditions or
seek damages for their violation. The Developer shall be notified lO days in advance prior to any of
4
5-21
T
SSIAR-17
09/1 1/2006
the above actions being taken by the City and shall be given the opportunity to remedy any
deficiencies identified by the City.
5. Condition No.4 - (Hold City Harmless). In satisfaction of Condition No.4 of
the Resolution, Developer agrees to indemnify, protect, defend and hold the City harmless from and
against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to
the Environmental Impact Report and subsequent environmental. review for the Project and any or
all entitlements and approvals issued by the City in connection with the Project.
6. Condition No.5 - (Comply with SPA Conditions). In satisfaction of Condition
No.5 of the Resolution, the Developer agrees to comply with all applicable Village Eleven SPA
conditions of approval, (PCM 99-15) as may be amended from time to time. Developer further
agrees as follows:
a. To implement the final Otay Ranch Village Eleven Air Quality
Improvement Plan (AQIP) approved measures and include the measures as part of the
Project. The Developer further:
i. Agrees to comply and remain in compliance with the AQIP;
ii. Waives any claim that adoption of the final AQIP constitutes an
improper subsequent imposition of the condition;
iii. Acknowledges that the City Council may, from time-to-time,
modify air quality improvement and energy conservation measures related to new
development as various technologies and/or programs change or become
available; and
iv. Agrees prior to or concurrent with each Final Map for the Project
to modify the AQIP to incorporate those new measures, which are in effect at the
time. Developer further acknowledges that the new measures shall apply, as
applicable, to development within all future final map areas, but shall not be
retroactive to those areas which receive final map approval prior to effect of the
subject new measures.
b. To implement the final Otay Ranch Village Eleven Water Conservation
Plan (WCP) approved measures and include the measures as part of the Project. The
Developer further:
1. Agrees to comply and remain in compliance with the WCP;
ii. Waives any claim that the adoption of a final WCP constitutes an
improper subsequent imposition of the condition;
iii. Acknowledges that the City Council may, from time-to-time,
modify water conservation measures related to new development as various
technologies and/or programs change or become available; and
iv. Agrees prior to or concurrent with each final map for the Project to
modify the WCP to incorporate those new measures, which are in effect at the
time. Developer further acknowledges that the new measures shall apply to
development within all future [mal map areas, but shall not be retroactive to those
areas which received final map approval prior to effect of the subject measures.
5
5-22
T
SSIA R-17
09/11/2006
7. Condition No. 8 - (Agreements). In satisfaction of Condition No. 8 of the
Resolution, the Developer agrees to the terms, conditions and time limits associated with this
tentative map which shall be consistent with the Land Offer Agreement approved by Resolution
No. 2000-116 by the City Council on April 11, 2000 ("Land Offer Agreement") and as amended
on August 7, 2001. The Developer and City of Chula Vista hereby agree to comply with the
provisions of the Land Offer Agreement and all Amendments thereto, and to remain in
compliance with the entire Land Offer Agreement and Amendments for the life of the
Agreement. Prior to the first Final Map for the Project, Applicant shall convey all land in a
manner consistent with and in accordance with the Land Offer Agreement.
8. Condition No. 13 - (Environmental). In satisfaction of Condition No. 13 of the
Resolution, Developer hereby agrees, to implement, to the satisfaction of the Director of
Planning and Building, all environmental impact mitigation measures identified in Final EIR 01-
02 (SCH#2001031 120), the candidate CEQA Findings and Mitigation Monitoring and Reporting
Program (Final EIR 01-02) for this Project.
9. Condition No. 14 - (Other Agencies). In satisfaction of Condition No. 14 of the
Resolution, Developer hereby agrees to comply with all applicable requirements of the California
Department of Fish and Game, the California State Water Resources Quality Control Board, the
U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Prior to any activity that
may potentially impact biological resources, such as clearing and grubbing, the Developer agrees
to comply with all applicable requirements prescribed in the Otay Ranch GDPNillage Eleven
Environmental Impact Report EIR 01-02 (SCH#2001031120), and Mitigation Monitoring and
Reporting Program.
10. Condition No. 15 - (U.S. Fish and Wildlife/Fish and Game). In satisfaction of
Condition No. 15 of the Resolution, Developer hereby agrees, to comply with the Project's take
permit/authorization from the U.S. Fish and Wildlife Service and California Department ofFish
and Game, and comply with the City of Chula Vista Multiple Species Conservation Program
(MSCP) Subarea Plan.
11. Condition No. 16 - (RMP). In satisfaction of Condition No. 16 of the
Resolution, Developer hereby agrees that prior to the approval of each Final "B" Map Developer
shall comply with all requirements and policies of the Otay Ranch Resource Management Plan
(RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource
Management Plan (RMp2) as approved by City Council on June 4, 1996, and as may be amended
from time to time by the City.
12. Condition No. 17 - (Preserve Conveyance Schedule). In satisfaction of
Condition No. 17 of the Resolution, Developer hereby agrees to comply with the requirements
and policies of the Otay Ranch Resource Management Plan "Preserve Conveyance Schedule" as
approved by City Council on June 4, 1996, as may be amended from time to time.
13. Condition No. 22- (Preserve Management Plan). In satisfaction of Condition
No. 22 of the Resolution, Developer hereby agrees to convey fee title, or upon the consent of the
Preserve Owner/Manager (POM) and any lien holder, an easement restricting use of the land to
6
5-23
r
SSlA R-t7
09/11/2006
those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the
recordation of each final map for an amount of land equal to the final map's obligation to convey
land to the Preserve. Where an easement is conveyed, the Applicant shall be required to provide
subordination of any prior lien holders in order to ensure that the POM has a first priority interest
in such land. Where consent and subordination cannot be obtained, the Applicant shall convey
fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall
also be conveyed, and each tentative map shall be subject to a condition that the Applicant shall
execute a maintenance agreement with the POM stating that it is the responsibility of the
Applicant to maintain the conveyed parcel until the Habitat Maintenance District has generated
sufficient revenues to enable the POM to assume maintenance responsibilities. Where an
easement is granted, each tentative map is subject to a condition that fee title shall be granted
upon demand by the POM. The Applicant shall irrevocably offer for dedication to the City or its
designee, fee title, upon the recordation of each final map for an amount of land equal to the final
map's obligation to convey land to the Preserve. The Applicant shall maintain and manage the
conveyed parcel until the Preserve Community Facilities District (CFD) has generated sufficient
revenues to enable the POM to assume maintenance and management responsibilities.
14. Condition No. 27 - (Multi-Family). In satisfaction of Condition No. 27 of the
Resolution, Developer agrees that the subsequent development of a multi-family lot which does
not require the filing of a Final "B" Map shall meet, prior to issuance of a building permit for that
lot, all the applicable conditions of approval of the tentative map, as determined by the City
Engineer.
15. Conditions No. 35 - (PFFP). In satisfaction of Condition No. 35 of the
Resolution, Developer agrees to install public facilities in accordance with the Otay Ranch
Village Eleven SPA, Public Facilities Finance Plan (PFFP) as may be amended from time to time
or as required by the City Engineer to meet threshold standards adopted by the City of Chula
Vista. Developer acknowledge that the City Engineer and Director of Planning and Building
may, at their discretion, modifY the sequence, schedule, alignment and design of improvement
construction should conditions change to warrant such a revision.
16. Condition No. 45 - (PFDIF). In satisfaction of Condition No. 45 of the
Resolution, Developer agrees to participate in the funding of revisions of the Public Facilities
Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and
requested by the City Manager or his designee and subject to the approval of the City Council
and Developer will receive appropriate credit for such participation.
17. Condition No. 48 - (Fire). In partial satisfaction of Condition No. 48 of the
Resolution, Developer agrees to comply with the Fire Department's codes and policies for Fire
Prevention, as may be amended from time to time. Developer further agrees that prior to the
issuance of any building permit(s) for the Project, or prior to delivery of combustible materials on
any construction site on the Project, whichever comes first, to provide, to the satisfaction of the
Fire Marshal, the following items:
a. Water supply consisting offrre hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the Fire Department. Any temporary
water supply source is subject to prior approval by the Fire Marshal; and
7
5-24
T
SSIAR-17
09111/2006
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt
surface or concrete surface, with a minimum standard width of 20 feet; and
c. Street signs installed to the satisfaction of the Director of Public Works.
Temporary street signs shall be subject to the approval of the Director of Public Works and
Fire Marshall. Locations and identification of temporary street signs shall be subject to
review and approval by the Director of Public Works and Fire Marshall. Developer shall
install a lighted directory at every entrance to the project. .
18. Condition No. 49 - (Construction Timing). In satisfaction of Condition No. 49
of the Resolution, Developer agrees to obtain the approval of the City's Fire Marshal for the
timing of construction of all internal streets in the Project.
19. Condition No. 50 - (Fire Hydrants). In satisfaction of Condition No. 50 of the
Resolution, Developer agrees that in addition to those fire hydrants depicted on the tentative
map, the Developer shall install additional fire hydrants upon request and to the satisfaction of
the Fire Marshall.
20. Condition No. 51 - (Turnaround). In satisfaction of Condition No. 51 of the
Resolution, Developer agrees to construct a temporary turnaround or street improvements, upon
the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of
temporarily stubbed streets greater than 150 ft. in length (as measured from the nearest street
centerline intersection).
21. Condition Nos. 56b and 179 - (No Protest BRT/LRT Assessment Formation).
In partial satisfaction of Condition Nos. 56 and 179 of the Resolution, Developer agrees to not
protest the formation of any future regional benefit assessment district to finance the MTDB San
Diego Trolley BRT or LRT System.
22 . Condition No. 60 - (Private water in public street). In satisfaction of Condition
No. 60 of the Resolution, Developer agrees to not install privately owned water, reclaimed water,
or other utilities crossing any public street. Developer further acknowledges and agrees that the
installation of sleeves for future construction of privately owned facilities may be allowed subject
to the review and approval of the City Engineer if the following is accomplished:
a. The Developer enters into an agreement with the City where the Developer
agrees to the following:
i. Apply for an encroachment permit for installation of the private facilities
within the public right-of-way; and,
ii. Maintain membership in an advance notice such as the USA Dig Alert
Service; and,
iii. Mark out any private facilities owned by the Developer whenever work
is performed in the area; and,
iv. The terms of this agreement shall be binding upon the successors and
assigns of the Developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets.
8
5-25
T
SSIA R-l7
0911 1/2006
23. Condition No. 69 - (LOMR). In satisfaction of Condition No. 69 of the
Resolution, Developer agrees that prior to transfer of responsibility of maintenance of any basins
on the Project and release of the grading bond, to obtain a Letter of Map Revision (LOMR) from
the Federal Emergency Management Agency revising the current National Flood Insurance
Program Maps to reflect the effect of the drainage improvements. Developer acknowledges and
agrees that it shall be the responsibility of the Developer to revise the National Flood Insurance
Program Maps to reflect all modifications and to ensure that no proposed lot will be created in a
flood plain.
24. Condition No. 78 - (NPDES). In satisfaction of Condition No. 78 of the
Resolution, Developer agrees to comply with all applicable regulations established by the United
States Environmental Protection Agency (USEP A) as set forth in the National Pollutant
Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm
water discharge and any regulations adopted by the City of Chula Vista pursuant to the
N.P.D.E.S. regulations or requirements. Developer further agrees to file a Notice of Intent with
the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General
Permit for Storm Water Discharges Associated with Construction Activity and shall implement a
Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading
activities. The SWPPP shall include both construction and post construction pollution
prevention and pollution control measures and shall identify funding mechanisms for post
construction control measures. The Developer further agrees to comply with all the provisions of
the N.P.D.E.S. and the Clean Water Program during and after all phases of the development
process, including but not limited to: mass grading, rough grading, construction of street and
landscaping improvements, and construction of dwelling units. The Developer shall submit a
Water Quality Technical Report prior to obtaining any commercial building permits. The
Developer shall design the Project's storm drains and other drainage facilities to include Best
Management Practices to minimize non-point source pollution, satisfactory to the City Engineer.
The San Diego Regional Water Quality Control Board has issued a Municipal Storm Water
Permit (Order No. 2001-01). The permit includes regulations such as implementation of Standard
Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential
development. The Developer agrees to comply with all relevant City regulations, when they
become effective, including but not limited to incorporation into the design and implementation
of the Project temporary and permanent structural Best Management Practices and non-structural
mitigation measures that would reduce pollution of storm water runoff to the maximum extent
practicable.
25. Condition No. 84 - (Erosion Control). In satisfaction of Condition No. 84 of
the Resolution, Developer agrees to mend the eroded open channel located west of the SDG&E
easement extending south from Hunte Parkway to the water quality basin to the satisfaction of
the City Engineer prior to September I, 2007. "Mending" includes the reconstruction of gabions,
rerouting of canyon drains to the by-pass pipe and other such improvements such that the
effective slope of the channel is lowered to non-erosive velocities and the daily runoff from the
project is routed thru the by-pass pipe. Developer further agrees not to seek release of any
grading bond until such mending has occurred.
9
5-26
T
SSlA R-17
09/1 1/2006
26. Condition No. 89 - (Wall Maintenance). In satisfaction of Condition No. 89 of
the Resolution, Developer agrees to provide a setback, as determined by the City Engineer based,
on Developer's Soils Engineer recommendations, between the property lines of the proposed lots
and the top or toe of any slope to be constructed where the proposed grading adj oins undeveloped
property or property owned by others. The City Engineer will not approve the creation of any lot
that does not meet the required setback.
27. Condition Nos. 92, 93 & 94 -(Dry weather flows). In partial satisfaction of
Condition Nos. 92, 93 & 94 of the Resolution, Developer agrees to implement the dry weather
study titled "Otay Ranch, Village Eleven Dry Weather Runoff Analysis" dated July 6, 2001, as
amended from time to time, such that:
a. Dry weather flows detention period does not exceed 72 hrs.
b. Dry weather post-developed conditions for Salt Creek shall be the same as
pre-developed conditions.
28. Condition No. 96 - (permitting agencies). In partial satisfaction of Condition
No. 96 of the Resolution, Developer agrees to obtain approval from all applicable permitting
agencies, including but not limited to FEMA, prior to any work within each of the agencies
jurisdiction. Developer further acknowledges and agrees that all mitigation requirements will be
the responsibility of the Developer.
29. Condition No. 114 - (parks and Open Space). In partial satisfaction of
Condition No. 114 of the Resolution, Developer agrees that the Village Eleven Project shall
satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance
establishes a requirement that the project provide three (3) acres of local parks and related
improvements per 1,000 residents. Local parks are comprised of community parks and
neighborhood parks. The Project's Neighborhood Park portion of the local park requirement
shall be satisfied through the provision ofa 7.0 net-acre Neighborhood Park (P-l). The remaining
requirement shall be satisfied in a future Community Park through the payment of fees,
dedication of land, or a combination thereof in a manner acceptable to the Director of General
Services.
30. Condition No. 116 - (PAD Fees). In satisfaction of Condition No. 116 of the
Resolution, Developer has paid all applicable Parkland Acquisition and Development fees in
affect at time of City Council approval to the City in accordance with C.V.M.C Chapter 17.10
prior to approval of each Final "B" Map.
31. Condition No. 118 - (Park Site In partial satisfaction of condition No. 118 of the
resolution the Developer has commenced construction of the project's Neighborhood Park P-l.
The Developer shall complete construction of the park by September 22, 2006. The term
complete construction shall mean that the park construction has been completed according to the
City approved construction plans and accepted by the Director of General Services. The
maintenance/establishment period, while still the Developer's responsibility, is not part of the
work the Developer is required to do in order to achieve complete construction.
10
5-27
T
SSIAR-17
09/11/2006
The Developer further agrees that at any time the Director of General Services may, at his sole
discretion, modifY the neighborhood development phasing and construction sequence for the
Proj ect' s park should conditions change to warrant such revision.
32. Condition No. 121 - (Parks). In satisfaction of Condition No. 121 of the
Resolution, Developer agrees that at no time shall there be a deficit in "constructed neighborhood
parks". Developer further agrees that the City may withhold the issuance of building permits for
the Project, should such deficit occur. For purposes of this paragraph the term "constructed
neighborhood park" shall mean the construction of the park has been completed and accepted by
the City as being in compliance with the Park Master Plan, but prior to the City's required
mandatory maintenance period. This is not intended to supersede any of the City's maintenance
guarantee requirements.
33. Condition No. 122 - (Parks). In satisfaction of Condition No. 122 of the
Resolution, Developer agrees that all local parks shall be designed and constructed consistent
with the provisions of the Chula Vista Landscape Manual and related Planning and Building
Department specifications and policies.
34. Condition No. 124 - (Town Square P-4). In partial satisfaction of Condition
No. 124 of the Resolution, the Developer has secured the construction of the Town Square Park
as shown in Exhibit "B" and agrees to construct the Town Square Park by December 31, 2006, or
to the satisfaction of the Director of Planning and Building and the Director of General Services.
35. Condition No. 137 - (Regional Trails). In satisfaction of Condition No. 137 of
the Resolution, Developer shall obtain the approval of the Director of General Services for
appropriate signage indicating location of trail connections, handicap access, and bikeway
locations to the Regional Trail, Village Greenway, and Chula Vista Greenbelt. Said signage shall
be included on the Landscape and Irrigation Improvement Plan. Signage shall be installed upon
the request of the Director of General Services and Director of Planning and Building.
36. Condition No. 139 - (Accessibility Guidelines). In satisfaction of Condition No.
139 of the Resolution, Developer agrees to comply with the current Regulatory Negotiation
Committee Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final
Report, as may be amended from time to time, developed for: U.S. Architectural and
Transportation Barriers Compliance Board when designing all trails and trail connections.
37. Condition No. 144 - (CC&R's). In satisfaction of Condition No. 144 of the
Resolution, Developer agrees that prior to the approval of any future Map or commercial
building permit, Declaration or Supplementary Declaration of Covenants, Conditions, and
Restrictions (CC&R's) shall be submitted and be subject to the approval of the City Engineer.
The CC&R's shall include the following obligations of the Master Homeowners Association:
a. A requirement that the MHOA shall maintain comprehensive general liability
insurance against liability incident to ownership or use of the following areas:
i. All open space lots that shall remain private,
ii. Other Master Association property.
11
5-28
T
SSIAR-17
09111/2006
b. The City shall review and may approve any revisions to provisions of the CC&R's
that affect the City before they can become effective. The MHOA shall not seek approval
from the City of said revisions without the prior consent of 100 percent of the holders of
first mortgages or property owners within the MHOA.
c. The MHOA shall indemnity and hold the City harmless from any claims, demands,
causes of action liability or loss related to or arising from the maintenance activities of the
MHOA.
d. The MHOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent of the City and 100 percent of the
holders of first mortgages or property owners within the MHOA.
e. The MHOA is required to procure and maintain a policy of comprehensive general
liability insurance written on a per occurrence basis in an amount not less than one million
dollars combined single limit. The policy shall be acceptable to the City and name the City
as additionally insured to the satisfaction of the City Attorney.
f. The CC&R's shall incorporate restrictions for each lot adjoining open space lots
containing walls maintained by the Open Space District to ensure that the property owners
know that the walls may not be modified or supplemented nor may they encroach on City
property.
g. The CC&R's shall include provisions assuring maintenance of all streets, driveways,
drainage and sewage systems which are private.
h. The CC&R's shall include provisions assuring MHOA membership in an advance
notice such as the USA Dig Alert Service in perpetuity.
i. The CC&R's shall include provisions that provide the City has the right but not the
obligation to enforce the CC&R provisions the same as any owner in the project.
j. The CC&R provisions setting forth restrictions in these Tentative map conditions
may not be revised at any time without prior written permission of the City.
k. The MHOA shall not dedicate or convey for public streets, land used for private
streets without approval of 100% of all the HOA members or holder of first mortgages
within the MHOA.
l. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall
also include language which states that any proposal by the HOA to allow "speed bumps"
in the future shall require prior written approval of 100% of all the Homeowners
Association members.
12
5-29
T
SSIAR-17
09/1112006
38. Condition No. 145 - (Homeowner Notification of MHOA Responsibilities). In
satisfaction of Condition No. 145 of the Resolution, Developer agrees that future property
owners shall be notified during escrow, by a document to be initialed by the owners, of the
maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall
submit the document and obtain the approval of the City Engineer and Director of Planning and
Building prior to distribution through escrow.
39. Condition No. 146 - (HOA Responsibilities). In satisfaction of Condition No.
146 of the Resolution, Developer agrees that an HOA shall be responsible for the maintenance
and operation of all facilities within the common areas and streets behind any gated entrances.
The facilities to be maintained include, but are not limited to: pavements, sidewalks, street trees,
street lights including power supply, street sweeping, private drainage facilities and landscaping
of private common areas.
40. Condition No. 147 - (HOA Responsibilities). In satisfaction of Condition No.
147 of the Resolution, Developer agrees to grade a level, clear area at least three feet wide (face
of wall to top of slope), along the length of any wall abutting an open space district lot, as
measured from face-of-wall to beginning of slope. Said area shall be as approved by the City
Engineer and the Director of Planning and Building.
41. Condition No. 148 - (Open Space Lot Walls). In satisfaction of Condition No.
148 of the Resolution, Developer agrees that prior to close of escrow all buyers of lots adjoining
open space lots containing walls maintained by the Open Space District sign a statement, when
purchasing their homes, stipulating that they are aware that the walls are on City property and
that they shall not modify or supplement the wall or encroach onto City property. These
restrictions shall also be incorporated in the CC&R's for all lots.
42. Condition No. 149 - (Open Space Lots). In satisfaction of Condition No. 149 of
the Resolution, Developer agrees that prior to approval of each Final Map, provide proof to the
satisfaction of the City Engineer and Director of General Services that all improvements located
on open space lots will be incorporated into and maintained by a Home Owner's Association or
an Open Space District.
43. Condition No. 150 - (Maintenance District). In satisfaction of Condition No.
150 of the Resolution, Developer agrees to not protest formation or inclusion in a maintenance
district or zone for the maintenance of landscaped medians and scenic corridors along streets
within or adjacent to the Project.
44. Condition No. 151 - (Landscape Funding Mechanism). In satisfaction of
Condition No. 151 of the Resolution, Developer agrees that prior to issuance of any grading
permit which includes Landscaping and Irrigation (L&I) improvements to be installed in an open
space lot to be maintained by the Community Facility District (CFD), the Developer shall place a
cash deposit, or other funding mechanism acceptable to the City, in the City's sole discretion,
with the City which will guarantee the maintenance of the L&I improvements until the City
accepts said improvements. Developer further acknowledges and agrees that in the event the
improvements are not maintained to City standards as determined by the City Engineer and the
13
5-30
T
SSIAR-17
09/11/2006
Director of General Services, the deposit shall be used to perform the maintenance. Developer
further agrees that the amount of the deposit shall be equivalent to the estimated cost of
maintaining the open space lots to City standards for a period of six months, ("Minimum Deposit
Amount"), as determined by the City Engineer. Developer further agrees that any unused portion
of said deposit may be incorporated into the CFD' s Reserve Account, or returned to the
Developer, according to the following:
a. If, six months prior to the scheduled date of acceptance of Landscape and
Irrigation improvements for maintenance by the CFD, the Reserve Account is less than the
Minimum Deposit Amount, the difference between these two amounts shall be incorporated
into the Reserve Account, or;
b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused
portion of the deposit may be returned to the Developer in 6 equal monthly increments over
the last six months of the maintenance period if the maintenance is being accomplished to
the satisfaction of the Director of General Services.
45. Condition No. 158 - (Grant Easements). In satisfaction of Condition No. 158,
the Developer agrees to design Landscape and Irrigation Plans such that street tree placement is
not in conflict with the sight visibility of any traffic signage. The Developer shall be responsible
for the removal of any obstructions within the sight visibility of said traffic signs to the
satisfaction of the City Engineer.
46 . Condition No. 172 - (Withhold Permits per PFFP). In satisfaction of
Condition No. 172 of the Resolution, Developer agrees:
a. That the City may withhold building permits for the subject subdivision if anyone
of the following occur:
i. Regional development threshold limits set by the Chula Vista
Transportation Phasing Plan, as amended from time to time, have been reached or in
order to have the Project comply with the Growth Management Program, as may be
amended from time to time.
ii. Traffic volumes, levels of service, public utilities and/or services either
exceed the adopted City threshold standards or fail to comply with the then effective
Growth Management Ordinance, and Growth Management Program and any
amendments thereto. Public utilities shall include, but not be limited to, air quality,
drainage, sewer and water.
iii. The required public facilities, as identified in the PFFP or as amended or
otherwise conditioned have not been completed or constructed to the satisfaction of
the City. The Developer may propose changes in the timing and sequencing of
development and the construction of improvements affected. In such case, the PFFP
may be amended as approved by the City's Director of Planning and Building and
the Public Works Director. The Developer agrees that the City may withhold
building permits for any of the phases of development identified in the Public
Facilities Financing Plan (PFFP) for Otay Ranch Village Eleven SPA if the required
public facilities, as identified in the PFFP or as amended by the Annual Monitoring
Program have not been completed.
14
5-31
T
SSIAR-17
09/1112006
b. To defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any approval by the City, including approval
by its Planning Commission, City Councilor any approval by its agents, officers, or
employees with regard to this subdivision pursuant to Government Code Section 66499.37
provided the City promptly notifies the Developer of any claim, action or proceeding and on
the further condition that the City fully cooperates in the defense.
c. To ensure that all franchised cable television companies ("Cable Company") are
permitted equal opportunity to place conduit and provide cable television service to each lot
within the subdivision. Developer agrees that the City of Chula Vista may grant access to
cable companies franchised by the City of Chula Vista to place conduit within the City's
easement situated within the Project. Developer shall restrict access to the conduit to only
those franchised cable television companies who are, and remain in compliance with, all
other rules, regulations, ordinances and procedures regulating and affecting the operation of
cable television companies as same may have been, or may from time to time be issued by
the City of Chula Vista.
d. That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the terms of the
Tentative Map Conditions or any Supplemental Agreement. The City shall provide the
Developer of notice of such determination and allow the Developer reasonable time to cure
said breach.
e. To hold the City harmless from any liability for erosion, siltation or increase flow
of drainage resulting from this Project.
47. Condition No. 173 - (Previous Agreements). In satisfaction of Condition No.
173 of the Resolution, Developer agrees to:
a. Participate, on a fair share basis, in any deficiency plan or financial program
adopted by SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program or
facilities.
48. Condition No. 174 - (Previous Agreements). In satisfaction of Condition No.
174 of the Resolution, Developer agrees to comply with all previous agreements as they pertain
to the Tentative Map.
49. Condition No. 175 - (Street Sweeping). In partial satisfaction of Condition No.
175 of the Resolution, Developer agrees to cause street sweeping to commence immediately after
the final residence, in each phase, is occupied and shall continue sweeping until such time that
the City has accepted the street or 60 days after the completion of all punch list items, whichever
is shorter. The Developer further agrees to provide the City Special Operations Manager with a
copy of the memo requesting street sweeping service, which memo shall include a map of areas
to be swept and the date the sweeping will begin.
15
5-32
T
SSIAR-17
09/11/2006
50. Condition No. 176 - (Regional Impact Fees). In satisfaction of Condition No.
176 of the Resolution, Developer is required to equitably participate in any future regional
impact fee program for regional facilities should the region enact such a fee program to assist in
the construction of such facilities. The Developer agrees not protest the formation of any future
regional benefit assessment district formed to finance regional facilities.
51. Condition No. 177 - (Regional Impact Fees). In satisfaction of Condition No.
177 of the Resolution, Developer agrees to fund the cost of transit facilities. Said facilities,
including but not limited to "transit stops" shall be designed in the manner consistent with the
transit stop details as described in the Village Eleven Design Plan, as approved by the City's
Transit Coordinator and Director of Planning and Building
52. Condition No. 180 - (Open Space Lots). In satisfaction of Condition No.! 80 of
the Resolution, Developer agrees to construct and has secured open space landscape
improvements within the Final Map area as set forth on Exhibit "B".
53. Condition No. 181 - (Junior/High School Site). In partial satisfaction of
Condition No. 181 the Developer agrees to further subdivide parcel S-2 to provide the
Sweetwater Union High School District with a 25-net usable acre graded parcel for the
High/Middle School and the City with the open space lots as shown on the Tentative Map.
54. Condition No. 183 - (PFFP). In satisfaction of Condition No. 183 of the
Resolution, Developer agrees to install all public facilities in accordance with the Village Eleven
Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold
standards adopted by the City. Developer acknowledges and agrees that the City Engineer may
modify the sequence of improvement construction should conditions change to warrant such a
revision. The Developer further agrees to comply with Chapter 19.09 of the Chula Vista
Municipal Code (Growth Management Ordinance) as may be amended from time to time by the
City. Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public
Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.100).
55. Condition No. 184 - (Interim facilities). In satisfaction of Condition No. 184 of
the Resolution, Developer agrees that the maintenance and demolition of all interim facilities
(public facilities, utilities and improvements) is the Developer's responsibility, and that
construction and demolition bonds will be required to the satisfaction of the City Engineer.
56. Condition No. 189 - (Annual review). In satisfaction of Condition No. 189 of
the Resolution, Developer agrees that pursuant to the provisions of the Growth Management
Ordinance (Section 19.09 of the CVMe) and the Otay Ranch General Development Plan (GDP),
and as they may be amended from time to time, the Developer shall complete the following: (I)
Fund the preparation of an annual report monitoring the development of the community of Otay
Ranch. The annual monitoring report will analyze the supply of, and demand for, public
facilities and services governed by the threshold standards. An annual review shall commence
following the first fiscal year in which residential occupancy occurs and is to be completed
during the second quarter of the following fiscal year. The annual report shall adhere to those
16
5-33
T
SSIA R-17
09/11/2006
guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year
development phasing forecast identifYing targeted submittal dates for future discretionary
applications (SPA's and tentative maps), Projected construction dates, corresponding public
facility needs per the adopted threshold standards, and identifYing financing options for necessary
facilities.
57. Condition No. 190 - (Project Manager). In satisfaction of Condition No. 190 of
the Resolution, the owners of each Village shall be responsible for retaining a project manager to
coordinate the processing of discretionary permit applications originating from the private sector
and submitted to the City of Chula Vista. The project manager shall establish a formal submittal
package required of each developer to ensure a high standard of design and to ensure consistency
with standards and policies identified in the adopted SPA Plan. The project manager shall have a
well-rounded educational background and experience, including but not limited to land use
planning and architecture.
58. Condition No. 193 - (Phasing Plan). In satisfaction of Condition No. 193 of the
Resolution, Developer agrees that any proposals to modifY the Village Eleven SPA approved
phasing plan, shall be submitted to the Director of Planning and Building for review and
approval prior to approval of the first Final "B" Map. The Developer further acknowledges and
agrees that the PFFP shall be revised where necessary to reflect the revised phasing plan.
59. Condition No. 194 - (Phasing Plan). In satisfaction of Condition No. 194 of the
Resolution, Developer agrees that the phasing approved with the Village Eleven SPA Plan may
be amended subject to approval by the Director of Planning and Building and the City Engineer.
60. Condition No. 195 - (Phasing Plan). In satisfaction of Condition No. 195 of the
Resolution, Developer agrees that if phasing is proposed within an individual map or through
multiple Final Maps, the Developer shall submit and obtain approval for a development phasing
plan by the City Engineer and Director of Planning and Building prior to approval of any Final
Map. Developer further acknowledges and agrees that improvements, facilities and dedications
to be provided with each phase or unit of development shall be as determined by the City
Engineer and Director of Planning and Building. Developer acknowledges that the City reserves
the right to require said improvements, facilities and/or dedications as necessary to provide
adequate circulation and to meet the requirements of Police and Fire Departments, and that the
City Engineer and Director of Planning and Building may, at their discretion, modifY the
sequence of improvement construction should conditions change to warrant such a revision. The
Developer further agrees that the City Engineer may change the timing of construction of the
public facilities.
61. Condition No. 196 - (Phasing Plan). In satisfaction of Condition No. 196 of the
Resolution, Developer agrees that the Public Facility Finance Plan or revisions thereto shall be
adhered to for the Village Eleven SPA and tentative map with improvements installed in
accordance with said plan or as required, to meet threshold standards adopted by the City of
Chula Vista. Developer acknowledges that the PFFP identifies a facility phasing plan based
upon a set of assumptions concerning the location and rate of development within and outside of
the Project area; that throughout the build-out of Village Eleven SPA, actual development may
17
5-34
T
SSIAR-17
09/1 1/2006
differ from the assumptions contained in the PFFP; and that neither the PFFP nor any other
Village Eleven SPA Plan document grant the Developer an entitlement to develop as assumed in
the PFFP, or limit the Village Eleven SPA's facility improvement requirements to those
identified in the PFFP. Developer acknowledges that compliance with the City of Chula Vista
threshold standards, based on actual development patterns and updated forecasts in reliance on
changing entitlements and market conditions, shall govern Village Eleven SPA development
patterns and the facility improvement requirements to serve' such development. In addition,
Developer acknowledges and agrees that the sequence in which improvements are constructed
shall correspond to any future Chula Vista Transportation Phasing Plan or amendment to the
Growth Management Program and Ordinance adopted by the City and that the City Engineer may
modifY the sequence of improvement construction should conditions change to warrant such a
revision.
62. Condition No. 197 - (Phasing Plan). In satisfaction of Condition No. 197 of the
Resolution, Developer agrees that prior to approval of any Final Map proposing the creation of
Multi-family housing for the Project including Planning Areas R-17, R-18, R-19, R-23, R-24, R-
25 or MD-I as a condominium Project, community aparttnent Project, or stock cooperative, as
defined in the applicable sections of the Government Code, Developer agrees to process a
subsequent tentative map for said proposed condominium, community apartment, or stock
cooperative Project in said Planning Area pursuant to Section 66426 of the Subdivision Map Act.
63. Condition No. 198 - (Code Requirements). In satisfaction of Condition No. 198
of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista
Municipal Code. Developer acknowledges and agrees that preparation of the Final Map and all
plans shall be in accordance with the provisions of the Subdivision Map Act and the City of
Chula Vista Subdivision Ordinance and Subdivision Manual. Developer further agrees to
underground all utilities within the subdivision in accordance with Municipal Code requirements.
64. Condition No. 199 - (Code Requirements). In satisfaction of Condition No. 199
of the Resolution, Developer agrees to pay the following fees in accordance with the City Code
and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer connection fees.
d. Salt Creek Sewer Basin DIF.
e. The Pedestrian Bridge DIF.
f. The FIND Model reserve Fund Fee.
65. Condition No. 200 - (Code Requirements). In partial satisfaction of Condition
No. 200 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local
regulations, including the Clean Water Act. The Developer agrees to be responsible for
providing all required testing and documentation to demonstrate said compliance as required by
the City Engineer.
18
5-35
T
SSIAR-17
09/1112006
66. Condition No. 202 - (Code Requirements). In partial satisfaction of Condition
No. 202 of the Resolution, Developer agrees to comply with Council Policy No. 522-02
regarding maintenance of natural channels within open spaces.
67. Condition No. 203 - (Code Requirements). In partial satisfaction of Condition
No. 203 of the Resolution, Developer agrees that all proposed development shall be consistent
with the Otay Ranch Village Eleven SPA Planned Community Bistrict Regulations.
68. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Numbers I-
5,8, 11-l7, 22, 27, 35-37, 45, 48-51, 56, 60, 69,76,78,84,89,91-94,96,109,114,116,118,
121-122,124,137,139,144-151,158,172-177, 179-181, 183-184, 189-190, 193-200,202-203
of Resolution 2001-364. Developer further understands and agrees that the some of the
provisions herein may be required to be performed or accomplished prior to the approval of
subsequent Final Maps for the Project.
69. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned,
that Developer shall comply with all unfulfilled conditions of approval of the tentative map,
established by Resolution No. 2001-364 and shall remain in compliance with and implement the
terms, conditions and provisions therein.
70. Recording. This Agreement, or an abstract hereof shall be recorded
simultaneously with the recordation of the Final Map.
71. Building Permits. Developer and Guest Builders understand and agree that the
City may withhold the issuance of building permits for the Project, should the Developer be
determined by the City to be in breach of any of the terms of this Agreement. The City shall
provide the Developer of notice of such determination and allow the Developer with reasonable
time to cure said breach.
72. Miscellaneous.
a.Notices. Unless otherwise provided in this Agreement or by law, any and all notices
required or permitted by this Agreement or by law to be served on or delivered to
either party shall be in writing and shall be deemed duIy served, delivered, and
received when personally delivered to the party to whom it is directed, or in lieu
thereof, when three (3) business days have elapsed following deposit in the U.S.
mail, certified or registered mail, return receipt requested, first-class postage
prepaid, addressed to the address indicated in this Agreement. A party may
change such address for the purpose of this paragraph by giving written notice of
such change to the other party.
19
5-36
T
SSIAR-17
09/11/2006
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Engineering
DEVELOPER:
Brookfield Otay R17 LLC
12865 Pointe Del Mar, Suite 200
Del Mar, CA 92014
Attn: Adam Pevney, Project Manager
Tel: (858) 481-8500
A party may change such address for the purpose of this paragraph by giving written notice
of such change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference
and do not defme, describe or limit the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subject matter hereof. Any prior oral or written representations,
agreements, understandings, and/or statements shall be of no force and effect. This
Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted.
d. Preparation of Agreement. No inference, assumption or presumption shall be
drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It
shall be conclusively presumed that both parties participated equally in the preparation
and/or drafting this Agreement.
e. Recitals; Attachments. Any recitals set forth above and exhibits attached hereto
are incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be
entitled to a judgment against the other for an amount equal to reasonable attorney's fees
and court costs incurred. The "prevailing party" shall be deemed to be the party who is
awarded substantially the relief sought.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
20
(J:lEngineerILANDDEVlProjects\Otay Ranch Village II IR-17\SSIA- R-17 Final.doc)
5-37
T
SSIAR-17
09/11/2006
[PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA
VISTA TRACT NO. 01-11 R-17 - B MAP]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year fIrst hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form:
Ann Moore
City Attorney
5-38
T
SSIA R-17
09/0112006
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
[pAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA
VISTA TRACT NO. 01-11 R-17 - B MAP]
DEVELOPERS/OWNERS:
BROOKFIELD OTA Y Rl7 LLC, a Delaware Limited Liability Company
By: 4?~a
By: ~ ~ ~ d; I+c$.
Name: E. d fk~.f
Name: !i?..",jd iJ. 6"ulltNJ
V;~ ,4q ;./..:t
(Attach Notary Acknowledgment and Company Signature Authority)
5-39
T
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
} ss.
County of San Diego
On September 7, 2006, before me, Nicole Sutherland, Notary Public,
personally appeared Ronald D. Grunow and E. Dale Gleed,
r-----------~
NICOLE SUTHERlAND
@ Commission # 1555413
~.: Notcry Public. California ~
~' Son Diego County t
_ _ _ ~:o:m:...exr:ire~Fe~2~2~9
personally known to me to be the persons
whose names are subscribed to the
within instrument and acknowledged to
me that they executed the same in their
authorized capacity, and that by their
signatures on the instrument the persons,
or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
~LO\L ~At~W
Place Notary Seal Above
Signature of Notary Public
5-40
T
SSlA R-17
09/11/2006
EXHIBIT "A"
PROPERTY DESCRIPTION
Lot 8 ofChula Vista Tract No. 01-11, Otay Ranch Village 11 "A" Map No.3 in the City ofChula
Vista, County of San Diego, State of California, according to Map thereof No. 15233, Filed in the
Office of the County Recorder of San Diego County on December 28,2005 as File No. 2005-
1108998 of Official Records.
5-41
T
SSLA R-17
0911 1/2006
EXHIBIT "B"
LIST OF SECURITIES
CV WO No. Description Bond $ Bonding Company Bond
(Drawino #\ Name number
$416,000 Insurance Company of
1 Future Plans Village Square Park Landscape & Irrigation 2176553
Bond the West
Landscape & Irrigation for $4,801,968.15 Landscape Arch Insurance Company
2 04-092 Slopes (CFD, HOA, Private, & SU5013327
T emnorarv) & Irrigation Bond Missouri
3
4
5-42
T
COUNCIL AGENDA STATEMENT
Item h
Meeting Date 11/14/06
ITEM TITLE:
Resolution Approving the Final Map and associated agreements for
Chula Vista Tract No. 01-11, OtayRanch Village II, Neighborhoods MU-I
and R-19, acknowledging the irrevocable offer of dedication of fee interest
granted on said map and accepting on behalf of the City of Chula Vista the
various public easements as granted on said map.
SUBMITTED BY:
Acting Director of Engi~~
Interim City Manager (fl
(4/5ths Vote: Yes_NoX)
REVIEWED BY:
Tonight, City Council will consider the approval of a Final Map and associated agreements for
Neighborhoods MU-l and R-19, a subdivision ofOtay Ranch Village 11. Neighborhoods MU-l and
R -19 consist of residential condominiums, mixed-use condominiums and commercial acres on three
lots with three open space lots (Lots A, B & C) along Eastlake Parkway.
RECOMMENDATION:
That Council adopt the Resolution approving the Final Map and other associated agreements for
Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhoods MU-l and R-19,
acknowledging the irrevocable offer of dedication offee interest granted on said map and accepting
on behalf of the City of Chula Vista the various public easements as granted on said map.
BOARD/COMMISSIONS RECOMMENDATIONS: N/ A
DISCUSSION:
Otay Ranch Village 11, with the marketing name of "Windingwalk," is generally located south of
Olympic Parkway, east of Eastlake Parkway and north of Hunte Parkway (see Attachment A). The
tentative map (Chula Vista Tract No. 01-11) was approved on October 23, 2001 by Resolution 2001-
364. Neighborhood MU-l and R-19, within Village 11, is located east ofEastlake Parkway south of
Birch Road and north of Crossroads Street (see Attachment B).
The Final Map for Neighborhood MU-l and R-19 and the associated agreements (see Exhibits 1-2)
are now before Council for consideration and approval.
Approval of the final map also constitutes acceptance of various public easements within the
subdivision including easements for the installation and maintenance of perimeter walls, landscape
buffers and sidewalk.
The Final Map
The Final Map subdivides one parcel into three lots for Commercial and Residential uses, and three
open space lots. Lot I consists of239 residential condominium units, Lot 2 consists of 43 residential
6-1
T
Page 2, Item~
Meeting Date 11/14/06
condominiums and 39 commercial condominiums and Lot 3 is a nine-acre commercial lot.
The Project's Homeowners' Association (HOA) will maintain all private improvements including the
streets and storm drains with the exception of the eight inch sewer mains within Lots I and 2 of said
subdivision:
Commercial Lot
All facilities and infrastructure within the nine-acre commercial lot will be maintained by the
Business Association formed by all the business owners.
Open Space Lots
CFD-09M will maintain the three open space lots, lots "A", "B" and "C" which front Eastlake
Parkway.
Subdivision and Supplemental Subdivision Improvement Agreements (SIA) & (SSIA)
The SIA and SSIA for the Final Map outline the developer's requirements to construct the internal
subdivision imp;ovements, including public sewer, and subdivision survey monumentationand to
comply with the development conditions for the project. The developer has complied with the
Municipal Code as it relates to bonding subdivision improvements and survey monumentation.
Town Square Park
The original Tentative Map Conditions (No. 124) called for the one-acre Town Square Park to be
constructed prior to issuance of the 300th building permit within Phase Two of the Village II
Project. Due to a redesign ofthe Town Square / Community Purpose Facility site, the SSIA for the
final map revises this condition to require the developer to post a bond for the completion of the
Town Square and to complete the site by December 2006, or to the satisfaction of the Director of
Planning and Building and the Director of General Services. A bond in the amount of$416,000 has
been posted. Once the site plan has been finalized, the developer will bring an amended Tentative
Map and SPA plan before Council for consideration.
Parks
All required PAD fees have been collected for this Final Map.
ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the
proposed project for compliance with the California Environmental Quality Act and has determined
that the Final Map was adequately covered in previously adopted Final Second Tier EIR (EIR 01-
02), for the Otay Ranch General Plan AmendmentsNillage 11 Sectional Planning Area Plan, and
Conceptual Tentative Map. Thus, no further environmental review or documentation is necessary.
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 subject of this action.
FISCAL IMP ACT: None to the General Fund. All staff costs associated with processing of the
improvement plans, final maps and associated agreements will be reimbursed from the developer's
deposits.
(J:IEngineerlAgendaICAS2006111-14-06ICAS MD-) & R.19 Map.doc)
6-2
Attachments:
Exhibits:
A. Plat for Otay Ranch Village II,
B. Plat for Otay Ranch Village 11, Neighborhoods MU-] and R-19
C. Developer's Disclosure Statement
1. Subdivision Improvement Agreement
2. Supplemental Subdivision Improvement Agreement
(J:\Engineer\Agenda\CAS2006\11~14-06\CAS MD-l & R-19 Map.doc)
6-3
Page 3, ItemL
Meeting Date 11/14/06
':!iii',
".~''':''~~';
":.;,!;Di-""
"
j
CD
NOT 10 SOU
Brookfield Shea Otay, LLC
ATTACHMENT ~
R.B
R.23
I
I
[>
I.......
. .
r.,-,"
'.:
f"
.....
:~'::f.:~.~... :
I::
, :..,
6-4
.
CHULA VISTA TRACT NO. 01-11
OTAY RANCH
VILLAGE 11 NEIGHBORHOODS MU-1 AND R-19
BIRCtl RO~
~ ~\>~
"'~':\)\~;~'\
~\\.... S'\~
~
. HUNSAKER
~ ~ ~,~~~~TES
400
600
I
r
ATTACHMENT ,C
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City ofChula Vista election must be
filed, The following information must be disclosed:
I. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
'S~ I'
_ . o~nJA)0s
CP
:SSe> 1..1 r
2. If any person' identified pursuant to (I) above is a corporation or pattnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
.J-) IA
,
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
you have assigned to represent you before the City in this matter.
0l,^^- \::.l\n~~
\
/-Io",,,,.ke-r ,"",^"",) A<;;scC-l~<'-'-::
iJ, 0U-Jo..v- J ,-, N-t) A SSo~ J-.e~
5. Has any person' associated with this contract had any fmancial dealings with an official" of the City of
Chula Vista as it relates to this contract within the past 12 months. Yes_ No~
6-6
r
City of Chula Vista Disclosure Statement
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
iyA
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member
of the Chula Vista City Council? Nod{ Yes _ If yes, which Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes _ No A-
If Yes, which official" and what was the nature of item provided?
//
Date: C. ""2.:1.06
,
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or
other political subdivision, -or any other group or combination acting as a unit.
"
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission, or committee of the City, employee, or staff members.
J:\Attomey\forms\disclosure statement 3 -6-03
6-7
RESOLUTION NO. 2006-
RESOLUTION APPROVING THE FINAL MAP OF
CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11,
NEIGHBORHOODS MU-l AND R-19; ACKNOWLEDGING THE
IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST
GRANTED ON SAID MAP; AND ACCEPTING ON BEHALF OF
THE CITY OF CHULA VISTA THE V ARrous PUBLIC
EASEMENTS AS GRANTED ON SAID MAP
WHEREAS, Shea Homes L.P ("the developer") has submitted a final map
for Otay Ranch Village 11, Neighborhoods MU-l and R-19; and
WHEREAS, the developer has executed a Subdivision Improvement Agreement to install
public facilities (Sewer) associated with the project; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of City Council Resolution No. 2001-364; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that certain map survey entitled Chula Vista Tract 01-11, Otay Ranch Village
11 Neighborhoods MU-l and R-19 is made in the manner and form prescribed by law and
conforms to the surrounding surveys; and that said map and subdivision ofland shown thereon is
hereby approved and accepted. The map is more particularly described as follows:
Being A Subdivision of Lot 9 ofChula Vista Tract No. 01-11 Otay Ranch Village 11 "A"
Map No.2, according to map thereof No. 14780, filed in the office of the County Recorder on
April 30, 2004 and Lot 10 ofChula Vista Tract No. 01-11 Otay Ranch Village 11 "A" Map No.
3, According To Map Thereof No. 15233, filed in the office of the County Recorder on
December 28, 2005, in the City of Chula Vista, County of San Diego, State of California as
Described as Parcel "A" in Certificate Of Compliance recorded April 28, 2006 as Instrument No.
2006-0300433, Being a Lot Consolidation of
Area: 25.222 Acres
Numbered Lots: 3
Open Space Lots: 3
No. of Lots: 6
Lettered Lots: 3
BE IT FURTHER RESOLVED that the City Council hereby acknowledges and rejects
on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest in Lots
"A", "B" & "C" for open space and other public purposes all as shown on Otay Ranch Village
11 Neighborhoods MU-l and R-19 within said subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista is hereby
authorized and directed to endorse upon the map the action of the City Council; that the Council
has approved said subdivision map, and that the Irrevocable Offer of Dedication of Fee Interest
of Lots "A", "B" & "C" for open space and other public purposes is acknowledged on behalf of
the City ofChula Vista.
BE IT FURTHER RESOLVED that the certain Subdivision Improvement Agreement and
Supplemental Subdivision Improvement Agreement for the project, copies of which are on file in
the office of the City Clerk, are hereby approved.
6-8
T
Resolution
Page 2
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreements for and on behalf of the City ofChula Vista.
Presented by
Approved as to form by
Leah Browder
Acting Direct of Engineering
~cu2~ )
ore
~i y'Attorney
(H:\ENGINEERIRESOSlResos2001i\IO-IO-06IReso MD-l & R-19 Map.doc)
li-g
T
THE A TT ACHED 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
0~~
Ann Moore
City Attorney
Dated: t ( I C; lil 6
Subdivision Improvement Agreement between
The City of Chula Vista and Brookfield Shea Otay, LLC
For Otay Ranch Village 11, Neighborhood MU-l and R-19 (CVT 01-11)
6-10
T
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
recei ved.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this" day of ~5\, 2006, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
and BROOKFIELD SHEA OTAY LLC, a California Limited Liability Company, referred to
herein as "Subdivider", "Developer" or "Owner", with reference to the facts set forth below,
which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
OTAY RANCH VILLAGE 11, NEIGHBORHOOD MU-l and R-19 (CVT 01-11) pursuant to
the provisions of the Subdivision Map Act of the State of California, and in compliance with the
provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and
recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the
improvements and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the improvements and/or land development work required in
said subdivision within a definite period oftime prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the improvement work required by City in
-1-
6-11
T
connection with the proposed subdivision and will deliver to City improvement securities as
approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2001-364, approved on the
23rd day of October, 2001 and revised on May 27, 2003 by Resolution 2003-231 ("Tentative
Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said improvement work have been prepared and submitted to the City Engineer as
identified under permit nwnber B06-0ll0 & R-63 01
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the improvement
and/or land development work required to be done in and adjoining said subdivision, including
the improvements described in the above Recitals ("Improvement Work"); and will furnish the
necessary materials therefore, all in strict conformity and in accordance with the plans and
specifications, which docwnents have heretofore been filed in the Office of the City Engineer
and as described in the above Recitals this reference are incorporated herein and made a part
hereof.
2. It is expressly understood and agreed that all monwnents have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said improvements or the portion thereof serving said building or structures approved by the
City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
-2-
6-12
T
5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by 'the City in the sum of TWO
HUNDRED AND THIRTY EIGHT THOUSAND DOLLARS AND 00 CENTS ($238,000.00)
which security shall guarantee the faithful performance of this contract by Subdivider as shown
in Exhibit "A" and which security is attached hereto, and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of ONE
HUNDRED AND NINETEEN THOUSAND DOLLARS AND 00 CENTS ($119,000.00) to
secure the payment of material and labor in connection with the installation of said public
improvements, as shown in Exhibit "A", and which security is attached hereto, and made a part
hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FIFTEEN
THOUSAND DOLLARS AND NO CENTS ($15,000.00) to secure the installation of
monuments, as shown in Exhibit "A" and which security is attached hereto, and made a part
hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
security.
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
-3-
6-13
r
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements
constructed pursuant to this agreement; provided, however, that said acceptance shall not
constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adj acent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the improvements as provided herein. It shall also extend to damages resulting
from diversion of waters, change in the volume of flow, modification of the velocity of the
water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
-4-
6-14
r
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituteCl securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
-5-
6-15
T
[PAGE ONE OF TWO SIGNATURE PAGES TO THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR OT A Y RANCH VILLAGE ELEVEN, NEIGHBORHOOD R-19 AND
MD-l, CHULA VISTA TRACT NO. 01-11]
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor of the City ofChula Vista
ATTEST
City Clerk
Approved as to form by
Ann Moore
City Attorney
-6-
(C:\Documents and SettingsVimK\Local Settings\Temporary Internet Files\OLK6BB\SIA MU-I R-19 Final.doc)
6-16
r
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
[PAGE TWO OF TWO SIGNATURE PAGES TO THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD MU-l
AND R-19, CHULA VISTA TRACT NO. 01-11]
DEVELOPERS/OWNERS:
DEVELOPERS/OWNERS:
BROOKFIELD SHEA OT A Y, LLC, a California Limited Liability Company
By: Brookfield Otay LLC,
a Delaware Limited Liabili Company, Member
By: By: 7!' ~ W #
Nameqz~-"I. ~U#t':)(A) Name: G. ~/~ )/~e.lt ~;'Pi'(,,1.
!-1q S',I~
By: Shea Otay Village 11 LLC, a California Limited Liability Company, member
::~'d P_"hip, :~ifOmi' Limired P =hip, im So!, Momoo,
Name: ~~~ Name: loOD %l<rt~:4iV-4
(Attach Notary Acknowledgment and Company Signature Authority)
-7-
6-17
,
~
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of San Diego
} ss.
State of California
On August 7, 2006
, before me, Michele A. Kittinger, Notary Public,
personally appeared E. Dale Gleed and Ronald D. Grunow,
personally known to me to be the persons
whose names are subscribed to the
within instrument and acknowledged to
me that they executed the same in their
authorized capacity, and that by their
signatures on the instrument the persons,
or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
~@' MICHELE A. KITTINGER L
] .-" ~ . Commission # 1438009 [,
~ :~ Notary Public. California ~
'1 ~~ San Diego County r
1 " My Comm. Expires Oct 4. 2007P
,
Place Notary Seal Above
G1Y}rhl~U~~/-
Signature of Notary Public 0
-
r
CALIFORNIA AlL.PURPOSE ACKNOWLEDGMENT
~..(~~w,~~~,~.@~,.~~~':@..~,:_~~ ~
State of California
} 55.
County of ,C;;rL'i'l D', p 0 ()
On Auo(J,~ L.j 200"',
V Date I
personally appeared
j.)b\ ; c...
r
~OnallY known to me
- - - - - - - - - - - - ~
SARAH J. BECKMAN
~fii. Commission # 1591862
~ ... Notary Public. ColWornlo I
~. Son Diego county l
... _ _ ~ :o:'m~ Ex~r: J~ 1:. 2~
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by hislherltheir
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer -1itle(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer -1ille(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~,"",,_!lf~ _ _ ~""'" ~"",,!:...: Gyt>'E'<., ~~~.=-v~' - ----- ~:=<.
C 2004 National Notary Association' 9350 De Solo Ave., P.O. Box 2402 a Chatsworth, CA 91313.2402 Item No. 5907 Reorder: Call Toll-Free 1.800..a76.6827
6-19
T
EXHIBIT "A"
LIST OF SECURITIES
CV WO No. Description Bond $ Bonding Company Bond
IDrawin" #) Name number
$238,000
1 06004 Site Improvements (Sewer) Faithful Performance Arch Insurance SU5020571
$119,000 Company
Material & Labor
2 Per Map Monumentation $15,000 Arch Insurance SUS020877
Company
3
4
-8-
(C:\Documents and Settings\JimK\Local Settings\Temporary Internet Files\OLK6BB\SIA MU-l R-19 Final.doc)
6-20
r
SSIA R-19/MU-l
08/14/2006
+
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Above Space for Recorder's Use
OR-630F
SUPPLEl\1ENTAL SUBDIVISION IMPROVEl\1ENT AGREEl\1ENT
FOR OTA Y RANCH VILLAGE ELEVEN,
CHULA VISTA TRACT NO. 01-11
R-19/MU-I - B MAP
(Conditions I-S, 8,11-17,27, 3S-37, 4S, 48-S1, S6, 60, 69, 76, 78, 89, 91-94, 96,109,114,116,
118,121-122,124,137,139, 144-lS1, IS8, 172-177, 179-181, 183-184, 189-190, 193-200,202-
203 of Resolution 2001-364)
Tills Supplemental Subdivision Improvement Agreement ("Agreement") is made this
day of , 2006, by and between THE CITY OF CHULA VISTA, California
("City") and the signatories to this Agreement, BROOKFIELD SHEA OTAY LLC, a California
Limited Liability Company ("Developer" or "Owner"), with reference to the facts set forth below,
which recitals constitute a part of this Agreement:
RECITALS
A. Tills Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Fxhih;t "A" attached hereto and incorporated herein by
this reference ("Property"). The Property is Phase III of approved Tentative Subdivision Map Chula
Vista Tract 01-11 Otay Ranch Village Eleven, commonly known as Windingwalk. For purposes of
this Agreement the term "Project" shall also mean "Property".
B. "Owner" or "Developer" means the person, persons or entity having a legal or an
equitable interest in the property or parts thereof and includes Owner's successors-in-interest and
assigns of any property within the boundaries of the Property.
C. Developer and/or Developer's predecessor in interest has applied for and the City
has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 01-11
("Tentative Subdivision Map" or "Tentative Map") for the subdivision of the Property.
D. The City has adopted Resolution No. 2001-364 ("Resolution") pursuant to which it
has approved the Tentative Subdivision Map subject to certain Conditions of Approval
("Conditions") as more particularly described in the Resolution.
1
6-21
.,
SSlA R-19/MU-l
08/14/2006
E. Developer has requested the approval of a Final "B" Map for the Project ("Final
Map"). Certain Conditions of the Tentative Subdivision Map require Developer to enter into an
agreement with the City prior to approval of the Final Map for the Project.
F. City is willing, on the premise, security, terms and conditions herein contained to
approve the Final Map for which Developer has applied and Developer has agreed to the terms and
conditions set forth herein.
G. All the terms of the Supplemental Subdivision Improvement Agreement for Otay
Ranch Village 11, "A" Map No. Ladopted by Resolution 2003-075, the Supplemental Subdivision
Improvement Agreement for Otay Ranch Village Eleven "A" Map No.2, approved by Resolution
2004-107, and the Supplemental Subdivision Improvement Agreement for Otay Ranch Village
Eleven "A" Map No.3, approved by Resolution 2005-401 remain in full force and effect.
H. The following defined terms shall have the meaning set forth herein, unless
otherwise specifically indicated:
a. "Complete Construction" shall mean that the construction of the
improvements have been completed and have been inspected and accepted by the City.
b. "Guest Builder" means those entities obtaining any interest in the Property or
a portion of the Property, after the Final Map has been recorded.
c. "SPA Plan" means the Otay Ranch Village Eleven Sectional Planning Area
Plan as adopted by the City Council on October 17, 2001 pursuant to Resolution No. 2001-
363.
d. "PFFP" means the Otay Ranch Village Eleven Public Facilities Financing
Plan adopted by Resolution No. 2001-363, and as may be further amended from time to
time.
e. "FSEIR 01-02" means Final Subsequent Environmental Impact Report and
its attendant Addendum for the Otay Ranch General Development Plan
AmendmentsNillage Eleven Sectional Area Plan and Conceptual Tentative Map.
f. "Improvements " means all the onsite and offsite improvements required to
serve the lots created by the Final Map, in accordance with improvement plans to be
approved by the City. Said improvements shall include, but not limited to, asphalt concrete
pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed and potable water
utilities, drainage facilities, street lights, signage, landscaping, irrigation, fencing and fue
hydrants.
26-22
T
SSIA R-19/MU-l
08/14/2006
NOW, TIffiREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding
upon and inure to the benefit of the successors, assigns and interests of the parties as to any
or all of the Property as described on Fxnihit "A" until released by the mutual consent of the
parties.
b. Agreement Runs with the Land. The burden of the covenants contained in
this Agreement ("Burden") is for the benefit of the Property and the City, its successors and
assigns and any successor in interest thereto. City is deemed the beneficiary of such
covenants for and in its own right and for the purposes of protecting the interest of the
community and other parties public or private, in whose favor and for whose benefit of such
covenants running with the land have been provided without regard to whether City has
been, remained or are owners of any particular land or interest therein. If such covenants
are breached, the City shall have the right to exercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper proceedings to enforce the curing of
such breach to which it or any other beneficiaries of this agreement and the covenants may
be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns
any portion of the Project to a Guest Builder, Developer may request to be released from
Developer's obligations under this Agreement, that are expressly assumed by the Guest
Builder, provided Developer obtains the prior written consent of the City to such release.
Such assignment to the Guest Builder shall, however, be subject to this Agreement and the
Burden of this Agreement shall remain a covenant running with the land. The City shall not
withhold its consent to any such request for a release so long as the assignee acknowledges
that the Burden of the Agreement runs with the land, assumes the obligations of the
Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability
to perform its obligations under this Agreement as it relates to the portion of the Proj ect
which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any
portion of the Project subject to the Burden of this Agreement, upon request by the
Developer or its assignee, the City shall release the assignee of the Burden of this
Agreement as to such assigned portion if such portion has complied with the requirements
of this Agreement to the satisfaction of the City and such partial release will not, in the
opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be
completed.
e. Release of Individual Lots. Upon the occurrence of any of the following
events, Developer shall, upon receipt of the prior written consent of the City Manager (or
Manager's designee), have the right to release any lot(s) from Developer's obligation under
this Agreement:
3
6-23
r
SSIA R-19/MU-I
08/14/2006
i. The execution of a purchase agreement for the sale of a residential
lot to a buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association;
111. The conveyance of a school site as identified in the SPA Plan to a
school district;
The City shall not withhold its consent to such release so long as the City finds in good faith that
such release will not jeopardize the City's assurance that the obligations set forth in this Agreement
will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall
execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or
Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this
Agreement.
Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or
parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the
encumbrance hereof.
2. Condition No.1 - (Agreement to all terms, covenants and conditions). In
satisfaction of Condition No. 1 of the Resolution, Developer agrees to all of the terms, covenants
and conditions contained herein; Developer further agrees that said terms, covenants and
conditions shall be binding upon and inure to the benefit of the heirs, successors, assigns and
representatives of the Developer as to any or all of the Property.
3. Condition No.2 - (Requirements and guidelines). In satisfaction of Condition
No.2 of the Resolution, Developer agrees to comply with all requirements and guidelines of the
City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista
Landscape Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch
Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay
Ranch Overall Design Plan; FSElR # 01-02; Otay Ranch Village Eleven Sectional Planning Area
(SPA) Plan and supporting documents including: Village Eleven Public Facilities Finance Plan;
Village Eleven Parks, Recreation, Open Space and Trails Plan; Village Eleven SPA Affordable
Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time,
unless specifically modified by the appropriate department head, with the approval of the City
Manager. These plans may be subject to minor modifications by the appropriate department head,
with the approval of the City Manager, however, any material modifications shall be subject to
approval by the City CounciL
4. Condition No.3 - (City's Right to Revoke or Modify Approvals). In satisfaction
of Condition No.3 of the Resolution, if any of the terms, covenants or conditions contained herein
shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any
of such conditions fail to be so implemented and maintained according to their terms, the City shall
have the right to revoke or modify all approvals herein granted including issuance of building
permits, deny, or further condition the subsequent approvals that are derived from the approvals
herein granted, institute and prosecute litigation to compel their compliance with said conditions or
seek damages for their violation. The Developer shall be notified 10 days in advance prior to any of
'5-24
r
SSIA R-19/MU-1
08/14/2006
the above actions being taken by the City and shall be given the opportunity to remedy any
deficiencies identified by the City.
5. Condition No.4 - (Hold City Harmless). In satisfaction of Condition No.4 of
the Resolution, Developer agrees to indemnify, protect, defend and hold the City harmless from and
against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to
the Environmental Impact Report and subsequent environmental teview for the Project and any or
all entitlements and approvals issued by the City in connection with the Project.
6. Condition No.5 - (Comply with SPA Conditions). In satisfaction of Condition
No.5 of the Resolution, the Developer agrees to comply with all applicable Village Eleven SPA
conditions of approval, (pCM 99-15) as may be amended from time to time. Developer further
agrees as follows:
a. To implement the fmal Otay Ranch Village Eleven Air Quality
Improvement Plan (AQIP) approved measures and include the measures as part of the
Project. The Developer further:
1. Agrees to comply and remain in compliance with the AQIP;
ii. Waives any claim that adoption of the final AQIP constitutes an
improper subsequent imposition of the condition;
iii. Acknowledges that the City Council may, from time-to-time,
modify air quality improvement and energy conservation measures related to new
development as various technologies and/or programs change or become
available; and
iv. Agrees prior to or concurrent with each Final Map for the Project
to modify the AQIP to incorporate those new measures, which are in effect at the
time. Developer further acknowledges that the new measures shall apply, as
applicable, to development within all future final map areas, but shall not be
retroactive to those areas which receive final map approval prior to effect of the
subject new measures.
b. To implement the fmal Otay Ranch Village Eleven Water Conservation
Plan (WCP) approved measures and include the measures as part of the Project. The
Developer further:
1. Agrees to comply and remain in compliance with the WCP;
ii. Waives any claim that the adoption of a fmal WCP constitutes an
improper subsequent imposition of the condition;
iii. Acknowledges that the City Council may, from time-to-time,
modify water conservation measures related to new development as various
technologies and/or programs change or become available; and
iv. Agrees prior to or concurrent with each fmal map for the Project to
modify the WCP to incorporate those new measures, which are in effect at the
time. Developer further acknowledges that the new measures shall apply to
development within all future final map areas, but shall not be retroactive to those
areas which received final map approval prior to effect of the subject measures.
5
6-25
T
SSIA R-19/MU-1
08/14/2006
7 . Condition No. 8 - (Agreements). In satisfaction of Condition No. 8 of the
Resolution, the Developer agrees to the terms, conditions and time limits associated with this
tentative map which shall be consistent with the Land Offer Agreement approved by Resolution
No. 2000-116 by the City Council on April 11 , 2000 ("Land Offer Agreement") and as amended
on August 7, 2001. The Developer and City of Chula Vista hereby agree to comply with the
provisions of the Land Offer Agreement and all Amendments thereto, and to remain in
compliance with the entire Land Offer Agreement and Amendments for the life of the
Agreement. Prior to the first Final Map for the Project, Applicant shall convey all land in a
manner consistent with and in accordance with the Land Offer Agreement.
8. Condition No. 11 - (Conveyance Agreement). In satisfaction of Condition No.
11 of the Resolution, Developer hereby agrees to comply with the terms of the Conveyance
Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City
Council on October 22, 1996 ("Conveyance Agreement").
9. Condition No. 12 - (Olympic Parkway Agreement). In satisfaction of
Condition No. 12 of the Resolution, Developer hereby agrees that if any of these conditions
conflict with the Olympic Parkway Financing and Construction Agreement approved by Council
Resolution 19410, the Olympic Parkway Financing and Construction Agreement shall control.
10. Condition No. 13 - (Environmental). In satisfaction of Condition No. 13 of the
Resolution, Developer hereby agrees, to implement, to the satisfaction of the Director of
Planning and Building, all environmental impact mitigation measures identified in Final EIR 01-
02 (SCH#2001 031120), the candidate CEQA Findings and Mitigation Monitoring and Reporting
Program (Final EIR 01-02) for this Project.
11. Condition No. 14 - (Other Agencies). In satisfaction of Condition No. 14 of the
Resolution, Developer hereby agrees to comply with all applicable requirements of the California
Department of Fish and Game, the California State Water Resources Quality Control Board, the
U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Prior to any activity that
may potentially impact biological resources, such as clearing and grubbing, the Developer agrees
to comply with all applicable requirements prescribed in the Otay Ranch GDPNillage Eleven
Environmental Impact Report EIR 01-02 (SCH#2001031120), and Mitigation Monitoring and
Reporting Program.
12. Condition No. 15 - (U.S. Fish and WildlifelFish and Game). In satisfaction of
Condition No. 15 of the Resolution, Developer hereby agrees, to comply with the Project's take
permit/authorization from the U.S. Fish and Wildlife Service and California Department of Fish
and Game, and comply with the City of Chula Vista Multiple Species Conservation Program
(MSCP) Subarea Plan.
13. Condition No. 16 - (RMP). In satisfaction of Condition No. 16 of the
Resolution, Developer hereby agrees that prior to the approval of each Final "B" Map Developer
shall comply with all requirements and policies of the Otay Ranch Resource Management Plan
(RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource
66-26
T
SSIA R-19/MU-l
08/14/2006
Management Plan (RMP2) as approved by City Council on June 4, 1996, and as may be amended
from time to time by the City.
14. Condition No. 17 - (preserve Conveyance Schedule). In satisfaction of
Condition No. 17 of the Resolution, Developer hereby agrees to comply with the requirements
and policies of the Otay Ranch Resource Management Plan "Preserve Conveyance Schedule" as
approved by City Council on June 4, 1996, as may be amended fr.om time to time.
15. Condition No. 27 - (Multi-Family). In satisfaction of Condition No. 27 of the
Resolution, Developer agrees that the subsequent development of a multi-family lot which does
not require the filing of a Final "B" Map shall meet, prior to issuance of a building permit for that
lot, all the applicable conditions of approval of the tentative map, as determined by the City
Engineer.
16. Conditions No. 35 - (PFFP). In satisfaction of Condition No. 35 of the
Resolution, Developer agrees to install public facilities in accordance with the Otay Ranch
Village Eleven SPA, Public Facilities Finance Plan (PFFP) as may be amended from time to time
or as required by the City Engineer to meet threshold standards adopted by the City of Chula
Vista. Developer acknowledge that the City Engineer and Director of Planning and Building
may, at their discretion, modify the sequence, schedule, aligrtment and design of improvement
construction should conditions change to warrant such a revision.
17. Conditions No. 36 - (public Improvements). In satisfaction of Condition No.
36 of the Resolution, Developer agrees to dedicate for public use all the public streets shown on
the tentative map within the subdivision boundary. Developer has provided security satisfactory,
as shown in Exhibit B, to the City Engineer and City Attorney and agrees to construct all street
improvements as required by the PFFP. Developer further agrees to secure and construct the
Traffic Signal at the MU-1 entrance on Eastlake Parkway as shown in Exhibit "B".
18. Condition No. 37 - (protective Fencing). In satisfaction of Condition No. 40 of
the Resolution, Developer agrees to construct a protective fencing system around all proposed
permanent detention basins, and the inlets and outlets of storm drain structures, as and when
directed by the City Engineer. The final fencing design and types of construction materials shall
be subject to approval of the City Engineer.
19. Condition No. 45 - (PFDIF). In satisfaction of Condition No. 45 of the
Resolution, Developer agrees to participate in the funding of revisions of the Public Facilities
Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and
requested by the City Manager or his designee and subject to the approval of the City Council
and Developer will receive appropriate credit for such participation.
20. Condition No. 48 - (Fire). In partial satisfaction of Condition No. 48 of the
Resolution, Developer agrees to comply with the Fire Department's codes and policies for Fire
Prevention, as may be amended from time to time. Developer further agrees that prior to the
issuance of any building permit(s) for the Project, or prior to delivery of combustible materials on
7
6-27
,
SSlA R-19/MU-j
08/14/2006
any construction site on the Project, whichever comes first, to provide, to the satisfaction of the
Fire Marshal, the following items:
a. Water supply consisting of fire hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the Fire Department. Any temporary
water supply source is subject to prior approval by the Fire Marshal; and
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt
surface or concrete surface, with a mininJum standard width of 20 feet; and
c. Street signs installed to the satisfaction of the Director of Public Works.
Temporary street signs shall be subject to the approval of the Director of Public Works and
Fire Marshall. Locations and identification oftemporary street signs shall be subject to
review and approval by the Director of Public Works and Fire Marshall.
21 . Condition No. 49 - (Construction Timing). In satisfaction of Condition No. 49
of the Resolution, Developer agrees to obtain the approval of the City's Fire Marshal for the
timing of construction of all internal streets in the Proj ect.
22. Condition No. 50 - (Fire Hydrants). In satisfaction of Condition No. 50 of the
Resolution, Developer agrees that in addition to those fire hydrants depicted on the tentative
map, the Developer shall install additional fire hydrants upon request and to the satisfaction of
the Fire Marshall.
23. Condition No. 51 - (Turnaround). In satisfaction of Condition No. 51 of the
Resolution, Developer agrees to construct a temporary turnaround or street improvements, upon
the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of
temporarily stubbed streets greater than 150 ft. in length (as measured from the nearest street
centerline intersection).
24. Condition Nos. 56b and 179 - (No Protest BRTILRT Assessment Formation).
In partial satisfaction of Condition Nos. 56 and 179 of the Resolution, Developer agrees to not
protest the formation of any future regional benefit assessment district to finance the MTDB San
Diego Trolley BR T or LR T System.
25. Condition No. 60 - (private water in public street). In satisfaction of Condition
No. 60 of the Resolution, Developer agrees to not install privately owned water, reclaimed water,
or other utilities crossing any public street. Developer further acknowledges and agrees that the
installation of sleeves for future construction of privately owned facilities may be allowed subj ect
to the review and approval of the City Engineer if the following is accomplished:
a. The Developer enters into an agreement with the City where the Developer
agrees to the following:
i. Apply for an encroachment permit for installation ofthe private facilities
within the public right-of-way; and,
ii. Maintain membership in an advance notice such as the USA Dig Alert
Service; and,
iii. Mark out any private facilities owned by the Developer whenever work
86-28
.
SSlA R-19/MU-l
08/14/2006
is performed in the area; and,
iv. The terms of this agreement shall be binding upon the successors and
assigns of the Developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets.
26. Condition No. 69 - (LOMR). In satisfaction of Condition No. 69 of the
Resolution, Developer agrees that prior to trarlSfer of responsibility of maintenance of any basins
on the Project and release of the grading bond, to obtain a Letter of Map Revision (LOMR) from
the Federal Emergency Management Agency revising the current National Flood Insurance
Program Maps to reflect the effect of the drainage improvements. Developer acknowledges and
agrees that it shall be the responsibility of the Developer to revise the National Flood Insurance
Program Maps to reflect all modifications and to ensure that no proposed lot will be created in a
flood plain.
27. Condition No. 76 - (pad Elevations). In satisfaction of Condition No. 76 of the
Resolution, Developer agrees that all grading and pad elevations shall be within 2 feet of the
grades and elevations shown on the approved tentative map or as otherwise approved by the City
Engineer and Director of Planning and Building.
28. Condition No. 78 - (NPDES). In satisfaction of Condition No. 78 of the
Resolution, Developer agrees to comply with all applicable regulations established by the United
States Environmental Protection Agency (USEP A) as set forth in the National Pollutant
Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm
water discharge and any regulations adopted by the City of Chula Vista pursuant to the
N.P.D.E.S. regulations or requirements. Developer further agrees to file a Notice of Intent with
the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General
Permit for Storm Water Discharges Associated with Construction Activity and shall implement a
Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading
activities. The S WPPP shall include both construction and post construction pollution
prevention and pollution control measures and shall identify funding mechanisms for post
construction control measures. The Developer further agrees to comply with all the provisions of
the N.P.D.E.S. and the Clean Water Program during and after all phases of the development
process, including but not limited to: mass grading, rough grading, construction of street and
landscaping improvements, and construction of dwelling units. The Developer shall submit a
Water Quality Technical Report prior to obtaining any commercial building permits. The
Developer shall design the Project's storm drains and other drainage facilities to include Best
Management Practices to minimize non-point source pollution, satisfactory to the City Engineer.
The San Diego Regional Water Quality Control Board has issued a Municipal Storm Water
Permit (Order No. 2001-01). The permit includes regulations such as implementation of Standard
Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential
development. The Developer agrees to comply with all relevant City regulations, when they
become effective, including but not limited to incorporation into the design and implementation
of the Project temporary and permanent structural Best Management Practices and non-structural
mitigation measures that would reduce pollution of storm water runoff to the maximum extent
practicable.
9
6-29
r
SSIA R-19/MU-l
08/14/2006
29. Condition No. 89 - (Wall Maintenance). In satisfaction of Condition No. 89 of
the Resolution, Developer agrees to provide a setback, as determined by the City Engineer based,
on Developer's Soils Engineer recommendations, between the property lines of the proposed lots
and the top or toe of any slope to be constructed where the proposed grading adj oins undeveloped
property or property owned by others. The City Engineer will not approve the creation of any lot
that does not meet the required setback.
30. Condition No. 91 - (De-Silting Basins). In satisfaction of Condition No. 91 of
the Resolution, Developer agrees to construct temporary de-silting basins at all discharge points
adj acent to drainage courses or where substantial drainage alteration is proposed in the grading
plan. The exact design and location of such facilities shall be based on hydrological modeling
and determined pursuant to direction by the City Engineer.
31. Condition Nos. 92, 93 & 94 -(Dry weather flows). In partial satisfaction of
Condition Nos. 92, 93 & 94 of the Resolution, Developer agrees to implement the dry weather
study titled "Otay Ranch, Village Eleven Dry Weather Runoff Analysis" dated July 6, 2001, as
amended from time to time, such that:
a. Dry weather flows detention period does not exceed 72 hrs.
b. Dry weather post-developed conditions for Salt Creek shall be the same as
pre-developed conditions.
32. Condition No. 96 - (permitting agencies). In partial satisfaction of Condition
No. 96 of the Resolution, Developer agrees to obtain approval from all applicable permitting
agencies, including but not limited to FEMA, prior to any work within each of the agencies
jurisdiction. Developer further acknowledges and agrees that all mitigation requirements will be
the responsibility of the Developer.
33. Condition No. 109 - (Salt Creek Sewer). In partial satisfaction of Condition
No. 109 of the Resolution, Developer agrees to not seek any building permits for the Project until
the Salt Creek Trunk Sewer Improvements have been provided for as indicated in the report
entitled "Overview of Sewer Service for Village Eleven SPA at the Otay Ranch Project" (Village
Eleven SPA Sewer Report) prepared by Wilson Engineering dated March, 2001, or as amended
by the Applicant and approved by the Director of Engineering. The Village Eleven SPA Sewer
Report shall be consistent with the approved SPA Plan.
34. Condition No. 114 - (parks and Open Space). In partial satisfaction of
Condition No. 114 of the Resolution, Developer agrees that the Village Eleven Project shall
satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance
establishes a requirement that the project provide three (3) acres of local parks and related
improvements per 1,000 residents. Local parks are comprised of community parks and
neighborhood parks. The Project's Neighborhood Park portion of the local park requirement
shall be satisfied through the provision of a 7.0 net-acre Neighborhood Park (P-1). The remaining
requirement shall be satisfied in a future Community Park through the payment of fees,
dedication of land, or a combination thereof in a manner acceptable to the Director of Parks and
Recreation.
1%-30
r
SSIA R-19/MU-l
08/14/2006
35. Condition No. 116 - (pAD Fees). In satisfaction of Condition No. 116 of the
Resolution, Developer has paid all applicable Parkland Acquisition and Development fees in
affect at time of City Council approval to the City in accordance with C.V.M.C Chapter 17.10
prior to approval of each Final "B" Map.
36. Condition No. 118 - (park Site). In partial satisfaction of condition No. 118 of
the resolution the Developer has co=enced construction of the project's Neighborhood Park P-
I. The Developer shall complete construction of the park by September 22, 2006. The term
complete construction shall mean that the park construction has been completed according to the
City approved construction plans and accepted by the Director of General Services. The
maintenance/establishment period, while still the Developer's responsibility, is not part of the
work the Developer is required to do in order to achieve complete construction.
The Developer further agrees that at any time the Director of General Services may, at his sole
discretion, modify the neighborhood development phasing and construction sequence for the
Project's park should conditions change to warrant such revision.
37. Condition No. 121 - (parks). In satisfaction of Condition No. 121 of the
Resolution, Developer agrees that at no time shall there be a deficit in "constructed neighborhood
parks". Developer further agrees that the City may withhold the issuance of building permits for
the Project, should such deficit occur. For purposes of this paragraph the term "constructed
neighborhood park" shall mean the construction of the park has been completed and accepted by
the City as being in compliance with the Park Master Plan, but prior to the City's required
mandatory maintenance period. This is not intended to supersede any of the City's maintenance
guarantee requirements.
38. Condition No. 122 - (parks). In satisfaction of Condition No. 122 of the
Resolution, Developer agrees that all local parks shall be designed and constructed consistent
with the provisions of the Chula Vista Landscape Manual and related Planning and Building
Department specifications and policies.
39. Condition No. 124 - (Town Square P-4). In partial satisfaction of Condition
No. 124 of the Resolution, the Developer agrees to secure the construction of the Town Square
Park as shown in Exhibit "B" and construct the Town Square Park by December 31, 2006, or to
the satisfaction of the Director of Planning and Building and the Director of General Services.
40. Condition No. 137 - (Regional Trails). In satisfaction of Condition No. 137 of
the Resolution, Developer shall obtain the approval of the Director of Parks and Recreation for
appropriate signage indicating location of trail connections, handicap access, and bikeway
locations to the Regional Trail, Village Greenway, and Chula Vista Greenbelt. Said signage shall
be included on the Landscape and Irrigation Improvement Plan. Signage shall be installed upon
the request of the Director of General Services and Director of Planning and Building.
41. Condition No. 139 - (Accessibility Guidelines). In satisfaction of Condition No.
139 of the Resolution, Developer agrees to comply with the current Regulatory Negotiation
11
6-31
T
SSIA R-19/MU-1
08/14/2006
Committee Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final
Report, as may be amended from time to time, developed for: U.S. Architectural and
Transportation Barriers Compliance Board when designing all trails and trail connections.
42. Condition No. 144 - (CC&R's). In satisfaction of Condition No. 144 of the
Resolution, Developer agrees that prior to the approval of any future Map or commercial
building permit, Declaration or Supplementary Declaration of Covenants, Conditions, and
Restrictions (CC&R's) shall be submitted and be subject to the approval of the City Engineer.
The CC&R's shall include the following obligations of the Master Homeowners Association:
a. A requirement that the MHOA shall maintain comprehensive general liability
insurance against liability incident to ownership or use of the following areas:
i. All open space lots that shall remain private,
ii. Other Master Association property.
b. The City shall review and may approve any revisions to provisions of the CC&R's
that affect the City before they can become effective. The MHOA shall not seek approval
from the City of said revisions without the prior consent of 100 percent of the holders of
first mortgages or property owners within the MHOA.
c. The MHOA shall indemnify and hold the City harmless from any claims, demands,
causes of action liability or loss related to or arising from the maintenance activities of the
MHOA.
d. The MHOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent of the City and 100 percent of the
holders of fIrst mortgages or property owners within the MHOA.
e. The MHOA is required to procure and maintain a policy of comprehensive general
liability insurance written on a per occurrence basis in an amount not less than one million
dollars combined single limit. The policy shall be acceptable to the City and name the City
as additionally insured to the satisfaction of the City Attorney.
f. The CC&R's shall incorporate restrictions for each lot adjoining open space lots
containing walls maintained by the Open Space District to ensure that the property owners
know that the walls may not be modifIed or supplemented nor may they encroach on City
property.
g. The CC&R's shall include provisions assuring maintenance of all streets, driveways,
drainage and sewage systems which are private.
h. The CC&R's shall include provisions assuring MHOA membership in an advance
notice such as the USA Dig Alert Service in perpetuity.
11i-32
~
SSIA R-19/MU-1
08/14/2006
i. The CC&R's shall include provisions that provide the City has the right but not the
obligation to enforce the CC&R provisions the same as any owner in the project.
1. The l\1HOA shall not dedicate or convey for public streets, land used for private
streets without approval of 100% of all the HOA members or holder of first mortgages
within the MHOA.
k. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall
also include language which states that any proposal by the HOA to allow "speed bumps"
in the future shall require prior written approval of 100% of all the Homeowners
Association members.
43. Condition No. 145 - (Homeowner Notification of MHO A Responsibilities). In
satisfaction of Condition No. 145 of the Resolution, Developer agrees that future property
owners shall be notified during escrow, by a document to be initialed by the owners, of the
maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall
submit the document and obtain the approval of the City Engineer and Director of Planning and
Building prior to distribution through escrow.
44. Condition No. 146 - (HOA Responsibilities). In satisfaction of Condition No.
146 of the Resolution, Developer agrees that an HOA shall be responsible for the maintenance
and operation of all facilities within the common areas and streets behind any gated entrances.
The facilities to be maintained include, but are not limited to: pavements, sidewalks, street trees,
street lights including power supply, street sweeping, private drainage facilities and landscaping
of private common areas.
45. Condition No. 147 - (HOA Responsibilities). In satisfaction of Condition No.
147 of the Resolution, Developer agrees to grade a level, clear area at least three feet wide (face
of wall to top of slope), along the length of any wall abutting an open space district lot, as
measured from face-of-wall to beginning of slope. Said area shall be as approved by the City
Engineer and the Director of Planning and Building.
46. Condition No. 148 - (Open Space Lot Walls). In satisfaction of Condition No.
148 of the Resolution, Developer agrees that prior to close of escrow all buyers of lots adjoining
open space lots containing walls maintained by the Open Space District sign a statement, when
purchasing their homes, stipulating that they are aware that the walls are on City property and
that they shall not modify or supplement the wall or encroach onto City property. These
restrictions shall also be incorporated in the CC&R's for all lots.
47. Condition No. 149 - (Open Space Lots). In satisfaction of Condition No. 149 of
the Resolution, Developer agrees that prior to approval of each Final Map, provide proof to the
satisfaction of the City Engineer and Director of General Services that all improvements located
on open space lots will be incorporated into and maintained by a Home Owner's Association or
an Open Space District.
13
6-33
,
SSIA R-19/MU-l
08/14/2006
48. Condition No. 150 - (Maintenance District). In satisfaction of Condition No.
150 of the Resolution, Developer agrees to not protest formation or inclusion in a maintenance
district or zone for the maintenance of landscaped medians and scenic corridors along streets
within or adjacent to the Project.
49. Condition No. 151 - (Landscape Funding Mechanism). In satisfaction of
Condition No. 151 of the Resolution, Developer agrees that prior to issuance of any grading
permit which includes Landscaping and Irrigation (1&I) improvements to be installed in an open
space lot to be maintained by the Community Facility District (CFD), the Developer shall place a
cash deposit, or other funding mechanism acceptable to the City, in the City's sole discretion,
with the City which will guarantee the maintenance of the L&1 improvements until the City
accepts said improvements. Developer further acknowledges and agrees that in the event the
improvements are not maintained to City standards as determined by the City Engineer and the
Director of Building and Park Construction, the deposit shall be used to perform the
maintenance. Developer further agrees that the amount of the deposit shall be equivalent to the
estimated cost of maintaining the open space lots to City standards for a period of six months,
("Minimum Deposit Amount"), as determined by the City Engineer. Developer further agrees
that any unused portion of said deposit may be incorporated into the CFD's Reserve Account, or
returned to the Developer, according to the following:
a. If, six months prior to the scheduled date of acceptance of Landscape and
Irrigation improvements for maintenance by the CFD, the Reserve Account is less than the
Minimum Deposit Amount, the difference between these two amounts shall be incorporated
into the Reserve Account, or;
b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused
portion of the deposit may be returned to the Developer in 6 equal monthly increments over
the last six months of the maintenance period if the maintenance is being accomplished to
the satisfaction of the Director of Building and Park Construction.
50. Condition No. 158 - (Grant Easements). In satisfaction of Condition No. 158,
the Developer agrees to design Landscape and Irrigation Plans such that street tree placement is
not in conflict with the sight visibility of any traffic signage. The Developer shall be responsible
for the removal of any obstructions within the sight visibility of said traffic signs to the
satisfaction of the City Engineer.
51. Condition No. 172 - (Withhold Permits per PFFP). In satisfaction of
Condition No. 172 of the Resolution, Developer agrees:
a. That the City may withhold building permits for the subject subdivision if anyone
of the following occur:
i. Regional development threshold limits set by the Chula Vista
Transportation Phasing Plan, as amended from time to time, have been reached or in
order to have the Project comply with the Growth Management Program, as may be
It-34
T
SSIAR-19/MU-l
08/14/2006
amended from time to time.
ii. Traffic volumes, levels of service, public utilities and/or services either
exceed the adopted City threshold standards or fail to comply with the then effective
Growth Management Ordinance, and Growth Management Program and any
amendments thereto. Public utilities shall include, but not be limited to, air quality,
drainage, sewer and water.
iii. The required public facilities, as identified in the PFFP or as amended or
otherwise conditioned have not been completed or constructed to the satisfaction of
the City. The Developer may propose changes in the timing and sequencing of
development and the construction of improvements affected. In such case, the PFFP
may be amended as approved by the City's Director of Planning and Building and
the Public Works Director. The Developer agrees that the City may withhold
building permits for any of the phases of development identified in the Public
Facilities Financing Plan (PFFP) for Otay Ranch Village Eleven SPA if the required
public facilities, as identified in the PFFP or as amended by the Annual Monitoring
Program have not been completed.
b. To defend, indemnifY and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any approval by the City, including approval
by its Planning Commission, City Council or any approval by its agents, officers, or
employees with regard to this subdivision pursuant to Gove=ent Code Section 66499.37
provided the City promptly notifies the Developer of any claim, action or proceeding and on
the further condition that the City fully cooperates in the defense.
c. To ensure that all franchised cable television companies ("Cable Company") are
permitted equal opportunity to place conduit and provide cable television service to each lot
within the subdivision. Developer agrees that the City of Chula Vista may grant access to
cable companies franchised by the City of Chula Vista to place conduit within the City's
easement situated within the Project. Developer shall restrict access to the conduit to only
those franchised cable television companies who are, and remain in compliance with, all
other rules, regulations, ordinances and procedures regulating and affecting the operation of
cable television companies as same may have been, or may from time to time be issued by
the City of Chula Vista.
d. That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the terms of the
Tentative Map Conditions or any Supplemental Agreement. The City shall provide the
Developer of notice of such determination and allow the Developer reasonable time to cure
said breach.
e. To hold the City harmless from any liability for erosion, siltation or increase flow
of drainage resulting from this Project.
15
6-35
T
SSIA R-19/MU-l 08/14/2006
52. Condition No. 173 - (previous Agreements). In satisfaction of Condition No.
173 of the Resolution, Developer agrees to:
a. Participate, on a fair share basis, in any deficiency plan or fmancial program
adopted by SANDAG to comply with the Congestion Management Program (CMF).
b. To not protest the formation of any future regional impact fee program or
facilities.
53. Condition No. 174 - (previous Agreements). In satisfaction of Condition No.
174 of the Resolution, Developer agrees to comply with all previous agreements as they pertain
to the Tentative Map.
54. Condition No. 175 - (Street Sweeping). In partial satisfaction of Condition No.
175 of the Resolution, Developer agrees to cause street sweeping to commence immediately after
the final residence, in each phase, is occupied and shall continue sweeping until such time that
the City has accepted the street or 60 days after the completion of all punch list items, whichever
is shorter. The Developer further agrees to provide the City Special Operations Manager with a
copy of the memo requesting street sweeping service, which memo shall include a map of areas
to be swept and the date the sweeping will begin.
55. Condition No. 176 - (Regional Impact Fees). In satisfaction of Condition No.
176 of the Resolution, Developer is required to equitably participate in any future regional
impact fee program for regional facilities should the region enact such a fee program to assist in
the construction of such facilities. The Developer agrees not protest the formation of any future
regional benefit assessment district formed to finance regional facilities.
56. Condition No. 177 - (Regional Impact Fees). In satisfaction of Condition No.
177 of the Resolution, Developer agrees to fund the cost of transit facilities. Said facilities,
including but not limited to "transit stops" shall be designed in the marmer consistent with the
transit stop details as described in the Village Eleven Design Plan, as approved by the City's
Transit Coordinator and Director of Planning and Building
57. Condition No. 180 - (Open Space Lots). In satisfaction of Condition No.180 of
the Resolution, Developer agrees to construct and secure open space landscape improvements
within the Final Map area as set forth on Exhibit "B".
58. Condition No. 181 - (Junior/High School Site). In partial satisfaction of
Condition No. 181 the Developer agrees to further subdivide parcel S-2 to provide the
Sweetwater Union High School District with a 25-net usable acre graded parcel for the
High/Middle School and the City with the open space lots as shown on the Tentative Map.
59. Condition No. 183 - (PFFP). In satisfaction of Condition No. 183 of the
Resolution, Developer agrees to install all public facilities in accordance with the Village Eleven
Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold
standards adopted by the City. Developer acknowledges and agrees that the City Engineer may
1~-36
T
SSIA R-19iMU-I
08/14/2006
modify the sequence of improvement construction should conditions change to warrant such a
revision. The Developer further agrees to comply with Chapter 19.09 of the Chula Vista
Municipal Code (Growth Management Ordinance) as may be amended from time to time by the
City. Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public
Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.100).
60. Condition No. 184 - (Interim facilities). In satisfaction of Condition No. 184 of
the Resolution, Developer agrees that the maintenance and demolition of all interim facilities
(public facilities, utilities and improvements) is the Developer's responsibility, and that
construction and demolition bonds will be required to the satisfaction of the City Engineer.
61. Condition No. 189 - (Annual review). In satisfaction of Condition No. 189 of
the Resolution, Developer agrees that pursuant to the provisions of the Growth Management
Ordinance (Section 19.09 of the CYMC) and the Otay Ranch General Development Plan (GDP),
and as they may be amended from time to time, the Developer shall complete the following: (1)
Fund the preparation of an annual report monitoring the development of the community of Otay
Ranch. The annual monitoring report will analyze the supply of, and demand for, public
facilities and services governed by the threshold standards. An annual review shall commence
following the first fiscal year in which residential occupancy occurs and is to be completed
during the second quarter of the following fiscal year. The annual report shall adhere to those
guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year
development phasing forecast identifying targeted submittal dates for future discretionary
applications (SPA's and tentative maps), Projected construction dates, corresponding public
facility needs per the adopted threshold standards, and identifying fmancing options for necessary
facilities.
62. Condition No. 190 - (project Manager). In satisfaction of Condition No. 190 of
the Resolution, the owners of each Village shall be responsible for retaining a project manager to
coordinate the processing of discretionary permit applications originating from the private sector
and submitted to the City of ChuJa Vista. The project manager shall establish a formal submittal
package required of each developer to ensure a high standard of design and to ensure consistency
with standards and policies identified in the adopted SPA Plan. The project manager shall have a
well-rounded educational background and experience, including but not limited to land use
planning and architecture.
63. Condition No. 193 - (phasing Plan). In satisfaction of Condition No. 193 of the
Resolution, Developer agrees that any proposals to modify the Village Eleven SPA approved
phasing plan, shall be submitted to the Director of Planning and Building for review and
approval prior to approval of the first Final "B" Map. The Developer further acknowledges and
agrees that the PFFP shall be revised where necessary to reflect the revised phasing plan.
64. Condition No. 194 - (phasing Plan). In satisfaction of Condition No. 194 of the
Resolution, Developer agrees that the phasing approved with the Village Eleven SPA Plan may
be amended subject to approval by the Director of Planning and Building and the City Engineer.
17
6-37
SSIA R-19/MU-l
08/14/2006
65. Condition No. 195 - (phasing Plan). In satisfaction of Condition No. 195 of the
Resolution, Developer agrees that if phasing is proposed within an individual map or through
multiple Final Maps, the Developer shall submit and obtain approval for a development phasing
plan by the City Engineer and Director of Planning and Building prior to approval of any Final
Map. Developer further acknowledges and agrees that improvements, facilities and dedications
to be provided with each phase or unit of development shall be as determined by the City
Engineer and Director of Planning and Building. Developer acknowledges that the City reserves
the right to require said improvements, facilities and/or dedications as necessary to provide
adequate circulation and to meet the requirements of Police and Fire Departments, and that the
City Engineer and Director of Planning and Building may, at their discretion, modify the
sequence of improvement construction should conditions change to warrant such a revision. The
Developer further agrees that the City Engineer may change the timing of construction of the
public facilities.
66. Condition No. 196 - (phasing Plan). In satisfaction of Condition No. 196 of the
Resolution, Developer agrees that the Public Facility Finance Plan or revisions thereto shall be
adhered to for the Village Eleven SPA and tentative map with improvements installed in
accordance with said plan or as required, to meet threshold standards adopted by the City of
Chula Vista. Developer acknowledges that the PFPP identifies a facility phasing plan based
upon a set of assumptions concerning the location and rate of development within and outside of
the Project area; that throughout the build-out of Village Eleven SPA, actual development may
differ from the assumptions contained in the PFPP; and that neither the PFPP nor any other
Village Eleven SPA Plan document grant the Developer an entitlement to develop as assumed in
the PFPP, or limit the Village Eleven SPA's facility improvement requirements to those
identified in the PFFP. Developer acknowledges that compliance with the City of Chula Vista
threshold standards, based on actual development patterns and updated forecasts in reliance on
changing entitlements and market conditions, shall govern Village Eleven SPA development
patterns and the facility improvement requirements to serve such development. In addition,
Developer acknowledges and agrees that the sequence in which improvements are constructed
shall correspond to any future Chula Vista Transportation Phasing Plan or amendment to the
Growth Management Program and Ordinance adopted by the City and that the City Engineer may
modify the sequence of improvement construction should conditions change to warrant such a
reVISIOn.
67. Condition No. 197 - (phasing Plan). In satisfaction of Condition No. 197 of the
Resolution, Developer agrees that prior to approval of any Final Map proposing the creation of
Multi-family housing for the Project including Planning Areas R-17, R-18, R-19, R-23, R-24, R-
25 or MD-I as a condominium Project, co=unity apartment Project, or stock cooperative, as
defined in the applicable sections of the Government Code, Developer agrees to process a
subsequent tentative map for said proposed condominium, co=unity apartment, or stock
cooperative Project in said Planning Area pursuant to Section 66426 of the Subdivision Map Act.
68. Condition No. 198 - (Code Requirements). In satisfaction of Condition No. 198
of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista
Municipal Code. Developer acknowledges and agrees that preparation of the Final Map and all
plans shall be in accordance with the provisions of the Subdivision Map Act and the City of
116-38
T
SSIA R-191MU-l
08/14/2006
Chula Vista Subdivision Ordinance and Subdivision Manual. Developer further agrees to
underground all utilities within the subdivision in accordance with Municipal Code requirements.
69. Condition No. 199 - (Code Requirements). In satisfaction of Condition No. 199
of the Resolution, Developer agrees to pay the following fees in accordance with the City Code
and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
c. Signal Participation Fees.
d. All applicable sewer fees, including but not limited to sewer connection fees.
e. Salt Creek Sewer Basin DlF.
f. The Pedestrian Bridge DlF.
g. The FlND Model reserve Fund Fee.
70. Condition No. 200 - (Code Requirements). In partial satisfaction of Condition
No. 200 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local
regulations, including the Clean Water Act. The Developer agrees to be responsible for
providing all required testing and documentation to demonstrate said compliance as required by
the City Engineer.
71. Condition No. 202 - (Code Requirements). In partial satisfaction of Condition
No. 202 of the Resolution, Developer agrees to comply with Council Policy No. 522-02
regarding maintenance of natural channels within open spaces.
72. Condition No. 203 - (Code Requirements). In partial satisfaction of Condition
No. 203 of the Resolution, Developer agrees that all proposed development shall be consistent
with the Otay Ranch Village Eleven SPA Planned Community District Regulations.
73 . Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Numbers 1-
5,8, 11-17,27,35-37,45,48-51,56,60,69,76,78,89,91-94, 96, 109, 114, 116, 118, 121-122,
124, 137, 139, 144-151, 158, 172-177, 179-181, 183-184, 189-190, 193-200, 202-203 of
Resolution 2001-364. Developer further understands and agrees that the some of the provisions
herein may be required to be performed or accomplished prior to the approval of subsequent
Final Maps for the Project.
74. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned,
that Developer shall comply with all unfulfilled conditions of approval of the tentative map,
established by Resolution No. 2001-364 and shall remain in compliance with and implement the
terms, conditions and provisions therein.
75 . Recording. This Agreement, or an abstract hereof shall be recorded
simultaneously with the recordation of the Final Map.
19
6-39
r
SSIA R-19/MU-l
08/14/2006
76 . Building Permits. Developer and Guest Builders understand and agree that the
City may withhold the issuance of building permits for the Project, should the Developer be
determined by the City to be in breach of any of the terms of this Agreement. The City shall
provide the Developer of notice of such determination and allow the Developer with reasonable
time to cure said breach.
77 . Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to
either party shall be in writing and shall be deemed duly served, delivered, and received
when personally delivered to the party to whom it is directed, or in lieu thereof, when three
(3) business days have elapsed following deposit in the U.S. mail, certified or registered
mail, return receipt requested, first-class postage prepaid, addressed to the address indicated
in this Agreement. A party may change such address for the purpose of this paragraph by
giving written notice of such change to the other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Atln: Director of Engineering
DEVELOPER:
Brookfield Shea Otay, LLC
12865 Pointe Del Mar, Suite 200
Del Mar, CA 92014
Atln: Ron Grunow, Vice President
Tel: (858) 481-8500
A party may change such address for the purpose of this paragraph by giving written notice
of such change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference
and do not defme, describe or limit the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subject matter hereof. Any prior oral or written representations,
agreements, understandings, and/or statements shall be of no force and effect. This
Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted.
d. Preparation of Agreement. No inference, assumption or presumption shall be
drawn from the fact that a party or bis attorney prepared and/or drafted this Agreement. It
shall be conclusively presumed that both parties participated equally in the preparation
and/or drafting this Agreement.
2%-40
r
SSLA R-19/MU-l
08/1412006
e. Recitals; Attachments. Any recitals set forth above and exhibits attached hereto
are incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be
entitled to a judgment against the other for an amount equal to reasonable attorney's fees
and court costs incurred. The "prevailing party" shall be deemed to be the party who is
awarded substantially the relief sought.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
21
(C:\DOCUME-l IRonGILOCALS-1 \TemplnotesE1EF34\SSIA-Final Mod 124.doc)
6-41
T
SSIA R-19/MU-l
08/14/2006
[pAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA
VISTA TRACT NO. 01-11 R-19/MU-l- B MAP]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year fIrst hereinabove set forth.
CITY OF CHULA V1STA
Stephen C. Padilla
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form:
Ann Moore
City Attorney
6-42
,
SSIA R-19/MU-l
08/14/2006
[NEXT PAGE IS PAGE TWO OF TWO SIGNA!URE PAGES]
[pAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA
VISTA TRACT NO. 01-11 R-19/MU-l- B MAP]
DEVELOPERS/OWNERS:
BROOKFIELD SHEA OT A Y, LLC, a California Limited Liability Company
By: Brookfield Otay LLC,
a Delaware Limited Liability Company, Member
BY:~~ Y'f By: ~<< ~
Name;f1_/1 j). 6rl.A'JB;f ~I Name: e. ]klfcf th~ "'I'd.
ylc:..l ri"~
By: Shea Otay Village 11 LLC, a California Limited Liability Company, member
By:
'ted Partnership, its Sole Member
Name: L~ew--i?"''''''' f...-. i",-,s,H: ,,,,,,,to-
(Attach Notary Acknowledgment and Company Signature Authority)
6-43
r
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of San Diego
}ss.
State of California
On August 14, 2006, before me, Nicole Sutherland, Notary Public,
personally appeared Ronald D. Grunow and E. Dale Gleed,
J.......-...-.----------
@ NICOLE SUTHERlAND
_ Commission # 1555413 f
~ .. Notary PubDc - California ~
1 Son Diego County f
, MyComm.Exp/resFeb27,2009.
personally known to me to be the persons
whose names are subscribed to the
within instrument and acknowledged to
me that they executed the same in their
authorized capacity, and that by their
signatures on the instrument the persons,
or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
\f\~ ()J\L ~lC\M.fJ
v
Place Notary Seal Above
Signature of Notary Public
6 -44
T
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~~ff.-._-~~~-~~~.~~=~~~~
State of California
}ss.
County of 30X\ \:) 113 C"'\
On Pc, D Us:t \ '-t 701"'" before me,
Date I
personally appeared ttIP'XO ll~e.("
L. P\\S.hv1P('
Name(s) afSigner(s)
fI
Name and Tille af lilfficer (e.g., "Jane Doe, Notary ubUci
aYld d;m t.;'frre......
\lL
~OnallY known to me
-----------------1
SARAH J. secKMAN
lit commission # 1591862 ~
$ _,,; Notary PubUc . Callfamla ~
! Ban DiegO County i
i...- __ ~:~m~~~J~1:.~9
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by hislher/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons refying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~E:~~'_ g>>.$~'~~~_ _'~~'Sio. v=v';.-.~~
C 2004 National Notary Association. 9350 De Sote Ave., P.O. Box 2402. Chalsworth, CA 91313-2402 Item No. 5907 Reord.er: Call Toll-Free 1-80G-876-6827
6-45
T
CERTIFIED TRUE COPY OF CORPORATE RESOLUTION
(Brookfield Otay LLC)
ELECTION OF OFFICERS
RESOLVED, that the following persons are duly elected to serve as the officers of the Company
by the Board of Managers or until the election and qualification oflheir respective successors or
their earlier resignation or removal:
STEPHEN P. DOYLE
SANDRA E. MOORE
President
Chief Financial Officer
and Vice President
Vice President
Vice President
Vice President
Vice President
Secretary
Assistant Secretary
E. DALE GLEED
DAVID R. POOLE
R. CASEY SCHNOOR
RONALD D. GRUNOW
ELIZABETH ZEPEDA
WILLIAM B. SEITH
RESOLVED FURTHER, that the Acceptance of each Officer is attached hereto as EXHIBIT
"A".
RESOLVED FURTHER, that except when otherwise authorized or directed by the Board
of Managers, or by law, the officers of the Company are authorized to execute,
acknowledge and deliver any and all instruments of writing, including but not limited to,
subdivision maps, contracts, agreements for purchase and sale, leases, deeds, notes,
security instruments and such other documentation necessary or appropriate in the
ordinary course of business of the Company. Unless specifically authorized by the Board
of Managers to the contrary, any and all subdivision maps, contracts, agreements for
purchase and sale, leases, deeds, notes, loan agreements, partnership agreements and
security instruments, other than contracts involving amounts of less than $100,000 and
deeds for the sale of a single family residence, shall require the signature of two officers
of the Company.
RESOLVED FURTHER, that no contract or obligation involving the transfer of a
substantial right in any major asset of the Company shall be signed without prior
approval of the Board of Managers or any committee thereof duly authorized to give such
approval.
This is to certifY that the foregoing is a true copy of a resolution adopted by the Board of Managers of
Brookfield Otay LLC, a Delaware limited liability company, managing member of Brookfield Shea Otay
LLC, a California limited liability company, on the 15th day of March, 2005, and that such resolution is
still in full force and effect unamended.
In witness whereof, I have hereunto signed my name as Secretary of Brookfield Otay LLC, this 30th
day of March, 2005.
,
f?! <
\.:A ____~ .F\., _~
Elizabeth Zepeda, Secretary
6-46
T
SSIA R-I9/MU-I
08114/2006
EXHIDIT "A"
PROPERTY DESCRIPTION
Being A Subdivision of Parcel "A" of that certain Certificate Of Compliance recorded April 28,
2006 as Document No. 2006-0300433, Being a Lot Consolidation of Lot 9 of Chula Vista Tract
No. 01-11 Otay Ranch Village 11 "A" Map No.2, according to map thereof No. 14780, filed in
the office of the County Recorder on April 30, 2004 and Lot 10 ofChula Vista Tract No. 01-11
Otay Ranch Village 11 "A" Map No.3, According To Map Thereof No. 15233, filed in the office
of the County Recorder on December 28, 2005, in the City ofChula Vista, County of San Diego,
State of California.
6-47
r
SSIA R-19/MU-l
08/14/2006
EXHIBIT "B"
LIST OF SECURITIES
CV WO No. Description Bond Amount Bonding Company Bond
mrawinu #\ Name Number
$416,000 Insurance Company of
1 Future Plans Village Square Park Landscape & Irrigation 217 65 53
Bond the West
$210,000
2 06048 Traffic Signal; MU-l entrance Faithful Performance Arch Insurance SU5020777
on Eastlake Parkway - BSO $210,000 Company
Material & Labor
3
4
6-48
T
COUNCIL AGENDA STATEMENT
Item No.: L
Meeting Date:11114/06
ITEM TITLE:
Public Hearing to consider the adoption of the Draft Final Otay River
Watershed Management Plan (WMP)
Resolution of the City Council of the City of Chula Vista adopting the
Draft Final Otay River Watershed Management Plan as an advisory
document for the protection and enhancement of natural resources within
the Otay River watershed
SUBMITTED BY: Director of Planning and BUildin*
~
REVIEWED BY: Interim City Manager rlf (4/5ths Vote: Yes No~
It is recommended that the public hearing be opened and continued to November 21,2006.
J:\PlanningVosie\WMP\CC AdoptWMP\CC AI13-ContinueItem.doc
T
~(~
-.-
---- ----
~~~~
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
ellY OF
CHULA VISfA
Wednesday, November 01, 2006
TO:
Lorraine Bennett, City Clerk
FROM:
Zaneta Salde Encarnacion, Constituent Services Manager
~
RE:
Veterans Advisory Commission
Mayor Padilla would like to recommend Mr. John Acosta to fill the vacancy left by Mr. Elroy
Kihano on the Veterans Advisory Commission.
Please place on the next council agenda for ratification.
Thank you.
1\-.:::> _ "" <:.. ~~_ ~=...~ c.u"..",.",...,J,\.,\ 'S'ec<.He.s. c".... 1:i"'R-
c::::&>.......... ,.s.~\<!:l\"" <E><'\ A.,,\,'('I,~.
q -A-I
To strengthen
and promote
cities as centers
ofopportunity,
leadership. and
govemance.
~,~,~
National League
of Cities
1301 Pennsylvania Ave., N.W.
Washington, DC 20004-1763
202-626-3000
Fax: 202-626-3043
www.nlc.org
2006 Officers
President
JamesC. Hunt
Councilmember
Clarksburg.WestVirginia
First Vice President
Bart Peterson
Mayor
Indianapolis,lndiana
Second Vice President
Cynthia McCollum
Council Member
Madison. Alabama
Immediate Past President
Anthony A. Williams
Mayor
Washington,DC
Executive Director
DonaldJ Sorut
Recycled Paper
RECEIVED
October 24, 2006
~ OCT 31 P5:46
MEMORANDUM
"flY "F CHUI ' 1/1' i,'
~,V ' ,',,_/-1. 'f!d~I'
WY GLERK'S OFFlU
TO:
Direct Member Cities
FROM:
Donald J. Borut, Executive Director
SUBJECT:
Congress of Cities Voting Delegates
The National League of Cities Annual Business Meeting will be held on
Saturday, December 9,2006, at the conclusion ofthe Congress of Cities and
Exposition in Reno, Nevada. As a direct member city, your city is entitled to
vote at this meeting. Based on population, each member city casts between
one and twenty votes. The number of votes for each population range can be
found on the table on the reverse of this memorandum.
To be eligible to cast a city's vote(s), a voting delegate and alternate must be
officially designated by the city using the attached credentials form. This
form will be forwarded to NLC's Credentials Committee. NLC bylaws
expressly prohibit voting by proxy.
At the Congress of Cities, the voting delegate must pick up the city's voting
card at the credentials booth before the Annual Business Meeting and must be
present at the Annual Business Meeting to cast the city's vote(s). Alternates
should visit the credentials booth before the meeting to pick up their stickers
which identify them as alternate voting delegates. The credentials booth will
be open throughout the Congress of Cities.
City elected officials should be made aware of this request so that decisions
can be made as to who will be the voting delegate and alternate(s). Please
return the completed form to NLC by fax at 202-626-3043 on or before
November 15, 2006, and keep the original for your own files. If you have
any questions or concerns, contact Ken Rosenfeld, NLC policy manager, at
rosenfeld@nlc.org or 202-626-3194.
Thank you.
Past PrtlSideflts: Clarence E. Anthony, Mayor, South Bay, Florida 0 John DeStefano, Jr., Mavor, New Haven. Connecticut 0 William H. Hudnut, Ill, Mayor, Town of Chevy Chase, Maryland 0 Sharpe James,
Mayvr. Newark. New Jersey 0 Brian J. O'Neill, Councilman, Philadelphia. Pennsylvania 0 DiTllcturs: R. Michael Amyx, Executive Director, Virginia Municipal League 0 Tommy Baker, Alderman, Osceola. Attansas
- Vicki Barnett, Mayoc Farmington Kills. Michigan 0 Thomas Bredeweg, Executive Director. lowe League of Cities 0 Nora Campos, Councilmember, San Jose, California' ThomllS Carlson. Mayor, Springfield,
Missouri 0 James Condos, Council Chair, South Burlington. Vermont 0 Joseph Donaldson. Mayor, Flagslaff, Arilona -Ted Ellis, Mayor, Blutfton, Indiana' Makie Epie, Council Memoor, Cedar Kill, Texas 0 Margaret
Finlay. Mayor, Duarte, California - Eddy Ford, Mayor, Farragut, Tennessee 0 Danny George. Executive Director, Oklahoma Municipal L~ague, Inc. 0 Gary Graham, Mayvr. Olallon. Illinois 0 Mattltew Greller,
ExecutiVll Oirector. Indiarla Associalion 01 Cities and Towns oJim Hi gdon, ExecutiVll Director, Georgia Municipal Association 0 Cllllrles Hughes, Council President, Gary. Indiana 0 Sleven Jeffrey, Executiv eDirec!Or,
Vermont League of Cities and Towns 0 Martin JonllS, Council Member, Conyers. Georgia 0 Ronald loveridge, Mayor, Riverside, California 0 Cynthia Mangini, Councilman.AI.large, Enfield, Connecticut 0 Marcia
Marcoux, Councilmember, Rochester. Minnesota 0 Michael McGlynn, Mayor, Medford. Massachusetts - James Mitchell, Jr., Council Member, Charlotte. North Carolina _ Darryl Moss, Mavor, Creed moor, North
Carolina 0 Ed Oakley, Councilmember, Dallas. Texas 0 James Perkins, Jr., Mayor, Selma, Alabama 0 Ricltard Radcliffll, Councilman, Greenacres, Floride 0 Dottie Reeder, Mayur, Seminole, Florida 0 Julio Aberg
Robison, Council Member At-large. Cary. North Carolina 0 Ron Schmitt, Council Member. Sparks, Nevada 0 Shirlev Scott, Council Member, Tucson, Ari/Ona 0 Anne Sinclair, Council Member, Columbia, South
Carolina 0 Walter Skowron, Council Member, Loveland. Colorado 0 Connie Spryn czynatyll:,Executive DireClOr, North Dal:ota League of Cities o Ken Stro beck,ExecutiVll Dir8ctor, League 01 Arizona Cities and
Towns 0 Charfeta Tavares, Council Member, Columbus. Ohio 0 lynne Whalen, Council Woman, Casper, Wvoming 0 JaclIlllIS Wigginton, Council Member. lexington, Kentucky 0 Evelyn Woodson, Councilor,
Columbus,Georgia 0
1 -:5-1
NATIONAL LEAGUE OF CITIES
2006 CONGRESS OF CITIES
RENO, NEVADA
Number of Votes - Annual Business Meeting
Direct Member Cities
Article IV, Section 2 of the National League of Cities bylaws specifies the number of
votes that each NLC direct member city is entitled to cast at the Annual Business
Meeting at the Congress of Cities. Member cities are required by the bylaws to cast
unanimous votes.
CITY POPULATION (per 2000 Census) NUMBER OF VOTES
Under 50,000 1 vote
50,000 - 99,999 2 votes
100,000-199,999 4 votes
200,000 - 299,999 6 votes
300,000 - 399,999 8 votes
400,000 - 499,999 10 votes
500,000 - 599,999 12 votes
600,000 - 699,999 14 votes
700,000 - 799,999 16 votes
800,000 - 899,999 18 votes
900,000 and above 20 votes
q -5-2
~
NATIONAL LEAGUE OF CITIES CREDENTIALS FORM
2006 CONGRESS OF CITIES . RENO, NEVADA
At the Annual Business Meeting on Saturday, December 9, 2006, each direct member city of NLC is entitled to cast from one to
20 votes based upon the city's population per the 2000 census, through its designated voting delegate. Please indicate below
your city and state, voting delegate and alternate(s), and sign and date the form. The form should be faxed to NLC at 202-626-
3043, by the November 15, 2006 deadline.
The official voting delegate and alternate(s) for the city/town of:
FOR OFFICE USE ONLY
(DO NOT WRITE IN THIS SPACE)
Voting card issued to:
(type or print the name of your city/town and state)
VOTING DELEGATE:
(signature)
1.
-;
NAME
Votes:
TITLE
1
2
3
~
\
\j:J
~
ALTERNATE VOTING DELEGATE(S):
2.
NAME
TITLE
3.
NAME
TITLE
PLEASE SIGN AND FAX THIS FORM TO NLC BY NOVEMBER 15, 2006.
FAX: 202-626-3043; ATTENTION: ERIKA HAMILTON, POLICY ASSISTANT
Signature (city representative):
Title:
Date: