HomeMy WebLinkAbout2006/12/19 Item 4
CITY COUNCIL
AGENDA STATEMENT
~f:. CITY OF
--- CHULA VISTA
12/19/2006
Item-$--
ITEM TITLE:
RESOLUTION APPROVING THE GRANT OF
EASEMENTS, LICENSE AND MAINTENANCE
AGREEMENT FOR CHULA VISTA TRACT NO. 02-03,
MCMILLIN OTAY RANCH VILLAGE SIX,
NEIGHBORHOOD R-IO AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT.
DIRECTOR OF ENGINEERIN% ~,)
INTERIM CITY MANAGER ji
SUBMITTED BY:
REVIEWED BY:
4/5THS VOTE: YES
NO X
BACKGROUND
Tonight Council will consider allowing the Treviana at Lomas Verdes Homeowner
Association, a California nonprofit mutual benefit corporation (an "HOA") to perpetually
maintain the landscaping within the right-of-way for this neighborhood. McMillin Otay
Ranch Village Six, Neighborhood R-10 is a condominium project consisting of 212
residential units and is generally located west ofSR-125 and east of Magdalena Avenue.
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 15378 of the State CEQA
Guidelines; therefore, pursuant to Section l5060( c )(2) of the State CEQA Guidelines the
activity is not subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
That City Council adopt the Resolution approving the Grant of Easements, License and
Maintenance Agreement for Chula Vista Tract No. 02-03, McMillin Otay Ranch Village
Six, Neighborhood R-l 0 and authorizing the Mayor to execute said Agreement.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
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12/1912006, Item 4
Page 2 of2
DISCUSSION
Chula Vista Tract 02-03, McMillin Otay Ranch Village Six, Neighborhood R-I0 is an
11.73-acre project consisting of212 residential condominium units. On August 27, 2002,
by Resolution 2002-347, Council approved the Final Map and associated agreements.
Tonight Council will consider approving a Grant of Easements, License and Maintenance
Agreement that will add areas of Home Owner Association (HOA) maintained
landscaping within the public right-of-way for this neighborhood.
The Grant of Easements, License and Maintenance Agreement for the neighborhood
establishes specific obligations and responsibilities regarding the maintenance of certain
improvements located along the public parkways within the City's right-of-way. Exhibit
"A" contains the Grant of Easements, License and Maintenance Agreement for this
neighborhood.
DECISION MAKER CONFLICT
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 IMPACT
There is no impact to the General Fund. The ROA has paid all fees and other costs
associated with the proposed agreement.
ATTACHMENTS
1. Plat ofChula Vista Tract No. 02-03, McMillin Otay Ranch Village Six, R-lO
2. Developer's Disclosure Statement
EXHIBITS
A. Grant of Easements, License and Maintenance Agreement
Prepared by: Boushra Salem, Senior Civil Engineer, Engineering Department
J:\EngineerIAGENDA \CAS2006\ 12-19-06\ Village 6 Grant of Easements.doc
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ATTACHMENT
\
L
RESIDENnAl
Parcel I land Use '"""'" I du/ac DU I
R-1 Single Family 26.2 4.0 105
R-2a Single Family 19.7 4A 87
R-2b Sil'lgle Family 21.3 5.4 115
R-3 Single Family 35.6 4.5 159
R-4 Single Family 20.4 4.5 92
R-' SiT1gle Family 16.6 6.7 111
R-< Single Family 20.4 6.2 '26
R-7.a Single Family 12.9 6.8 88
Sub-tatal Single Fllmily 17J.1 ,., ..3
R~7:b. Multi-family 5.8 28.4 165
R-o Multi-family 11.7 26.5 33i
R'" Mulli-family 21.8 7.5 163
.R~ Multi--family 12,7 25.7 326
R..1Q" Multi-family 12.1 17.5 212
Sub-fota//duni-f.amily 54.' HI.! 1203
TOTAl. RESIDENTIAL 2:37.2 0.8 20a6
NON-RESIOENTl.AL
CPF~1 CPF SlIe 52
CPF-2 CPF Sile ".5
CPF..,J Privale High School 32.5
Sub-taral CPF "9.2
Elem. School Site 10.0
I Public Pan 7.6
.=
Commercial 3.0
Open Space 21.1
... Major Circulation sa.J
NON-RES1DENTIAL TOTAL 14!3.2
PROJECT TOTAL 3a6.4 ,.4 20BS
[!!D Resid..Alt. To CPF.3
Alternative Totat without Pri. High SchOQI
Note: aIt. R~11 refer.5 to an aJremiltive
residential use tor CPF-3. Refer tel SPA
lext foI' specific pmYisjans.
MCMILLIN OTA Y RANCH VILLAGE 6
CHULA VISTA TRACT 02-03
n
R,.9a
R,.9b
,
I
~
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R-10
f Birch Road
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4-3
Nov-14-2006 14:51
" rom-CORNERSTONE
8584523600
T-792 P 002/003 P-530
ATTACHMENT 2
City of Cbul, VISta Di.cIotUre StalOlllcnt
Pursuontto Council poli"Y 1 0 1-01, prior to any action upon matte'" tI:1.. wlll require discretionary action bylhc
Council. Planning Commission and all other oflieial bodi=:> oflhe City,' statement ofo1illcloSIII' of ow in
ownorship or fuuoncial iIlt"",;!;, paymenlli, or ."",paige conttibutiOll' for a City of Chul. VISta election mus' b.
filed. The followi~g i~ronnation must be di.elose<l:
l. List tCe name; of all petson; having a financial Inlerest in tile ptoperty that is 'be ;ubje<, of tI:1.
application or the coatrac~ e.g., OWDl::r~ a.pplicant, cO.Qtruaor, $ubaot3tr'a.Gtor, matctialsupplier.
7~E1V/AN,IJ /)T I/UUAS J/~I)S$ .h'O.<U~..vN€'.A)' A.s.J'AI.
2. If any per;on' identified pur.ro.m: '0 (1) above is . COlpOratio!l Ot partnrnbip, list the =e$ of all
iI1dlvidu.u....;th a $2000 in"03tmcllt in !be Wsi= (eorporatioolparlncrship) ...tity.
R/~
3. If any pelSon" Identified p~t to (1) above ilia lIOn-pfofi' orgacizmiOI:1 ounat, list tho oatil" of any
porson serving as dite= of lb. nOll-profit or~on or as UIl;tee orbenc:!ioiary Or trustor of lb. trUst
.;rOHAI fJUTjlAM
p. fj, iSP/i P "'J11
4. PlclIS. idcIrtify ovc.ty person. Lncluding anyagenta, employC<$, "O"sultan!>, or inclepeQdelll eontnetors
you have assigned to rep.resent you before die City in this matter.
Me iMIU.JN (,,;olM41t1A//T(.~c;
r:I'JRNF.PS'rONr:o C(}Jl,f1M tiN t.r/~r:;
5. Has any person" ..sociated with this oontra=' had any tinl1lleial dealings with llll officie!'. of lb.. CItY of
Chula Viola.. il....l.teS to this ooo\l'lletwilhin thel*t 12 ft1ontlls. y.._ No-X...
191-; 'OO/ZOO"d IIL-.
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Nov-14-2006 14:51
From-CORNERSTONE
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T-782 P.003/003 F-530
eil)' of Ch.ul~ lIislll Di>doJure S~Ate~.ot
IfYl:..'5j oridly ~cri::.;: ~~ ~t:U..L"e: of ChQ nc.z.n'C.'ia! inccocst ihe Qffi~i""'." Qi~ h.;a.Vl;: in thi$ cotJ,~,
6. Have ycumade a C~!111.ib"tioo of mer. thanS250 within 1ll.I'~Sl twelve (12) tllotll!ls to ..=tmembc:r
of ,he Chllla Vi,ta City Council? :-10]!. y"" _Ify.,. wbich Council mOO\b<:r7
7.
Haye yo. provieec moro t"an $340 (0: all item ocequhrolcn, value) to on oflicial." ofthr; City ofChulo
Vista mille past twelve (12) moll.ths7 (Tb.i.s in.:l.udos boi.11g a """"" of m<>eme, mcnel'to reO:<: & lo!l'd
cecr. gift, 10lll1, etc.) Yes ~ No...iS-
I!Yc~, viblch OffiC3il!..... a.c.d wha~was the na.~ l:lfi\euJ pJ:Qvidt:d?
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Pliot or type ".me ofColltruc:tor/Applieant
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J'e:;oo.is dm!lod 'S:wy i.:lctivid\lal. firm. <:o-ponncrsh..;"joillt ventutt, assaoiilioo, sooial el'Oll, frala:cal
crga.ni2.ati~ cOip(lrntic:Q., estate, trIlSt, ~ival syt1(te~l.myot,b,crcountyJ d.ty~ mtmic.'pality, distriC'tt or
otJ.e, political S\lbdiYi.iou. -or any other group or coEl!bi.tlatlOl1 a<lillS ... a Ullit.
Official i.11oludcs, bu~ is not limi\l:li '0: Mayor, Couucil member, P\.",urlll Co=i""iellet, M=b.,. of a
be:::rd. =o~""io~ or committee cftlle Ci~, amployCl;, or $wfmembers.
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4-5
EXHIBIT ~
RECORDJNG REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance to
a public agency for less than a fee interest for
which no cash consideration has been paid or
received.
(ABOVESPACEFORRECORDER'SUSE) oR 405 F
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE
AGREEMENT
CHULA VISTA TRACT NO. 02-03
MCMILLIN OTAY RANCH VILLAGE 6
R-IO
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS, LICENSE AND MAll'lTENANCE AGREEMENT
("Agreement") is made as ofthislL, day of DC~'of V' ,200jp:, by and between the CITY OF
OlliLA VISTA, a municipal corporation ("City"), and TREVIANA AT LOMAS VERDES
HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation ("ROA").
RECITALS
A. This Agreement concems and affects certain real property located in Chula Vista,
California, more patiicularly described in Exhibit A attached hereto and incorporated herein
("Property"). The Propeliy has been developed as a planned residential development project cOlmnonly
known as "Treviana at Lomas Verdes". The Propeliy is operated and managed by the BOA.
B. The Property is covered by that the certain final map(s) (the "Final Maps") described
on Exhibit" A" attached hereto and referenced ill the title to this Agre=ent.
C. The Parcels shown on Exhibit "B" attached hereto describe those particular areas
which were dedicated to the public on one or more of the Final Maps but which include landscaping
and drainage improvements required by the City to be maintained by the HOA. The public areas to
be maintained by the BOA are collectively refelTed to as the "ROA Maintained Public Areas."
Trel'iana at Lomas Verdes
Grant of Easements, Licen~e and Maintenauce A!;reement
GELMA.V6.R-J Q.8scp06.wpd
1
9/&/06
4-6
.~/~.--
D. The City desires to grant to HOA easements for landscape maintenance purposes upon,
over and across the HOA Maintained Public Areas as shown on ExhibIt "B".
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as set forth below.
1. Grant of Easements. The City hereby grants to HOA and its agents, successors and
assigns, non-exclusive easements andrigbts-of-way over and across the HOA Maintained Public Areas
for the pmpose of maintaining, repairing and replacing landscaping improvements located thereon.
These grants are made without anywan-anties of any kind, express or implied, other than the warranty
stated in Paragraph 14(f) below.
2. Maintenance Obligations
(a) HOA to Maintain. HOA hereby covenants and agrees, at its sole cost and
expense, to maintain, repair and replace, or cause to be maintained, repaired orreplaced, those
improvements within the HOA Maintained Public Areas which are described on Exhibit "C"
attached hereto, at a level equal to or better than the level of maintenance which is acceptable
to the Director of Public Wodes Operations, at hislher discretion and equivalent to City or
COlmunity Facilities District maintained rigbt-of-way facilities. For purposes of this
Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair, and
replacement obligations deseribed herein and on Exhibit" C" hereto and shall also include
repair and replacement at no cost to the City of anyCity owned property that is damaged dUIing
perfonnance of the maintenance responsibilities pursuant to this Agreement. Exhibit "C"
also refers to the maintenance responsibilities of the City.
(b) Authorization. This Agreemeuthas been approved bytbe appropriate governing
body of the HOA by resolution or similar procedural method and approved as to form by the
City Attorney.
( c) Release. The HOA shall not seek to be released by City from the maintenance
obligations of this Agreement, without the prior consent of City and one hundred percent (100%)
of the holders of first mortgages or owners of the Property.
3. BOA's Insurance. HOA agrees to procure and fonnally resolves to maintain at its
sole cost and expense, commencing no later than the date that the landscape architect of record has
submitted a letter of substantial confonnance pertaining to work being completed within the HOA
Maintained Public Areas to the General Services Department and the General Services Department
Director or his designee has deemed the work complete and satisfactory, a policy of public liability
insurance that would include, but is not liluited to the following:
(a) General Liability Insurance. HOAshall obtain a comprehensive general liability
and property damage insurance policy insuring HOA against liability incident to ownership or use
of the Property. The limits of such insurance shall not be less than $3 Million covering all claims
Trel'iana at Lama"" Verdes
Grant of Easements, Li~el1se and Maintenance Agreement
GELMA. V6.R-J O.8sep06.wpd
2
9/8/06
4-7
for death, personal injury and property damage 3lising out of a single occurrence. The insurer issuing
such insurance shall have rating by A.M. Best "A, Class V" or better with modified occurrences and
as admitted by Best's Insurance Guide_ Such insurance shall include the following additional provisions
provided they are available on a co=erciallY reasonable basis:
(i) The City ofChula Vista shall be named as an additionally insured party to such
insurance pursuant to the City's requirements HOA do so;
(ii) The policy shall not contain a cross-suit exclusion clause which would abrogate
coverage should litigation ensue between insureds and;
(ui) The policy shall contain the following severability clause (or language which
is substantially the s3ll1e): "The coverage shall apply separately to each insured
except with respect to the limits of liability."
(b) HOA shall provide the City with a Certificate of Insurance upon procurement
of the policy as set forth above.
4. Indemnity bv HOA. The HOA shall defend, indemnify, and hold harmless the City,
its officers, agents and employees, from any and all actions, suits, claims, damages to persons or
propeliy, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability,
or loss of any sort (herein "claims or liabilities"),which result from the HOA's failure to comply
with the requirements of the obligations of this Agreement. It is specifically intended that the City
shall have the right to enforce this Indemnity. This Indemnity may not be 3ll1ended without the written
consent of the City Director of Planning and Building or City Attorney.
5. Agreement Binding Upon Any Successive Parties. This Agreemeut shall inure to
the benefit of the successors, assigns and interests of the p311ies as to any or all of the Property.
6. Agreement Ruus With the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and
any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in
its owo right and for the purposes of protecting the interest of the co=unity and other parties, public
or private, in whose favor and for whose benefit such covenants rurming with the land have been
provided, without reg31-d to whether the City has been, remained or are owoers 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 Agreernent and the
covenants may be entitled.
7. Governine: Law. 111is Agreement shall be governed and constrned in accordance with
the laws of the State of California.
Trf!vimw at Lomas VarJeI'
Grant of Easements, Li~ense and Maintemmce Agreement
GEL!\.1A.V6.R-J Q,Bsep06.wpd
3
9/8/06
4-8
8. Effective Date. The terms and conditions of this Agreement shall be effective as of
the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office.
9. Counterparts. TIlls Agreementmay be executed in any number of counterparts, each
ofwlllch shall be original and all ofwlllch shall constitute one and the same document.
10. Recording. The parties shall cause this Agreement to be recorded in the Official Records
of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been
approved by the City Council.
11. MisceIlaneons Provisions.
(a) Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered and received when
personally delivered to the party to whom it is directed or, in lieu thereof, when three (3)
business days have elapsed following deposit in the United States mail, certified or registered
mail, return receipt requested, first-class postage prepaid, addressed to the address indicated
in this Agreement. A party may change such address for the purpose of this Paragraph by
giving written notice of such change to the other party.
liTo City:
City of Chula Vista
Department of Public W orks/Engineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
liTo HOA:
Treviana at Lomas Verdes Homeowners Association
c/o NNJaeschke
9610 Waples
San Diego, CA 92121-2992
Attn: Chris J aeschke
(b) Captions. Captions in this Agreement are inserted for convenience of reference
and do not defIne, describe or limit the scope or intent of this Agreement or any of its terms.
(c) Entire Agreement. This Agreement, together with any other written document
referred to herein, embody the entire agreement and understanding between the parties regarding
the subject matter hereof, and any and all prior or contemporaneous oral or written
representations, agreements, understandings and/or statements shall be of no force and effect.
Trl!l'iclIw 01 Loma~' Verdes
Grant ofEllSelneuts, License and Maintenance Agreement
GELMA.VG.R-IO.8sep06.wpd
4
9/8/06
4-9
This Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted.
(d) Recitals; Exhibits. Anyrecitals set forth above and any attached exhibits are
incorporated by reference into tbis Agreement.
(e) Compliance With Laws. In the performance of its obligations under this
Agreement, HOA, its agents and employees, shall complywith any and all applicable federal,
state and locallllles, regulations, ordinances, policies, permits and approvals.
(f) Authority of Signatories. Each signatory and party hereto hereby warrants
and represents to the other party that it has legal authority and capacity and direction from
its principal to enter into this Agreement, and that all resolutions and/or other actions have
been taken so as to enable said signatory to enter into this Agreement.
(g) Modification. Tbis Agreement may not be modified, terminated orrescinded,
in whole or in part, except by written instrument duly executed and acknowledged by the parties
hereto, their successors or assigns, and duly recorded in the Official Records ofthe San Diego
County Recorder's Office.
(h) Severability. If any term, covenant or condition of this Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term, covenant
or condition to person or circumstance, shall not be affected thereby and each term, covenant
or condition shall be valid and be enforced to the fullest extent permitted by law.
(i) Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement.
It shall be conclusively presumed that both parties participated equally in the preparation and/or
drafting of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year [l1"8t set forth above.
CITY OF CHULA VISTA, a municipal corporation
By:
Attest:
Cheryl Cox, Mayor
Susan Bigelow, City Clerk
Trel'iulll1 al Lomus Verdes
Grunt of Easements, License and Maintenance Agreement
GELMA.V6.R-J Q.8sep06.wpd
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9/8/06
4-10
APPROVED AS TO FaRlY[:
By:
Ann Moore, City Attorney
TREVlANAATLOMAS VERDES HOMEOWNERS
ASSOCIATION,
a California nonprofit mutual benefit corporation
~itl~~
~.i_0<-..t ../0t.
Title S -'<- "- r e. J.-~ " Y
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On Oct-Oo, , 200 G , before me, \ lSe. 6-:lv-(..\
Notary Public in and 'for said State, personally appeared vc;
,
pgr~Qmlly k"gn"Il tg me (or proved to me on the basis of satisfactory evidence) to be the person~
whose name(s) is/_ subscribed to the within instrument and acknowledged to me that he;'-hc/rhey
executed the same in bis/1) p,-l1-h eir authorized capacity(ie5), and that by his!h~ signaturehDon
the instmment, the personCp1, or the entity upon behalf of which the person~) acted, executed the
instrument
WITNESS my hand and official seal.
Signature
"~"i ~~A' 6~Glv .
(Seal)
l@"ILSEGARCIAGUIDO j
, i...... COMM, #1458259 '
() . NOTAHY PJ311C CACI'cR\IA ()
~ " ' , SAN DI,GC CeNT':' ~
r .... .. -'1: -... ~< ....~"I
l' MY CQ'IM :X.i,," Ce.. Or oc. I
Tr~"i'lIw at LomaJ' Verde.!'
Gron! af Easements, License llnd Maintenance Agreement
GELMA. V6.R-1 O,Bsep06.wpd
6
9/8106
4-11
STATE OF CALIFORNIA 1
) ss.
COUNTY OF SAN DIEGO )
On ,)dobe-v /I ,200U.,beforeme, ilSE 6:"/r-c\n GwJo, rJ;kwJeblt~
Notary Public in and for said State, personally appeared D, A. (....rL~\'Y)
,
persauo,]..)' lffi6Wft te me (or proved to me on the basis of satisfactory evidence) to be the person~
whose name~) is/_ subscribed to the within instrument and acknowledged to me that he/oke/1:fiEJ
executed the same in his/her,'1;aeir authorized capacity~ and that by his/hs;:/j;fleilc signature(81' on
the instrument, the person(lf5, or the entity upon behalf of which the personC1l acted, executed the
instrument.
WITNESS my hand and official seal.
Signature ,AjpJ E'xt')(,~, &~:4,
i
(Seal)
1@.."..ILSEGARCIAGUIDO J
O.i . COMM. #1458259 --,
O ~IJTAHY PU3L1C. CAClfJRNIA 00
. . SAN DiEGC CCUNTY
r- . ''''"\ (;"'1 ~r-"'M'"('7'''
I M(,.o~IM..X,'.,b ..,... d~:':!J
TreviUlIU III Lamas Verde~'
Grant of Easements, License nnd Maintenance Agreement
GELMA.V6.R-IO.8sep06.wpd
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4-12
J#13715
EXHIBIT "A"
MASTER HOME OWNERS ASSOCIATION
MAINTA1NED PUBLIC AREAS'
Parcel "A~l
That portion of Well brook Street as dedicated to public use on Chula Vista Tract No. 02-03
McMillin Otay Ranch Village 6, R-6, Map No. 14495. Shown as Parcel "A" on Exhibit "B."
4-13
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EXHIBIT 'B'
R/W
CITY OF CHULA VISTA TRACT 02-03
McMIWN OTAY RANCH VILLAGE 6, 'A'MAP
MAP NO. 14432
LOT 7
SHEET 1 OF 1
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4-14
EXHIBIT "C"
Maintenance Responsibilities
City ofChula Vista
Area HOA Maintenance Maintenance
Parkways within those Landscaping in the Maintenance of curb, gutter,
portions of those public parkways including sidewalks and pavement.
road shown on Exhibit "B." irrigation, tlirmning and
pruning of trees, and
maintenance and irrigation
of turn areas.
4-15
RESOLUTION N0.2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE GRANT OF EASEMENTS,
LICENSE AND MAINTENANCE AGREEMENT FOR CHULA
VISTA TRACT NO. 02-03,MCMILLINOTAYRANCHVILLAGE
SIX, NEIGHBORHOOD R-l 0 AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
WHEREAS, Chula Vista Tract 02-03, McMillin Otay Ranch Village Six,.
Neighborhood R-l 0 is an 11. 73-acre project consisting of 212 residential condominium units; and
WHEREAS, on August 27, 2002, by Resolution 2002-347, Council approved the
Final Map and associated agreements for Chula Vista Tract No. 02-03, McMillin Otay Ranch Village
Six; and
WHEREAS, the Grant of Easements, License and Maintenance Agreement for
McMillin Otay Ranch Village Six Neighborhood R-lO, sets forth the Treviana at Lomas Verdes
Homeowner's Association obligations to maintain certain improvements located in the public right
of way; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista
does hereby approve the Grant of Easements, License and Maintenance Agreement for the grant of
easements, license and maintenance for Chula Vista Tract No. 02-03 McMillin Otay Ranch Village
Six Neighborhood R-lO. Copies of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the CityofChula Vista is hereby
authorized to execute said Agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Scott Tulloch
Director of Engineering
H: IENGINEERlRESOSIResos200611 2-1 9-06lGrants of easements forOtay Ranch Village 6. R-IO.doc
4-16
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
/
/"
)
Date{ .
Grant of Eas ments, License and Maintenance
Agreement
Chula Vista Tract No. 02-03
McMillin Otay Ranch Village 6
R-10
(Dedicated Easements)
4-17
RECORDING REQ1JESTED BY
AND W1IEN RECORDED RETIJRN TO:
City Clerk
City of Chllla Vista
276 Fourth Avenue
Chllla Vista, CA 91910
No transfer ta;r; is due as this is a conveyance to
a public agency for less than a fee interest for
which no cash consideration has been paid or
received.
(ABOVE SPACE FOR RECORDER'S USE) O?. 405 F
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE
AGREEMENT
CHULA VISTA TRACT NO. 02-03
MCMILLIN OTAY RANCH VILLAGE 6
R-IO
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS, LJCENSE AND MAINTENANCE AGREEMENT
("Agreement") is made as oftbisl..L day of () c-\1,'ol' ( ,2001:, by and between the CITY OF
CHULA VISTA, a municipal corporation ("CitY"), and TREVIANA AT LOMAS VERDES
HOMEOWNERS ASSOCiATION, a California nonprofit mutual benefit corporation ("ROA").
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more pmucularly described in Exhibit A attached hereto and incorporated herein
("Property"). The Property has been developed as a planued residential development proj ect co=only
known as "Treviana at Lomas Verdes". The Property is operated and managed by the HOA.
B. The Property is covered by that the certain final map(s) (the "Final Maps") described
on Exhibit "A" attached hereto and referenced in the title to this Agreement.
C. The Parcels shown on Exhibit "B" attached hereto describe those patiicular areas
which were dedicated to the public on one or more of the Final Maps but which include landscaping
and drainage improvements required by the City to be maintained by the HOA. The public areas to
be maintained by the HOA are collectively refelTed to as the "BOA Maintained Public Areas."
Treviull{l alLam/IS Verdes
Grant of Easeme!ll~, Lic::mse and Maintenance Agreement
OELMf'.... V6.R- j O.8sep06.wpd
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9/8/06
4-18
D. The City desires to grant to HOA easements for landscape maintenance purposes upon,
over and across the HOA Maintained Public Areas as shown on Exhibit "B".
NOW, THEREFORE, in consideration 0 f the mutual covenants herein contained, the parties
agree as set forth below.
1. Grant of Easements. The City hereby grants to HOA and its agents, successors and
assigns, non-exclusive easements and rights-of-way over and across the HOA Maintained Public Areas
ror the purpose or maintaining, repairing and replacing landscaping improvements located thereon.
These grants are made without anywarranties of any kind, express or implied, other than the warranty
stated in Paragraph 14(f) below.
2. Maintenance Obligations
(a) HOA to Maintain. HOA hereby covenants and agrees, at its sole cost and
expense, to maintain, repair and replace, or cause to be maintained, repaired orreplaced, those
improvements within the HOA Maintained Public Areas which are described on Exhibit "e"
attached hereto, at a level equal to or better than the level of maintenance which is acceptable
to the Director of Public Works Operations, at his/her discretion and equivalent to City or
Co=unity Facilities District maintained right-or-way facilities. For purposes of this
Agreelnent, the tenn "Maintenancell or "Maintain!! shall mean the maintenance, repair, and
replacement obligations described herein and on Exhibit "C" hereto and shall also include
repair and replacement at no costto the City of anyCity owned property that is damaged during
performance of the maintenance responsibilities pursuant to this Agreement. Exhibit" C"
also refers to the maintenance responsibilities of the City.
(b) Authorization. This Agreement has been approved by the appropriate governing
body of the HOA by resolution or similar procedural method and approved as to form by the
City Attomey.
( c) Release. The HOA shall not seek to be released by City from the maintenance
obligations oftbis Agreement, without theprior consent of City and one hundred percent (1 00%)
of the holders offust mOltgages or owners of the Property.
3. HONs Insurance. HOA agrees to procure and formally resolves to maintain at its
sole cost and expense, co=encing no later than the date that the landscape architect of record has
submitted a letter of substantial confonnance pertaining to work being completed within the HOA
Maintained Public Areas to the General Services Department and the General Services Department
Director or his designee has deemed the work complete and satisfactory, a policy of public liability
insurance that would include, but is not limited to the following:
(a) General Liability Insurance. HOA shall obtain a comprehensive general liability
and property damage insurance policy insuring HOA against liability incident to ownership or use
of the Property. The limits of such insurance shall not be less than $3 Million covering all claims
TI"!11'iana at Lomas r'erdes
GJ'lInt of Easements, License und Maintenance Agreement
GELMA. V6.R. J O.8sep06.wpd
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9/8/06
4-19
for death, personal injury and property damage arising out of a single occurrence. The insurer issuing
such insurance shall have rating by A.M. Best "A, Class V" or better with modified occurrences and
as admitted by Best's insurance Guide. Such insurance shall include the following additional provisions
provided they are available on a co=ercially reasonable basis:
(i) The City ofChula Vista shall be named as an additionally insured party to such
insmance pursuant to !be City's requirements HOA do so;
(ii) The policy shall not contain a cross-suit exclusion clause which would abrogate
coverage should litigation ensue between insureds and;
(iii) The policy shall contain the following severability clause (or language which
is substantially the same): "The coverage shall apply separately to each insured
except with respect to the limits of liability."
(b) HOA shall provide the City with a Certificate of Insurance upon procurement
of the policy as set forth above.
4. lndemnitv bv BOA. The HOA shall defend, indemnify, and hold harmless the City,
its officers, agents and employees, from any and all actions, suits, claims, damages to persons or
property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability,
or loss of any sort (herein "claims or liabiIities"),which result from the HOA's failure to comply
with the requirements of the obligations of this Agreement. It is specifically intended that the City
shall have the right to enforce this Indemnity. This Indemnitymaynot be amended without the written
consent of the City Director of Planning and Building or City Attorney.
5. Agreement Binding Upon Any Successive Parties. This Agreement shall inure to
the benefit of the successors, assigns and interests of the parties as to any or all ofthe Property.
6. Agreement Runs With the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and
any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in
its own right and for the purposes of protecting the interest of the co=unityand other parties, public
or private, in whose favor and for whose benefit such covenants running with the land have been
provided, without regard to whether the City has been, remained or are owners of any particular land
or interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to m~intain 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.
7. Governin!! Law. This Agreement shall be governed and consillled in accordance with
the laws of the State of California.
TrevinfJa at Lomas Verdes
Grunt Df Ensc:nents, License and Maintenance Agreement
GELMA.VG.R.[ O.a~ep06.w!Jcl
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9J8J06
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8. Effective Date. The terms and conditions of this Agreement shall be effective as of
the date tlus Agreement is recorded in the Official Records of the San Diego County Recorders Office.
9. Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be original and all of which shall constitute one and,fue same docmnent.
- ,
10. Recording. The parties shall cause this Agreement to be recorded in the Official Records
of the San Diego County Recorder's Office wifuin thirty (30) days after this Agreement has been
approved by the City Council.
II. Miscellaneous Provisions.
(a) Notices, Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered and received when
personally delivered to fue party to whom it is directed or, in lieu thereof, when three (3)
business days have elapsed following deposit in the United States mail, certified orregistered
mail, retmn receipt requested, first-class postage prepaid, addressed to fue 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 ofuer party.
liTo City:
City of Chula Vista
Department of Public Works/Engineering Division
276 F ourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
liTo HOA:
Treviana at Lomas Verdes Homeowners Association
c/o NNJaeschke
9610 Waples
San Diego, CA 92121-2992
Attn: Chris J aeschke
Co) Captions. Captions in this Agreement are inserted for convenience of refereoce
and do not defIne, describe or linlit the scope or intent of this Agreement or any of its terms.
(c) Entire Agreement. This Agreement, together with any otherwritteo docmnent
refelTed to herein, embody the entire agreement and understanding between fue parties regarding
fue subject matter hereof, and any and all prior or contemporaneous oral or written
representations, agreements, understandings and/or statements shall be of no force and effect.
Trel'iaml al Lomas Vf!rdes
Or-ml ofEas~menrs, License and M:lintcnancc Agreement
GELMA. YG.R-I O.SsepQ6.wpd
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This Agre=ent is not intended to supersede or amend any other agre=ent between the parties
unless expressly noted.
(d) Recitals; Exhibits. Anyrecitals set forch above and any attached exhibits are
incorporated by reference into this Agreement.
(e) Compliance With Laws. In the performance of its obligations under this
Agreement, HOA, its agents and=ployees, shall complywith any and all applicable federal,
state and localmles, regulations, ordinances, policies, permits and approvals.
(f) Authority of Signatories. Each signatory and party hereto hereby warrants
and represents to the other party that it has legal authority and capacity and direction from
its principal to enter into this Agreemeut, and that all resolutions and/or other actions have
been taken so as to enable said signatory to enter into this Agreement.
(g) Modification. This Agreement may not be modified, terminated orrescinded,
in whole or in part, except by written instrument duly executed and acknowledged by the parties
hereto, their successors or assigns, and duly recorded in the Official Records ofthe SanDiego
County Recorder's Office.
(h) Severability. If any term, covenant or condition of this Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term, covenant
or condition to person or circumstance, shall not be affected thereby and each term, covenant
or condition shall be valid and be enforced to the fullest extent permitted by law.
(i) Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a paTty or its attorney prepared and/or drafted this Agreement.
It shall be conc1usivelypresumed that both parties participated equally in the preparation and! or
drafting of this AgTeement.
IN WITNESS 'VHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first set forth above.
CITY OF CHl.JLA VISTA, a municipal corporation
By:
Attest:
Cheryl Cox, Mayor
Susan Bigelow, City Clerk
[,'eviUIIU at LOIJw~' Verdes
GrJnt afEusements, :,icense lnd MaintcOllDce Agreement
GElJ.IrL.\. V6.R-l O.8sep06. wpd
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"
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TREVlA.t'lAA TLOMAS VERDES HOMEOWNERS
ASSOCIATION,
a California nonprofit mutual benefit corporation
Bya~
Titl~F~"-,,...r .
~..i_,--,-{
Title S"'-~r",-}..~,',V
1.
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'............... .
STATE OF CALIFORNIA )
) ss,
COUNTY OF SAN DIEGO )
On O(~Oio, , 200 lo , before me, \ ~e C::ZI\'C\,^, hI-Irk, ~--b"A'RJoL c ,
Notal')' Public in and 'for said State, personally appeared 0(;\(\" VcJ'h"t)ll'Y) I I '
penQJ),lly i<nQ"'l:: t9 me (or proved to me on the basis of satisfactory evidence) to be the persont;gf
whose n3lneks) is/ars subscribed to the within instrument and acknowledged to me that he/,,-h~itll~y
executed the S3lne in hisl1,prlth.ir authorized capacity(i2s), and that by his/h~ signature(s) on
the instlllment, the personCy), or the entity upon behalf of which the person~) acted, executed the
instmment
WITNESS my hand and official seal,
Signature
,>-~"'2 hll';A' b~lc~
(Seal)
1 @ILSE GARCIA GUIDO I,
I .... '."j' COMM. #14582:8 ..,
()() , ' NQ7.\cY ''J 3 LlC- CA'.",,\I,A g
L. fo:: . .'.. SAN :'ltGC:C~I{i\t )
r ,.,,, . ~Y""'''''~. r." ~~ '"'''7'''
J '.' MY'A,I,I 0,'''''' .o~" ", I
Trl!lIi,mo alLomo.l' Verde:.'
Grant Jf Ea~elUc:nts, Lic::n.se rlnd Maimenance Agreement
GELMA. V6.R-1 a.8sep06.wpd
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4-23
STATE OF CALIFORNIA )
) ss.
COUNTY OF SA,N DIEGO )
On I:::. tv bey II , 200 Lv , before me, i LS t:
."
Notary Public in and for said State, personally appeared l!,
tC1\"LW' 0tu.clc
., .
Pi. (4YCK--:C--Irrl
I-J-,-k,y E~i~~
I
,
personall;'lffiB ",1 ts me (or proved to me on the basis of satisfactory evidence) to be the personi)r)
whose name~) is/_ subsclibed to the within instrument and acknowledged to me that he/she,'moy
executed the same in his/h@r'thsIT authorized capacityC~ and that by his/h@ri~ei:r signature(~ on
the instmment, the person(,,:l, or the entity upon behalf of which the person(~) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature ,AJhi ~'>L~\ &:cle
(Seal)
1@.... ILSEGARCIAGU100 ~
8 ........j" "'IJTA~~~'~L~I.4~:3~5RNIA 8
I- '" SAN :JiEGC CC'~NIY
, \ \ "" ~ \.1 ,...v........, c:!"' - ~ ~" ""r. .,......
1 . .,\1 ('vv,,,M. ':^1"I;"\Ew ~;:'"'- '::J~~
TreviCl/lU at Lomas Verdes
Gmnt of Ease merits, License aud Maintenance Agreement
GELMA.V6.R.la.8sep06.wpd
7
'1/8/06
4-24
J#13715
EXF.lBIT "A"
.tv1ASTER HOME OWNERS ASSOClA.TWN
MAINTAINED PUBLIC AREAS'
Parcel "A"
That portion of Well brook Street as dedicated to public use on Chula Vista Tract No. 02-03
McMillin Otay Ranch Village 6, R-6, Map No. 14495. Shown as Parcel "A" on Exhibit "B."
4-25
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EXHIBIT 'B'
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CIIY OF CHULA VISTA TRACT 02.03
McMIWN OTAY RANCH VILLAGE 6, 'A'MAP
MAP NO. 14432
LOT 7
SHEET 1 OF 1
4-26
EXHlBIT "c"
Maintenance ResPoIlBibilities
, City of Chula Vista
Area HOA Maintenance Maintenance
Parkways within those Landscaping in the Maintenance of curb, gutter,
portioIlB of those public -parkways including sidewalks and pavement.
road shown on Exhibit "B." irrigation, trimming and
pruning of trees, and
maintenance and irrigation
oftum areas.
4-27