HomeMy WebLinkAboutRDA Packet 1999/08/31 CI1Y OF
TUESDAY, AUGUST 31, 1999 CHULA VISTA COUNCIL CHAMBERS
6:00 P.M. PUBUC SERVICES BUILDING
(IMMEDIATELY FOLLOWING THE CiTY COUNCIL MEETING)
ADJOURNED JOINT MEETING OF THE REDEVELOPMENT AGENCY/CITY COUNCIL
OF THE CITY OF CHULA VISTA
1. ROLLCALL Agency Members Davis,, Moot~l, Padilla~, SalasCl, and ChairHorton~l
( Items 2 through 3 )
(Will be voted on immediately following the Council Consent Calendar during the City Council meeting)
The staff recommendations regarding the following item(s) listed under the Consent Calendar will be enacted by the Agency
by one motion without discussion unless an Agency member, a member of the public or City staff requests that the item be
pulled 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 Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled
from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of
business.
2. APPROVAL OF MINUTES June 22, 1999 (Adjourned Joint Meeting of the Redevelopment Agency and City Council)
3. JOINT RESOLUTION 1) APPROVING AGREEMENT WITH THE METROPOLITAN TRANSIT
DEVELOPMENT BOARD/SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY AND 675
OXFORD, LLC FOR THEDEVELOPMENT AND MAINTENANCE OF PEDESTRIAN AND VEHICULAR
ACCESS TO THE SAN DIEGO COUNTY FAMILY RESOURCE CENTER OVER THE MTDB PROPERTY
LOCATED ON THE EAST SIDE OF THE SAN DIEGO TROLLEY TRACKS BETWEEN OXFORD AND
PALOMAR STREETS; 2) AUTHORIZING THE RELEASE OF $70,000 FROM THE BILLBOARD
RESERVE FUND; 3) APPROPRIATING $51,000 FROM THE UNAPPROPRIATED BALANCE OF THE
TRANSPORTATION PARTNERSHIP FUND (FUND NUMBER 253); AND 4) APPROPRIATING
$65,000 FROM THE AVAILABLE FUND BALANCE IN THE GENERAL FUND TO BE REPAID WITHIN
ONE YEAR WITH FUTURE MTDB BILLBOARD FUND REVENUES On May fg, tggs, the Agency approved a
Special Use Permit for the establishment of the San Diego County Family Resource Center at 690 Oxford Street. On
September 22, 1998, the Agency entered into an Owner Participation Agreement (OPA) with Palomar Station, LLC and
approved plans for the construction of a building to be occupied by the County Family Resource Center. Palomar Station,
LLC subsequently assigned its rights and responsibilities related to the OPA to 675 OXFORD, LLC. As a condition of
approval of the Special Use Permit and the OPA, the Agency requested the Developer to provide adequate and safe access
from the proposed building to the Palomar Trelley Station. (Community Development Director)
Staff Recommendation: Agency/Council adopt the resolution. '""
This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the
Agency's jurisdiction that is no~t an item on this agenda. (State law, however, generally prohibits the Redevelopment
Agency from taking action on any issues not included on the posted agenda.) lf you wish to address the Agency on such a
subject, please complete the !'Request to Speak Under Oral Communications Form" available in the lobby and submit it to
the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your
name and address for record purposes and follow up action.
AGENDA -2- AUGUST 31, 1999
4. DIRECTOR'S REPORT(S)
5. CHAIR(S)
6. AGENCY MEMBER COMMENTS
The meeting will adjourn to a closed session and thence to an Adjourned Redevelopment Agency Meeting on September 14,
1999 at 6:00 p.m., immediately following the City Council meeting, in the City Council Chambers.
· i (.]-1:1 ,i-1 :I-'f-1 [.] ~'
Unless Agency Counsel, the Executive Director, or the Redevelopment Agency states otherwise at this time, the Agency will
discuss and deliberate on the following item(s) of business which are permitted by law to be the subject of a closed session
discussion, and which the Agency is advised should be discussed in closed session to best protect the interests of the City.
The Agency is required by law to return to open session, issue any reports of final action taken in closed session, and the
votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at
this point in order to save costs so that the Agency's return from closed session, reports of final action taken, and
adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which
will be available in the Office of the Secretary to the Redevelopment Agency and the City Clerk's Office.
7. CONFERENCE WITH REAL PROPERTY NEGOTIATOR --Pursuant to Government Code Section 54956.8
Property: Agency-owned parcels at the northwest corner of Third Avenue and H Street
Negotiating Parties: Redevelopment Agency (Chris Salomone) and Chrismatt Corporation, a California
Corporation, dba Pieri Company (James V. Pieri)
Under Negotiations: Price and terms for disposition/acquisition
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT IADAt
The City of Chula Vista, in complying with ADA, requests individuals who require special accommodation to access, attend and
or participate in a City meeting, activity or service to request such accommodation at least 48 hours in advance for meetings and
5 days for scheduled services and activities. Please contact Mary Donnelly, Secretary to the Redevelopment Agency, for
information or your request at (619) 691-5047. California Relay Service is available for the hearing impaired.
MINUTES OF AN ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY
AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA
June 22, 1999 6:00 P.M.
An Adjourned Meeting of the Redevelopment Agency and the City Council of the City of Chula Vista
was called to order at 6:29 p.m. in the Council Chambers located in the Public Services Building, 276
Fourth Avenue, Chula Vista, California.
CALL TO ORDER
1. ROLL CALL:
PRESENT: Agency/Council Members Davis, Padilla, Salas and Chair/Mayor Horton
ABSENT: Agency/Council Member Moot
ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney
Kaheny, Deputy City Clerk Griffin
CONSENT CALENDAR
(Items 2 - 5)
2. APPROVAL OF MINUTES of Joint Meeting of the City Council and Redevelopment
Agency of May 25, 1999
3. AGENCY RESOLUTION 1630 AND COUNCiL RESOLUTION 19504, APPROVING
THE AMENDED AND RESTATED AGREEMENT BETWEEN CITY OF CHULA
VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, AND
CHULA VISTA BAY-FRONT CONSERVANCY TRUST FOR A LEASE, LOAN, AND
OPERATING AGREEMENT FOR THE CHULA VISTA NATURE CENTER; AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The lease, loan and operating agreement for the Chula Vista Nature Center expired on July
25, 1997. Although a committee of the Bayfront Conservancy Trust is continuing to work
with the City Attorney to make various substantive changes to the agreement requiring
additional research and discussion, some changes have been incorporated at this time which
serve to re-establish the terms and conditions for the relationship between the parties in regard
to the lease, loan and operation of the Chula Vista Nature Center.
Staff recommendation: The Agency/Council adopt the resolution (Nature Center Director)
CONSENT CALENDAR (Continued)
4. AGENCY RESOLUTION 1631, APPROVING A 180-DAY EXTENSION TO THE
CHRISMATT SEMI-EXCLUSIVE NEGOTIATING AGREEMENT FOR THE
DEVELOPMENT OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF
THIRD AVENUE AND H STREET
On June 16, 1998, the Agency approved a Semi-Exclusive Negotiation Agreement with the
Chrismatt Corporation for the development of property located at the northwest comer of
Third Avenue and H Street. Additional time will be necessary for staffto evaluate a financial
analysis of the project and negotiate terms and conditions for a Disposition and Development
Agreement for presentation to the Agency; therefore, an extension to the Semi-Exclusive
Negotiation Agreement is requested through December 17, 1999.
Staffrecommendation: The Agency adopt the resolution. (Community Development Director)
5. AGENCY RES OLUTION 1632, APPROVING A DEFERRAL AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND THE OTAY WATER DISTRICT FOR PAYMENT
OF DEVELOPER IMPACT FEES FOR THE VETERANS HOME PROJECT AND
AUTHORIZING PAYMENT OF THE FIRST INSTALLMENT OF $26,400
On April 27, 1999, the Agency approved a resolution to reimburse the State Department of
Veterans Affairs for development impact fees imposed by the Otay Water District for the
Veterans Home Project. At that time, the staffreport outlined the need to reimburse the State
and discussed the terms and conditions ora deferral agreement to pay the balance over a ten-
year period.
Staff recommendation: The Agency adopt the resolution.
ACTION: Chair/Mayor Horton moved to approve staff recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 4-0.
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
6. CONSIDERATION OF THE SALE OF SPACE 35 AT ORANGE TREE MOBILEHOME
PARK
AGENCYRESOLUTION 1633, AUTHORIZING THE COMMUNITY DEVELOPMENT
DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS
FOR SPACE 35 AT ORANGE TREE MOBILEHOME PARK
InNovember 1987, Orange Tree Mobilehome Park converted to resident ownership. The
Agency assisted the residents in purchasing their park. At that time, 29 residents did not wish
to purchase their spaces, and the Agency agreed to purchase them. The residents who did
not purchase their space remained as renters. The Agency's desire is to sell these spaces as
Page 2 - RDA/Council ~:.~,O c~ 06/22/99
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued)
new home buyers move into the park. The Agency currently owns 12 spaces, having sold 17
spaces. The Agency has received an offer to purchase Space 35 from the current occupant.
Staff recommendation: The Agency adopt the resolution (Director of Community
Development)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on
the date and at the time specified in the notice.
Chair/Mayor Horton opened the public hearing and asked if anyone from the audience wished to
speak. There was no response, and the heating was closed.
ACTION: Chair/Mayor Horton offered Agency Resolution No. 1633, heading read, text waived.
authorizing the Community Development Director to execute a purchase contract and
related documents for Space 35 at Orange Tree Mobilehome Park. The motion
carried 3-0, with Agency/Council Member Padilla not present at the dais.
7. PUBLIC HEAR1NG PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33431,
33433, 33444.6 AND 33000 ET. SEQ. TO CONSIDER THE MERITS OF THE SALE OF
REDEVELOPMENT AGENCY PROPERTY AT 350-360 BAY BOULEVARD,
INDUSTRIAL FINANCING ASSISTANCE, AND ACQUISITION BY EMINENT
DOMAIN OF THE RADOS COMPANIES' PROPERTY AT 780 F STREET FOR THE
BFG RELOCATION PROJECT
Staff recommendation: The Agency/Council continue the public hearing to the meeting of
July 13, 1999.
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on
the date and at the time specified in the notice.
ACTION: Chair/Mayor Horton opened the hearing and moved to continue it to July 13, 1999,
as recommended by staff Agency/Council Member Padilla seconded the motion, and
it carried 4-0.
8. PUBLIC HEARING TO CONSIDER A DISPOSITION, DEVELOPMENT AND
HOUSING COOPERATION AGREEMENT FOR AN ELEVEN-UNIT TRANSITIONAL
HOUSING PROJECT KNOWN AS TROLLEY TRESTLE
AGENCY RESOLUTION 1634 AND COUNCIL RESOLUTION 19505, APPROVING A
DISPOSITION, DEVELOPMENT AND HOUSING COOPERATION AGREEMENT AND
RELATED DOCUMENTS WITH SOUTH BAY COMMUNITY SERVICES FOR THE
DEVELOPMENT OF AN ELEVEN (11) UNIT TRANSITIONAL HOUSING
DEVELOPMENT, FOR FOSTER CARE GRADUATES, KNOWN AS TROLLEY
Page 3 - Council/P, DA c~- ,~ 06/22/99
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued)
TRESTLE, LOCATED AT 746 ADA STREET INCLUDING: (A) A $300,000 RESIDUAL
RECEIPTS LOAN FROM THE REDEVELOPMENT AGENCY'S LOW AND
MODERATE INCOM2E HOUSING FUNDS; (B) A $167,600 RESIDUAL RECEIPTS
LAND LOAN FROM THE CITY'S HOME FUNDS; (C) PROJECT DESIGN PLANS;
AND (D) A 38 PERCENT DENSITY BONUS AND A REDUCTION IN REQUIRED
PARKING; ADOPTING AN ADDENDUM TO NEGATIVE DECLARATION 15-93-07b;
AND APPROPRIATING $300,000 FROM THE REDEVELOPMENT AGENCY'S LOW
AND MODERATE INCOME HOUSING SET-ASIDE FUND THEREFOR
South Bay Community Services submitted an Affordable Housing Review Application to the
Community Development Department for the development of an 11-unit transitional housing
project for young adults who have completed the County of San Diego Foster Care Program.
The project is to be known as Trolley Trestle and is located at 746 Ada Street, within the
Southwest Redevelopment Area of Chula Vista.
Staff recommendation: The Agency/Council adopt the resolution.
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on
the date and at the time specified in the notice.
Housing Coordinator Arroyo reviewed the proposed project for Council and the audience. Assistant
City Attorney Googins noted that the community desires security measures in conjunction with the
development, and appropriate modifications will be made to ensure community safety.
John Vogel, 1260 Industrial Boulevard, objected to the proposed project and asked the Council to
ensure the safety of the neighborhood and to investigate current gang activity in the area.
The following people spoke in favor of the Housing Cooperation Agreement:
Kathryn Lembo, 315 4'~ Avenue, Chula Vista, California
Judge James Millken, Juvenile Court
Roberta Arredondo, 1206 Scott Dr., National City, California 91950
Rachel Arredondo, Paradise Motel
Greg Cox, 647 Windsor Circle, Chula Vista, California
There being no further comments, Mayor Horton closed the public hearing.
ACTION: Mayor Horton offered Agency Resolution 1634 and Council Resolution 19505,
approving a Disposition, Development and Housing Cooperation Agreement and
related documents with South Bay Community Services for the development of an
eleven (11) unit transitional housing development for foster care graduates, known
as Trolley Trestle, located at 746 Ada Street, including: (a) a $300,000 residual
receipts loan from the Redevelopment Agency's low and moderate income housing
funds; (b) a $167,600 residual receipts land loan from the City's HOME funds; (c)
Page 4 - Council/RDA ~ _ c~ 06/22/99
project design plans; and (d) a 38 percent density bonus and a reduction in required
parking; adopting an addendum to Negative Declaration 15 -93-07b; and appropriating
$300,000 from the Redevelopment Agency's low and moderate income housing set-
aside fund therefor. The motion carried 4-0.
OTHER BUSINESS
9. DIRECTOR' S/CITY MANAGER' S REPORT
There was none.
10. CHAIR' S/MAYOR' S REPORT
There was none.
11. AGENCY/COUNCIL MEMBERS' COMMENTS
There were none.
ADJOURNMENT
At 7:40 p.m., Chair/Mayor Horton adjourned the meeting to an Adjourned Meeting of the
Redevelopment Agency, City Council and Housing Authority to be held on June 29, 1999 at 6:00
p.m., immediately following the City Council meeting, in the Council Chambers.
Respectfully submitted,
C m~.l~a'~D p ~l~y Ci1 y~l~rk'
Page 5 - RDA/Council c>~ - ~,%-- 06/22/99
JOINT REDEVELOPMENT AGENCY/C~ITY COUNOIL
AGENDA STATEMENT
ITEM NO. ~
MEETING DATE 08/3 1/99
ITEM TITLE: RESOLUTION 1) APPROVING AGREEMENT WITH THE
METROPOLITAN TRANSIT DEVELOPMENT BOARD/SAN DIEGO & ARIZONA
EASTERN RAILWAY COMPANY AND 675 OXFORD, LLC FOR THE DEVELOPMENT
AND MAINTENANCE OF PEDESTRIAN AND VEHICULAR ACCESS TO THE SAN
DIEGO COUNTY FAMILY RESOURCE CENTER OVER THE MTDB PROPERTY
LOCATED ON THE EAST SIDE OF THE SAN DIEGO TROLLEY TRACKS BETWEEN
OXFORD AND PALOMAR STREETS; 2) AUTHORIZING THE RELEASE OF $70,000
FROM THE BILLBOARD RESERVE FUND; 3) APPROPRIATING $51,060 FROM THE
UNAPPROPRIATED BALANCE OF THE TRANSPORTATION PARTNERSHIP FUND
(FUND NUMBER 253); AND 4) APPROPRIATING $65,000 FROM THE AVAILABLE
FUND BALANCE IN THE GENERAL FUND TO BE REPAID WITHIN ONE YEAR WITH
FUTURE MTDB BILLBOARD FUND REVENUES
SUBMII'rED BY: COMMUNITY
DIRECTOR
RBVIL=INED BY: CITY YES X NO )
On May 19, 1998, the Redevelopment Agency approved a Special Use Permit for the establishment of the San Diego
County Family Resource Center {considered a Quasi-Public land use) on the vacant site located at 690 Oxford Street
within the Southwest Redevelopment Project Area (see attached Iocator map). At its meeting of September 22,
1998, the Agency entered into an Owner Participation Agreement with Palomar Station, LLC (subsequently, Palomar
Station, LLC assigned its dghts and responsibilities related to the 0PA to 675 OXFORD, LLC) and approved plans
for the construction of the two-story, 76,886-square foot building to be occupied by the County Family Resource
Center. As a condition of approval of the Special Use Permit and the Owner Participation Agreement, the Agency
requested that the Developer make his best effort to provide adequate and safe access from the proposed building to
the Palomar Trolley Station.
To fulfill the Agency's condition, the Developer proposes to improve the property located east of the San Diego
Trolley tracks between Oxford and Palomar Streets (which is under the ownership of the San Diego and Eastern
Arizona Railroad/Metropolitan Transit Development Board). The use and development of the property requires an
Agreement between the MTDB Board, the Developer (675 Oxford, LLC), and the Redevelopment Agency/City
Council. This agreement is being presented to the Agency/City Council for consideration and includes the design
plans for the installation of improvements on the MTDB site, Palomar Street and Industrial Boulevard. The
agreement also includes a proposed City contribution in an amount not to exceed $186,000 towards the cost of the
improvements.
In addition and as a condition of construction of the building, the Developer was required to install the missing street
improvements along Oxford Street in front of the building and a small section of Naples Street. These improvements,
however, are not part of the Agreement which is the subject of this report.
PAGE 2~ ITEM ~
MEETING DATE 08/31/99
As part of the re-zoning of the property at 690 Oxford Street on April 7, 1998, the City Council adopted Negative
Declaration IS-97-24, which considered the development of 200,000 square feet of office space and the development
of the MTDB site for access. The proposed project falls within the development parameters of that negative
declaration. The Negative Declaration concluded that the project would not create significant environmental impacts.
Staff recommends that the Agency adopt the Resolution approving the Agreement with 675 Oxford, LLC and MTDB,
granting the Developer's request for financial assistance, and authorizing funding from the following sources:
$70,000 from the MTDB Billboard Reserve Fund, contingent on MTDB Board approvals
$51,000 from the unappropriated balance of the Transportation Partnership Fund
$65,000 from the General Fund to be repaid within one year with future MTDB Billboard Reserve Fund revenues
MTDB staff will be presenting this Agreement to the MTDB Board of Directors at their next available meeting.
Development of the Family Resource Center Building
The proposed 2-story building is currently under construction and is expected to be completed by October 1999. The
building will house offices for County employees and an area to service the public. A one-story ancillary structure
located to the north and attached to the main two-story structure will contain classrooms and conference rooms that
will be used for job training and career-orientation sessions (see Exhibit A of Agreement). Among the County
Agencies to be located at this building will be Social Services, Health Center, GAIN (Greater Avenues for
Independence), IHSS (In-House Supportive Services), etc. Typical daily activity will involve members of the public
visiting the premises and meeting with County employees to receive a variety of services. It is estimated that
approximately 1,200 service recipients will visit the site on a daily basis. However this number is expect to diminish
over time due to changes in welfare laws. The approximate number of employees projected to be at the site is 350. It
is estimated that approximately 60% of the service recipients and employees will get to the facility using some form of
public transportation including the San Diego and Chula Vista bus systems and the Trolley. Most of them will arrive
at the Palomar Trolley Station and walk from there to the County Family Resource Center building on Oxford Street.
In order to provide practical and safe access between the two facilities, the improvements to the adjacent facilities
and MTDB property are considered necessary.
Development of MTDB Property
The Agreement being presented to the Agency/City Council includes the development plans for the MTDB site
located on the east side of the San Diego Trolley Tracks between Oxford and Palomar Streets. The site is
adequately located to provide direct access between the Family Resource Center building, Palomar Street, and the
Palomar Trolley Station. The improvement plans for the site include the construction of the following items:
· An 8-foot-wide pedestrian walkway between Oxford Street and Palomar Street;
· A 24-foot-wide two-way private roadway;
· A lighting system along the pedestrian walkway and the private road;
· A surveillance system that includes cameras at different locations on the site;
PAGE 3, ITEM ~/2
MEETING DATE 08/31/99
· Landscaping throughout the site that includes trees, shrubs, ground covers, and hydroseeding;
· MTDB has reserved an area along the western edge of the property for truck access io case there is a future
need for the loading and unloading of rail cargo.
· In addition, the Developer chose to build a water detention basin over half of the MTDB site in order to control
the run-off created by the development of the building site; this allowed him to maximize the development of the
building site.
Improvements to be installed in the public right-of-way include the following items:
· Installation of tubular barriers on the north and south sidewalks on Pa]omar Street to direct pedestrians toward
the intersection of Palomar Street and Industrial Boulevard;
· A 42" high vinyl-coated chain link fence on the median island on Palomar Street to discourage pedestrians from
crossing at mid-block;
· A 42" high vinyl-coated chain link fence adjacent to the south sidewalk on Palomar Street to discourage
pedestrians from crossing the street at mid-block;
· Construction of sidewalk, curb, gutter and pedestrian ramp at the northeast corner of Palomar and Industrial
Boulevard;
· Construction of pedestrian ramp connecting the Palomar Trolley Station and the sidewalk ~on Industrial
Boulevard.
In summary, the required improvement of the MTDB parcel and street improvements will facilitate direct and safe
access between the Palomar Trolley Station and the Family Resource Center building, thus complying with the
condition imposed by the Planning Commission and the Redevelopment Agency as part of the approval of plans for
the development of the Family Resource Center building.
Aqreement with Developer and MTDB
When the Owner Participation Agreement with Palomar Station, LLC (now 675 OXFORD, LLC) for the construction of
the building on Oxford Street was presented to the Agency, staff indicated that an agreement was being prepared for
use and development of the MTDB site. This agreement has been finalized and is being presented to the
Agency/City Council for consideration and approval.
The agreement is entered into by and between 675 Oxford, LLC, the San Diego and Arizona Eastern Railway/the
Metropolitan Transit Development Board, and the Redevelopment Agency/City Council. Through this agreement,
MTDB grants an easement over the site to the Developer for the purpose of providing adequate access from the
Family Resource Center building to Palomar Street and the Palomar Trolley Station. MTDB is requiring
compensation of $20,000 for the easement.
The agreement contains a description of the improvements to be installed on site and over the public right-of-way
and over the MTDB site. The Developer agrees to install and maintain the proposed improvements on the site.
However, the Developer has indicated that the cost of the improvements ranging from $280,000 to $360,000 are
beyond his budget. He has requested assistance from the City to cover the budget deficit. City staff !recommends
that the City provide the Developer financial assistance in an amount not to exceed $186,000 toward the cost of the
improvements to be installed. Any financial assistance provided by the City would be reimbursed to Developer after
the improvements are fully completed to the satisfaction of the City Engineer.
PAGE 4, ITEM ~
MEETING DATE Oe/:~ 1/99
Fundinq soumes
Staff has identified three sources of funding for this project. One source is the MTDB Billboard Reserye Fund. This
fund was created in 1984 as a result of an agreement between the City of Chula Vista, MTDB, and Eller Media
Company and Outdoor Systems (hereinafter referred to as the "Advertising Companies"). The Advertising
Companies were allowed by the City, through a conditional use permit, to keep three billboards located along the
Trolley right-of-way with the condition that they would contribute toward a fund for landscape improvements along
the Trolley right-of-way. The City of Chula Vista and MTDB have discretion over the use of this fund. MTDB
receives and ovemees the revenues. The contract with the Advertising Companies is set to expire in tile year 2000.
However, the Advertising Companies have already contacted the City to request extension of the conditional use
permit and renewal of the contract.
Based on information from MTDB staff, the Billboard Reserve Fund had approximately $149,000 by Jane 30, 1999.
However, $54,000 has already been committed to the construction of a landscaping project along the Trolley right-of-
way. This project was approved by the City Council in 1997 and will begin construction by this summer. This
encumbrance leaves a balance of approximately $95,000. Given that the landscaping project along thc Trolley dght-
of-way will be constructed by the end of 1999 and will be in need of maintenance, it is necessary to set. iside $25,000
to cover the maintenance cost for the first year after completion of the project. This additional encumbr race leaves a
balance of $70,000 that may be used to cover some of the costs of the improvements on the MTDB site
The only caveat related to the use of the MTDB Billboard Reserve fund is that it will require the use ( monies that
could be used for future landscape improvements along the Trolley right-of-way. Currently, the onl, landscaping
project being implemented is the one previously discussed above which will soon begin construction. Uther phases
of this project are planned for the future and will require funding. Since the contract with the Advertisiqg Companies
is set to expire in 2000, and renewal is uncertain, funding for future landscape projects along the Trolle~' right-of-way
may not be available. Staff currently has reasonable expectations that the contract will be renewed andlthe funds will
continue to accrue.
The other funding source identified is the Transportation Partnership Fund (TPF). This is the City's iund in which
monies received as reimbursement on City funded projects under the State/Local Transportation Partnership
Program (SLTPP) were deposited. The SLTPP was a State revenue sharing program to assist local agencies by
sharing the costs associated with the improvement of local streets. Monies in this fund may only be u~ed to pay for
the costs of installing street related improvements within the public right-of-way.
The third funding source is the General Fund. Staff is recommending that a loan in the amount df $65,000 be
granted in order to reach the $186,000 needed to complete the improvements. This loan can be irepaid to the
General Fund from future MTDB Billboard Reserve Fund revenues. As indicated previously, thee Advertising
Companies are currently in negotiations with the City to renew the Agreement and extend the Conditional Use Permit
that will allow them to maintain three billboards along the Trolley dght of way within the limits of the City. It is
expected that this arrangement between the City and the Advertising Companies will result in potential revenue to the
City in an amount between $50,000 to $75,000 per year which can be used to reimburse the General I~und. If future
Billboard Reserve Fund revenues are not available, staff recommends the loan be repaid with fulnds from the
Residential Construction Tax (RCT) Fund.
The use of the MTDB Billboard fund and the TPF fund as well as a loan from the General Fund to be I~aid back in a
year will help to close the Developer's budget deficit with a minimum fiscal impact for the City. .
PAGE 5~ ITEM
MEETING DATE 0 ~/31/99
Staff's Analysis
Staff believes the request from the Developer for financial assistance for the installation of improvemEnts within the
MTDB site and on the public right-of-way is reasonable and justifiable for the following reasons:
· The Developer came forward with a proposal to develop the 14-acre parcel on Oxford Street wi' ich had been
vacant for a long time with limited possibilities for development;
· The two-story office building is being built by the Developer and privately financed with no assist race from the
City or County;
· This project will create significant benefits for the community by improving and putting to use blighted, vacant
pamels;
I
· The project will also contribute to bdng new potential customers for local businesses;
· Although the MTDB parcel is outside of the Developer's parcel, the Planning CommisSion and the
Redevelopment Agency requested the improvements as part of the conditions on the Developer's project to
provide adequate and safe access for pedestrians;
· The Developer is contributing approximately $135,000 toward the cost of the improvements.
· The Developer will be in charge of maintaining the improvements on the MTDB property a~; part of the
maintenance of his own project;
· Normally development expenses are recouped through the lease agreement. In this case however, the
Developer's lease with the County was pre-negotiated and, consequently, he cannot increase the ease costs to
allow him to recoup the additional cost of the public improvements on the MTDB site.
· Since the improvements are public and located within a redevelopment project area, staff !elieves
it
is
appropriate that the City/Agency help defray the added financial burden.
Staff believes that the use of the existing and future MTDB Billboard and TPF funds for the inst~llation of the
improvements on the MTDB site and on the public right-of-way around Palomar and Industrial is appropriate for the
following reasons:
· There are no other funding sources currently available for this project. Normally, tax-increment re/enues would
be used to assist this type of public project. However, the economic conditions of the past s ~ years have
prevented the Southwest Redevelopment Project Area from accumulating suff~cient funds to assist :his project.
· The proposed improvements are directly related to the purpose set forth for the proposed funding ;ources. The
MTD@ Billboard fund was created to improve the Trolley right-of-way, the area around the Trolle stations, and
the main entrances to the City from Interstate 5. The proposed improvements to the MTDB site rill fulfill these
goals by improving a vacant parcel highly visible from the Trolley tracks, by providing safe acces~ to the Trolley
Station, and by contributing to increased Trolley ridership. The MTDB site is located on one, ~f the busiest
entrances to the City from 1-5 and next to one of the most commercially active areas.
· The proposed improvements are also consistent with the purpose of the TPF, which is to improve t ~e City's local
street infrastructure and the public right-of-way. The TPF funds were received from the State as part of a
previous transportation related revenue sharing program. These funds are required to ~e spent on
improvements that are going to enhance the City's street infrastructure.
MEETING DATE 3 9
It should be noted that City staff and the Developer approached the County of San Diego and MTDB r~questing their
financial contribution toward the cost of the improvements, It is believed that the improvement of the MTDB~ite will benefit
both entities, The County will have safe and adequate access between the building and the Palomar TrolleyJ Station for its
employees and customers~ MTDB will receive the benefits of blight removal from its properly and increase~ ridership for
the San Diego Trolley. However, both entities declined to contribute financially claiming a lack of funding Sources and a
lack of direct benefits from the proposed project.
funding sources for this grant are the MTDB Billboard Reserve Fund ($70,000) and the Transportatio ~ Partnership
Fund ($70,000), plus a loan for one year from the General Fund to be repaid from future MTDB Billb )ard Reserve
Fund revenues. The MTDB fund provides revenues from a contract with Bier Media Company and Out( oor Systems.
The funds are administered by the MTDB, but the City Council has discretionary approval over this rune. Renewal of
the contract with these companies will result in potential revenues for the City in an amount betwe( n $50,000 to
$75,000. The TPF is a funding source that provides one-time funding for City projects. The Agreemer l requires the
Developer to maintain the improvements within the MTDB property as part of the maintenance ,f the Family
Resource Center project.
H:\HOME\COMMDEWSTAFF.REP\07-13-99\MTDB MOU.doc 8/25/1999
AGENCY RESOLUTION NO.
AND
COUNCIL RESOLUTION NO.
JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA: 1)
APPROVING AGREEMENT WITH THE METROPOLITAN TRANSIT
DEVELOPMENT BOARD/SAN DIEGO & ARIZONA EASTERN
RAILWAY COMPANY AND 675 OXFORD, LLC FOR THE
DEVELOPMENT AND MAINTENANCE OF PEDESTRIAN AND
VEHICULAR ACCESS TO THE SAN DIEGO COUNTY FAMILY
RESOURCE CENTER OVER THE MTDB PROPERTY LOCATED ON
THE EAST S~DE OF THE SAN DtEGO TROLLEY TRACKS BETWEEN
OXFORD AND PALOMAR STREETS; 2) AUTHORIZING THE
RELEASE OF $70,000 FROM THE BILLBOARD RESERVE FUND; 3)
APPROPRIATING $51,000 FROM THE UNAPPROPRIATED BALANCE
OF THE TRANSPORTATION PARTNERSHIP FUND (FUND NUMBER
253); AND 4) APPROPRIATING $65,000 FROM THE AVAILABLE
FUND BALANCE IN THE GENERAL FUND TO BE REPAID WITHIN
ONE YEAR WITH FUTURE MTDB BILLBOARD FUND REVENUES
WHEREAS, the Redevelopment Agency entered into an Owner Participation Agrffement with
Palomar Station, LLC (subsequently, Palomar Station, LLC assigned its rights and responsibilities related
to the OPA to 675 OXFORD, LLC) (hereinafter referred to as "Developer") effective as of S~ptember 22,
1998 for the construction of a 76,886 square foot office building to be located at 690 Oxford ~treet, Chula
Vista, California; and ~
WHEREAS, the Developer has commenced a subdivision of its property into two i parcels and
both parcels will be subject to the terms of this agreement; and
WHEREAS, the said building will be leased to the County of San Diego for the establishment of
the South Bay Regional Health and Human Services Agency Family Resource Cente~(hereinafter
referred to as the "Family Resource Center") and for which purpose the Redevelopment Agency granted
a Special Use Permit to the Developer on May 19, 1998 pursuant to Resolution 1583; and
WHEREAS, the Family Resource Center will serve an average of 1200 people per ~Jay of whom
approximately sixty per cent will use all forms of public transportation whose local stop isthe Palomar
Station of the San Diego Light Rail Transit System (hereinafter referred to the "Palomar LRT Station");
and
WHEREAS, the most practical route for clients of the Family Resource Center is Ibetween the
Palomar LRT Station and the Property east of the Light Rail tracks between Palomar and qxford Street;
and
WHEREAS, said property (hereinafter referred to as the "MTDB Site") is owned by the San Diego
and Arizona Eastern Railway which is a subsidiary of MTDB and is under the control of The Board of
Directors of the MTDB; and
WHEREAS, MTDB is willing to grant an easement to the Developer for ingress and egress over
part of the MTDB site ("the Ingress and Egress Easement"), and the area of the ngress and Egress
Easement is approximately 18,170 square feet; and
WHEREAS, MTDB is willing to grant an additional easement for landscape installation and
landscape maintenance over the remainder of the MTDB site ("the Landscape EasemeOt") which is
approximately 65,903 square feet; and
WHEREAS, City/RDA and MTDB have determined that certain improvements for Palomar Street
and Industrial Boulevard and the LRT Station including curbs, curb returns, striping, fencing, pedestrian
barriers and other related improvements need to be constructed on and around the MTDB site to
preserve the public health, safety and welfare; and
WHEREAS, the construction of such improvements and use of the MTDB site foriingress and
egress, landscaping and signage is necessary for the Project and shall implement the Southwest
Redevelopment Project Area Plan by eliminating blighting influences, facilitating the devel~)pment and
operations of a new building, and putting vacant parcels to higher and better uses; and
WHEREAS, the Developer is willing to improve the MTDB site and the Easement Area and
provide certain street and sidewalk improvements to Palomar Street and Industrial Boplevard and
improvements to the Palomar LRT Station (which improvements are collectively referred to ab the related
improvements or "related improvements"); and
NOW, THEREFORE, BE IT RESOL'~ED that the City Council and Redevelopment Agency of the
City of Chula Vista do hereby find, order, determine and resolve as follows:
1. The City and Redevelopment Agency, as Responsible Agencies under CEQA, have considered
Negative Declaration IS-97-24 previously adopted by the City Council, and the environmental effects of the
Project as described therein, in reaching its decision hereunder.
2. The proposed Project is consistent with the Southwest Redevelopment Plain and shall
implement the purposes thereof by eliminating blighting influences, installing new improvements, and
putting vacant a parcel to higher and better use.
3. The City and Redevelopment Agency hereby approve the project and Agreen~ent with the
Metropolitan Transit Development Board/San Diego & Arizona Eastern Railway Company and 675 Oxford,
LLC for the development and maintenance of pedestrian and vehicular access to the San I~iego County
Family Resource Center over the MTDB property located on the east side of the San Diego Trolley tracks
between Oxford and Palomar Streets.
4. In order to implement the terms of the Agreement, the City hereby authorizes the release of
$70,000 from the Billboard Reserve Fund; appropriates $51,000 from the un-appropriated b~lance of the
Transportation Partnership Fund (fund number 253); and appropriates $65,000 from the a~/ailable fund
balance in the General Fund to be repaid within one year with future MTDB Billboard Fund Revenues.
The Mayor and Chairman of the City Council and Redevelopment Agency are hereby authorized to execute
the subject Agreement.
Presented by Approved as to form by
Chris Salomone John~. Kaheny //'/'
Director of Community Development /~Attorney and Agency Co~
/
Family Resource Center ~-~'~~
Project Applicant: The Greenwald Co. go.n,
Cilyl epartment
if Chula lflsta
276 ~urth Avenue
Chul~ ~Vtsta gA 91910
619.691.5i ,79/619.~76.5310 R~X
cvcemdev ~cl.chula-vlsta.ca.us
HOME
BASE
' HARBORSIDE
ELEMENTARY
SCHOOL
MHP
COSTCO
PRICE CLUB
SDG&E
PALOMAR
COMMERCE
COMMERCIAl CENTER
USES
LOCATOR:(~ Horth
SCALE:
Ne Scale
jDATE:
August 98
Recording Requested by and When
Recorded Return to:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance to a
public agency of less than a fee interest for which
no cash consideration has been paid or received.
> Above Space for Recorder's Use Only
AGREEMENT FOR USE OF MTDB RIGHT OF WAY AND
DEVELOPMENT OF CERTAIN OFF-SITE IMPROVEMENTS FOR THE C£ UNTY
SOUTH BAY FAMILY RESOURCE CENTER
AGREEMENT FOR USE OF MTDB RIGHT OF WAY AND
DEVELOPMENT OF CERTAIN OFF-SITE IMPROVEMENTS FOR THE COUNTY
SOUTH BAY FAMILY RESOURCE CENTER
TABLE OF CONTENTS
RECITALS .................................................................................................................................. 1
1. EASEMENT OVER THE MTDB SITE ................................................................................ 3
1.1 Purposes of Easements Agreements ...................................................... ~ 3
1.2 Easements in Perpetuity ......................................................................... i 3
1.3 Reserved Rights ..................................................................................... ~ 3
1.4 Payment for Ingress and Egress Easement ............................................ ; 3
1.5 Payment for Landscape Easement ......................................................... : 3
2. IMPROVEMENT OF THE MTDB SITE AND RELATED IMPROVEMENTS ....................... 3
2.1 EASEMENT IMPROVEMENTS .............................................................. i 3
2.1.1 Ingress and Egress Easement Improvements ............................... 3
2.1.2 Landscape Easements Improvements .......................................... : 4
2.1.3 Additional Improvements to the Landscape
Easement for Rails Cargo Uses ................................................... : 4
2.2 RELATED PALOMAR LRT STATION IMPROVEMENTS ....................... ~ 4
2.2.t Palomar LRT Station .................................................................... .4
2.2.2 Palomar Street - Street Improvements
at Northeast and Southeast Corners of
Palomar Street and Industrial Boulevard ...................................... :. 5
2.2.3 Palomar Street Median and Sidewalk Fencing ............................. .5
2.2.4 MTDB Installed Improvements ...................................................... 5
2.3 CONSTRUCTION OF IMPROVEMENTS ................................................ 5
2.4 INSPECTIONS AND ACCEPTANCE ...................................................... .6
2.5 RAILROAD RIGHT OF WAY .................................................................. i. 6
2.6 PAYMENT FOR IMPROVEMENTS ........................................................ .6
2.6.1 Preliminary Site Work .................................................................... 6
2.6.2 City Contribution ........................................................................... .6
2.6.3 Developer Responsible for All Other Costs ................................... :. 7
2.7 HOLD HARMLESS .................................................................................. 7
2.8 RIGHT OF ENTRY PERMIT .................................................................... 7
2.9 EXCEPTION FOR CERTAIN LANDSCAPE IMPROVEMENTS .............. .7
AGREEMENT FOR USE OF MTDB RIGHT OF WAY AND
DEVELOPMENT OF CERTAIN OFF-SITE IMPROVEMENTS FOR THE COUNTY
SOUTH BAY FAMILY RESOURCE CENTER
TABLE OF CONTENTS
3. MAINTENANCE OBLIGATIONS ........................................................................................ 7
3.1 OWNER RESPONSIBILITIES ....... ; ................................................. ; ....... 7
3.2 RESTORATION ....................................................................................... 8
3.3 CORRECTION AND LIEN ....................................................................... 8
3.4 FIRST CLASS CONDITION DEFINED .................................................. ~. 8
4. ADDITIONAL OBLIGATIONS; BINDING ON SUCCESSORS AND ASSIGNS ................... 8
4,1 INSURANCE ........................................................................................... 8
4.2 INDEMNITY ............................................................................................. 9
4,3 AGREEMENT RUNS WITH THE LAND .................................................. 9
5, GENERAL PROVISIONS ................................................................................................. 10
5.1 ACTS TO FURTHER AGREEMENT ...................................................... 10
5.2 ENTIRE AGREEMENT .......................................................................... 10
5.3 AUTHORITY OF SIGNATORIES ........................................................... 10
5.4 MODIFICATION .................................................................................... 10
5.5 SEVERABILITY ..................................................................................... 10
5.6 RECORDING ......................................................................................... 10
5.7 MORTGAGEE PROTECTION ............................................................... 11
SIGNATURE PAGE ................................................................................................................ 12
LIST OF ATTACHMENTS ........................................................................................................ 13
Exhibit A. Legal Description of the 690 Oxford Property
Exhibit B. Tentative Parcel Map
Exhibit C. MTDB Easement Plot and Legal Description of the Ingress and
Egress Easement Areas
Exhibit D. Legat Description of the Landscape Easement Area
Exhibit E. Improvement Plans for the Easement Areas and the Related
Improvements and Landscaping (10 pages)
Exhibit F. Form of Agreement for Ingress and Egress Easement
Exhibit G. Form of Agreement for Landscaping Easement
Exhibit H. Construction Cost Estimates for the MTDB Site Improvements
AGREEMENT FOR USE OF MTDB RIGHT OF WAY AND
DEVELOPMENT OF CERTAIN OFF-SITE IMPROVEMENTS FOR THE COUNTY
SOUTH BAY FAMILY RESOURCE CENTER
This AGREEMENT FOR USE OF MTDB RIGHT OF WAY AND DEVELOPMENT
OF CERTAIN OFF-SITE IMPROVEMENTS FOR THE COUNTY SOUTH BAY FAMILY
RESOURCE CENTER ("Agreement") is hereby made and entered into and effective as of
August 24, 1999 by and between THE CITY OF CHULA VISTA ("City"), THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ("RDA"), 276 Fourth
Avenue, Chula Vista, CA 91910, and THE SAN DIEGO ARIZONA AND EASTERN
RAILWAY COMPANY AND THE SAN DIEGO METROPOLITAN TRANSIT
DEVELOPMENT BOARD, a public agency, (hereinafter collectively referred to as "MTDB");
1255 Imperial Avenue, Suite 1000 San Diego, California 92101 and 675 OXFOIRD, LLC,
(the "Developer"), a California limited liability company located at Suite 710, 1420 Kettner
Boulevard, San Diego, California 92101, with reference to the following facts:
WlTNESSETH:
WHEREAS, on September 22, 1998, the RDA approved the construction of an
approximate 76,885 square foot office building (the "Project") to be located at 690 Oxford
Street, Chula Vista, California, the legal description of such property is as more particularly
described on Exhibit A attached hereto (the "Property"); and,
WHEREAS, the Developer has commenced a subdivision of its property into two
parcels and both parcels will be subject to the terms of this Agreement, and a copy of the
tentative subdivision map is attached hereto as Exhibit B; and,
WHEREAS, the building to be built on Parcel I of Exhibit B will be leased to the
County of San Diego for the establishment of the South Bay Regional Health and Human
Services Agency Family Resource Center (the "Family Resource Center") and for which
purpose the RDA granted a Special Use Permit to the Developer, or its successors, on
May 19, 1998 ("SUP"); and,
WHEREAS, the Family Resource Center will serve an average of 1200 people per
day of whom approximately sixty per cent will use all forms of public transportation whose
local stop is the Palomar Station of the San Diego Light Rail Transit System (the "Palomar
LRT Station"); and,
WHEREAS, the most practical route for clients of the Family Resource Center is
between the Palomar LRT Station and the Property east of the Light Rail tracks between
Palomar Street and Oxford Street; and,
AGREEMENT-August 16, 1999 ,~ _ f~ Page -1-
WHEREAS, said property (the "MTDB Site" and indicated on Exhibit C attached
hereto) is owned by the San Diego and Arizona Eastern Railway, which is a subsidiary of
MTDB and is under the control of The Board of Directors of the MTDB; and
WHEREAS, MTDB is willing to grant an easement to the Developer for ingress and
egress over part of the MTDB Site (the "Ingress and Egress Easement"), and the area of
the Ingress and Egress Easement is legally described on Exhibit C attached hereto and
consists of approximately 18,170 square feet; and,
WHEREAS, MTDB is willing to grant an additional easement for landscape
installation and landscape maintenance over the remainder of the MTDB Site (the
"Landscape Easement") which is legally described on Exhibit D attached hereto consists
of approximately 65,903 square feet; and,
WHEREAS, City/RDA and MTDB have determined that certain improvements for
Palomar Street and Industrial Boulevard and the Palomar LRT Station including curbs, curb
returns, striping, fencing, pedestrian barriers and other related improvements need to be
constructed on and around the MTDB Site to preserve the public health, safety and
welfare; and
WHEREAS, the construction of such improvements and use of the MTDB Site for
ingress and egress, landscaping and signage is necessary for the Project and shall
implement the Southwest Redevelopment Project Area Plan by eliminating blighting
influences, facilitating the development and operations of a new building, and putting
vacant parcels to higher and better uses; and,
WHEREAS, the Developer is willing to improve the MTDB Site and the easement
areas and provide certain street and sidewalk improvements to Palomar Street and
Industrial Boulevard and improvements to the Palomar LRT Station (which improvements
are collectively referred to as the "Related Improvements") all of which are shown on the
improvement plans attached hereto as Exhibit E on the terms and conditions set forth
herein; and,
WHEREAS, the parties hereto wish to set forth and agree to the Ingress and Egress
Easement and the Landscape Easement and the specific improvements and the uses of
the MTDB Site and their various responsibilities for payment; and
WHEREAS, upon construction of the Related Improvements, the Developer shall
have satisfied its obligations under Condition 3 of the SUP.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
contained herein, the parties agree as follows:
AGREEMENT-August 16, 1999 ~.~ f ~' Page -2-
1. EASEMENT OVER THE MTDB SITE. MTDB grants the Ingress and Egress
Easement and the Landscape Easement (collectively the "Easements") to the Developer
upon, over and across the MTDB Site on the following terms and conditions:
1.1 Purposes of Easement Agreements. The purposes of the Easements
are for the construction, maintenance and repair of landscaping, drainage,
monument signs, and for public pedestrian and vehicular access to and from
the Property. The Easements shall be granted in substantially the form of
the Easement Agreements attached hereto as Exhibit F and Exhibit G.
1.2 Easements in Perpetuity. The Easements are to be p,erpetual
easements in favor of the Developer and its successors and assigns for the
benefit of both Parcel 1 and Parcel 2 as described in Exhibit B as the
dominant tenement, and with respect to which parcels the Easements shall
run with the land.
1.3 Reserved Rights. MTDB reserves the right to use a portion of the
Landscape Easement Area for vehicular ingress and egress for the loading
and unloading of rail cargo and related purposes, as more particularly
described in the Landscape Easement Agreement, the form of which is
attached hereto as Exhibit G.
1.4 Payment for Ingress and Egress Easement. Upon recording of the
Ingress and Egress Easement Agreement, the form of which is attached
hereto as Exhibit F, the Developer shall pay to MTDB Seventeen Thousand
Dollars ($17,000) for the Ingress and Egress Easement.
1.5 Payment for Landscape Easement. Upon recording of the La~ndscape
Easement Agreement, the form of which is attached hereto as Exhibit G, the
Developer shall pay to MTDB Three Thousand Dollars ($3,000.00) for the
Landscape Easement.
2. IMPROVEMENT OF THE MTDB SITE AND RELATED IMPROVEMENTS.
2.'1 Easement Improvements. The Easements shall be fully improved by
the Developer as follows:
2.'1.1 Ingress and Egress Easement Improvements. The Ingress
and Egress Easement Area shall be graded, and shall be improved
with a two-lane driveway and pedestrian sidewalk, landscaping and
fencing. The driveway and pedestrian sidewalk shall be landscaped
and street lighting and monument signage shall be provided all as
more specifically provided in Exhibit E attached hereto. At the
AGREEMENT- August 16, 1999 ~? - /' ~%~ Page -3-
Developer's sole discretion, two or more television surveillance
cameras shall be mounted in the area.
2.'1.2 Landscape Easements Improvements. The Landscape
Easement Area shall be graded as shown on Exhibit E and shall be
improved with landscaping, irrigation and drainage improvements as
shown on Exhibit E attached hereto. Landscaping shall be provided
in accordance with Exhibit E modified to meet the landscape budget
amount set forth in Exhibit H. The Developer may reduce plant sizes
and substitute plant types to achieve the landscape budget amount.
However, the City reserves the right, in its discretion, to enhance the
landscaping and to increase the landscape budget amount up to an
additional $5,000, which increase shall be paid by the City to the
Developer and funded from any available sources. Any modifications
to the Improvement Plans after approval of this Agreement shall be
reviewed and reasonably approved by the City. At MTDB's discretion,
the Developer shall install the driveway aprons on Palomar and
Oxford Streets in accordance with the details shown on Exhibit E.
Such installation shall be reimbursed to the Developer by MTDB.
2.1.3 Additional Improvements to the Landscape Easement for
Rail Cargo Uses. In the event that MTDB reasonably determines
that additional improvements are necessary to support the imminent
use of the MTDB Site for the loading and unloading of rail cargo, as
more particularly described in Section 1.3 of this Agreement, then
MTDB at its sole cost shall install any required additional
improvements in accordance with a schedule and plans to be
reasonably agreed upon by the parties.
2.2. Related Palomar LRT Station Improvements. The Related
Improvements on or around the Palomar LRT Station shall be constructed
by the Developer or by MTDB as indicated below. Such improvements are
more particularly described in the improvement plans attached hereto as
Exhibit E.
2.2.1 Palomar LRT Station. The Developer shall be responsible for:
the sidewalk on the west side of the Palomar LRT Station tracks shall
be improved with a disabled access ramp to connect with the
sidewalk along Industrial Boulevard. The northern-most portion of the
sidewalk extending north to Palomar Street on the east side of the
LRT tracks shall be removed and replaced with landscapi;ng and a
forty two (42") inch high, vinyl-coated chain link fence shall be
installed at the southern boundary of the sidewalk on the south side
of Palomar Street.
AGREEMENT- August 16. 1999 .~'~ - / (¢~ Page -4-
2.2.2 Palomar Street- Street Improvements at Northeast and
Southeast Corners of Palomar Street and Industrial Boulevard.
The Developer shall be responsible for: The curb return at the
southeast corner shall be adjusted to reroute the northbound right turn
movement from Industrial Boulevard onto Palomar Street by means
of traffic striping. New street striping for pedestrian lanes shall be
painted across Palomar Street. Pedestrian_ramps shall be installed on
the northeast corner as shown on the improvement plans_attached
hereto as Exhibit E. A portion of the existing median will be modified
to allow the installation of the pedestrian crosswalk across Palomar
Street. The City Engineer of the City may require alterations to the
plans for Palomar Street curbs and curb returns prior to final
completion.
2.2.3 Palomar Street Median and Sidewalk Fencing. The
Developer shall be responsible for: Median fencing constructed of
vinyl-coated chain link fence at least three feet six inches high shall
extend from the eastern edge of the LRT tracks 250 feet to the east.
On the north side of Palomar Street at the sidewalk entering the
Easement Area a pipe rail fence will be installed with a notice to
pedestrians to cross at the corner of Palomar Street and Industrial
Boulevard. Sidewalk fencing will be installed in accordance with the
plan shown as part of Exhibit E.
2.2.4 MTDB Installed Improvements MTDB shall remove the
parts of the rubber track median at the intersection of Palomar Street
and Industrial Boulevard to impede pedestrians crossing Palomar
Street from using the track median as a right of way. In addition,
MTDB shall install a sign on both sides of the Palomar LRT Station
indicating that passengers should use the sidewalk along Industrial
Boulevard as access to the Family Resource Center. These
improvements shall be paid for by the Developer.
2.3 Construction of Improvements. The Developer shall process and
obtain approval from the City Engineer of all required plans and receive
required permits for construction of all improvements described in Section
2.2, above, excluding those described in Section 2.2.4 which shall be the
responsibility of MTDB. Ali the Developer contracts for construction of the
improvements shall be awarded pursuant to the applicable competitive
bidding process provided in Public Contracts Code Sections 20688.2 and
20612. Prevailing wages shall be paid in accordance with the requirements
of Health and Safety Code Section 33424, et seq. The Developer shall fully
pay for all materials joined or affixed to the Easement Areas or other Project
AGREEMENT-August 16, 1999 ..~ / '~ Page -5-
property and shall pay in full all persons who perform labor in connection
therewith. The Developer shall not permit or suffer any mechanics' liens or
materialman's liens of any kind or nature to be enforced against the property
for any work done or materials furnished at the Developer's instance or
request.
2.4 Inspections and Acceptance. The Developer shall contact the City and
MTDB for final inspections and approval prior to accepting the construction
work governed by this Agreement as complete. Such approval by the City
· and MTDB shall not be unreasonably delayed or withheld and shall be
delivered to the Developer in writing. Upon approval, the City shall accept
and become responsible for normal maintenance and repair of the Developer
installed improvements in the public right of way and MTDB shall accept and
become responsible for all repair and maintenance of the Developer installed
improvements On the LRT property except as otherwise specifically provided
by the last sentence of this paragraph. These improvements are described
in Section 2.2 hereof and are hereinafter referred to as "The Accepted
Improvements." The Developer shall remain responsible for design and
construction defects during the normal warranty period.
2.5 Railroad Right of Way. If necessary, MTDB shall submit an application
to the California Public Utilities Commission, per General Order No. 88-A,
Rules For Altering Public Railroad-Highway Grade Crossings, to effect the
alterations contemplated in this Agreement, and diligently pursue the
approval of said application to completion.
2.6 Payment for Improvements.
2.6.1. Preliminary Site Work. The Developer will perform and pay
for removing railroad ties, all design and permits for the Related
Improvements, and grading of the Easement Area in accordance with
the grading plans attached as part of Exhibit E.
2.6.2 City Contribution. The City shall reimburse the Developer for
direct costs incurred by Developer, with credits for any payments
made by MTDB, for the completion of the improvements described in
Section 2 up to an amount not to exceed One Hundred and Eighty Six
Thousand Dollars ($186,000) ("Maximum City Contribution") based on
a competitive bidding process approved by the City Engineer. The
City's reimbursement agreement is based on the aggregate cost
estimates for the improvements set forth on Exhibit H attached hereto.
The City shall fund such obligation with: 1) $70,000 from the
City/MTDB Billboard Reserve Fund; 2) $65,000 from a General Fund
loan to be repaid within one year with future MTDB Billboard Reserve
¢ - /~ Page-6-
AGREEMENT- August 16, 1999 ~ -
Fund revenues; and 3) the remainder from other eligible sources.
Such amount shall be due and payable within fifteen days after the
occurrence of the last of all following conditions:
2.6.2.1 Completion to the reasonable satisfaction of the City
Engineer and the Planning and Community Development
Directors of the improvements described in Section 2 in
accordance with the plans attached hereto as Exhibit E;
2.6.2.2 City issuance of a Certificate of Occupancy for the
Family Resource Center; and
2.6.2.3 City approval of the Developer's statement of costs
demonstrating the direct expenditure of at least the Maximum
City Contribution on the Developer installed improvements in
Section 2.1 and 2.2, and indicating the cost of street
improvements done within the City's right-of-way.
2.6.3 Developer Responsible for All Other Costs. Except as
expressly provided in Section 2.6.2 above, the Developer shall be
responsible for all other costs incurred in connection with the Section
2 improvements and the Family Resource Center project.
2.7 Hold Harmless. Developer agrees to indemnify and hold harmless the
City/RDA and MTDB and to defend such parties from and against any and
all claims, losses, demands, actions, charges, costs, and liabilities (including,
without limitation, attorney's fees and costs) of any kind whatsoever held or
asserted against such parties as a result of the construction, repair or
maintenance of the Developer installed improvement described in Section
2 excluding, however, the repair or maintenance of the Accepted
Improvements by the City/RDA and MTDB.
2.8 Right of Entry Permit MTDB will grant a "Right of Entry Permit" to the
RDA or its designee in a timely manner prior to the start of construction.
2.9 Except for certain landscape improvements designated by the City
Engineer which may be installed by the City after the issuance of the
Certificate of Occupancy ("C of O") for the Project, all other Related
Improvements shall be completed prior to issuance of C of O.
3. Maintenance Obligations.
3.1 Owner Responsibilities. Throughout the term of this Agreement, and
the term of the Easements granted in connection herewith, the Developer
AGREEMENT- August 16, 1999 ~ / ¢] Page -7-
and its successors and assigns, as and for the time that such party is the
owner of the Project and the benefited property, hereby covenants and
agrees to maintain the Easement Areas and the Section 2.1 Improvements
thereon, at its sole cost and expense, in first class condition and repair, in
accordance with a maintenance plan, provided by Developer, approved by
MTDB and the City/RDA, as same may be amended from time to time, and
in accordance with all applicable laws, permits, licenses and other
governmental authorizations, rules, ordinances, orders, decrees and
regulations now or hereafter enacted, issued or promulgated by federal, state
or local agencies or courts.
3.2 Restoration. The Owner shall promptly and diligently repair, restore,
alter, add to, remove, and replace, as required the landscaping and
improvements on the Easement Areas to maintain or comply as above, or to
remedy all damage to or destruction of all or any part of the improvements.
Any repair, restoration, alteration, addition, removal, maintenance,
replacement and other act of compliance under this paragraph (hereafter
collectively referred to as "Restoration") shall be completed by the Owner of
the Project whether or not funds are available from insurance proceeds or
subtenant contributions.
3.3 Correction and Lien. If the Owner fails to maintain the Property in a
"first class condition," MTDB, City/RDA or their respective agents shall have
the right after forty-five (45) days written notice to the Owner to go on the
Property and perform the necessary maintenance. The cost of said
maintenance shall become a lien against Parcel 1 and Parcel 2 as described
in Exhibit B. Such parties shall have the right to enforce this lien by
forwarding the amount to be collected to the Tax Assessor who shall make
it part of the then Owner's tax bill.
3.4 First Class Condition Defined. "First class condition" and repair,
means Restoration which is necessary to keep the Easement Areas and
improvements in efficient and attractive condition, at least substantially equal
in quality to the condition which exists when the improvement are completed
and approved by the MTDB and the City/RDA.
4. Additional Obligations; Binding on Successors and Assigns.
4.1 Insurance. The Owner agrees to procure and maintain in effect
throughout the term of this Agreement, at its sole cost and expense, a policy
of comprehensive general liability insurance with respect to the Easement
Areas written on a per occurrence basis in a coverage amount of not less
than $1,000,000, combined single limit. The insurer issuing such insurance
shall have a Best's rating of'%, Class VII" or better and shall be an admitted
AGREEMENT - August 16, 1999 .~7~ ~ ~ O Page -8-
carrier in California. Said insurance shall be primary insurance and shall
name the MTDB, the City/RDA, and their respective officers, employees, and
agents as additional insureds. The Owner shall provide the City/RDA with
a Certificate of Insurance within sixty (60) days after the effective date of this
Agreement. Said policy of insurance shall provide that said insurance may
not be amended such that it no longer complies with this section or canceled
without providing thirty (30) days prior written notice to the City/RDA. In the
event that said policy of insurance is canceled, the Owner shall provide the
City with new evidence of insurance in conformance with this section prior
' to the cancellation date.
4.2 Indemnity. Each agency participating in this Agreement shall defend,
indemnify, and hold harmless each other participating agency from all costs,
demands, actions, liability or loss which may arise or be incurred as the
result of injury or damage to persons or property in connection with its own
performance under this Agreement. The Owner understands and agrees
that the MTDB and the City/RDA, as indemnitee, or any officer, agent, or
employee thereof, shall not be liable for any injury to person or property
occasioned by reason of the acts or omissions of the Owner, its agents,
employees, successors, or assigns, related to the Owner's maintenance
activities in the Easement Areas. The Owner further agrees to protect and
hold the MTDB, the City/RDA and their respective officers, agents, and
employees, harmless from any and all actions, suits, claims, damages to
persons or property, costs, penalties, obligations, errors, omissions,
demands, liability, or loss of any sort (herein "claims or liabilities"), that may
be asserted or claimed by any person, firm, or entity because of or arising
out of or in connection with the use, maintenance, or repair of the Easement
Areas by the Owner, its agents, employees, successors, assigns, members,
or contractors, excepting the negligence or willful misconduct on the part of
the indemnitees.
4.3 Agreement Runs with the Land. The burden of the covenants
contained in this Agreement ("Burden") touches and concerns Parcel 1 and
Parcel 2 as described in Exhibit B attached hereto and shall be binding upon,
and run with, the ownership of the Property, for which it burdens. The Burden
is for the benefit of the Property, MTDB and the City/RDA, their successors
and assigns, and any successor in interest thereto. MTDB and the Cify/RDA
are deemed the beneficiary of such covenants for and in their 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 MTDB
or the City/RDA have been, remained or are owners of any particular landor
interest therein. If such covenants are breached, MTDB and City/RDA shall
each have the right to exercise all rights and remedies and to maintain any
AGREEMENT- August 16, 1999 ~._'~ - c~ ( Page -9-
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.
5. General Provisions.
5.1 Acts to Further Agreement. The parties agree to aerform such further
acts, and to execute and deliver such additional documents and instruments
as may be reasonably required, in order to carry out the provisions of this
Agreement and the intentions of the parties including, without limitation, (a)
appropriate documentation for the transfer of property interests contemplated
hereby, and (b) implementation agreements to the extent reasonably
requested by one or more of the parties hereto and mutually agreed to by all
affected parties which establish in more detail the terms and conditions for
the performance of one or more of the obligations hereunder.
5.2 Entire Agreement. This Agreement, together with all exhibits attached
hereto and other agreements expressly referred to herein, constitute the
entire agreement between the parties with respect to the subject matter
contained herein. All prior or contemporaneous agreements, understandings,
representation, warranties and statements, oral or written, with respect to the
subject matter contained herein are hereby superseded.
5.3 Authority of Signatories. Each signatory and party hereto hereby
warrants and represents to the other parties 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.
5.4 Modification. This Agreement may not be modified, terminated, or
rescinded, in whole or in part, except by written instrument duly executed
and acknowledged by the parties hereto, their successors, or assigns and
duly recorded in the Office of the San Diego County Recorder.
5.5 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 unenfomeable, the remaining terms of this Agreement shall not be
affected thereby and each such remaining term, covenant, or condition shall
be valid and be enforced to the fullest extent permitted by law.
5.6 Recording. The parties hereto shall cause this Agreement to be
recorded with respect to the Family Resource Center property and the MTDB
Site within thirty (30) days of its full execution.
AGREEMENT-August 16, 1999 ._~ - 02 o~ Page -10-
5.7 Mortgagee Protection. No breach or violation of the provisions of this
Agreement shall defeat or render invalid the lien of any mortgage, deed of
trust or similar instrument securing a loan made in good faith with respect to
Parcel 1 or Parcel 2 as described in Exhibit B. The provisions of this
Agreement shall otherwis~ bind and benefit any subsequent owner of such
parcel whose title is acquired by contract, grant deed, judicial or non-judicial
foreclosure, deed in lieu of foreclosure or otherwise.
[The remainder of this page is left blank intentionally]
[Next Page Is Signature Page]
AGREEMENT-August 16, 1999 ._~ - ~ ¢ Page -1 1-
SIGNATURE PAGE TO AGREEMENT FOR USE OF MTDB RIGHT OF WAY
AND DEVELOPMENT OF CERTAIN OFF-SITE IMPROVEMENTS FOR THE
COUN-FY SOUTH BAY FAMILY RESOURCE CENTER
CITY OF CHULA VISTA SAN DIEGO ARIZONA AND EASTERN
RAILWAY COMPANY
Shirley Horton, Mayor By:
Its:
REDEVELOPMENT AGENCY
CITY OF CHULA VISTA
SAN DIEGO METROPOLITAN TRANSIT
BOARD
Shirley Horton, Chairman
By:
A'I-I'EST
City Clerk Its:
675 OXFORD LLC, a California limited
liability company
The Greenwald Investment Company
(dba THE GREENWALD COMPANY),
Its Managing Member
to form By~---'~:.~_~
Approved
as
/' 'Bennet B. ~ee~"wald, Presid/ent
John M. Kaheny
City/Agency Attorney
AGREEMENT-August 16, 1999 ..~ - .2 F Page -12-
ALL-PURPOSE ACKNOWLEDGEMENT
'
~sonally known to me - OR - ~ proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(les), and that by his/her/their
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
~ C0mm. l ~23068~
~UI~N~/ ~01AflY$,nPUS[IC · CA[l[0~NIA~i,g0 COunty ~ ~ WITNESS~ _mY hand and official seal.
~ My Comm. Expi*es July 30, 2003
OPTIONAL I~FOR~TIO~
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgement to an unauthorized document.
C~ACI~ C~MED BY SIGNER (PRINCIP~) DESCRI~ION OF ATTACHED DOCUMENT
/~ ~J~ )J J TITLE OR TYP~F DOCUMENT
TITLE{S)
~ PARTNER(S) qO~
~ GUARDIAN/CONSERVATOR j DATE O~ DOCUMENT
~ OTHER:
OTHER
SIGNER IS REPRESENTING: RIGHT THUMBPRINT
NAMEOFPERS S) ENT] Y([ S~
. ~ - ~ SIGNER
APA 5~ VALLEY-SIEnA, 8~ 362-3369
Attachments:
Exhibit A. Legal Description of the 690 Oxford Property
Exhibit B. Tentative Parcel Map
Exhibit C. MTDB Easement Plot and Legal Description of the Ingress and Egress
Easement Areas
Exhibit D. Legal Description of the Landscape Easement Area
Exhibit E. Improvement Plans for the Easement Areas and the Related Improvements.
and Landscaping (10 pages)
Exhibit F. Form of Agreement for Ingress and Egress Easement
Exhibit G. Form of Agreement for Landscaping Easement
Exhibit H. Construction Cost Estimates for the MTDB Site Improvements
H:\HOME'tCOMMDEV~TAPIA',MOUS\GREENWALD2.DOC 7,'7/99 12:10 PM
AGREEMENT - August 16, 1999 Page -13-
EXHIBIT A
AGREEMENT FOR USE OF MTDB RIGHT OF WAY
LEGAL DESCRIPTION OF 690 OXFORD PROPERTY
PARCEL 4 OF PARCEL MAi: NO. 12083, IN THE CITY OF CHI/LA VISTA, COUNTY OF SAN
DIEGO, State of California, ACCORDING TO ~ T~EREOF ON FILE IN THE OFFICE OF
THE CO%~NTY P~ECORDER OF S~%N DIEGO
EXCEPTING FROM THE EASTERLY 125.00 FEET OF THE WESTERLY 240.00 FEET OF THE
NORT~R/~Y 657.46 FEET OF THE EA.~TERLY ~L~LF OF T~ SOUTh"WESTERLY QUARTER OF
QUARTER SECTION 166 OF CHUT~ VISTA, IN THE CITY OF
DIEGO, State of California, ACCORDING TO M~P THEREOF NO. 505 FILED IN T~E OFFICE
OF T~E COUN~i~Y RECORDER OF SAN DIEGO COUI~TY, MARCH 13, 1888, T~AT PORTION LYING
BELOW A DEPTH 500.00 FEET, M~J%SURED VERTICALLY, FROM TF~E SURFACE OF sA~D LA~D,
BUT WITHOUT THE RIGHT FOR ANY PURPOSE W~ATSOEV~R, TO ENTER UPON, INTO OR T~ROUGM
THE SUR/~ACE OF SAID LAND OR ANY PART T~ER~OF LYING BETWEEN Si~ID SLrRFACE AND
500.00 FEET BELOW SAID SURFACE AS EXCEPTED BY SOUTHERN PACIFIC TRANSPORTATION
COMI~ANY, IN DEED RECORDED JI~NE 1, 1979, RECORDER'S FILE NO. 79-224709.
EXCEPTING FROM THE EASTERLY 125.00 FEET OF THE W~STERLY 240.00 FEET OF T~AT
PORTION OF T~E EASTERLY F~dSF OF THE SO~rr~fF~STER-LY QUARTER OF QUARTER SECTION 166
OF Ch~JLA VISTA, IN ~ COUIF~Y OF SAN DIEGO, State of California, ACCORDING TO
MAP THEREOF NO. 505 FILED IN THE OFFICE OF T~E COUNTY RECORDER OF SAN DIEGO
COU1FI~/, F~ARCH 13, 1888, LYING SOtri'~RLY OF ThE SOu'£'HERLY LINE OF ~ NORTHERLY
657.46 FEET OF SA-ID EASTERLY HALF OF TkIE SO~rrHWESTERLY QUARTER OF QUARTER
SECTION 166, THAT PORTION LYING BELOW A DEPTH OF 500 FEET, M~L~SURED VERTICALLY,
FROM THE SURFACE OF SA-ID LAND, BUT WITHOUT THE RIGHT FOR A~Y PURPOSE WHATSOEVER,
TO ENteR UPON, iNTO OR THROUGH THE SURFACE OF S/LID LAND OR ~ PART THEREOF
LYING BETWEEN SA_ID SURFACE AND 500.00 FEET BELOW SA_ID SURFACE AS EXCEPTED BY
SOUTHER. N PACIFIC TRANSPORTATION COMPAA~f, IN DEED RECORDED NOVEMBER 9, 1979,
RECORDER'S FILE NO. 79-475118.
EXHIBIT C
AGREEMENT FOR USE OF MTDB RIGHT OF WAY
LEGAL DESCRIPTION OF INGRESS AND EGRESS EASEMENT AREA
THAT PORTION OF PARCEL 16 OF THOSE PARCELS OF LAND DESCRIBED IN QUITCLAIM
DEED TO SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY RECORDED OCTOBER
17, 1979 AS FILE/PAGE NO. 79-434063 OF OFFICIAL RECORDS, BEING A PORTION OF
FRACTIONAL QUARTER SECTION 167 OF THE RANCHO DE LA NACION, IN THE CITY OF
CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 166 MADE BY GEORGE S. MORRILL FILED MAY 11, 1869 IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWESTER CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF QUARTER SECTION 166 OF SAID RANCHO; THENCE ALONG
THE SOUTHERLY LINE OF SAID QUARTER SECTION 166 NORTH 71 ° 37" 54" EAST, 240.09
FEET TO THE NORTHEASTERLY CORNER OF THE ABOVE DESCRIBED PARCEL 16, BEING
A POINT ON A LINE WHICH IS PARALLEL WITH AND DISTANT 240.00 FEET EASTERLY FROM
THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF QUARTER SECTION 166, AND ALSO BEING
A POINT ON THE CENTERLINE OF OXFORD STREET; THENCE ALONG SAID PARALLEL LINE
SOUTH 18° 28' 10" EAST, 51.22 FEET TO A POINT ON A 60.00 FOOT RADIUS CURVE
CONCAVE NORTHERLY, SAID CURVE BEING THE SOUTHERLY LINE OF THAT EASEMENT
FOR COUNTY HIGHWAY PER DEED RECORDED FEBRUARY 1, 1982 AS FILE/PAGE NO. 82-
028292 OF OFFICIAL RECORDS (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 81 °
23' 06" EAST), SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID PARALLEL LINE SOUTH 18° 28' 10" EAST, 454.05 FEET TO A POINT ON A LINE
WHICH IS PARALLEL WITH AND 51.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF
SAID RANCHO DE LA NACiON, SAID SOUTHERLY LINE ALSO BEING THE CENTERLINE OF
PALOMAR STREET; THENCE ALONG SAID PARALLEL LINE NORTH 83° 29' 52" WEST, 53.02
FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 6° 29' 25" EAST, 19.58 FEET TO THE
BEGINNING OF A 30.00 RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24° 57' 35" AN ARC DISTANCE OF
13.07 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 203.00 FEET EASTERLY
OF THAT LINE ABOVE DESCRIBED AS THE SOUTHERLY PROLONGATION OF THE
WESTERLY LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
QUARTER SECTION 166; THENCE ALONG SAID PARALLEL LINE NORTH 18° 28' 10" WEST,
180.56 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS CURVE CONCAVE WESTERLY;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07° 44' 46"
AN ARC DISTANCE OF 13.52 FEET; THENCE TANGENT TO SAID CURVE NORTH 26° 12' 56"
WEST, 176.73 FEET TO A POINT ON THE SOUTHERLY LINE OF THE ABOVE DESCRIBED
EASEMENT FOR A COUNTY HIGHWAY, BEING A 60.00 FOOT RADIUS CURVE CONCAVE
NORTHERLY (A RADIAL LINE FROM SAID POINT BEARS NORTH 10° 30' 26" WEST); THENCE
EASTERLY ALONG SAID 60.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 70°
52' 40" AN ARC DISTANCE OF 74.22 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.42 ACRE ' '," '
~"i~,~L.
EXHIBIT D
AGREEMENT FOR USE OF MTDB RIGHT OF WAY
LEGAL DESCRIPTION OF LANDSCAPE EASEMENT-PAGE
THAT PORTION OF PARCEL 16 OF THOSE PARCELS OF LAND DESCRIBED IN QUITCLAIM
DEED TO SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY RECORDED OCTOBER
17, 1979 AS FILE/PAGE NO. 79-434063 OF OFFICIAL RECORDS, BEING A PORTION OF
FRACTIONAL QUARTER SECTION 167 OF THE RANCHO DE LA NACION, IN THE CITY OF
CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 166 MADE BY GEORGE S. MORRILL FILED MAY 11, 1869 IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWESTER CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF QUARTER SECTION 166 OF SAID RANCHO; THENCE ALONG
THE SOUTHERLY LINE OF SAID QUARTER SECTION 166 NORTH 71 ° 37' 54" EAST, 240.09
FEET TO THE NORTHEASTERLY CORNER OF THE ABOVE DESCRIBED PARCEL 16, BEING
A POINT ON A LINE WHICH IS PARALLEL WITH AND DISTANT 240.00 FEET EASTERLY FROM
THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF QUARTER SECTION 166, AND ALSO BEING
A POINT ON THE CENTERLINE OF OXFORD STREET; THENCE ALONG SAID PARALLEL LINE
SOUTH 18° 28' 10" EAST, 51.22 FEET TO A POINT ON A 60.00 FOOT RADIUS CURVE
CONCAVE NORTHERLY, SAID CURVE BEING THE SOUTHERLY LINE OF THAT EASEMENT
FOR COUNTY HIGHWAY PER DEED RECORDED FEBRUARY 1, 1982 AS FILE/PAGE NO. 82-
028292 OF OFFICIAL RECORDS (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 81 °
23' 06" EAST); THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 18" 28' 10" EAST,
454.05 FEET TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 51.00 FEET
NORTHERLY OF THE SOUTHERLY LINE OF SAID RANCHO DE LA NACION, SAID
SOUTHERLY LINE ALSO BEING THE CENTERLINE OF PALOMAR STREET; THENCE ALONG
SAID PARALLEL LINE NORTH 83° 29' 52" WEST, 53.02 FEET, TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 83° 29' 52" WEST,
96.69 FEET, THENCE SOUTH 18° 21' 37" EAST, 12.12 FEET, THENCE NORTH 83° 29' 5Z'
WEST, 44.09 FEET, NORTH 18° 21' 3'/"' WEST, 12.12 FEET, THENCE NORTH 83° 29' 52"
WEST, 14.23 FEET, TO THE BEGINNING OF A 20.00 RADIUS CURVE CONCAVE NORTHERLY;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 65° 01' 42"
AN ARC DISTANCE OF 22.70 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND
40.00 FEET EASTERLY OF THE CENTERLINE OF INDUSTRIAL BOULEVARD, THENCE
CONTINUING ALONG SAID PARALLEL LINE NORTH 18° 28' 10" WEST, 399.67 FEET, TO THE
SOUTHERLY LINE OF SAID QUARTER SECTION 166, THENCE NORTH 71° 37' 54" EAST,
91.71 FEET TO TO A POINT ON A 60.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE SOURTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 105° 41'19"
AN ARC DISTANCE OF 110.68 FEET TO A POINT ON A NON-TANGENT LINE, A RADIAL
BEARS TO SAID POINT SOUTH 10° 30' 26" WEST; THENCE ALONG SAID NON-TANGENT
LINE SOUTH 26° 12' 56" EAST, 176.73 FEET TO A POINT ON A 100.00 FOOT RADIUS CURVE
CONCAVE WESTERLY; THENCE SOURTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 7° 44' 46" AN ARC DISTANCE OF 13.52 FEET TO A POINT ON A TANGENT LINE,
A RADIAL BEARS TO SAID POINT NORTH 71 ° 31' 50" EAST; THENCE ALONG SAID TANGENT
LINE SOUTH 18° 28' 10" EAST, 180.56 FEET TO A POINT ON A 30.00 FOOT RADIUS CURVE
CONCAVE WESTERLY; THENCE SOURTHERLY ALONG SAID CURVE THROUGH A CENTRAL
EXHIBIT D
AGREEMENT FOR USE OF MTDB RIGHT OF WAY
LEGAL DESCRIPTION OF LANDSCAPE EASEMENT-PAGE 2
ANGLE OF 24° 57' 35" AN ARC DISTANCE OF 13.07 FEET TO A POINT ON A TANGENT LINE,
A RADIAL BEARS TO SAID POINT SOUTH 83° 30' 35" EAST; THENCE ALONG SAID TANGENT
LINE SOUTH 6° 29' 25" WEST, 19.58 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1.51 ACRES -~ i~~"'"'~:; ~" ' ~ '~-~
~ut ,,, ,,,,, ~ :L~~
~ 0~
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IRRIGATION LEGEND/NOTES SILLMAN / WYM~
ARCHITECTURE · ENGINEERING
AGREEMENT FOR USE OF MTDB RIGHT OF WAY
FORM OF AGREEMENT FOR INGRESSS AND EGRESS EASEMENT
PAGE 1
Recording Requested By
and
When Recorded Mail To:
MTDB Doc. No.
File No. (PC )
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into at San Diego, California, as of this
day of , 19__, by and between SAN DIEGO & ARIZONA EASTERN RAILWAY
COMPANY, a Nevada, nonprofit corporation and wholly owned subsidiary of the San Diego
Metropolitan Transit Development Board (herein referred to as "Railroad"), and
(herein referred to as "Grantee"),
with respect to the following facts:
RECITALS
A. Railroad is the owner of that certain real property more particularly described on
Exhibit(s) -, attached hereto and by this reference incorporated herein (the
"Property").
B. Grantee desires to receive, and Railroad desires to grant, certain easement(s) to
Grantee for the use of SD&AE property for the benefit of
--, all as more
particularly described herein,
C. This Agreement is made pursuant to California Civil Code Section 1468, it being the
intention of the parties to this Agreement that the provisions hereof shall bind and benefit each
party, the real property owned by party, the successive owners of each parcel of real property
described in Exhibit(s) -, and the successors in interest of each of the parties.
NOW, THEREFORE, the parties hereby agree as follows:
1. Grant of Easement(s). In consideration of $ (
dollars) paid to Railroad, receipt of which is hereby acknowledged, Railroad hereby grants to
Grantee an easement as hereinafter described Exhibit(s) , attached hereto and
by this reference incorporated herein.
2. Character of Easement(s). The Easement(s) granted herein is/are
appurtenant to all of the Dominant Tenement, and each and every portion thereof, and to each
division thereof by Parcel Map, Subdivision Map, or otherwise.
3. Description of Easement(s). The Easement(s) granted herein is/are for
AGREEMENT FOR USE OF MTDB RIGHT OF WAY
FORM OF AGREEMENT FOR INGRESS AND EGRESS EASEMENT
PAGE 2
4. Use. The Easement(s) granted herein include(s) the following uses by those
entitled thereto:
5. Exclusiveness of Easement(s). The Easement(s) granted herein is/is not
exclusive.
6. Construction and Maintenance of ~:asement(s).
a. Grantee agrees to keep Railroad property in a good and safe
condition, so far as affected by Grantee's use, free from waste, all to the satisfaction of Railroad.
The installation or construction of any structure or improvement shall be accomplished at such
times and in such a manner as not to interfere in any way whatsoever with the operations of
Railroad, and shall be done subject to the inspection and approval of Railroad. In the event
Railroad shall at any time or times require the removal, reconstruction, alteration, or changes in
the location of said structure, or shall at any time or times construct an additional track or tracks,
upon receiving written notice from Railroad so to do, to forthwith construct and maintain an
additional structure or extend or change said structure or immediately remove, reconstruct, alter,
or make changes in the location of said structure as may be requested by Railroad and in a
manner satisfactory to Railroad. Grantee shall give Railroad and the San Diego Metropolitan
Transit Development Board five (5) days written notice prior to the commencement of any work
of construction or reconstruction, or the restarting after a week or longer delay.
b. Grantee agrees to reimburse Railroad the cost of Railroad furnishing
any necessary watchmen, flagmen, or inspectors and for performing any work, including installing
and removing any necessary falsework beneath the tracks of Railroad, during the installation,
maintenance, or removal of said structure.
c. No work on Railroad property shall be commenced by any contractor
for Grantee until such contractor has received a valid "Right of Entry Permit" issued by Railroad,
together with insurance endorsements reasonably acceptable to Railroad.
d. Grantee will fully pay for all materials joined or affixed to the
property, and pay in full all persons who perform labor upon the property, and will not permit or
suffer any mechanics' liens or materialman's liens of any kind or nature to be enforced against the
property for any work done or materials furnished thereon at Grantee's insistence or request.
e. All plans, specifications, and work plan procedures for any work to
parcel(s) requested by Grantee shall be approved by Railroad prior to the use thereof.
f. Grantee will fully pay for any grade crossing protection and safety
devices which Railroad is required to install, pursuant to the safety rules, regulations, and laws of
the State of California, the Public Utilities Commission, or any other governmental agency having
jurisdiction over railroad safety requirements.
7. Indemnity. Grantee agrees to release and indemnify Railroad from and
against all liability, cost, and expense for loss of, or damage to, property and for injury to, or
deaths of, persons (including, but not limited to, the property and employees of each of the
parties hereto) when arising or resulting from:
a. The use of the property by Grantee, its agents, employees, or
invitees, or
b. The construction, presence, maintenance, use or removal of said
structure, whether or not caused or contributed to by any act or omission of Railroad. The term
AGREEMENT FOR USE OF MTDD
FORM OF AGREEMENT FOR INGREE AND EGRESS EASEMENT
PAGE 3
"Railroad" as used in this Section 7 shall include the lessor, successors, assigns, and affiliated
companies of Railroad, and any other railroad company operating upon Railroad's tracks.
8. Breach. Should Grantee fail to keep, observe, and perform any covenant or
condition on Grantee's part herein contained, Railroad may give Grantee fifteen (15) days prior
written notice to cure such breach. If Grantee does not cure such breach within said period,
Railroad may cause said breach to be cured and ali costs and expenses incurred by Railroad to
cure such breach shall be paid by Grantee upon written demand of Railroad.
9. Entire Agreement. This instrument, the exhibits attached hereto, and the
instruments referred to herein, contain the entire agreement between the parties relating to the
rights granted herein.
10. Attorney's Fees. In the event of any controversy, claim, or dispute relating
to this instrument, or the breach hereof, the prevailing party shall be entitled to recover from the
losing party reasonable expenses, attorney's fees and costs.
11. Binding Effect. This instrument shall bind and inure to the benefit of the
respective heirs, personal representatives, and successors and assigns of the parties hereto.
12. Termination. This Easement(s) shall be effective in perpetuity; provided,
however, in the event Grantee shall discontinue the use pf the Easement(s) granted hereby and
the structure, or Grantee abandons the same, all rights hereby given shall forthwith cease and
terminate.
13. Special Conditions.
IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed in
duplicate the day and year first herein written.
RAILROAD: GRANTEE:
SAN DIEGO & ARIZONA EASTERN
RAILWAY COMPANY
Signature Signature
Title: Title:
Date: Date:
TFL: / G:\ESMT-STN.DOC
Attachment(s):
Revised 1/29/97
-3-
AGREEMENT FOR USE OF MTDB RIGHT OF WAY
FORM OF AGREEMENT FOR LANDSCAPING.EAS£MENT
PAGE 1
Recording Requested By
and
When Recorded MailTo:
MTDB Doc. No.
File No. (PC
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into et San Diego, California, as of this
day of ,19 , by and between SAN DIEGO & ARIZONA EASTERN RAILWAY
COMPANY, a Nevada, nonprofit corporation and wholly owned subsidiary of the San Diego
Metropolitan Transit Development Board {herein referred to as "Railroad"), and
(herein referred to as "Grantee"),
with respect to the following facts:
RECITALS
A. Railroad is the owner of that certain real property more particularly described on
Exhibit(s) -, attached hereto and by this reference incorporated herein (the
"Property").
B. Grantee desires to receive, and Railroad desires to grant, certain easement(s) to
Grantee for the use of SD&AE property for the benefit of
--, all as more
particularly described herein.
C. This Agreement is made pursuant to California Civil Code Section 1468, it being the
intention of the parties to this Agreement that the provisions hereof shall bind and benefit each
party, the real property owned by party, the successive owners of each parcel of real property
described in Exhibit(s) -, and the successors in interest of each of the parties.
NOW, THEREFORE, the parties hereby agree as follows:
1. Grant of Easement(s). In consideration of $ (
dollars) paid to Railroad, receipt of which is hereby acknowledged, Railroad hereby grants to
Grantee an easement as hereinafter described Exhibit(s) , attached hereto and
by this reference incorporated herein.
2. Character of Easement(s). The Easement(s) granted herein is/are
appurtenant to all of the Dominant Tenement, and each and every portion thereof, and to each
division thereof by Parcel Map, Subdivision Map, or otherwise.
3. Description of Easement(s). The Easement(s) granted herein is/are for
AGREEMENT FOR USE OF MTDB RIGHT OF WAY
FORM OF AGREEMENT FOR LANDSCAPING EASEMENT
PAGE 2
4. Use. The Easement(s) granted herein include(s) the following uses by those
entitled thereto:
5. Exclusiveness of Easement(s). The Easement(s) granted herein is/is not
exclusive.
6. Construction and Maintenance of Easement(s).
a. Grantee agrees to keep Railroad property in a good and safe
condition, so far as affected by Grantee's use, free from waste, all to the satisfaction of Railroad.
The installation or construction of any structure or improvement shall be accomplished at such
times and in such a manner as not to interfere in any way whatsoever with the operations of
Railroad, and shall be done subject to the inspection and approval of Railroad. In the event
Railroad shall at any time or times require the removal, reconstruction, alteration, or changes in
the location of said structure, or shall at any time or times construct an additional track or tracks,
upon receiving written notice from Railroad so to do, to forthwith construct and maintain an
additional structure or extend or change said structure or immediately remove, reconstruct, alter,
or make changes in the location of said structure as may be requested by Railroad and in a
manner satisfactory to Railroad. Grantee shall give Railroad and the San Diego Metropolitan
Transit Development Board five (5) days written notice prior to the commencement of any work
of construction or reconstruction, or the restarting after a week or longer delay.
b. Grantee agrees to reimburse Railroad the cost of Railroad furnishing
any necessary watchmen, flagmen, or inspectors and for performing any work, including installing
and removing any necessary falsework beneath the tracks of Railroad, during the installation,
maintenance, or removal of said structure.
c. No work on Railroad property shall be commenced by any contractor
for Grantee until such contractor has received a valid "Right of Entry Permit" issued by Railroad,
together with insurance endorsements reasonably acceptable to Railroad.
d. Grantee will fully pay for all materials joined or affixed to the
property, and pay in full all persons who perform labor upon the property, and will not permit or
suffer any mechanics' liens or materialman's liens of any kind or nature to be enforced against the
property for any work done or materials furnished thereon at Grantee's insistence or request.
e. All plans, specifications, and work plan procedures for any work to
parcel(s) requested by Grantee shall be approved by Railroad prior to the use thereof.
f. Grantee will fully pay for any grade crossing protection and safety
devices which Railroad is required to install, pursuant to the safety rules, regulations, and laws of
the State of California, the Public Utilities Commission, or any other governmental agency having
jurisdiction over railroad safety requirements.
7. Indemnity. Grantee agrees to release and indemnify Railroad from and
against all liability, cost, and expense for loss of, or damage to, property and for injury to, or
deaths of, persons (including, but not limited to, the property and employees of each of the
parties hereto) when arising or resulting from:
a. The use of the property by Grantee, its agents, employees, or
invitees, or
b. The construction, presence, maintenance, use or removal of said
structure, whether or not caused or contributed to by any act or omission of Railroad. The term
AGREEMENT FOR USE OF MTDB RIGHT OF WAY
FORM OF AGREEMENT FOR LANDSCAPING EASEMENT
PAGE 3
"Railroad" as used in this Section 7 shall include the lessor, successors, assigns, and affiliated
companies of Railroad, and any other railroad company operating upon Railroad's tracks.
8. Breach. Should Grantee fail to keep, observe, and perform any covenant or
condition on Grantee's part herein contained, Railroad may give Grantee fifteen (15) days prior
written notice to cure such breach. If Grantee does not cure such breach within said period,
Railroad may cause said breach to be cured and all costs and expenses incurred by Railroad to
cure such breach shall be paid by Grantee upon written demand of Railroad.
9. Entire Agreement. This instrument, the exhibits attached hereto, and the
instruments referred to herein, contain the entire agreement between the parties relating to the
rights granted herein.
10. Attorney's Fees. In the event of any controversy, claim, or dispute relating
to this instrument, or the breach hereof, the prevailing party shall be entitled to recover from the
losing party reasonable expenses, attorney's fees and costs.
11. Binding Effect. This instrument shall bind and inure to the benefit of the
respective heirs, personal representatives, and successors and assigns of the parties hereto.
12. Termination. This Easement(s) shall be effective in perpetuity; provided,
however, in the event Grantee shall discontinue the use 0f the Easement(s) granted hereby and
the structure, or Grantee abandons the same, all rights hereby given shall forthwith cease and
terminate.
13. Special Conditions.
IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed in
duplicate the day and year first herein written.
RAILROAD: GRANTEE:
SAN DIEGO & ARIZONA EASTERN
RAILWAY COMPANY
Signature Signature
Title: Title:
Date: Date:
TFL: / G:\ESMT-STN.DOC
Attachment(s):
Revised 1/29/97
AGREEMENT FOR USE OF MTDB RIGHT OF WAY CONSTRUCTION COST ESTIMATE EXHIBIT "H"
EXHIBIT 'H' i
Construction Cost Estimate
MTDB Site improvements
Prepared for The City of Chula Vista
~,..,~. 9, ~999
Budget changes per 8/9/99 meeting w/Ci~' of Chu(a Vista ~ITDB Site Right of Way
Item Quantity t I Improvements improvements
Trade/Subcontractor Unit cost : Unit Total I Total
Grading/Site Prep
MTDB Trash Dispose of Trash 1 $ 5,638.50 Ils $ 2,819.25
Fine Grade/Final Clear Weed Growth 43050 S 0.17
Fencing-Fence Erectors I I [.
PL Boundary Fence 6' Chain Linkl 960 $ 17.78 Itl $ 17,050.82
MTDB P.L. street fence 36" C.L. w/vinly 80. $ 21.16 If 1,269.3~-
Cross walk barrier 6' High Tube steel 21 $ 394.70 ea ! $
$ 789.39
Pal. Median Barrier 42' C.L w/vinly 465i $ 21.67 Ill $ 9,861.85
36" Pal. Trolley Fence 36 C.L. wi vinl 2401 $ 21.16 :if $ 5,077.36
21 ~ 947'27 ea I
Handrait @ HC Ramp 30' Long Handrail $ 1,894.54
Handrail @ crosswlk.wall 21' Long Handrail 331.52 'es $ 331.52
Asphalt Paving- Angus
MTDB Roadway 3" AC over 4" r. base 9072 1.93 !sf $ 18,688.00
Patch @ Island AC Patch 2 564 lea $ 1,127.70
Striping & Metal Signs Misc. I 1 3,357 lis $ 3,357.16
Asphalt Sidewalk Misc.[ I 3,397 Is $ 3,396.63
Underground Utilities !
Curb Inlet Type "B" Curm inlet[ 11 1,692 Is t 8yDeveloper
Oet. Basin Headwail Type "A" Headwalll 1 $ 1,692 Is I 8y Developer
In[etPipe 12' ADS Pipe[ 40 $ 56.39 If
DeL Drain Pipe 6" ADS Pipel 160 $ 17.82 If I , By Developer
Demolition - Penhal[ I
~Remove Sidew.~ Pek:mar: I 550 $ 1.69 sf I I $ 930.35
Demo sidew. ~ PaL Trolfe~ I 80 $ 3.95 sf I I $ 315.76
Remove island Cum I 11 S 2,029.66 ,a $ 2,029.86
SawcutAC Paving I 14C $ 1.52 f ~ $ 213.14
)emoconc.~HCRamp I 360' $ 3.36 sf I : $ 1,014.93I
Core drill for signage 30 $ 39.47 ea $ 1,184.09
Trah~c Co~b'ol $ 902.16 Is I $ 902.16
Landscaping 43050
Century LS Irrigation $ 0.34 sf I $ 14,564.25
Cenlury LS Landscape/Plants 43050 $ si' I $ 15,000.00 Note #2
Century LS Repair Trolley LS I $ 1,691.55 .~a $ 1,69i.55
Concrete- DCC Const. 6" conc. Curb & Guttel 620 $ 12.97 f $ 10,634.21
4" conc. walks( Grey) 4190 $ 4.40 sf ~ $ 18,427.75
6" conc. drive aprons 1400 $ 4.91 sf / i $ 6,874.00
24" Conc. Light base/ 4t $ 986.74 sa $ 3,946.95
HC Ramp w/footings/ 15.25[ $ 394.70 ~cy [ $ 6,0i9.10
Ret. Wa[, ~ Crosswa[k/ 5.4~ $ 586.40 cy $ 3,186.58
Electrical i~ ~ $
Karvon E]ec. Street Lights Street Lighting~ 41 $ 3,213.95 lea $ 12,855.78
ekes Electric Traffic Light Modification[ 1i $ 3,112.00 Is $ 7,670.60
General Contractors Fee ~ 5%1 t $ 6,412.41 $ 2,424.87
General Conditions Cost -Note #3
! Subtotal $ 134,660.59 $ 50,922.35
Clty'sSO%pOrttonofthlscostilem. i ' i I tal . $ 185,582.9~.~
EXHIBIT "H"