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Home My WebLink About1991/06/18 Item 11 COUNCIL AGENDA STATEMENT ITEM TITLE: Item~ a Meeting Date 6/18/91 Resolution \(,\c:tt Approving the Final Map and Subdivision Improvement Agreement and Authorizing the Mayor to Execute Said Agreement for Chula Vista Tract 88-3, EastLake Greens Phase 10, Units 25 and 40 Resolution \\,\~ Approving supplemental agreement with the Developer of EastLake Greens Phase 10, Units 25 and 40 needed to Satisfy Tentative Map Condition of Approval No. 31(c) Director of Public Work~ City Manager@" (4/5ths Vote: Yes_No_.!.J On July 25, 1989, by Resolution No. 15200, the City Council approved the Tentat i ve Subdi vi s i on Map for Chul a Vi sta Tract 88-3, EastLake Greens. The Final Map and associated agreements for Phase 10, Units 25 and 40 are now before Council for approval. SUBMITTED BY: REVIEWED BY: RECOMMENDATION: That Council adopt the resolutions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The project is generally located south of Cl ubhouse Dri ve between EastLake Parkway and Hunte Parkway and consists of three lots. Lots 1 and 2 (Unit 40) compose the southern half of the golf course at EastLake Greens and Lot 3 (Unit 25) is a large lot to be further subdivided for residential use. Unit 25 was originally included for development in Phase 2B of the EastLake Greens planned development. However, a condition of approval of the tentative ,. map provided that the developer could request deviation from the original ph as i ng plan. The Pl anni ng and Publ i c Works Departments have revi ewed the proposed change and support it. Adequate access will be provided by the extension of South Greensview Drive to the southerly 1 imits of Unit 25 with this development. The Final Map for Chula Vista Tract 88-3 Phase ID, Units 25 and 40 has been reviewed by the Public works Department and found to be in substantial conformance with the approved Tentative Map. Approval of the map constitutes acceptance of sewer, drainage and tree planting easements and rejecting portions of lots 1 and 2 reserved for future streets within the subdivision as shown on the map. However, the City reserves the right to accept the rejected future street lots per Section 66477.2 of the Subdivision Map Act. On February 6, 1990, Council adopted Ordinance 2357 approving the EastLake Greens Development Agreement wherein the City made the Greens subject to City adopted Quality of Life Thresholds and the Eastern Chula Vista Transportation Phasing Plan Update and agreed to exempt the development from the Growth 1l-1 Page 2, Item Meeting Date 6/18/91 Management Pl an as might be adopted in the future. An agreement regarding publ ic use of the golf course was approved by Council on January 22, 1991 by Resolution No. 16041. A supplemental subdivision agreement for this subdivision provides that Lots 1 and 2 will be subject to that agreement to satisfy Condition of Approval No. 80 of the tentative map. In satisfaction of Condition of Approval No. 46, EastLake Development Company has, by letter dated August 28, 1990, designated Parcel PQ-2 (4.8 acres) and a portion of Parcel R-26 (2.2 acres) as church sites. Condition No. 30 of the tentative map for this subdivision required that EastLake agree that the City may withhold building permits for the subject subdi vi si on if traffi c on Otay Lakes Road, Tel egraph Canyon Road, EastLake Parkway, or East H Street exceed the level of service identified in the City's adopted thresholds. Additionally, Tentative Map Condition of Approval No. 31(c) required the developer to agree to waive the right to protest the format i on of any assessment di stri ct of the construction of street improvements to connect Orange Avenue and Palomar Street to existing improvements to the west of the subject property and to not protest inclusion of the subject improvements as projects in the Eastern Territories Development Impact Fee system. The developer has executed a suppl ementa 1 subdi vi s i on agreement to sat i sfy these requirements. Item I1.B on Page 4 of the supplemental subdivision agreement has been an issue between the City Attorney and EastLake. The stri cken words are those i nit i ally proposed by the City Attorney and whi ch EastLake objected to including in the agreement. The City Attorney, for this map only, is will ing to approve the agreement with the wording stricken (please see Footnote 2 on Page 4 of said agreement for a full expl anation). The de vel oper has also executed the subdi vi s i on improvement agreement and provided appropriate bonds to guarantee construction of required improvements. The final map and associated agreements are now before council for approval. The developer has paid all applicable fees and complied with all the conditions of approval of the Tentative Map. A plat is available for Council viewing. FISCAL IMPACT: Not applicable. WPC 5614E/0048Y EAF:EY-330 \\- ~ II.S.A. ______ Cl.l.DlSF DRIVE .---- --Ii:\1a,-- Vl€lNITY HAP IIfI <<IIU IT" UIlD .. IImME fIItIfr. ell.._' .. ""fIItIfr. mE ~ ..aHSVIEJI lit lVE LOT 1 JCAI ~ : I' . 500' 1\-3 ONPANT OIIIILA W.TA TIIACT.. .... .A'TLAKE ...EIII , . (al.) .1-cmJ7 1-. ../ 4 .. .'~ . ',f; I .-. / . .' . . ( \ ( - ~ (~ViSed 7/25/89 .. )..00 RESOLUTION NO. 15t!1!! ( RESOLUTION OF TIlE CITY CDUNCIL OF THE CITY OF 01lJIA VISTA APPROVING TENTATIVE MAP FOR EA5TLAKE GREENS, 01lJIA VISTA TAAcr 88-3 The City Council of the City of Chula Vista does hereby resolve as follows: . WHEREAS,. the proposed subdivision for the EastLake Greens area encompasses 830 acres of land located in the eastern portion of the City of Chula Vista east of I-80S and south of otay Lakes Road, and WHEREAS, the subdivision includes streets, open space, church sites, coJm1E!rcial lots, park sites, school sites, condominium lots and single-family lots, and . WHEREAS, the EnVironmental Impact Report, EIR-86-4 was considered previously, and WHEREAS, on June 21, 1989, the Planning Corroni.ssion, by a vote of 6-0, recorrmended that the Council approve the EastLake Greens. Tentative Map subject to the following: (,: On an interim basis, Parcels R-24, R-25, R-26, R-27, and R-28 shall be zoned at the target density of 4.5 dwelling units per acres. A maximum of 4,034 units will be approved for. EastLake II until such time as the guidelines for exceeding the target density for the General Plan Update are resolved. The fOllowing procedure will occur 'to determine additional density, if any, for the EastLake project. a. Specific guidelines for exceeding the target General Plan density will be adopted; b. The adopted General Plan policies will be applied to determine the incremental units to be added to EastLake II. c. The units from the new calculation will be distributed to these five parcels or other unsubdivided portion of EastLake Greens Tentative Map. d. The SPA Plan and Tentative Map will be returned to the Planning Corrmission and City Council for adoption of the increased density, if any. NaN, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the tentative map for EastLake Greens, Chula Vista Tract 88-3, based on the findings set forth herein and subject to the fOllowing conditions: .' Engineerino Department Conditions: ( 1. ......... , Public improvements required in this resolution shall include but not . , be limited to: A.C. pavement and base, concrete curb, gutter and -1- ll-;f " ' , . . " J .; '( C/' ( -' ( ( ( 'sidewalk, traffic signals',-"street lights, traffic signs, street trees, fire hydrants, sanitary sewers, water and drainage facilities. -......,~, ..- ....... "'.... ~ . "~-:-..._.., .. All improveli1enES:':'shall De deSigned and constructed in accordance with City'standards. 2. The devel~r sha11be-responsible for: , a. The construction of public street improvements of all streets shown on.:.~he'tentat;i ~~_~ thin-'-tne''Subdi vision;'~ :.3!'7.,-,,: '" -:~=.:'::'~:~=7:- ::". ~:-~c;E' :-: _cr:: .:.:=~:.;:;:: : ... _." - , .;:b; '.: "I'he '=~st:'rlietion ';,:of :-public ~ street., illlprovements for all off-site portions of Otay Lakes Road, Hunte Parkway, Palomar Street and Orange-o Aventles:al~t;.<tlie. full ~tength: -cf..:.the;~subject..; proti@rty. ~ ;Full .c:),..,..::c: ~ioridtM, i~ov~ <srnnlbe'..,-reqai'rea- - 'Onless::- the' . developer" can ," demonstrate to the satisfaction of ,the City Engineer that' partial improvements will meet the Cit@' standards for traffic, biCYCles, pedestrians ana parking . Trailsi tions to eXisting improvements shall '.,be prOvided as required by the City Engineer. 3. a. The.' :developer.:shall guarantee' the. construction: of the -fOllOWing ':''=~.illl!-'Iovements: prior .tothe approval of the final map .for any of the phases ~ 'of .' development identified in the EastLake Greens phaSing plan. The developer may submit an alternate proposal to provide access to any individual or group of phases identified herein. Said ,"'7.7'.: proposal.:-.shall ~-=be'.: '.$ubmi tted :.fo!:.. review. -:and '. 'approval by the City .. :':~:El1gineer. ~ ,-- ...... . .., ., ."....." - .-.- - ~ :'"z,.. '.3., PhaSe~ ~~:-:'.'. ,..... - ."0' - .... -. . . ~:'Fi6ntt:ieS'~d-':', *(See table I.~for' description. of ,":-~ 7" ':"=":_.0": -.---. each facility.) -IA \ IB '\. IC ID 2 3 ,~,=. --1, 2~..".:io__::,_ -":.1, 3~.4;'8~15 1, 2, 3, 5, 7, 8, 9, 13, 15 . '1, 2, 6, 7, 8, 9, 10, 13, 15 - '.1~~2,.6, 7, 8, 9, 10, 15 1, 2, 2a, 6, 7, 8, 9, 10, 11, 12, 14, 15 * Facilities that shall be guaranteed prior to approval of final map for the corresponding phase and completed prior to permits being issued for the subsequent phase (i.e., facilities for lA through D completed before permits for Phase 2 are issued). b. The developer shall guarantee the construction of all interior pUblic improvements required for development of any uni t of development prior to approval of the Final Subdivision Map for said unit. 4. Right turn lanes and dual left turn lanes shall be provided at the intersection of any of the following street classifications: major-major, major-prime arterial, prime arterial-prime arterial. \ 5. Palomar Street from the westerly subdivision boundary to EastLake Parkway shall be constructed as a 4-lane collector (74 feet from curb-to-curb). -2- }(-5 ..- .. ( -- ( ( ( ( 6. NQ direct access- for res.ident~aJ,.~4ri_v:E!OoIaYs wU~ be allowed to Street, 'A', EastLake Parkway, Hunte Parkway, Street 'E', 'D' Street, Street 'F', Otay Lakes Road, Orange Avenue and Palomar Street. The location of street ~ie~jor ~ries_fOI;.RIlIlti-f-amily..projects to the- -above--streets shall be approved by the City Engineer. -V ~ fmnfage.. on - ~l~e-saG:.S--an.d knuckles shall not be less than 3S feet unless approved by the City Engineer. 8. a. ~.~~s~~:~~ ~~t~~~imP~Qvements:is. required on Otay Lakes Road east of-Hunte Parkway. Said transition shall be approved by the City Engineer.-,: ~__ ,_. ~'_ b. special ,treatment to transi~i9n .~-the prime arterial status of Hunte park~~Y:~9ut~erly.of,said:intersection. The:~infeciecti.on':,of - Hunte Parkway and Orange Avenue' shall require . . - ',. , . . ,. h _'. 0" . _.':--....-'":"-~ :,". -'"0'-' -. ~ -. .-". -- ~ TABLE I :~0~~!'T~.9! OtiSITE TRANSPORTATION FACILITIES .'-:;:-:-0: Facility N6'~'-- .:....:-:-~":::-.::.:-..~..; ::::-:'0: ~("; ( 01 0'--2' - r.:..~, ~:,,'.::::.', ')~"'-,.:. . ~- ~Street Portion ,EastLake Parkway,~. -"'---.___~.': h.... .:',-.-:': ~. . EastLake Parkway .OtaYLakes Road to Street- 'E.. Street '0" to the Interim - Terminus _ South of _ _ th~ _ .SDG&E Easement :.'G.'::_-::.-=..:~s .':~~':~" 2a EastLake Parkway Palomar Street to the Interim Terminus South of the SDG&E Easement "" 813 4 Street 0 North- Street "A" North Street "A" South Street "A" Street "E" Hunte Parkway Hunte Parkway Hunte Parkway EastLake Parkway to North Street "A" r- - ,5 '-/ Street "0" to Hunte Parkway 6* Street "0" to Street "E" / '-J7 ~:) 8 ') 9 Street "0" to Hunte Parkway- EastLake Parkway to Street "A" Otay Lakes Road to South Boundary of Phase lB \. 10 Street "E" to North Boundary of Phase Ie Street "E" to South Street "A" -3- Jt..t" 11 Hunte Parkway South Street "A" to Orange Avenue 12 Orange Avenue Hunte Parkway to West Boundary of SUbdivision 13 street -E" street "A" to Hunte Parkway 14 palanar street EastLake parkway to west Boundary of the Subdiv~sion 15 Otay Lakes Road Lane Avenue to Hunte Parkway * In cxmjunction with developnent at Phase lD, developer may construct either that portion of South Street A to connect street QQ to Street "n" or that portion to Hunte Parkway. 9. Underground traffic signal equipment and traffic signal standards shall be installed at the following intersections: EastLake parkway and Otay Lakes Road EastLake parkway and "n" Street EastLake Parkway and "E" Street EastLake Parkway and Palomar Street Hunte Parkway and Otay Lakes Road Hunte Parkway and north Street "A" Hunte Parkway and "E" Street Hunte Parkway and south Street "A" Hunte parkway and orange Avenue "E" Street and Street "A" "n" Street and north Street "A". Mast arms, signal heads and associated equipment shall not be installed unless approved by the city Engineer. 10. Interconnect conduit, pull boxes and pullrope shall be installed to connect following intersection signal systems. Otay Lakes Road/Route 125 to Otay Lakes Road/EastLake Parkway Otay Lakes Road/EastLake Parkway to Otay Lakes Road/Hunte Parkway Otay Lakes Road/EastLake Parkway to EastLake Parkway/on" Street EastLake Parkway/"n" Street to North Street "A" /"n" Street EastLake parkway/"n" Street to EastLake Parkway/wE" Street EastLake Parkway/wE" Street to EastLake Parkway/Palomar Street Hunte Parkway/Otay Lakes Road to Hunte parkway!North Street "A" Hunte Parkway/Street -A" to Hunte Parkway/wE" Street EastLake Parkway/"E" Street to street "A rE" Street Street "A"/"E" Street to Hunte Parkway/wE" street Hunte Parkway/wE" Street to Hunte Parkway!North Street "A" Hunte Parkway/South street "A" to Hunte Parkway/orange Avenue Orange Avenue east of Hunte Parkway to subdivision boundary. -4- "-7 . ( _o( ( ( 11. a. A conditional use permit shall be filed with the City for the golf course, clubhouse, and related swimming and tennis facility prior to issuance of building permits for purposes of regulating operations, uses, and site design. ( b. Locations where golf course crossings of streets are prOvided shall be clearly signed. and marked. Where streets being crossed are classified to car traffic at a~ Speed greatcer chan ~:, mph, such rOSS1n s 11 only be at intersect10ns or roug - separation '6tJ01Cl:ur.es-.,~ . _ __ '_ _. ".J:.. ,....,:-.. c. The developer or other subsequent owner of the golf course shall agree to be responsible for the payment to the City of ongOing repair and maintenance costs of any grade separation structures which may be --------c~ired for the benefit of the golf course. - . - -. _. d. Golf course safety features shall be reviewed by the City Engineer in '~conjunction with :construction of the golf course. 12. All., streets - which ,intersect otoer streets at or near horizontal or vertical 'curves 'mllst. meet intersection design sight distance requirements in accordance with City standards. 13. a':;~'~ ~~~; ;~~~~:Wi~~':'cO~~ret~benches shall be provided along both sides of \ . Street "A" adjacent to the intersections with the following streets: , i:'c.:;~..stJ::eet.:. ,~E_~, Stre~t~. "G", . ,Street "D", Street "00" and Street. "FFF". I '~'.-.~'BllS'~ turnouts shall- be. provided to the satisfaction of the City : ':- ,.Engineer. '0 c. !~";:;_~ ".i;=~:.-:' ,:..._ _ _..~ _". 1):.:~.':.-!Bus!St.oPs "wH~:ocQncrete~benches shall be provided along both sides of '. : -,Runte Parkway adjacent to the intersections with Street "E" and south --,. 'Street "A"; ---Bus Shelters as approved by the City Engineer shall be:: provided along both sides of EastLake Parkway adjacent to the; intersection with Street "E" or appropriate alternative locations. " ...... '- - . . -. 14. Right turn lanes shall be provided on Street "A" at the intersections of Street "A" with Street "D" and south Street "A" with Hunte Parkway. A right turn lane shall be prOVided on EastLake Parkway at its intersection with Street "E". /15. a. All streets .within t.he !J1lllti-famiJy J~evelopments and. the.access....road to-UiiIf' 29 shall be private. Detailed horizontal and VertiCal) alignment of the centerline of said streets shall be reflected on the improvement plans for said developments. Design of said streets shall meet the City standards for private streets. Private streets in Units I and 2 (single family detached units) shall meet City standards for public streets or standards acceptable to the City Engineer. b. " ( c. All subdivisions proposing private streets with COntrolled access devices, such as gates, shall contain the fOllOwing features: -5- )\- <? '. . , (.( ( ( i. ( (1) Gates shall be approved by the City Engineer. Gates shall be .. ..' located to provide .sufficient room to queue up without . -,. -, interruPting- traffic on pUblic streets. ::::-:!. :::":.: E:.: (2) A turn around shall be provided at the location of the gate. ~:... ,..The size and .location of. said turn around shall be approved. by .- ':. the Ci ty Engineer. . . , 16. All the streets . shown . on the subject tentative 'map within the subdivision boun~"::except as. described above, shall be dedicated for public use. Detailed horizontal and vertical alignment for said streets' shall be reflected on the improvements plans for the subject subdivision or any unit ::thereof. - . Design: of. '.said . streets shall meet all City standards for public streets. _ :i3) . .The border between public street and private street shall be sE=~:~!ineate~~thr,ough the use of distinctive pavement. '.(4) PrOVisions :shall be made for emergency vehicle access. . --'- ( 17. ''lh~ ~owner. shall' grant. ,to .the City street tree planting and maintenance .easements along .all public"streets within the Subdivision as shown on the tentative mao. Said easement shall extend 10 feet from the back of the sidewalk ,exCept: 'on'Hunte . Parkway and portions of EastLake Parkway as provided 'below. " :Along Hunte' Parkway, said easement shall extend 10 feet from ="the~.propertY;:.line and shall contain no Slope steeper .than-S.;J. (hori'Zontal,:to'vertical ratio); . The entire area of said tree planting- " easement along Hunte Parkway shall be offered for dedication on the Cj-';i.. subeli vision maps for ,f1I.tlli:~ sfieef"plfr.P.9il_~~::- The. tree Planting easement I :alonc:f.~those' POrtion5-0f:"EastUlk~' Parkway containing meandering' sidewalks shall coincide . with .the proposed sidewalk easement as shown on the Tentat.i.~11aPo~. ..... :"::.::.' =..' ...,: -.. '" 18. The owner shall grant to the City a 10 .foot sidewalk easement adjacent to the property line for the installation of a meandering sidewalk at the following locations: . a.' Otay Lakes Road along the full length of the frontage of Unit 17. b. EastLake ParkWaY - along the frontilge of Units 29, 34 and 32 (north of the intersection of "E" Street). c. Street E Between EastLake Parkway and Street - along the frontage of Unit 25. Between Street A and Hunte parkway - along the frontage of Units 28, 29, 37 and 39. 19. Prior to the approval of any final map for subject SUbdivision or any unit thereof, the subdivider shall obtain all off-site right-of-way necessary ~ for the installation of required improvements for that .unit. -6- l\- r . . ( .( ( ( " If the developer requests the City to use its powers to acquire said off-site right-of-way, the developer. shall pay all costs, both direct and indirect incurred' in said acquisition. "c 20. The developer shall grant. to the City I' control lots adjacent to the following streets: '" a. South end of EastLake Parkway. b. South. end .and east side of Hunte Parkway.' c. Both ends of street A. d. Both ends of Orange Avenue. e. West end and southerly side 'of Palomar Street. f. Both sides of Orange Avenue. 21. Striping plans shall be provided for the fOllOWing streets: Street "A", Stree.t "D", Street "E", EastLake Parkway, Hunte Parkway, Orange Avenue, Otay Lakes Road and Palomar street. Striping plans shall be approved in conjunction with imprOVement plans for said streets. ~ Prior to 'the approval of any fin.:r subdivision map which includes a V portion of;'. the streets . listed .below, the developer shall submit. plans demonstrating the_feasibilitY~ofthe extension of the said streets: .. ~ - .. .. -.----... - . . -.....----. . ( a.' " EastLake Parkway - from Palomar Street to Orange Avenue. 'b.' Hunte Parkway. -'from Otay Lakes Road to East "H" Street. t:;: palumar'Street -. from the- subject sUbdivision'a minimum distance of . ":".i',ooo ft; westerly. d. ,. Orange Avenue:- ,a minimum distance of 1,000 ft. westerly. -- . . - . - ~ - .'. . . . 23. a.::-:: Tbe; .'lJeY.eloper-.' sball::,"Submi t calcula tions to demonstrate compliance . . with all drainage requirements of the SUbdiViSion Manual to include, but not be limited to, dry lane requirements. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. . . b. Specific methods of handling storm drainage are subject to detailed approval by the City Engineer at the time of SubmiSSion of improvement and grading plans. Design shall be accomplished on the basis of the requirements of the Sllbdivision Manual and the Grading Ordinance (#1797 as amended). c. Graded access shall be provided to all storm drain structures including inlet and outlet structures as required by the City Engineer. Paved access shall be prOVided to drainage structures located in the rear yard of any residential lot. 24. a. The develooer shall obtain notarized letters of permission for all Off-Site g:ading work prior to issuance of grading permit for Work requiring said off-site grading. b, Lots shall be so graded as to drain to the street or to an approved drainage system, Drainage shall not be permitted to fl~~ over slopes, ( -7- l\ - 10 ( c~ ( 26. /27. I ! 28. I I \ ( --( ( ( 25. Sewer manholes: sbali~~'PFovided _at all changes of alignment and grade. Sewers serving IO-or less equivalent dwelling units shall have a minimum grade of 1%. The developer shall comply with all relevant Federal, state and local reguJ.ations-,:- including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. A: paved access road: with a' minimum width of 12 feet shall be provided to all sanitary sewer manholes. The roadway shall be designed for an H-20 wheel' load or- other loading as approved by the Ci ty Engineer. - - The developer shall grant easements for all off-site public storm drains and -sewer' facilities prior;1:o_ 'approval of any final map requiring those fAr";" i:ties. Easements 'shall be a minimum width of six feet greater than pipe size, but in no case, less than 10 feet. . -..., .... ~." -.. - . 29. An erosion and sedimentation control plan shall be included as part of the . grading plans. ~-- .. - ..- . -- -." . ilO. The-developer shall- :entez:. . into an agreement whereby the developer agrees that the City may withhold bUilding permits for any units in the subject subdi vision if traffic on Otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H". Street exceed ,the levels of service identified in the CitY's':adopted:; thresholds.-. '" _.__ _'__ 31. a.. r9 '-- 32. a. b) "'..- (Q ~.' b. The-~roperty owner-shall agree to not protest formation of a district for the maintenance of the drainage channel in Telegraph Canyon. . . ....-:; :-.:.....:..~~...=. - "__ -s..:"'7':': ~. The propertY:owner shall: agree to not protest formation of a district for: tbee maintenance of_.landscaped medians _ and parkways: _ along streets within and-adjacent:to-,Xhe:Bubject pro~rty. ".- ... The property owner shall enter into an agreement wherein he agrees to not protest formation of an assessment district for the construction of street imorovements to connect Orange Avenue and Palomar Street to existing imorovements to the west of the subject property and to not protest inclus:.on of the subject improvements as projects in the Eastern Territories Development Im~act Fee system. All sanitary sewer facilities required for development of any lot, unit or phase shali be guaranteed prior to recordation of a subdivision map for said lot, unit or phase. The developer shall provide for the costs aSSociated with maintenance of the sew~r pump stations prior to approval of any subdivision maps which shall require said pump stations to prOvide sanitary sewer service. ." The developer shall obtain permission from the City to deposit sewage in a foreign basin prior to approval of any subdivision map which shall require any sewage to be transferred from an existing basin -8- 1\ - II ( -( ( ( ;' x . into another. hasin. - - The permission' . shall be in' the form of an -,'~ agreement whereby.the City shall agree to such transfer, and the --, - "developer shall agree to the construction of certain improvements in the system that will accept said sewage and to the circumstances ',~ ~d~r _ whi~_ s~~~.. permission may be revok~. ......:0.....-... ._.. _., .._.... .... _ _. . ( 33. Prior' to the approval of any. final map for any lot or unit, the owner shall' guarantee the' construction of all improvement (streets, sewers, drainage, utilities, etc.) deemed necessary to provide service to such lot or'tintt' in::at:oordaAce. with .-CitY-standards. __. ';._("' : _.., ' 34. Prior to approval of any subdivision map for single family residential uSe. The developer shall Submit a list of proposed lots indicating whether the structure' 'will" be located on fill, cut,. or a' transition between the. two- 51 tllatiOns. . . . ... - -- .. ... -". ~- ..... - -- _. -. . 35. SOIIt:h :Street. '"A" and' Street:' "E" (between Street "A" and Hunte Parkway) shall be 52 feet wide (curb-to-curb) within 72 feet of right-of-way to provide for on-street parking on one side of each street. 36. Off-site cumulative transportation impacts shall be mitigated to inSignificant levels by participating in the East Chula Vista 'l!ransportation . Phasing. Plan ..on. a. fair share basis with other area developers. .::. .:.~. - . 37. EastLake :;C;feens:.:w:i:l-i. :be:O'subject to regarding cable television. any new City resolution or ordinance ( -- - ..- .. ... Planninq DeoartmenLCondltions_ . :.;, ___..._.. 6Ya) ~plicant shall request the formation of an open space district. Maintenance: a-f'''specific areas may be required to be performed by the master homeowner's' association. Open space slopes shown adjacent to public and private neighborhOO-d parks shall be included in the established maintenance program. b. Park dedication' and imorovement credit for private parks (up to 50%) may be considered subj-ect to approval of improvements, park acreage and activity areas provided. t:l. c. Develo;:ment of all public and private park areas receiving park credit designated on the subdivision map shall be subject to the approval of the City's Director of Parks and Recreation. Said approval shall comply with the standards listed in Section 17.10.050 of the :~unicipal Code. ~aintenance and credit for the proposed Open space trail system shall be sub:ect to approval of the Director of Parks and Recreation. The trail shall consist of an approved D.G. base. .- e. Park dedication credit for the corranunity park shall not include the slope area adjacent to proposed #125; however, credit shall be given when Dark imorovements in excess of the 11unicipal Code requirements are provided: l -9- " - 1.1. . . ~. .., t ( ( " f. Any ~fees to be waived shall be done so upon completion of parks or bOnded guarantees of park completion. Bonds provided to the Department of Real' Estate may be SUfficient guarantee for private park . improvements. .. 9. No waiver of Residential Construction Tax is made or implied by :.::~ approval ot-this map. 39. Park acreage. of. 24 acres shall be provided subject to the approval of park :iJnprovement"plallS-'by the- Director of Parks and Recreation. 40. The open space corridor encompassing the SDG&E easement and the San Diego water line shall- be incorporated into adjacent land use plans as usable open space and/or parking. The adjacent land use lots shall be graded to aocomplish an acceptable interface. , \ 41. The 5:1 grading" shown on EastLake Parkway (reference sheet #2) shall be , . eliminated and shown as 3:1.' . . .44,. A minimum 15 ft. wide landscaped area shall be provided between the sidewalk and wall areas' created along single-family areas on Street "A". NYI'E: Down slopes shall commence at a minimum distance of 10 ft. from the Public sidewalk.' Alternate tree plantings in approved concrete cone root containers will be considered for limited areas. ~3. CQPi$.oLproposed-CC&R's.shall be fi-led with the City. 44. A low and moderate income hOUSing program with an established goal of 5% . - -. . low. and 5% moderate shall be implemented subject to the approval of the ""'-".:-=-. "'_.~-,_.,....~,....-_._--_.. City1s housing coordinator. NOTE: A 1% change resulting in 4% low and 6% moderate' is deemed an acceptable tolerance. This condition shall be deferred and'further':-eva!Uated: as- a"-factor: in .the analysis of the General Plan density POlicies as they relate to parcels R-24, R-25, R-26, R-27, and R-28. 45. All paved access to sewer and drainage outlets shall be subject to approval by the Director of ' Planning. ~A minimum of three church sites totaling 7 acres shall be designated prior to recordation of the final map. / '47. q:Jen space easements shown at the rear of various lots baCking onto the golf course shall be included in the golf course maintenance program. 48. All lots adjacent to intersections subject to road Widening requirements shall require further review by the Planning Director to determine acceptabili ty. ~SchOOI development shall be phased to provide facilities with adequate ~~apacities to serve residential occupancy. MellO-Roos Community Facilities District has been formed by the respective schOol districts. I I" i -10- 1\-13 ", ~ ") ...., ) . 50. Provide street names on the tentative map~ ( 51. A conceptual landscape" plan,. together with a water management plan, shall be provided. prior. to City Council approval of the tentatiVe map and Subject to the approval of City's Landscape Architect. ~ . 54. 55. ; 56. , i I l 57. ,. ( -. . 58. 59. 52. Development Of-aIl-parcels shall be in accordance with EastLake Greens SPA Plan, Public Facilities Financing Plan and Design Manual. 53. -~":'developej:~-shaH ->annex-~ail- areas - within" the--subdivision boundaries prior to recordation of any final map. ...... '. The phaSing plan shall--be designed _to connect. interior subdivisions within Phase I to the satisfaction of the City Engineer. All lots without apprOved private Or pUblic access shall be snown as a single lot. The open space shown adjacent to easterly side of Route 125 corridor shall be dedicated to the City across its entirety for future transfer to the State. of California as part. - of _ :futur.e~o" .fr~ay. right-:Of-way~.- _ _ School District has option of Putting in retaining wall across the high school site. _ Lotting approval for Unit 14 shall be continued Until a precise plan .detailing .thedesign of the..project is reviewed by the Design Review COmmittee. Thereafter, the lotting of Unit 14 will be considered by the Ci~y Council .f~r .tentative subdivision map approval. Orange Avenue corridor design shall be subject to approval of the Director of Planning regarding grading, slope grading, landscaping and fenCing. "':"'--:"" .::' -~:-.:': ::'::""-:-.:< ;':"::._.:c.__'::~ ?-; ": :".:::" All lots in Units 4, 7, and 8 shall be a minimum of 50 feet wide and 20% of lots in Units 11 and 13 shall be a minimum of 50 feet wide. A minimum of twenty (20) percent of all lots within Units 4, 7, and 8, 11, and 13 are intended to aCcommodate one-story units or units with a one-story plateline along the street frontage. Said one-story units shall be placed on lots with a minimum width of 50 feet. - Any units displaced as a result of revision to the subdivision may be considered for transfer to another unit within EastLake Greens. 60. ;~jor entry points to the EastLake Greens development shall require a~~roval of the Director of Planning with respect to grading, slope gradient and landscaping. 61. .rill of the Open space lots shall be dimensioned (see Loop Street ~A' adjacent to Uni ts 14, 39 and 13). " 62. Open s~ce lots adjacent to private parks shall be included in the private ~arks to be maintained by the Homeowners' ASSOCiation. -- -11- \ \-''7 . ( ( ( ( . f!J ( . , 64. )...Water .agreement with otay Municipal Water District regarding terminal storage and water suPply shall be required prior to approval of the final IIBp. A pedestnan bridge or an alternative acceptable to the City Engineer shall be constructed over Otay Lakes Road to connect the community trail ftom EastLake r to EaStLake II. EIR Mitigation Measures - Planning .;,!:-:- ~"="',-,:, ~ ..:......:; ~-:-_.';I":' ". - _.... e..-_... ":'" ~_ _.............. 65. Residential land uses planned adjacent to or near commercial and industrial uses shall be adequately buffered. Necessary measures will include' a" wall or. fence to decrease' noise and increase privacy; a physical, vertieal or horizontal separation between land uses, i.e., a road, slopes or a landscaped open space buffer; or some type of vegetative screen. Impacts OCcurring as a result of. site-specific designs will be mitigated on a site-specific basis. (pg. 4-15) 66. In order to mitigate the site specific impacts, the fOllOWing must be COmpleted in accordance with the thresholds policy and the East Chula Vista TranspOrtation Phasing Plan: a.. Improve Telegraph Canyon Road between State Route 125 and the EastLake Greens/rrails boundary to siX-lane prime arterial standards. ( 6~~~.E:onstruct P.'ente Parkway aR~" EastLake Parkway as major roads between .'.'. Telegraph Canyon Road and Orange Avenue. c. Construction of a southbound State Route 125 to eastbound Telegraph Canyon Road loop ramp at the State Route l25/relegraph Canyon Road intersection or extend State Route 125 South to East Palomar Street (which would Connect to the EastLake II street -.,. . system). 0 ."--. (pg. '4-37) 67. The on-site water storage tank shall receive additional landscaping. This shall include the use of additional vegetation within the site compound to obscure the tank itself, as well as exterior landscaping of the perimeter fence to provide a more aesthetic screen. 68. Residential units in the vicinity of the SDG&E transmission line shall be spaced and orie:Jted to minimize views of those facilities. The 50-foot buffer along bot~ sides of the roadway traversing the northern site boundary shall receive sufficient landscaping to effectively screen development associated with EastLake 1. Additionally, residential units in the northern project site shall be spaced and oriented to minimize views to the north where appropriate. 69. A preliminary geoteChnical report has been prepared for the EastLake Greens pro!Jerty by San Diego Soils Engineering, Inc. (986). This report contains various recommendations to provide adequate Surface and subsurface drainage and erosion control that shall be incorporated into the project design. Recommended measures include, but are not limited to, ~ the following: -12- \ \ - }5 . . { _.( ( ( . ( .., Surface and Subsurface Drainaqe: Surface runoff into downslope natural areas and graded areas should be minimized. Where possible, drainage should be directed to suitable disposal areas via non erosive devices (i.e., paved swales and storm drains). Pad drainage .should be designed to.collect and direct surface waters '''', away from proposed structures to approved drainage facilities. For earth areas, a minill1l.D11 gradient of two percent should be maintained .. and drainage. should be directed toward approved swales or drainage raclIIcles. l)ralna~tterns approved at the time of fine grading should be maintained throughout the life of proposed structures.. 70. Subdrains shall be placed under all fill located in eXisting drainage eollIOSE1~, at ..i,dentified or pGtential.. .seepage areas. Specific locations shall be. evaluated in the field during grading with general subdrain locat;ions . indicated on the approved grading plan. The' sUbdrain installation shall be reviewed by the engineering geOlogist prior to fill placement. 71. Drainage devices are required behind stabilization fills to minimize the build-up.. of... hydrostatic. and/or seepage forces. (See Preliminary Geotechnical Investigations, San Diego Soils Engineering, . Inc. (1986) for details and reconmended locations of these backdrains.) Depending on slope height, at least one tier of drains would be required for approximately every 30 feet of slope height. Drains may also be needed at contacts between permeable and non-permeable formations. ( 72. Slopes shall be planted with appropriate drought-resistant vegetation as recommende~ by a landscape architect immediately fOllOwing grading. Erosion control and drainage devices shall be installed in compliance with the requirements of the City of Chula Vista. 73. Water. shah not be' allowed"to run over the top of or flow down graded or natural slopes. 74. Devices constructed to drain and protect slopes, including brow ditches, berms, retention basins, terrace drains (if utilized) and down drains shall be maintained regularly, and in partiCUlar, should not be allowed to clog '50 that water can flow unchecked over slope faces. Subdrain outlets shall be maintained to prevent burial o~ other blockage. 75. To ensure that significant and potentially unique fossils and paleontological resources are not destroyed without examination and analysis, it shall be required that a qualified paleontologist monitor the initial grading activities during development of the EastLake Greens site. 76. a. Halls and/or berms shall be installed to the satisfaction of the Director of Planning to reduce noise exposure to acceptable levels onsite. .' l The applicant has proposed an optional 5-foot fence enclosing the perimeter of the residential boundary (Figure 2-10), and the 5-foot wall height was factored into the model to analyze the effectiveness -13- ll- )~ . . (( (( (( (( ". d. The SPA Plan and Tentative Map Commission and City Oouncil density, if any. will be returned to the Planning for adoption of the increased { 78. Prior to the recordation of the final map, the EastLake I private park agreement- shall.be approved :by .the City. Council. 79. The EastLake Greens Development Agreement shall contain a provision making the EastLake Greens project subject to the Transportation Phasing' Plan'and the-.<Gcowth'Management- Element: of the- General Plan.~'" . 80. Prior to recordation of the final map, the applicant shall submit an agreement to. the City regarding public use of the golf course... This may' -be'addressed in the conditional use permit required for the golf course. 81. The Planning Oommission recommendation regarding the reduction of dwelling units contained in Condition 13 of the EastLake II General Development Plan is incorporated into this resolution (EastLake Greens reduced from 3609 dwelling units to 2774 dwelling units). FINDINGS: .". 'i. \.. Pursuant to Section 66473.5 of the SUbdivision Map Act, Tentative Subdivision Map for EastLake Greens Tract 88-3 is found to be consistent with. the .Chula Vista General Plan as adopted by the Chula Vista City Council based on the following findings: 1. Land Use Element The General Plan designates the EastLake Greens areas for LOw-Medium Residential as well as commercial, public, quasi-public (schools, parks, churches) and some open space. The recommended 2,774 residential units is within the density (between target and maximum) range of the General Plan residential designation of low/medium residential (3-6. du/gr. ac.), inclUding density transfers from the park, school, and golf course to the residential area (327 du). 2. Circulation Element All of the on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the EastLake Greens Public Facilities Financing Plan and Development Agreement. l 3. Housing Element The proposed project will provide a minimum of 10% housing including a mix of housing types and lot single-family, townhouses, condominium and various densi ties that will provide a wide spectrum of housing persons of various incomes. affordable sizes for apartment pr ices for .' -15- H-17 .' ( ( ( ( '( of such a wall on the si9!!ilicant noise impacts projected onsite. In some cases, a S::foot-.walL:height was determined not to be required and a lower wall height was evaluated. It was determined that a 5-foot barrier along the top of slope on . portio!ls..of.the eastern :side 'of EastLake Parkway and portions of the in~erna~loop. road, and contiguous to the northern and southern entry roads, would reduce projected onsite noise levels below 65dB(A)OIEL (Figure -4-17). A 3-foot barrier would also be required along .the central: golf Course--road:' to' further' attenuate onsite noise levels. Noise levels at the park could be reduced through the incorporation of barriers of minimal height (Le., 1 to 2 feet). Walls are not recommended because of aesthetic considerations and because the attenuation required is Only two decibels. Attenuation at the park could be achieved by raising the pad elevations near the contributing roadways by. 2 feet instead of incorporating a barrier. The barriers along residential portions of the site should consist of walls, earth berms, or a combination of walls and berms. Noise levels above 65 dB(A) and below 75 dB(A) CNEL' are considered compatible with the proposed commercial area in the northwest corner of the project area . . and no barriers are required to attenuate the noise levels in this area of the site. . -. ...- ':," . ~ Based :011 the. current grading plan, the identified noise walls would mitigate the projected exterior noise levels below the required 65 ..::,r;:.:a.EL' standard',and:;.to: a.:leveL~f insignificance with the exception of the park where slight exceedances would occur. If the pad elevation is raised, as' recommended, no adverse noise impacts would occur . ". onsite. 'b. For. those portions of the site exposed to 60 CNEL or greater (identified in Figure 4-17), an interior acoustical analysis will be ~ required once building plans and site plans are - made available to -.ensure the use of appropriate construction materials to attenuate the interior noise levels below a level of significance. 77. On an interim basis; Parcels R-24; R-25, R-26, R-27, and R-28 shall be zoned at the target density of 4.5 dwelling units per acres. A maximum of 4,034 units will be approved for EastLake II until such time as the guidelines for exceeding the target density for the General Plan Update are resolved. The fOllowing procedure will occur to determine additional density, if any, for the EastLake project. a. Specific guidelines for exceeding the target General Plan density will be adopted; b. The adopted General Plan poliCies will be applied to determine the incremental units to be added to EastLake II. ,- l c. The units from the new calculation will be distributed to these five parcels or other unsubdivided portion of EastLake Greens Tentative Map. -14- \\ - let' . . , ( ( ( '- ( ;, 4. Parks and Recreation Element The subdivision will provide approximately 40 acres of improved COImlUnity and neighborhood parks in a=ordance with locations and standards of the General Plan. The required park acreage for - >;:East~e ,Greens-is 29.2 acres. c 5. Public'Facilities Element ,..-E<The -project _-is ""obligated-"111 the conditions of approval to participate in providing the water faCilities, wastewater facilities and drainage facilities required by the POlicies of the General . ",Plan. These include emergency water storage reservoir, construction of a,50 million gallon facility by OMWD, prOVisions for additional wastewater facilities by parallel sewer pipelines and constructing on-site detention basins to reduce peak storm flows. . 6. ,Open Space and Conservation Element The proposed subdivision is in conformance with the goals and POlicies of the element. There are no land resources, water resources, plant or animal resources or open space areas identified for preservation in the General Plan for this site. 7. ( Safety Element The project site is considered a seismically actiVe area, although there are no known active faults on or adjacent to the property. The fire orotection facilities and services needed to serve the project have been reviewed by the Fire Department. Other emergency service agencies have reviewed the proposed subdivision for conformance with safety policy. The project will increase the need for additional police and fire personnel, however, the City is planning to meet the need with additional revenues provided by the project. Pursuant to Section 66412.3 of the SUbdiVision Map Act, th~ effects of the tentative "ap for EastLake Greens Tract 88-3 on the housing needs of the region has been considered in th'it the subdivision will prOVide a variety of hOUSing types that will serve all aspects of the community. The COuncil has further balanced the need for housing against public service needs of its residents and available fiscal and environmental resources in that the City has weighed the fiscal effects of the. project and finds that it will not deplete CUrrent resources and has further balanced the environmental effects by incorporating mitigation measures. Pursuant to Section 66473.1 of the SUbdiVision 1'~3p Act, the EastLake Greens Tract 88-3 has provided to the extent feasible for future passive or natural heating or cooling OPPOrtunities in that the proposed design has a predominant north-south orientation of long, narrow parcels .' l -16- ll- I? .' .. - .- (, ( I '- . . ( .. of ( c ( encouraging east-west orientation of bUildings and creating southern exposure for pitched longitudinal roofs to facilitate solar energy. Presented by ~~._'-:;".':':~ ...: '::!"":".... crJt~~~~~~ ge Krempl Direc of Plannng 5930a ~ _"0; . Approved as to form by .' -17- \I - -U> RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT 88-3, EASTLAKE GREENS PHASE lD, UNITS 25 AND 40, REJECTING ON BEHALF OF THE PUBLIC THOSE PORTIONS OF LOTS 1 AND 2 MARKED "RESERVED FOR FUTURE STREET" GRANTED ON SAID MAP, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of chula vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 88-3, EASTLAKE GREENS PHASE lD, Units 24 and 40, and more particularly described as follows: Being a subdivision of a portion of Section 3, Township 18 South, Range 1 West, San Bernardino Meridian, according to united States Government Survey, together with a portion of Rancho Janal, according to Map thereof recorded in Book 1, Page 89 of Patents, records of San Diego County, all in the City of Chula Vista, County of San Diego, state of California. Area: 65.902 Acres Numbered Lots: 87 No. of Lots: 3 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that portions of Lots 1 and 2 are hereby rejected for future street purposes. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula vista the easements with the right of ingress and egress for street tree planting and maintenance and construction and maintenance of sewer and drainage facilities, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. II~ -I BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, that said lots are rejected for future street purposes, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting and sewer and drainage facilities, as granted thereon and shown on said map within said subdivision is accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED tha t the Ci ty Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement for Chula vista Tract 88-3, EASTLAKE GREENS PHASE lD, units 25 and 40, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is authorized and directed to execute said Agreement for and on behalf of the City of Chula vista. Presented by ed J to "1) John P. Lippitt, Director of Public Works 8930a Bruce M. Boogaa d City Attorney IIA'i.- Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT CHULA VISTA TRACT 88-3 EastLake Greens Phase 10, Units 25 & 40 Regarding Condition Nos. 30, 31 (b), 31(c) and 80 This Agreement is made this 18th day of June, 1991, by and between THE CITY OF CHULA VISTA, California ("Chula vista" or "Grantee" for recording purposes only) and WESTERN SALT COMPANY, a California Corporation, and EASTLAKE DEVELOPMENT COMPANY, a California General PartnerShip (both of which entities are herein referred to as "EastLake" or "Grantor" for recording purposes only), and is made with reference to the following facts: R E C I TAL S A. This Agreement concerns and affects the Property legally described as Lot 1 (part of Unit 40, Tentative Map), Lot 2 (part of Unit 40, Tentative Map) and Lot 3 (Unit 25, Tentative Map) of Subdivision Map No. , filed in the County Recorder's Office of the County of San Diego, on June , 1991, File No. , ("Property"), and is commonly known as the real property which is the subject matter of the EastLake Greens Phase 10, Units 25 and 40 Tentative Map.' 1. Filing instructions to the Title Company should include insertion of info to complete this section. ssia-EL2.wp June 11, 1991 SSIA re Phase ID, Units 25 & 40 Page 1 1 11f} -", B. EastLake is the owner of the Property; and, C. EastLake has applied for and obtained a tentative map ("Tentative Map") and has thereby obtained City approval to sub- divide a parcel of land of which the Property is a part, subject to certain requirements and conditions, as contained in Resolution No. 15200, approved on July 25, 1989; and, O. EastLake has prepared and has submitted to the City the Final Map for Chula Vista Tract 88-3, Phase 10, units 25 and 40. E. City has adopted City-wide "thresholds", as established by City Resolution No. 13346, as same may be, from time to time, amended by the city ("Quality of Life Thresholds" or "Thresholds"). These Thresholds establish performance and "quality of life" standards for a variety of services and impacts which must be in existence or met by the Project as a condition of permitting the Project to be built. The Thresholds were incorporated as conditions of Project approvals by City. F. In addition to the Thresholds, and as a mechanism to insure compliance therewith, the City has adopted the Eastern Chula vista Transportation Phasing Plan ("Phasing Plan"). The Phasing Plan provides that certain transportation facilities have to be in existence or provided by the Project as conditions of permitting the Project to be built. G. The Thresholds and the Phasing Plan establish standards and levels of service for various identified public facilities and resources. These standards and levels of service are enforced through the withholding of building permits when the public facility or resource drops below a specified threshold. H. One of the conditions of approval of the Tentative Map fdr Chula vista Tract 88-3 requires EastLake to enter into an agreement whereby the EastLake promises that the city may withhold building permits for any units in the subject subdivision if traffic on Otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" street exceed the levels of service identified in the city's adopted Thresholds. (Condition 30) 1. One of the conditions of approval of the Tentative Map for Chula Vista Tract 88-3 requires EastLake to enter into an agreement whereby EastLake promises to not protest formation of a district for the maintenance of landscaped medians and parkways along streets within and adjacent to the subject property. (Condition No. 31 (b) ) J. One of the conditions of approval of the Tentative Map for ssia-EL2.wp June 11, 1991 SSIA re Phase 10, Units 25 & 40 Page 2 1J(t - 'I' Chula vista Tract 88-3 requires EastLake to enter into an agreement whereby EastLake promises to not protest formation of an assessment district for the construction of street improvements to connect Orange Avenue and Palomar street to existing improvements to the west of the subject property and to not protest inclusion of the subject improvements as projects in the Eastern Territories Development Xmpact Fee system. (Condition No. 3l(C)) K. One of the conditions of approval of the Tentative Map for Chula vista Tract 88-3 requires EastLake to submit an agreement to Chula vista regarding public use of the Golf Course prior the recordation of any final map (Condition 80); and, NOW THEREFORE, the parties agree as follows: I. Aareement Aoolicable to Subseauent Owners. A. Aareement Bindina Uoon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the Parties as to any or all of the Property until released by the mutual consent of the parties. B. Aareement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the land owned by the City adjacent to the Property. The Burden touches and concerns the Property. It is the intent of the parties, and the parties agree, that this covenant shall be binding upon, and run with, the ownership of the land which it burdens. II. Buildina Permits Not to Issue While Thresholds Deficient (Condition 30\. A. EastLake hereby grants to the city the right to withhold building permits for any improvements on the subject Property at such time as anyone of the following occur: 1. The public facilities monitoring program as provided for in the Eastlake II Public Facilities Financing Plan ("PFFP") for the Project indicates that required facilities as identified in the PFFP or any revisions thereto have not been provided, as determined by the City Engineer and Director of Planning. 2. Traffic volumes, levels of service, utilities and/or services exceed the adopted City threshold standards, including, but not limited to, those for East "R" street, Otay Lakes Road, Telegraph Canyon Road, or EastLake Parkway. . ssia-EL2.wp June 11, 1991 SSIA re Phase 10, Units 25 & 40 Page 3 ~ /I 1=1 It_ 3. Regional development threshold limits set by the Phasing Plan have been reached. The foregoing three conditions shall herein be referred to as "Conditions for Withholding of Building Permits." B. EastLake hereby agrees to not "pUll", and City will not issue, building permits, aRa te Ret eeRetruet aRY f~rther reSiS&llt.ial s'tr\letaree aft ~fte slisjeet. Prepert.y SE' a:Flj. part.ieR tkereef if anyone of the Conditions for Withholding of Building Permits occur, exeep~ fer strast\lres fer ~~ieB sliilaiftg permit.a ha~e seeR lasses whish are liftSer eeftatr\ie~ieR at. the ~ime that. a SeRditieft fer Wi~hheldift' sf B1.:111d1R' Permi~a arises.2 2. The stricken language was originally proposed by the City Attorney. The paragraph, as stricken, Approval of the agreement as marked approval of the EastLake version. is acceptable to EastLake. for deletions will constitute The City Attorney is willing, for this Final Map only, to approve the EastLake version. Public Works concurs. Planning is still evaluating. This is a relatively small final map territory, which is planned for 40 units (and which is the subject matter of a density change request to 70 units). The city Attorney's recommendation in this limited instance only is based on the fact that (1) the city Attorney's proposed agreement is a relatively new concept and something of a surprise to EastLake (Baldwin concurred in the City Attorney's language on a recent Salt Creek/FNP Final Map), and (2) EastLake contends that they have a pending sale of the golf course. A proposed alternative ("Estimation Entitlement Language") for future agreements could be worded as follows, which similarly protects the City to a level satisfactory to the City Attorney. "EastLake hereby agrees to not "pull", and City will not issue, building permits if anyone of the Conditions for Withholding of Building Permits occur, or are estimated by the City, in its judgement, reasonably exercised, using industry- approved planning projection standards, to occur as a result of development and occupancy of the Property or of other property for which final maps have been approved." EastLake has agreed to support further workshops and discussions on this issue. ssia-EL2.wp June 11, 1991 SSIA re Phase 1D, Units 25 & 40 Page 4 ~ llfi~~ C. EastLake further waives any objection to the authority of the City to exercise its right herein granted to withhold building permits, and acknowledges the authority of the City to exercise the right herein granted. EastLake furthermore acknowledges that the exclusive remedy to seek redress for the imposition of any conditions which they deem to be improper or in excess of the authority of the City to impose is by administrative mandamus. D. City agrees that the execution of this Agreement fulfills EastLake's obligations relating to Conditions of Approval No. 30 of the Tentative Map as it applies to Property. Even though Transportation Facilites Nos. 6 (South Greensview Drive) and 10 (Hunte Parkway between Clubhouse Drive and South Greensview Drive), as idenitified in Condition No. 3 of Tentative Map Resolution No. 15200 have not been completed as required to prosecute any part of Phase 10 to final map, since this subdivision is not immediately going to result in residential lots without further division, the parties agree that EastLake's obligation to complete this condition is hereby deferred until the further division of the Property or any remaining portion of the Tentative Map. III. Cost of Landscaoe Maintenance (Condition 31b). A. EastLake hereby agrees to not protest the formation of a landscape maintenance district for the maintenance of medians and parkways along streets within and adjacent to the subject Property and to not oppose the inclusion of the Property within said landscape maintenance district. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any additional assessment which may be imposed due to the addition of these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. B. EastLake hereby agrees to pay to the City all costs incurred by the City, including staff time plus overhead and consultant costs, in the formation of the landscape maintenance district. EastLake further agrees to deposit in advance such sums as the City shall require to prosecute the formation of said district, and agrees to execute all documents necessary to achieve the formation of said district as the city shall require. C. city agrees that the execution of this Agreement fulfills EastLake's obligation to Condition 31b of Chula vista Tract 88-3 as it applies to Property. ssia-EL2.wp June 11, 1991 SSIA re Phase 10, Units 25 & 40 Page 5 II it...._ IV. Formation of Assessment District (Condition 31c). A. EastLake hereby promises to not protest formation of an assessment district which includes the Property for the construction of street improvements to connect Orange Avenue and Palomar street to existing improvements to the west of the subject property and to not protest inclusion of the subject improvements as projects in the Eastern Territories Development Impact Fee system. B. City agrees that the execution of this Agreement fulfills EastLake's obligation regarding Condition 31c of the Tentative Map as it applies to Property. V. Includina Unit 40 in Golf Course Aareement Leaal (Condition llt. A. The Parties agree that the agreement between themselves, entitled "Supplemental Subdivision Improvement Agreement Regarding Condition No. 80.", dated January 22, 1991 for the purposes of reference, is hereby amended in the following respects only, and as amended, continues to remain in full force and effect: Exhibit A, entitled "Legal Description of golf Course Lots", shall now read as follows: "Lots 6, 9, 12 and 17 in the City of Chula Vista, County of San Diego, State of California according to map thereof No. 12545 filed in the office of the County Recorder of San Diego County January 26, 1990; and, Lot 1 & 2 in the City of Chula Vista, County of San Diego~ State of California according to map thereof No. filed in the office of the County Recorder of San Diego County 4 B. City agrees that the execution of this Agreement fulfills EastLake's obligation regarding Condition 80 of the Tentative Map, as it applies to this Property. VI. Gradina Indemnities. A. EastLake hereby agrees to indemnify, defend, and hold the City harmless from any liability due to erosion, siltation or increased flow of drainage resulting from the construction of the 3. Title Company to insert info on recording. 4. Title Company to add date of recording. ssia-EL2.wp June 11, 1991 SSIA re Phase 10, Units 25 & 40 Page 6 IlJi-_~ improvements associated with the final maps for the subject Property. VII. Miscellaneous. 3. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the u.s. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. Facsimile transmission shall constitute personal delivery. CITY OF CHULA VISTA 276 4th Ave. Chula Vista, CA 92010 Attn: Engineering Department EASTLAKE DEVELOPMENT COMPANY 900 Lane Avenue, Suite 100 Chula Vista, Ca. 92013 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. Facsimile transmission shall constitute personal delivery. 4. Caotions. captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. 5. Entire Aqreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supercede or amend any other agreement between the parties unless expressly noted. This includes, but is not limited to the "Development Agreement by and between EastLake Development Company, Developer, and City of CHula Vista, City". 6. PreDaration of Aqreement. No inference, presumption shall be drawn from the fact that a attorney prepared and/or drafted this Agreement. assumption or party or his It shall be ssia-EL2.wp June 11, 1991 SSIA re Phase 10, Units 25 & 40 Page 7 1111 -~ q conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. 7. Reci tals: Exhibits. Any recitals set forth above are incorporated by reference into this Agreement. 8. Attornevs' Fees. In the event of any dispute arising out of this Agreement, the prevailing party in any action shall be entitled to reasonable attorneys' fees in addition to any other costs, damages, or remedies. ssia-EL2.wp June 11, 1991 SSIA re Phase 10, units 25 & 40 Page 8 llR-flD Signature Page to Supplemental Subdivision Improvement Agreement EastLake Greens Phase 10, units 25 & 40 Regarding Condition Nos. 30, 31(b) and 31 (c) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be effective as of the day and year first hereinabove set forth. Dated: , 1991 THE CITY OF CHULA VISTA By: Leonard M. Moore, its Mayor Pro Tem Attest: Beverly Authelet, City Clerk Approved as to Form: Bruce M. Boogaard, City Attorney Dated: , 1991 EASTLAKE DEVELOPMENT COMPANY, a California general partnership comprised of corporations, By: Daniel V. Inc., a California corporation, General Partner By: Robert Santos, t.J President ~~'fel V, Inc., a California Corporation, General Partner its Vice By: By: Robert Santos, President its Vice Dated: , 1991 WESTERN SALT COMPANY, a California Corporation By: Henry F. Hunt, President ssia-EL2.wp June 11, 1991 SSIA re Phase 10, Units 25 & 40 page 9 /lP-I;.-, I Signature Page to Supplemental Subdivision Improvement Agreement EastLake Greens Phase lD, Units 25 & 40 Regarding Conditions Nos. 30, 31(b) and 31(c) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be effective as of the day and year first hereinabove set forth. Dated: , 1991 THE CITY OF CHULA VISTA By: Leonard M. Moore its Mayor Pro Tem ~.d::._'" . __ ..- Attest: Beverly Authelet, City Clerk Approved as to Form: Bruce M. Boogaard, city Attorney Dated: , 1991 EASTLAKE DEVELOPMENT COMPANY, a California general partnership comprised of corporations, By: DANIEL V, corporati /' By: INC. a California eneral Partner ", a California Cl-l Partner ,......--- ~. . ,0 By: ..:7, Dated: J~Y7e. lL, 1991 WESTERN SALT COMP Y, a California co~ By' . '/t-.-- It~. ~'D~ Page 10 /lA-_,~ RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL AGREEMENT WITH THE DEVELOPER OF EASTLAKE GREENS PHASE lD, UNITS 25 AND 40 NEEDED TO SATISFY TENTATIVE MAP CONDITIONS OF APPROVAL NO. 30, 3l(b), 3l(c) AND 80 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on July 25, 1989, by Resolution City Council approved the Tentative Subdivision Vista Tract 88-3, EastLake Greens; and No. 15200, the Map for Chula WHEREAS, Tentative Map Condition of Approval No. 30 required developer to enter into an agreement whereby the developer promises that the City may wi thhold building permits for any units in the subject subdivision if traffic on Otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East nHn Street exceed the levels of service iden tif ied in the City I S adopted Thresholds; and WHEREAS, Tentative Map Condition of Approval No. 3l(b) required the property owner to enter into an agreement whereby property owner promises to not protest formation of a district for the maintenance of landscaped medians and parkways along streets within and adjacent to the subject property; and WHEREAS, Tentative Map Condition of Approval No. 3l(c) required the developer to agree to waive the right to protest the formation of any assessment district of the construction of street improvements to connect Orange Avenue and Palomar Street to existing improvements to the west of the subject property and to not protest inclusion of the subject improvements as projects in the Eastern Territories Development Impact Fee system; and WHEREAS, Tentative Map required developer to submit regarding public use of the Golf of any final map; and Condition of Approval NO. 80 an agreement to Chula vista Course prior to the recordation WHEREAS, the developer has executed an agreement to satisfy this requirement. the City Agreement EastLake NOW, THEREFORE, BE IT RESOLVED that the City Council of of Chula Vista does hereby approve the Supplemental with EastLake Development company, the developer of Greens Phase lD, Units 25 and 40 needed to satisfy lie-I / UB-A:!~~ Tentative Map Conditions of Approval No. 30, 3l(b), 3l(c) and 80, a copy of which is on file in the office of the City Clerk. rm by J Presented by John P. Lippitt, Director of Public Works 8934a 'ty Attorney )I B-~5! Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT CHULA VISTA TRACT 88-3 EastLake Greens Phase 10, units 25 & 40 Regarding Condition Nos. 30, 31 (b), 31(c) and 80 This Agreement is made this 18th day of June, 1991, by and between THE CITY OF CHULA VISTA, California ("Chula Vista" or "Grantee" for recording purposes only) and WESTERN SALT COMPANY, a California Corporation, and EASTLAKE DEVELOPMENT COMPANY, a California General Partnership (both of which entities are herein referred to as "EastLake" or "Grantor" for recording purposes only), and is made with reference to the following facts: R E C I TAL S A. This Agreement concerns and affects the Property legally described as Lot 1 (part of unit 40, Tentative Map), Lot 2 (part of Unit 40, Tentative Map) and Lot 3 (Unit 25, Tentative Map) of Subdivision Map No. , filed in the County Recorder's Office of the County of San Diego, on June ,1991, File No. ("property"), and is commonly known as the real property which is the subject matter of the EastLake Greens Phase 10, units 25 and 40 Tentative Map. 1 1. Filing instructions to the Title Company should include insertion of info to complete this section. ssia-EL2.wp June 11, 1991 SSIA re Phase 10, units 25 & 40 Page 1 1\ 8 - 46,,, B. EastLake is the owner of the Property; and, c. EastLake has applied for and obtained a tentative map ("Tentative Map") and has thereby obtained city approval to sub- divide a parcel of land of which the Property is a part, subject to certain requirements and conditions, as contained in Resolution No. 15200, approved on July 25, 1989; and, D. EastLake has prepared and has submitted to the city the Final Map for Chula vista Tract 88-3, Phase ID, units 25 and 40. E. City has adopted City-wide "thresholds", as established by city Resolution No. 13346, as same may be, from time to time, amended by the City ("Quality of Life Thresholds" or "Thresholds"). These Thresholds establish performance and "quality of life" standards for a variety of services and impacts which must be in existence or met by the Project as a condition of permitting the Project to be built. The Thresholds were incorporated as conditions of Project approvals by city. F. In addition to the Thresholds, and as a mechanism to insure compliance therewith, the City has adopted the Eastern Chula vista Transportation Phasing Plan ("Phasing Plan"). The Phasing Plan provides that certain transportation facilities have to be in existence or provided by the Project as conditions of permitting the Project to be built. G. The Thresholds and the Phasing Plan establish standards and levels of service for various identified public facilities and resources. These standards and levels of service are enforced through the withholding of building permits when the public facility or resource drops below a specified threshold. H. One of the conditions of approval of the Tentative Map for Chula Vista Tract 88-3 requires EastLake to enter into an agreement whereby the EastLake promises that the city may withhold building permits for any units in the subject subdivision if traffic on Otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" street exceed the levels of service identified in the City I S adopted Thresholds. (Condition 30) I. One of the conditions of approval of the Tentative Map for Chula vista Tract 88-3 requires EastLake to enter into an agreement whereby EastLake promises to not protest formation of a district for the maintenance of landscaped medians and parkways along streets within and adjacent to the subject property. (Condition No. 31(b)) J. One of the conditions of approval of the Tentative Map for ssia-EL2.wp June 11, 1991 SSIA re Phase ID, units 25 & 40 Page 2 H6-5?? Chula vista Tract 88-3 requires EastLake to enter into an agreement whereby EastLake promises to not protest formation of an assessment district for the construction of street improvements to connect Orange Avenue and Palomar street to existing improvements to the west of the subject property and to not protest inclusion of the subject improvements as projects in the Eastern Territories Development Impact Fee system. (Condition No. 31(c)) K. One of the conditions of approval of the Tentative Map for Chula vista Tract 88-3 requires EastLake to submit an agreement to Chula vista regarding public use of the Golf Course prior the recordation of any final map (Condition 80); and, NOW THEREFORE, the parties agree as follows: I. Aareement Aoolicable to Subseauent Owners. A. Aareement Bindinq Uoon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the Parties as to any or all of the Property until released by the mutual consent of the parties. B. Aqreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the land owned by the city adj acent to the Property. The Burden touches and concerns the Property. It is the intent of the parties, and the parties agree, that this covenant shall be binding upon, and run with, the ownership of the land which it burdens. II. Buildinq Permits Not to Issue While Thresholds Deficient (Condition 301. A. EastLake hereby grants to the City the right to withhold building permits for any improvements on the subject Property at such time as anyone of the following occur: 1. The public facilities monitoring program as provided for in the Eastlake II Public Facilities Financing Plan ("PFFP") for the Project indicates that required facilities as identified in the PFFP or any revisions thereto have not been provided, as determined by the City Engineer and Director of Planning. 2. Traffic volumes, levels of service, utilities and/or services exceed the adopted City threshold standards, including, but not limited to, those for East "H" Street, Otay Lakes Road, Telegraph Canyon Road, or EastLake Parkway. ssia-EL2.wp June 11, 1991 SSIA re Phase 10, Units 25 & 40 Page 3 l\ B - ..P 6'i" 3. Regional development threshold limits set by the Phasing Plan have been reached. The foregoing three conditions shall herein be referred to as "Conditions for withholding of Building Permits." B. EastLake hereby agrees to not "pull", and City will not issue, building permits, aHa te Het oonstruet any further FeaiEiclltial st.raetl;1l'ca 611 the fZJli19j ~et rreperty er any pertieR thereaf if anyone of the Conditions for Withholding of Building Permits occur, e)[eep~ fer atr\7letl:lrca fer ....."fiiel=1 Bl;1ilEiill~ pcrmi to Ra~e heaR iSBHca whiek are uRBcr eeRstI'l;1etien at the time tHat a Gsftsitien fer WithhelEiiR~ af BailEiiR! Permits ariscs.2 2. The stricken language was originally proposed by the City Attorney. The Approval approval paragraph, as stricken, of the agreement as marked of the EastLake version. is acceptable to EastLake. for deletions will constitute The City Attorney is willing, for this Final Map only, to approve the EastLake version. Public Works concurs. Planning is still evaluating. This is a relatively small final map territory, which is planned for 40 units (and which is the subject matter of a density change request to 70 units). The city Attorney I s recommendation in this limited instance only is based on the fact that (1) the City Attorney's proposed agreement is a relatively new concept and something of a surprise to EastLake (Baldwin concurred in the City Attorney's language on a recent Salt Creek/FNP Final Map), and (2) EastLake contends that they have a pending sale of the golf course. A proposed alternative ("Estimation Entitlement Language") for future agreements could be worded as follows, which similarly protects the City to a level satisfactory to the city Attorney. "EastLake hereby agrees to not "pull", and City will not issue, building permits if anyone of the Conditions for Withholding of Building Permits occur, or are estimated by the City, in its judgement, reasonably exercised, using industry- approved planning projection standards, to occur as a result of development and occupancy of the Property or of other property for which final maps have been approved." EastLake has agreed to support further workshops and discussions on this issue. ssia-EL2.wp June 11, 1991 SSIA re Phase lD, units 25 & 40 Page 4 He -.~ C. EastLake further waives any objection to the authority of the City to exercise its right herein granted to withhold building permits, and acknowledges the authority of the City to exercise the right herein granted. EastLake furthermore acknowledges that the exclusive remedy to seek redress for the imposition of any conditions which they deem to be improper or in excess of the authority of the City to impose is by administrative mandamus. D. city agrees that the execution of this Agreement fulfills EastLake's obligations relating to Conditions of Approval No. 30 of the Tentative Map as it applies to Property. Even though Transportation Facilites Nos. 6 (South Greensview Drive) and 10 (Hunte Parkway between Clubhouse Drive and South Greensview Drive), as idenitified in Condition No. 3 of Tentative Map Resolution No. 15200 have not been completed as required to prosecute any part of Phase 1D to final map, since this subdivision is not immediately going to result in residential lots without further division, the parties agree that EastLake's obligation to complete this condition is hereby deferred until the further division of the Property or any remaining portion of the Tentative Map. III. Cost of Landscape Maintenance (Condition 31b). A. EastLake hereby agrees to not protest the formation of a landscape maintenance district for the maintenance of medians and parkways along streets within and adjacent to the subject Property and to not oppose the inclusion of the Property within said landscape maintenance district. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any additional assessment which may be imposed due to the addition of these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. B. EastLake hereby agrees to pay to the City all costs incurred by the city, inCluding staff time plus overhead and consultant costs, in the formation of the landscape maintenance district. EastLake further agrees to deposit in advance such sums as the City shall require to prosecute the formation of said district, and agrees to execute all documents necessary to achieve the formation of said district as the city shall require. C. city agrees that the execution of this Agreement fulfills EastLake's obligation to Condition 31b of Chula vista Tract 88-3 as it applies to property. ssia-EL2.wp June 11, 1991 SSIA re Phase 1D, Units 25 & 40 page 5 1\ a-~ '0 IV. Formation of Assessment District (Condition 31cl. A. EastLake hereby promises to not protest formation of an assessment district which includes the Property for the construction of street improvements to connect Orange Avenue and Palomar street to existing improvements to the west of the subject property and to not protest inclusion of the subject improvements as projects in the Eastern Territories Development Impact Fee system. B. City agrees that the execution of this Agreement fulfills EastLake's obligation regarding Condition 31c of the Tentative Map as it applies to Property. V. Includina Unit 40 in Golf Course Aareement Leaal (Condition ~. A. The Parties agree that the agreement between themselves, entitled "supplemental Subdivision Improvement Agreement Regarding Condition No. 80.", dated January 22, 1991 for the purposes of reference, is hereby amended in the following respects only, and as amended, continues to remain in full force and effect: Exhibit A, entitled "Legal Description of golf Course Lots", shall now read as follows: "Lots 6, 9, 12 and 17 in the City of Chula Vista, County of San Diego, state of California according to map thereof No. 12545 filed in the office of the County Recorder of San Diego County January 26, 1990; and, Lot 1 & 2 in the city of Chula Vista, County of San Diego~ state of California according to map thereof No. filed in the office of the County Recorder of San Diego county 4 B. City agrees that the execution of this Agreement fulfills EastLake's obligation regarding Condition 80 of the Tentative Map, as it applies to this Property. VI. Gradina Indemnities. A. EastLake hereby agrees to indemnify, defend, and hold the City harmless from any liability due to erosion, siltation or increased flow of drainage resulting from the construction of the 3. Title Company to insert info on recording. 4. Title Company to add date of recording. ssia-EL2.wp June 11, 1991 SSIA re Phase 10, Units 25 & 40 Page 6 l\8-~~1 improvements associated with the final maps for the subject Property. VII. Miscellaneous. 3. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the u.s. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. Facsimile transmission shall constitute personal delivery. CITY OF CHULA VISTA 276 4th Ave. Chula Vista, CA 92010 Attn: Engineering Department EASTLAKE DEVELOPMENT COMPANY 900 Lane Avenue, suite 100 Chula Vista, Ca. 92013 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party ~n the manner provided in this paragraph. Facsimile transmission shall constitute personal delivery. 4. captions. captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. 5. Entire Aqreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supercede or amend any other agreement between the parties unless expressly noted. This includes, but is not limited to the "Development Agreement by and between EastLake Development Company, Developer, and City of CHula Vista, City". 6. Preparation of Aqreement. No inference, presumption shall be drawn from the fact that a attorney prepared and/or drafted this Agreement. assumption or party or his It shall be ssia-EL2.wp June 11, 1991 SSIA re Phase 1D, units 25 & 40 Page 7 1 \S3 ~I ~-t conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. 7. Recitals: Exhibits. Any recitals set forth above are incorporated by reference into this Agreement. 8. Attornevs' Fees. In the event of any dispute arising out of this Agreement, the prevailing party in any action shall be entitled to reasonable attorneys' fees in addition to any other costs, damages, or remedies. SSia-EL2.wp June 11, 1991 SSIA re Phase 1D, units 25 & 40 Page 8 l\B-~(d Signature Page to Supplemental Subdivision Improvement Agreement EastLake Greens Phase 1D, units 25 & 40 Regarding Condition Nos. 30, 31(b) and 31 (c) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be effective as of the day and year first hereinabove set forth. Dated: , 1991 THE CITY OF CHULA VISTA By: Leonard M. Moore, its Mayor Pro Tem Attest: Beverly Authelet, city Clerk Approved as to Form: Bruce M. Boogaard, city Attorney Dated: , 1991 EASTLAKE DEVELOPMENT COMPANY, a California general partnership comprised of corporations, By: Daniel V. Inc., a California corporation, General Partner By: Robert Santos, President its Vice By: Daniel V, Inc., a California corporation, General Partner By: Robert Santos, President its Vice Dated: , 1991 WESTERN SALT COMPANY, a California Corporation By: Henry F. Hunt, President ssia-EL2.wp June 11, 1991 SSIA re Phase ID, units 25 & 40 Page 9 "B-1JZ~lf