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HomeMy WebLinkAbout1991/05/14 Item 15 ITEM TITLE: a) SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT b) Item-15- Meeting Date 5/14/91 Resolution 11.151 Approving Final Map and Subdivision Improvement Agreement for Chul a Vi sta Tract 89-9, Salt Creek I, Unit 1 Resolution 1'- '''II Approving Final Map and Subdivision Improvement Agreement for Chul a Vi sta Tract 89-9, Salt Creek I, Unit 2 Resolution ,....", Approving Final Map and Subdivision Improvement Agreement for Chul a Vi sta Tract 89-9, Salt Creek I, Unit 3 c) d) Resolution l'-ICt2. Approving Supplemental Subdivision Improvement greement and Authorizing the Mayor to execute same e) Reso 1 ut ion 'I.I t.:5 Approvi ng Low and Moderate Income Housing Agreement and authorizing the Mayor to execute same Resolution ,...".,. Deleting condition 36, and revising conditions 31 and 37 Director of Public wor~ City Manager j 6<"1~) (4/5ths Vote: Yes_Noll f) On September 12, 1989, by Resolution 15299, the City Council approved the Tentative Subdivision Map for Chula Vista Tract 89-9 - Salt Creek I. On that tentative map phase boundaries were delineated. The final maps for unit 1,2, and 3 are now before Council for approval. RECOMMENDATION: That Council adopt resolutions "a" through "f". BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The three fi na 1 maps of Chul a Vi sta Tract 89-9, Salt Creek I, consi st of a total of 166 single family residential lots, a total of eight lots for open space, publ ic util ities and other publ ic uses, four lots for future transportation purposes and a control lot. A plat of Salt Creek I Subdivision showing the individual units is attached (see Exhibit B). The fi na 1 maps for said subdi vi s ions have been revi ewed by the Publ i c Works Department and found to be in substantial conformance with the approved Tentative Map and all relevant conditions of approval have been completed. Approval of the maps also constitutes acceptance on behalf of the public of all the streets dedicated on the subdivision maps and acceptance of all the lots granted on said maps for open space, publ ic util ities and other publ ic uses and acceptance of lots for future transportation purposes. Street 15-1 Page 2, Item I~ Meeting Date 5/14/91 dedi cat ions, easements and open space lots associ ated wi th i ndi vidual units are listed on the attached Exhibit "A". The developer has entered into a supp 1 ementa 1 subdi vi si on improvement agreement which compl ies with conditions of approval 7, 13, 38, 39 and 50. The developer has also entered into an agreement with the City which satisfy condit i on of approval 11 regardi ng the provi s i on of low and moderate income housing. Those conditions apply to all three maps being considered. A copy of the conditions of approval is attached. The developer has executed the subdivision improvement agreements and paid all fees for the three units and has provided bonds to guarantee construction of the required improvements for said subdivisions. All conditions of approval of the tentative map have been met with the exception of conditions 31, 36, 37. Condition 31 states that the developer shall grant to the City one-foot control lots adjacent to Proctor Valley Road and San Miguel Road. Approval of the Final Map for Unit 1 constitutes acceptance of the control lot adjacent to San Miguel Road. A control lot adjacent to Proctor Valley Road would not serve any purpose since Proctor Valley Road straddles the City-County boundary at that location. Therefore, only the control lot adjacent to San Miguel Road is being granted on the Final Map for Unit 1. In order to reflect this situation, condition of approval 31 is proposed to be modified to read as follows: "The developer shall grant to the City a 1 foot control lot adj acent to San Mi gue 1 Road". Condition 36 states that the developer shall provide for the costs associated with maintenance of the sewer pump station prior to approval of any subdivision maps. Construction of a gravity trunk sewer in Proctor Valley Road connecting the project to an exi st i ng Spri ng Vall ey Sani tat ion Di stri ct trunk sewer in Bonita Meadows Lane will alleviate the need for a sewer pump station for said units. Construction of this offsite sewer is included in the Subdivision Improvement Agreement executed by the developer for Unit 2. Condit ion 36 is unnecessary wi th the e 1 imi nat i on of the pump station and therefore is proposed to be deleted. Condition 37 requires the developer to enter into an agreement with the City for any sewage diversion to a foreign basin. the proposed construction of the gravity sewer line along Proctor Valley Road eliminates the need of any diversion. However, sufficient downstream capacity in the Spring Valley Sanitation District system should be provided to handle the sewage flows to be generated by Salt Creek 1. Therefore, Condition of Approval 37 is proposed to be revised to read as follows: "Prior to occupancy of any unit within Salt Creek 1 Unit 4 the developer shall enter into an agreement with the City of Chula Vista (City) to provide for Otay Municipal Water District (OMWD) emergency overflow capacity from the existing Reclaimed Water holding ponds as 15---1, Page 3, Item Meeting Date /5 5/14/91 i ndi cated in the agreement between (OMWD) and Spri ng Vall ey Sanitation District (SVSD) dated September 7, 1983. Said agreement may provide for paralleling of portions of the Frisbie Trunk line or connection to the future Salt Creek trunk sewer if deemed necessary by the "City" or the "SVSD". Any improvements associated with compl iance with said agreement shall be to the satisfaction of the "City" and OMWD." The Subdivision Improvement Agreement executed by the developer for Unit 1 includes the offsite construction of East "H" Street from EastLake Drive to San Miguel Road. FISCAL IMPACT: None. WPC 5577E 1~-3 EXHIBIT "A" The following is a list of all residential lots and lettered lots for the maps as listed on item title of this agenda item. MAP RESIDENTIAL LOTS LETTERED LOTS Unit 1 Unit 2 Unit 3 70 38 58 166 g 3 -.l 13 Approval of the Final Map for Unit 1 constitutes acceptance on behalf of the public of Rolling Ridge Road, San Miguel Road, Mountain Ridge Road, Valley Ridge Street, a portion of East "H" Street and a portion of Proctor Valley Road; Lots "A", "B", "C", and "H" for open space, public utilities and other public uses; reserving and excepting from Lot C an "underground util ities easement" which in the future will be granted by the developer to San Diego Gas and Electric Company for the installation of electric util ities to serve the subdivision; Lots "0", "E" and "1" for future transportation purposes (SR-125 right-of-way); Lot "G" for access control purposes; and acceptance on behalf of the City of Chula Vista of the easements with the right of ingress and egress for the construction and maintenance of street tree planting along dedicated streets, sewer and drainage, all as shown on the subject map. Lot F will be granted to the City by EastLake Development Company for future transportation purposes by separate document in 1 ieu of on the final map. This was necessary in order to allow Baldwin to first grant Lot "F" to EastLake so that the dedication will come from EastLake instead of the Baldwin Company. This was necessary to comply with a previous agreement between the two developers. Both grant deeds have been executed by the parties involved and submitted to the City. The deed granting lot F to the City will be approved by the City Clerk and recorded concurrently with the Final Map for Unit 1 (see Exhibit "C"). Approval of the Final Map for Unit 2 constitutes acceptance on behalf of the public of Roll ing Ridge Road, Sea Breeze Court, Rivercreek Court and Riverbend Way and Lot "A" for open space, transportation, publ ic util ities and other publ ic uses; and Lot "B" and Lot "c" for open space, public utilities and other publiC uses and acceptance on behalf of the City of Chul a Vi sta of the easements wi th the ri ght of ingress and egress for the construct i on and ma i ntenance of street tree plant i ng along dedi cated streets , all as shown on the subject map (see Exhibit "0"). Approval of the Final Map for Unit 3 constitutes acceptance on behalf of the publ ic Ro 11 i ng Ri dge Road, Ocean Breeze Way, Ocean Vi ew Lane and Wi ndy Way and Lot "A" for open space, public utilities and other public uses; and acceptance on behalf of the City of Chula Vista of the easements with the right of ingress and egress for the construction and maintenance of street tree planting along dedi cated streets, all as shown on the subject map (see Exhibit "E"). A portion of Proctor Valley Road is being real igned with development of Salt Creek l. Those portions of the existing road not needed are being abandoned. The approval of the Final Maps for the three units (Units 1,2, & 3) constitutes abandonment of all streets and easements that are not needed to serve the proposed subdi vi s i on. Sect i on 66499.20 1/2 of the Subdivision Map Act allows the abandonment of streets and easements by filing a final map not showing such street and easements. WPC 5578E 15-tf \"nuL.1'\ Y~u~i'\ Inl'\" I I"V. U~ ~ UNITS 1 THROUGH 3 LOT H I . 14 ~ ~ '\:J ... ~ t:l " ~ ~ ~i \ \ \ \ \ \ 4rALC: { "z #00 \ u.."... ... . \ \ ~ \ \ '\ \ ~ B" \ \ \ \ i " l ,.----.... : I I . : I .~./ . ~~ ' t;r .\........ VI{'IIlITfI I11P E){H' B IT 15-5' ...... . PROCTOR Ii .. U .e ~nULA VlvlA IHACI NU. e9 SALT. CREEK I - UNIT NO. 1- YALLEY 15 .. 11 .. It 70 ~ A~I> 'S"TOfll:'M t>RAITt ./ EASEMENT ~~, -- ~ /7 51 55 ~ 53 52 Lor 1!l~ _' II { W MOLlA./T,;qIA./ R/.o6"e ROAD \ - ~~--:;:::::1 '-r-- t- r- -r- _ .. -. . I " j / - V\ , 6"'- W ~:t ~.... ~ (t) 4.._ ...::.'1 ro . '-' "" f\ . .. ROLl./MS' 'IDae ) ( PO/f4J I r ---., ~. __'oJ -~ -.,~ -~ -~ I:::l ~~? 9 RO/9D /Lor H(Z) I 1 L t 3 . ":,{/ ~ 14 s 7 . . 9 ~ Jt): o .3 .. e~ 51 50 4t 41 .7 .., 45 u Lar .IV , II u I-- -1 ' -- e. n 31 U U U U 2. IS 31 37 }::? ~ 1-:;;-' . - -. 11 \ 17 V 11 ~ Uk' \ \ t' 21-'- 14 n\ 22 27 21 25 wre --- 1-:::: \0 \ "",,-=L.-:::, . JI" . Ct4ST' 19 21 20 ~ ~ ~ ~ ~ ~ ~ ~ " . .... ... .... ~ , r CDlJrnJi. LOr Lors ..srKcEr ) " SE~~ Ar-lt>) 'STC1Uot t<<At~ l:ASEMEttT .: 'f"5.S'w/or "'E?" PUWT/AAS AA/O \V ftV//Un:,vA,ucE E'A.rE:HEA/T. \ '2' CIf'.lVAJr/UA<E TOC;TP I'r7R>DPEiVJ,q,U."c \!;) PULJUC UT/L./T/E.r ;'IUD QT;YER' PU8L/C .t:.(Jz:;r. \ r:2\ GIf'.lVA/T /U FEE" TO THE C'/TP rD~ F1/7l/PE" I.:::J T"J;H.u.J"POIi'TAr/DA/ PU'~.rES. I \ - I- ,I,jff\ 'HEET t\.Z./ Sh'EET L OF ,? .sCI9LE" : ~AL I ~CL.l'\ .L - VI'U. I "'-'. -.. UlrK ~'NE'P<: A/lIP sr.,.pr: \l'I 1l<<AIIli1 E ,,~'" E pol, I.z .-OD ~wepl: AtolP 't9'rO~M ,Dtl:A\N \ \ .ASE"""tJT \ \ \ \ \ .~ .~ ~ I~ ~ ~ ~ ~. " . IE" X 1-1 / .8 I -r ( c ." , (Shed- 'Z{tJ ;~~. ~. ,~. : '. ..'~. . /5-7 , E"XHI6/T , .. o CHUtA VISTA TRACT NO. 89 - 9 SALT CREEK I - UNIT NO.2 fi\ 5. S' WIDE TREE PLANTING \V AM> MAINTENANCE EASEMENT f2\ GRANT IN FEE TO CITY FOR OPEN SPACE ~ PUBLIC UTILITIES AND OTHER PUBLIC USES O G/I'AJ./T IAI FEE TO ~/rr FOIr OPFA.! JPACEj T'A.UJ__".nOU.~VJ!Sl/C UT/UnE~~A/O . OTNER Pt:/~/~ R/IrPOJE/S. I Z )-. CD . II U . . LOT "B" . ..I. .... 0 oJ . I . sa sa u @ LOT "A" II .. ... 17 II .. .. l IS.." " EKHle/7" /I -, E CHllJlLA VISTA TRACT NO. 89 - 9 SALT CREEK I - UNIT NO. 3 . . 7 , 5 432 1 - Ii IliO' j"" 1 f 11 19 o 5.S I WIDE 1lIEE PUIllfTbIG HolD lMA1H"flflN'1l~0E tfASSMeNT o 8WfT IN Fe:: '110 l!1IltE 'tn'Y IflOR 'OPEN IS~OE. IF\l!JBLlC UTILITIES ~ ~mMeR ~ijBLaC ,USES I l 1~-1 RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT 89-9, SALT CREEK I, UNIT 1, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED ON SAID MAP, AND THE EASEMENTS AND LOTS FOR FUTURE TRANSPORTATION PURPOSES 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 89-9 SALT CREEK I, UNIT 1, and more particularly described as follows: Being a subdivision of a portion of Parcel 1 of parcel Map No. 16033, in the City of Chula Vista, County of San Diego, State of California, filed in the Recorder's office of San Diego County on March 22, 1990 as File No. 152376 of Official Records. Area: 62.98 Acres Lettered Lots: 9 No. of Lots: 79 No. of Units: 70 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 said Council hereby accepts on behalf of the public the pUblic streets, to-wit: Rolling Ridge Road, San Miguel Road, Mountain Ridge Road, Valley Ridge street, a portion of East "H" Street and a portion of Proctor valley Road and said streets are hereby declared to be public streets and dedicated to the pUblic use. BE IT FURTHER RESOLVED that Lots A, hereby accepted for Open Space, pUblic utilities uses; reserving and excepting from Lot "C" utilities easement" which in the future will developer to San Diego Gas and Electric installation of electric utilities to serve the B, C and Hare and other public an "underground be granted by the Company for the subdivision. -ts-,./P BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista Lots "D", "E" and "H" for future transportation purposes (SR-125 right of way). 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, sewer and drainage, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the Ci ty 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 public streets are accepted on behalf of the public as heretofore stated and that said lots are accepted for open space and other public uses, and that those certain easements with the right of ingress and egress for the construction and maintenance of sewer, drainage and street tree planting, 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 that the City 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 Improvement Agreement for Chula Vista Tract UNIT 1, a copy of which is on file in the Clerk, is hereby approved. certain Subdivision 89-9, SALT CREEK I, office of the City 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. John P. Lippitt, Director of public Works 8847a as to bY~ Presented by Ik Boogaard, y Attorney -2- 15-11 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199 , by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and F. N. PROJECTS, INC., 11995 E1 Camino Real, Suite 102, San Diego, Ca. 92130 hereinafter called .Subdivider"; WIT N E SSE T H : ----------- WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as Chula Vista Tract 89-09, Salt Creek I - Unit 1 pursuant to the provisions of the Subdivision Map Act of the state of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula vista, Subdivider must have ei ther installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdi visions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement securi ty to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider I s own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and Form No. CA-4l0 Revised 11/90 -1- 1~""2.. . WHEREAS, subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement secur i ties as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and condi tions, as contained in Resolution No. 15299 , approved on the 1.2th day of September , 19~("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 91-247 thru 91-260 and 90-1196 thru 90-1206 , on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of $2,810,400.00. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. subdivider, for itself and his successor s in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed wi thin thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. -2- \5 "13 " v'"' _ ,~,. _ I , i ; . 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement work required under the provisions of this contract to be done on or before the third anniversary date of Council approval of the subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that .portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the state of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sUfficiency has been approved by the City in the sum of ONE MILLION, FOUR HUNDRED FIVE THOUSAND, TWO HUNDRED DOLLARS ($1,405,200.00) which. security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sUfficiency has been approved by the City in the sum of ONE MILLION, FOUR HUNDRED FIVE THOUSAND, TWO HUNDRED DOLLARS ($1,405,200.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. B. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWELVE THOUSAND, SIX HUNDRED THIRTY DOLLARS ($12,630.00) (per private engineer's estimate) to secure the installation of monuments, which secur i ty is attached hereto, marked Exhibit "C" and made a part hereof. -r5-1'f .~ - . -. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement secur i ty. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the state Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the pUblic improvements constructed pursuant to this agreement: provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. {S-IS ~ 13. It is understood and agreed that Ci ty, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. I t shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. -~, 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought wi thin the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. L (Attach Notary Acknowledgment) ,S-" 1 1 -- -. .'. . . - LIST OF EXHIBITS Exhibit "A" .~~.. - "",., ,.. . -'" - Improvement Security - Faithful Performance Form: Amount: Exhibit "B" Bond $1,405,200.00 Improvement Security - Material and Labor: Form: Amount: Exhibit "C" Bond $1,405,200.00 Improvement Security - Monuments: Form: Amount: Bond $12,630.00 Securities approved as to form and amount by tL ~;y7:! Improvement Completion Date: Three (3) years from date of Council approval of the Subdivision Improvement Agreement 0156a 15:-1') Item 15 a Revised 5/14/91 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT 89-9, SALT CREEK I, UNIT 1, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED ON SAID MAP, AND THE EASEMENTS AND LOTS FOR FUTURE TRANSPORTATION PURPOSES 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 enti tled CHULA VISTA TRACT 89-9 SALT CREEK I, UNIT 1, and more particularly described as follows: Being a subdivision of a portion of Parcel 1 of Parcel Map No. 16033, in the City of Chula Vista, County of San Diego, State of California, filed in the Recorder's office of San Diego County on March 22, 1990 as File No. 152376 of Official Records. Area: 62.98 Acres Lettered Lots: 9 No. of Lots: 79 NO. of units: 70 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 said Council hereby accepts on behalf of the public the public streets, to-wit: Rolling Ridge Road, San Miguel Road, Mountain Ridge Road, Valley Ridge Street, a portion of East "H" Street and a portion of Proctor Valley Road and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that Lots A, B, C and Hare hereby accepted for Open Space, public utilities and other public uses; reserving and excepting from Lot "C" an "underground utilities easement" which in the future will be granted by the developer to San Diego Gas and Electric company for the installation of electric utilities to serve the subdivision. -1- I~c, BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula vista Lots "D", "E" and 11!1 "I" for future transportation purposes (SR-125 right of way). BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista Lot G for access control 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, sewer and drainage, all as granted and shown on said map wi thin said subdivision, subject to the conditions set forth thereon. 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 public streets are accepted on behalf of the public as heretofore stated and that said lots are accepted for open space and other public uses, and that those certain easements with the right of ingress and egress for the construction and maintenance of sewer, drainage and street tree planting, 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 that the City 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 Improvement Agreement for Chula Vista Tract UNIT 1, a copy of which is on file in the Clerk, is hereby approved. certain Subdivision 89-9, SALT CREEK I, office of the City 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. John P. Lippitt, Director of Public Works 8869a Approved as to form by B<"c~~~J-:Att""" Presented by -2- IS-7/'5-'1 Item 15 b Revised 5/14/91 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT 89-9, SALT CREEK I, UNIT 2, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED ON SAID MAP, AND 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 89-9 SALT CREEK I, UNIT 2, and more particularly described as follows: Being a subdivision of a portion of Parcel 1 of Parcel Map NO. 16033, in the City of Chula Vista, County of San Diego, State of California, filed in the Recorder's office of San Diego County on March 22, 1990 as File No. 152376 of Official Records. Area: 15.1603 Acres Lettered Lots: 3 No. of Lots: 41 No. of units: 38 is made in the manner and form prescribed by law and conforms to the sur rounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the pUblic streets, to-wit: ROlling Ridge Road, Sea Breeze Court, Rivercreek Court and Riverbend way and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that Lots Band C MJ/JI I)!: are hereby accepted for Open Space, public utilities and other public uses. BE IT FURTHER RESOLVED that Lot "A" is hereby accepted for open space, transportation, public utilities and other public uses. -1- )5- /79 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, all as granted and shown on said map within said subdivision, sUbject to the conditions set forth thereon. 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 public streets are accepted on behalf of the public as heretofore stated and that said lots are accepted for open space and other public uses, and that those certain easements with the right of ingress and egress for street tree planting and maintenance, 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 that the City 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 Improvement Agreement for Chula vista Tract UNIT 2, a copy of which is on file in the 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. certain Subdivision 89-9, SALT CREEK I, office of the City John P. Lippitt, Director of Public Works 8870a APP'Z -:n~~5:'":o Bruce M. Boogaar , C1ty Attorney Presented by -2- I ~ -/7h RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT 89-9, SALT CREEK I, UNIT 2, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED ON SAID MAP, AND THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVI SION, AND APPROVING THE SUBDIVI S ION 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 89-9 SALT CREEK I, UNIT 2, and more particularly described as follows: Being a subdivision of a portion of Parcel 1 of Parcel Map No. 16033, in the City of Chula vista, County of San Diego, State of California, filed in the Recorder's office of San Diego County on March 22, 1990 as File No. 152376 of Official Records. Area: 15.1603 Acres Lettered Lots: 3 No. of Lots: 41 No. of Units: 38 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 said Council hereby accepts on behalf of the public the pUblic streets, to-wit: Rolling Ridge Road, Sea Breeze Court, Rivercreek Court and Riverbend way and said streets are hereby declared to be public streets and dedicated to the pUblic use. BE IT FURTHER RESOLVED that Lots Band C and Hare hereby accepted for Open Space, public utilities and other public uses. BE IT FURTHER RESOLVED that Lot "A" is hereby accepted for open space, transportation, public utilities and other public uses. -1- /5-1tJ. 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, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. 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 public streets are accepted on behalf of the public as heretofore stated and that said lots are accepted for open space and other public uses, and that those certain easements with the right of ingress and egress for street tree planting and maintenance, 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 that the city 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 Improvement Agreement for Chula Vista Tract UNIT 2, a copy of which is on file in the Clerk, is hereby approved. certain Subdivision 89-9, SALT CREEK I, office of the City 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. John P. Lippitt, Director of Public Works 8848 a Presented by -2- I ~ --I, . , 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 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199 , by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and F. N. PROJECTS, INC., 11995 El Camino Real, Suite 102, San Diego, Ca. 92130 hereinafter called "Subdivider"; WIT N E SSE T H : ----------- WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as Chula Vista Tract 89-09, Salt Creek I - Unit 2 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have ei ther installed and completed all of the pUblic improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and Form No. CA-410 Revised 11/90 15"2tJ ,......" - ~~ ~ '. . ".~ "'",-.,~ ,. 'I WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to Ci ty improvement. secur i ties as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, contained in of September subject to certain requirements and conditions, Resolution No. 15299 , approved on the 12th , 19~("Tentative Map Resolution"); and as day WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos.9l-26l thru 91-267 and 91-186 thru 91-196 , on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said pUblic improvements according to said plans and specifications has been submitted and approved by the City in the amount of $1,224,000.00. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. -/S...z..1 '-' J. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the third anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said pUblic improvements or the portion thereof serVing said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly under stood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the prOVisions of the ordinances of the City of Chula Vista, and the laws of the state of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose SUfficiency has been approved by the City in the sum of SIX HUNDRED TWELVE THOUSAND DOLLARS ($612,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of SIX HUNDRED TWELVE THOUSAND DOLLARS ($612,000.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose SUfficiency has been approved by the City in the sum of SIX THOUSAND NINE HUNDRED TWO DOLLARS ($6,902.00) (per private engineer's estimate) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. -/5-'2.'# ~ 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by city for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any ~ifference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by Ci ty in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all pUblic improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. -tS-Z7 -. ~- I . .> 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or ar ising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resul ting from diversion of water s, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA R: F. N. INC. Mayor of the City of Chula Vista p~ ~ (Attach Notary Acknowledgment) -15...2.'f .. LIST OF EXHIBITS Exhibit -A- Improvement Security - Faithful Performance Form: Bond Amount: $612,000.00 Exhibi t -B- Improvement Security - Material and Labor: Form: Bond Amount: $612,000.00 Exhibi t - C- Improvement Security - Monuments: Form: Bond Amount: $6 902 00 , . Securities approved as to form and amount by tL t1t~1~' Improvement Completion Date: Three (3) years from date of Council approval of the Subdivision Improvement Agreement 0156a -f5..zS Item 15 c Revised 5/14/91 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT 89-9, SALT CREEK I, UNIT 3, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOT GRANTED ON SAID MAP, AND 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 89-9 SALT CREEK I, UNIT 3, and more particularly described as follows: Being a subdivision of a portion of Parcel 1 of parcel Map No. 16033, in the City of Chula Vista, County of San Diego, State of California, filed in the Recorder's office of San Diego County on March 22, 1990 as File No. 152376 of Official Records. Area: 14.01 Acres Lettered Lots: 1 No. of Lots: 59 No. of Units: 58 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 said Council hereby accepts on behalf of the public the public streets, to-wit: Ocean Breeze way, Ocean View Lane, Rolling Ridge Road and Windy Way and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula vista Lot . A' for open space, transportation, public utilities and other public uses. -1- 15'- c2s q 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, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. 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 public streets are accepted on behalf of the public as heretofore stated and that said lot is accepted for open space and other pub 1 ic uses, and that those certain easements with the right of ingress and egress for street tree planting and maintenance, 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 that the City 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 Improvement Agreement for Chula vista UNIT '}. 3, a copy of which is on file Clerk, fS hereby approved. that certain Subdivision Tract 89-9, SALT CREEK I, in the office of the City 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 Approved as to Ii- tho John P. Lippitt, Director of public Works 887la Bruce M. Boogaard, City Attorney -2- Is-:l-5~ RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT 89-9, SALT CREEK I, UNIT 3, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOT GRANTED ON SAID MAP, AND 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 89-9 SALT CREEK I, UNIT 3, and more particularly described as follows: Being a subdivision of a portion of Parcel 1 of parcel Map No. 16033, in the City of Chula Vista, County of San Diego, State of California, filed in the Recorder's office of San Diego County on March 22, 1990 as File No. 152376 of Official Records. Area: 14.01 Acres Lettered Lots: 1 No. of Lots: 59 NO. of Units: 58 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 said Council hereby accepts on behalf of the public the public streets, to-wit: Ocean Breeze Way, Ocean View Lane, Rolling Ridge Road and Windy Way and said streets are hereby declared to be pUblic streets and dedicated to the public use. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista Lot . A. for open space, transportation, public utilities and other public uses. -1- 1S'..jj 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, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. 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 public streets are accepted on behalf of the public as heretofore stated and that said lot is accepted for open space and other pUblic uses, and that those certain easements with the right of ingress and egress for street tree planting and maintenance, 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 that the City 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 Improvement Agreement for Chula Vista Tract UNIT 2, a copy of which is on file in the Clerk, is hereby approved. certain Subdivision 89-9, SALT CREEK I, office of the City 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. John P. Lippitt, Director of public Works 8849a .'X 0 f:Q Presented by a d, Clty Attorney -2/~,jj --~-~-_.- ..-.,.--. . . " Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 92010 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199 , by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and F.N. PROJECTS, INC., 11995 El Camino Real, Suite 102, San Diego, California 92130 hereinafter called .Subdivider"; WIT N E SSE T H : WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SALT CREEK I - Unit 3 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdi visions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement secur i ty to insure the performance of said work pur suant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider I s own expense, all of the pUblic improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and Form NO. CA-410 Revised 11/90 - J5-z.8 I . WHEREAS, subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore subject to certain requirements and conditions, Resolution No. 15299 , approved on the 12th , 19~("Tentative Map Resolution"); and as day been approved, contained in of September WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 91-268 through 91-274 , on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of $536,000.00. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successor s in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed wi thin thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. -~-~ 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the third anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that -portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said pUblic improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. I t is expressly under stood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sUfficiency has been approved by the City in the sum of TWO HUNDRED SIXTY EIGHT THOUSAND DOLLARS AND NO CENTS ($268,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sUfficiency has been approved by the City in the sum of TWO HUNDRED SIXTY EIGHT THOUSAND DOLLARS AND NO CENTS ($268,000.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sUfficiency has been approved by the City in the sum of TEN THOUSAND FOUR HUNDRED FORTY-TWO DOLLARS AND NO CENTS ($10,442.00) (per private engineer's estimate) to secure the installation of monuments, which secur i ty is attached hereto, marked Exhibit .C" and made a part hereof. -}I5--30 . 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by city for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the city, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement secur i ty. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by Ci ty in connection with the approval of the Improvement Work plans and installation of Improvement work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines wi thin the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement: provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. -15.._ ,. ~..._.",-,-.,.~ .~ ~. , . " 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of subdivider, its agents or employees, or indemnitee, related to this agreement. subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or ar ising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement secur i ty shall not be required to cover the provisions of this paragraph, Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resul ting from diversion of water s, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems, The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) year s following the acceptance by the City of the improvements, ~ I I , 14. subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA ~ Gallagher, Vice sident ~----- c:= ~o.---9L Patt Frank, Assistant Secretary Mayor of the City of Chula Vista ATTEST C' Y Clerk t (Attach Notary Acknowledgment) -'S..Ji . . . . , LIST OF EXHIBITS Exhibit .A. Improvement Security - Faithful Performance Form: Amount: Bond $268,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Amount: Bond $268,000.00 Exhibit "C. Improvement security - Monuments: Form: Amount: Bond $10,442.00 Securities approved as to form and amount by IL ~;y~ Improvement Completion Date: Three (3) years from date of Council approval of the Subdivision Improvement Agreement 0156a -}s-il Item 15 d Revised 5/14/91 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 89-9, SALT CREEK I, AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on September 12, 1989, by Resolution 15299, the City Council approved the Tentative Subdivision Map for Chula vista Tract 89-9 - Salt Creek I; and WHEREAS, the developer has also executed a Supplemental Subdivision Improvement Agreement which complies with conditions of approval l~'/l~j/l7j/Z~'/Zl/~n~/~~ 7, 13, 38, 39 and 50. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the supplemental subdivision Improvement Agreement for Chula Vista Tract 89-9, Salt Creek I, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby author ized and directed to execute said agreement for and on behalf of the City of Chula Vista. John P. Lippitt, Director of Public Wor ks 8872a Approved as to form by ;L th. L,~ Bruce M. BOOg~a~, Clty Attorney Presented by J5 - 3f RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 89-9, SALT CREEK I, AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on september 12, 1989, by Resolution ci ty Council approved the Tentative Subdi vis ion Map vista Tract 89-9 - Salt Creek I; and 15299, the for Chula WHEREAS, the developer has also executed a supplemental Subdivision Improvement Agreement which complies with conditions of approval 10, 14, 17, 20, 31 and 44. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve the supplemental Subdivision Improvement Agreement for Chula vista Tract 89-9, Salt Creek I, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula vista. D~rector of fO:.:o Presented by ~x John P. Lippitt, Public Works 8855a r , c~ty Attorney I~Jt!j'31. RECORDING REQUESTED BY: city of Chula vista WHEN RECORDED RETURN TO: City of Chula vista 276 Fourth Avenue Chula Vista, California 91910 Attention: City Attorney SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT CHULA VISTA TRACT 89-9 Salt Creek, units 1,2,3 & Multi Family THIS AGREEMENT is entered into on May 14, Projects, Inc., a California corporation (FNP) CHULA VISTA, a municipal corporation (City) following: 1991 between FN and THE CITY OF pursuant to the R E C I TAL S A. This Agreement concerns and affects the Property legally described as Parcel 1 of Parcel Map 16033, filed in the County Recorders Office of the County of San Diego, on March 22, 1990, File No. 90-152376, ("Property"), and is commonly known as the real property which is the subject matter of the Salt Creek I Project, units 1, 2, 3, & MUlti-family). B. FNP is the owner and developer of Property. C. FNP has applied for and obtained tentative approval to subdivide the Property and is planning to improve the Property with 166 single family residential units, and 334 multi-family residential units, multi-phase planned community ("Project"). D. city has adopted city-wide "thresholds", as established by city Resolution No. 13346 ("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. E. In addition to the Thresholds, and as a insure compliance therewith, the city has adopted the vista Transportation Phasing Plan ("Phasing Plan"). Plan provides that certain transportation facilities mechanism to Eastern Chula The Phasing have to be in ssia-fnp.wp May 9, 1991 Supplement Agreement re Salt Creek I Page 1 1'5 -:17 existence or provided by the Project as conditions of permitting the Project to be built. F. 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. G. City approved a tentative subdivision map for Salt Creek I with certain conditions (Chula vista Tract 89-9) by Resolution No. 15299, on September 12, 1989. H. FNP has prepared and has submitted to the city the Final Map for Chula vista Tract 89-9, units 1, 2 and 3. I. One of the conditions of approval of the tentative map for Chula vista Tract 89-9 requires FNP to not oppose the inclusion of additional areas within the open space maintenance district for the project (Condition 7). J. Two of the conditions of approval for Tentative Map Chula vista Tract 89-9 require FNP to agree to comply with the thresholds and standards created by City Resolution No. 13346 and the Phasing Plan (Conditions 13 and 38). K. One of the conditions of approval of the tentative map for Chula vista Tract 89-9 requires FNP and city to enter into an agreement to not protest the formation of a landscape maintenance district (Condition 39). L. One of the conditions of Chula vista Tract 89-9 requires FNP to hold the city harmless from liability for erosion, siltation or increased flow of drainage resulting from the project (Condition 50) . NOW, THEREFORE the parties agree as follows: I. Aareement Applicable to Subseauent Owners. A. Aareement Bindina Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the Parties as to any or all of the Property 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 ssia-fnp.wp May 9, 1991 Supplement Agreement re Salt Creek I Page 2 1~=1~ parties, and the parties agree, that this covenant shall be binding upon, and run with, the ownership of the land which it burdens. II. Open Space Maintenance District. A. FNP is the owner of a parcel of property within the County of San Diego, commonly referred to as Salt Creek Ranch, located immediately to the east of, and adjacent to, the property which is the subject matter of this map--i.e., Salt Creek I. FNP hereby agrees to not oppose or protest the inclusion of the Salt Creek Ranch within the open space district for Salt Creek 1. This agreement to not oppose or protest the inclusion of Salt Creek Ranch 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 improvements and shall not interfere with the right of any person to vote in a secret ballot election. B. city agrees that the execution of this Agreement fulfills FNP's obligation to Condition 7 of Chula vista Tract 89-9. III. Buildinq Permits Not to Issue While Thresholds Deficient. A. FNP 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 I 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 ("Condition No. 38"). 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. FNP hereby agrees to not "pull", and city will not issue, building permits, and to not construct any further residential structures on the subject Property or any portion thereof if any one of the Conditions for withholding of Building Permits occur, except for structures for which building permits have been issued ssia-fnp.wp May 9, 1991 Supplement Agreement re Salt Creek I Page 3 I~ ':1' which are under construction at the time that a Condition for withholding of Building Permits arises. C. FNP 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. FNP furthermore acknowledges that the exclusive remedy to seek redress for the imposition of any condi tions 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 FNP I S obligations relating to Conditions of Approval Nos. 13 and 38 of tentative map for Chula vista Tract 89-9. IV. Cost of Landscape Maintenance. A. FNP 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 Salt Creek Ranch 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. FNP 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. FNP 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 FNP's obligation to Condition 39 of Chula vista Tract 89-9. v. Gradinq Indemnities. A. FNP, on behalf of itself and its successors and assigns, 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 improvements associated with the final maps for the subject Property. B. city agrees that the execution of this Agreement fulfills FNP's obligation to Condition 50 of the tentative map approving the ssia-fnp.wp May 9, 1991 Supplement Agreement re Salt Creek I Page 4 /5 ''10 subdivision of Chula vista Tract 89-9. VI. Miscellaneous. A. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 4th Ave. Chula Vista, CA 92010 Attn: Engineering Department FN Projects, Inc. 11975 EI Camino Real, suite 200 San Diego, CA 92130 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. B. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. C. 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. D. Preparation of Aqreement. No inference, presumption shall be drawn from the fact that a attorney prepared and/or drafted this Agreement. conclusively presumed that both parties participated preparation and/or drafting this Agreement. assumption or party or his It shall be equally in the E. Recitals: Exhibits. Any recitals set forth above are incorporated by reference into this Agreement. F. Attornevs' Fees. In the event of any dispute arising out of this Agreement, the prevailing party in any action shall be ssia-fnp.wp May 9, 1991 Supplement Agreement re Salt Creek I Page 5 I ~,tfI entitled to reasonable attorneys' fees in addition to any other costs, damages, or remedies. (End of Page. Next Page is Signature Page.) ssia-fnp.wp May 9, 1991 Supplement Agreement re Salt Creek I Page 6 1~-'f'Z- Signature Page to Supplemental Subdivision Improvement Agreement CHULA VISTA TRACT 89-9 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 FN Projects, Inc., a California corporation By: Title ssia-fnp.wp May 9, 1991 Supplement Agreement re Salt Creek I Page 7 /S-1/1/ /5 ''1'1 RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING LOW AND MODERATE INCOME HOUSING AGREEMENT AND AUTHORIZE THE MAYOR TO EXECUTE SAME The city Council of the City of Chula vista does hereby resolve as follows: WHEREAS, on september 12, 1989, by Resolution City Council approved the Tentative Subdivision Map vista Tract 89-9 - Salt Creek I; and 15299, the for Chula WHEREAS, the developer has entered an agreement with the City which shifts the burden of Condition of Approval NO. 11 regarding the provision of low and moderate income housing to other areas of the Tentative Map not the subject of the final map as to the Detached Housing Area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Low and Moderate Income Housing Agreement, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute this agreement for and on behalf of the City of Chula vista. ~ rm by J) Presented by John P. Lippitt, Director of Public Works 8840a Boogaa C1ty Attorney IS"1f~ Recording Requested By: CITY CLERK CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 ) ) ) ) ) ) ) ) ) When Recorded Mail to: Above Space for Recorder's Use Only 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. SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT REGARDING CONDITION NO. 11 This Agreement is made, for reference purposes only, as of , 1991, by and between THE CITY OF CHULA VISTA, California ("City") and FN Projects, a California corporation ("Applicant") and is made with reference to the facts set forth below: RECITALS A. WHEREAS, the Applicant is the owner of real property consisting of approximately 130 acres, located in Chula Vista, California, which is diagrammatically presented in Exhibit "A", attached hereto and incorporated herein by reference ("Salt Creek I"); and, B. WHEREAS, a tentative map ("Tentative Map") for the subdivision of Salt Creek I has been approved, subject to certain requirements and conditions, as contained in Resolution No. 15299, approved on September 12, 1989; and, C. WHEREAS, Condition No. 11 of the Tentative Map requires the Applicant to "reach an agreement with the City to devote at least 10% of the project units (approximately 55 units) to low and moderate income housing;" and, D. WHEREAS, the Applicant desires to record a final map as to a section or part of Salt Creek I, and to construct on said section a single family detached subdivision as to a section of Salt Creek I with 166 detached houses ("Detached Housing Area"); and, I~"~ E. WHEREAS, City is willing to shift the burden of this Condition No. 11, as it applies to the Detached Housing Area, to the remainder of the property which is the subject matter of Salt Creek I ("Attached Housing Area") and , F. WHEREAS, the "Attached Housing Area" is identified as "the southeastern 33.5 acres of parcel of Parcel Map 16033 filed in the County Recorder I s Office of the County of San Diego on March 22, 1990 as File Number 90-152376, which are designated for residential densities in excess of five (5) dwelling units per acre" and described in Exhibit "B": and, G. WHEREAS, the parties intend this Agreement to satisfy Condition No. 11 of the Tentative Map with respect to the Detached Housing Area and specifically contemplate that a further agreement shall be entered into by the parties to address Condition No. 11 with respect to the Attached Housing Area. NOW THEREFORE, in consideration of the mutual terms and conditions contained herein, the parties agree as follows: 1. Detached Housinq Area. without waiver or release of the city's rights under Condition No. 11 as to areas of Salt Creek I other than the Detached Housing Area, the Applicant shall be allowed to record a final subdivision map for the Detached Housing Area without complying in advance with Condition 11, but Applicant shall be released from the burden of Condition No. 11 as it applies to the Detached Housing Area. However, at or prior to such time as Applicant seeks recordation of any additional final maps as to all or any portion of Salt Creek I, Applicant will comply with Condition No. 11 and in doing so, the number of housing units to which Condition No. 11 will apply will be determined by considering the total number of housing units to be built on all of Salt Creek I, including the Detached Housing Area. For example, if 166 housing units will be built on the Detached Housing Area, the duty to devote the 17 low/moderate income families housing units that, in the absence of this Agreement, would have to be provided in the Detached Housing Area will be added to the total number of required low/moderate income family housing units that will be the subject matter of the Agreement required by Condition No. 11 on the Attached Housing Area. 2. Aqreement Runs with the Land. The burden of the covenant herein contained is for the benefit of all land owned by the city adjacent to the real property which is the subject matter of Salt Creek I and the Attached Housing Area therein contained. The burden of this covenant touches and concerns the Attached Housing Area, and all of the lots contained therein. 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 until the parties enter into a further agreement with respect to the provision of affordable housing in the Attached 2 /S..f7 Housing Area. Upon the execution of such further agreement relating to affordable housing in the Attached Housing Area, this Agreement shall be terminated and of no further force and effect, and the city shall execute a release or any other document requested by Applicant or the title company to evidence the release of this Agreement. . 3. Bindinq on Successors. The rights and duties .of this Agreement are binding on the parties hereto and each of their successors-in-interest. 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. 6. Preparation of Aqreement. No inference, presumption shall be drawn from the fact that a attorney prepared and/or drafted this Agreement. conclusively presumed that both parties participated preparation and/or drafting of this Agreement. / / / / / / / / / / / / / / / / / / / / / / / / / assumption or party or his It shall be equally in the 3 IS....' 7. Exhibits. Any recitals set forth above are incorporated by reference into this Agreement. Any exhibits referenced in this Agreement are incorporated in this Agreement by reference. 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 FN PROJECTS, corporation a California By: C:\DMS\BDL.DIR\7D19240.~P 4 15."49 l'S "';0 SALT CREEK I CHULA VISTA TRACT NO. 89 - 9 PARCEL 1 LOTS 1 THROUGH 70, LOTS "A" THROUGH "I", AND ALL STREETS LYING WITHIN CHULA VISTA TRACT NO. 89-9, SALT CREEK I, UNIT NO.1, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. , FILED IN THE RECORDER'S OFFICE OF SAID COUNTY ON TOGETHER WITH LOTS 1 THROUGH 38, LOTS "A" THROUGH "C", AND ALL STREETS LYING WITHIN CHULA VISTA TRACT NO. 89-9, SALT CREEK I, UNIT NO.2, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. FILED IN THE RECORDER'S OFFICE OF SAID COUNTY ON , ALSO TOGETHER WITH LOTS 1 THROUGH 58, LOT "A",_AND ALL STREETS LYING WITHIN CHULA VISTA TRACT NO. 89-9, SALT CREEK I, UNIT NO. 3, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. , FILED IN THE RECORDER'S OFFICE OF SAID COUNTY ON PARCEL 2 ALL THAT PORTION OF PARCEL 1 OF. PARCEL MAP NO. 16033, FILED IN THE SAN DIEGO COUNTY RECORDER'S' OFFICE ON MARCH 22, 1990, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID PARCEL MAP, DISTANCE THEREON, SOUTH 00 DEG 05' 00" EAST, 1599.09 FEET FROM THE NORTHEASTERLY CORNER THEREOF, SAID POINT ALSO BEING THE BE- GINNING OF A 47.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY IN THE BOUNDARY OF CHULA VISTA TRACT * 89-9, SALT CREEK I, UNIT NO. 1 ACCORDING TO MAP THEREOF NO. , FILED IN THE SAN DIEGO COUNTY RECORDER'S OFFICE ON ; THENCE ALONG THE BOUNDARY OF SAID PARCEL MAP, SOUTH 00 DEG 05' 00" EAST, 569.69 FEET TO A POINT ON THE ARC OF A 50.00 FOOT RADIUS NON- TANGENT CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 46 DEG 08' 16" EAST; THENCE CLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 148 DEG 27' 09", A DISTANCE OF 129.55 FEET; THENCE TANGENT TO SAID CURVE, NORTH 12 DEG 1B' 53" EAST, 50.00 FEET TO THE BEGINNING OF A 90.00 FOOT RADIUS TANGENT CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE 12 DEG 23' 53", A DISTANCE OF 19.47 FEET; THENCE TANGENT TO SAID CURVE NORTH 00 DE;c; 05' 00" WEST, 28.61 FEET TO THE BEGIN- EXHIBIT A Page 1 of 2 IS-.SI NING OF A 1964.00 FOOT RADIUS TANGENT CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 02 DEG 20' 37", A DISTANCE OF 80.34 FEET; THENCE NON- TNAGENT TO SAID CURVE, SOUTH 89 DEG 55' 00" WEST, 219.26 FEET; THENCE, SOUTH 75 DEG 27' 51" WEST, 50.00 FEET; THENCE, SOUTH 63 DEG 45' 00" WEST, 376.60 FEET; THENCE, SOUTH 57 DEG 56' 07" WEST, 91.72 FEET TO A POINT ON THE BOUNDARY OF SAID CHULA VISTA TRACT NO. 89-9, SALT CREEK I, UNIT NO.1; THENCE ALONG THE BOUNDARY OF SAID UNIT NO.1, NORTHERLY, EASTERLY AND SOUTHERLY TO THE POINT OF BEGINNING. PARCEL 3 ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 16033, FILED IN THE SAN DIEGO COUNTY RECORDER'S OFFICE ON MARCH 22, 1990, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID PARCEL MAP, DISTANCE THEREON, SOUTH 00 DEG 05' 00" EAST, 2168.78 FEET FROM THE NORTHEASTERLY CORNER THEREOF, SAID POINT BEING ON THE ARC OF A 50.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 46 DEG 08' 16" EAST; '1'HENCE CLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 148 DEG 27' 09", A DISTANCE OF 129.55 FEET; THENCE TANGENT TO SAID CURVE NORTH 12 DEG 18' 53" EAST, 50.00 FEET TO THE BEGINNING OF A 90.00 FOOT RADIUS TANGENT CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 12 DEG 23' 53", A DISTANCE OF 19.47 FEET; THENCE TANGENT '1'0 SAID CURVE, NORTH 00 DEG 05' 00" WEST, 28.61 FEET TO THE BEGINNING OF A 1964.00 FOOT RADIUS TANGENT CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 02 DEG 20' 37", A DISTANCE OF 80.34 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 89 DEG 55' 00" WEST, 219.26 FEET; THENCE, SOUTH 75 DEG 27' 51" WEST, 50.00 FEET; THENCE, SOUTH 63 DEG 45' 00" WEST, 376.60 FEET; THENCE, SOUTH 57 DEG 56' 07" WEST, 91.72 FEET TO A POINT ON THE BOUNDARY OF CHULA VISTA TRACT NO. 89-9, SALT CREEK I, UNIT NO.1, ACCORDING TO MAP THEREOF NO. , FILED IN THE SAN DIEGO COUNTY RECORDER'S OFFICE ON ; THENCE SOUTH- ERLY ALONG SAID BOUNDARY OF UNIT NO. 1 TO A POINT ON THE BOUNDARY OF THE ABOVE MENTIONED PARCEL MAP 16033; THENCE FOLLOWING SAID BOUNDARY OF PARCEL MAP 16033, SOUTH 89 DEG 06' 06" EAST, 517.28 FEET, AND NORTH 00 DEG 05' 00" WEST, 463.52 FEET TO THE POINT OF BEGINNING. . ' \s-tfL DU-P 8lT A Page 2 of 2 ALL THAT PORTION OF PARCEL 1 OF. PARCEL MAP NO. 16033, FILED IN THE SAN DIEGO COUNTY RECORDER'S,OFFICE ON MARCH 22, 1990, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON. THE EASTERLY LINE OF SAID PARCEL MAP, DISTANCB THEREON, SOUTH 00 DEG 05' 00" EAST, 1599.09 FEET FROM THE NORTHEASTERLY CORNER THEREOF, SAID POINT ALSO BEING THE BE- GINNING OF A 41.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY IN THE BOUNDARY OF CHULA VISTA TRACT' 89-9, SALT CREEK I, UNIT NO. 1 ACCORDING TO MAP THEREOF NO. , FILED IN THE SAN DIEGO COUNTY RECORDER'S OFFICE ON ; THENCE ALONG THE BOUNDARY OF SAID PARCEL MAP, SOUTH 00 DEG 05' 00" EAST, 569.69 FEET TO A POINT ON THE ARC OF A'SO.OO FOOT RADIUS NON- TANGENT CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 46 DEG 08' 16" EAST; THENCE CLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 148 DEG 21' 09", A DISTANCE OF 129.55 FEET; THENCE TANGENT TO SAID CURVE, NORTH 12 DEG 18' 53" EAST, 50.00 FEET TO THE BEGINNING OF A 90.00 FOOT RADIUS TANGENT' CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE 12 DEG 23' 53", A DISTANCE OF 19.47 FEET; THENCE TANGENT TO SAID CURVE NORTH 00 DEG 05' 00" WEST, 28.61 FEET TO THE BEGIN- NING OF A 1964.00 FOOT RADIUS TANGENT CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 02 DEG 20' 37", A DISTANCE OF 80.34 FEET; THENCE NON- TNAGENT TO SAID CURVE, SOUTH 89 DEG 55' 00" WEST, 219.26 FEET;' THENCE, SOUTH 75 DEG 27' 51" WEST, 50.00 FEET; THENCE, SOUTH 63 DEG 45' 00. WEST, 376.60 FEET; THENCE, SOUTH 57 DEG 56' 07" WEST, 91.72 FEET TO A POINT ON THE BOUNDARY OF SAID CHULA VISTA TRACT NO. 89-9, SALT CREEK I, UNIT NO.1; THENCE ALONG THE BOUNDARY OF SAID UNIT NO.1, NORTHERLY, EASTERLY AND SOUTHERLY TO THE POINT OF BEGINNING. . . , ~- 3J- EXUl1')l.T B Page 1 of 2 mU:i ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 16033, FILED IN THE SAN DIEGO COUNTY RECORDER'S OFFICE ON MARCH 22, 1990, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID PARCEL MAP; DISTANCE THEREON, SOUTH 00 DEG 05' 00" EAST, 2168.78 FEET FROM THE NORTHEASTERLY CORNER THEREOF, SAID POINT BEING ON THE ARC OF A 50.00 FOOT RA~IUS NON-TANGENT " CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS . SOUTH 46 DEG 08' 16" EAST; THENCE CLOCKWISE ALQNG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 148 DEG 27' 09", A DISTANCE OF 129.55 FEET; THENCE TANGENT TO SAID CURVE NORTH 12 DEG 18' 53" EAST, 50.00 FEET TO THE BEGINNING OF A 90.00 FOOT RApIUS TANGENT CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 12 DEG 23' 53", A DISTANCE OF' 19.47 FEET; THENCE TANGENT TO SAID CURVE, NORTH 00 DEG 05' 00" WEST, 28.61 FEET TO THE BEGINNING OF A 1964.00 FOOT RADIUS TANGENT CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 02 DEG 20' 37", A DISTANCE OF 80.34 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 89 DEG 55' 00" WEST, 219.26 FEET; "THENCE, SOUTH 75 DEG 27' 51" WEST, 50.00 FEET; THENCE, SOUTH 63 DEG 45' 00" WEST, 376.60 FEET; THENCE, SOUTH 57 DEG 56' 07" WEST, 91.72 FEET TO A POINT ON THE BOUNDARY OF CHULA VISTA TRACT NO. 89-9, SALT CREEK I, UNIT NO.1, ACCORDING TO MAP THEREOF NO. , FILED IN THE SAN DIEGO COUNTY RECORDER'S OFFICE ON ; THENCE SOUTH- ERLY ALONG SAID BOUNDARY OF UNIT NO. 1 TO A POINT ON THE BOUNDARY OF THE ABOVE MENTIONED PARCEL MAP 16033; THENCE FOLLOWING SAID BOUNDARY OF PARCEL MAP 16033, SOUTH 89 DEG 06' 06" EAST, 517.28 FEET, AND NORTH 00 DEG 05' 00" WEST, 463.52 FEET TO THE POINT OF BEGINNING. " I j . . J 5- sf- EXHIBIT B Page 2 of 2 Item 15 f Revised 5/14/91 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DELETING CONDTION NO. 36, AND REVISING CONDITIONS NO. 31 AND 37 FOR CHULA VISTA TRACT 89-9, SALT CREEK The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on September 12, 1989, by Resolution 15299, the Ci ty Council approved the Tentative Subdi vis ion Map for Chula Vista Tract 89-9 - Salt Creek I; and WHEREAS, Condition 31 for Chula Vista Tract 89-9 states that the developer shall grant to the City one-foot control lots adjacent to Proctor valley Road and San Miguel Road and approval of the Final Map for unit 1 constitutes acceptance of the control lot adjacent to San Miguel Road; and WHEREAS, a control lot adjacent to Proctor Valley Road would not serve any purpose since Proctor Valley Road straddles the City-County boundary at that location and therefore, only the control lot adjacent to San Miguel Road is being granted on the Final Map for Unit 1 and in order to reflect this situation, condition of approval 31 is proposed to be modified to read as follows: "The developer shall grant to the City a 1 foot control lot adjacent to San Miguel Road". WHEREAS, Condition 36 for Chula Vista Tract 89-9 of Salt Creek 89-9 states that the developer shall provide for the costs associated with maintenance of the sewer pump station prior to approval of any subdivision maps; and WHEREAS, construction of a gravity trunk sewer in Proctor valley Road connecting the project to an existing Spring valley Sanitation District trunk sewer in Bonita Meadows Lane will alleviate the need for a sewer pump station for said units and construction of this offsite sewer is included in the Subdivision Improvement Agreement executed by the developer for uni t 2, therefore, Condi tion 36 is unnecessary wi th the elimination of the pump station and therefore is proposed to be deleted; and 15 .. ~~ WHEREAS, Condition 37 for Chula Vista Tract 89-9 requires the developer to enter into an agreement with the City for any sewage diversion to a foreign basin. the proposed construction of the gravity sewer line along Proctor valley Road eliminates the need of any diversion; and WHEREAS, sufficient downstream capacity in the Spring valley Sanitation District system should be provided to handle the sewage flows to be generated by Salt Creek 1, therefore, Condi tion of Approval 37 is proposed to be revised to read as follows: "pr ior to occupancy of any uni t wi thin Sal t Creek I, unit 4, the developer shall enter into an agreement with the City of Chula Vista (City) J/rf I ,/!'M. t'M NrN IM'#U>plJt ~~tlJlJ~IIVif/~/AAA//~~~t~~$//<<if~/~~/~~p~/'/!lt~ t~IJIII~~~~~~~f~~IIIVifIINrNII~~II~AaA~BIII$~nlt~tlpn ~1~ttfttlll~/~~Y~Xif~~v/~~A//~~if/~~/~/t~t t~IJII/elr/rI~WWWifrfll,6;f/ll~nlIIIWrlr/#f/l'/I/rfWII,t~lltp pt~1t~IJII~II~t~tll~II~~tlJtll~llf~n~~1 1J~~t~lJnttlll~Y~vfY~II~II~II~tA~tAA4III~lJtl~~~tlpn 11~ntlll~/f~~V~Y~~~~~~/~~/fitf/ltpINrN/~~tt~t~ttt~n #.1 Mif/ It-UBI /elf I /:tltJIJ.jJI /yUt_1 1&1& 1f>'A'/{1>t to provide for Otay Municipal Water District (OMWD) emergency overflow capacity from the existing Reclaimed Water holding ponds as indicated in the agreement between (OMWD) and Spring Valley Sanitation District (SVSD) dated September 7, 1983. Sa1d agreement may provide for paralleling of portions of the Frisbie Trunk line or connection to the future Salt Creek trunk sewer 1t deemed necessary by the City or the SVSD. Any improvements associated with compliance wi th said agreement shall be to the satisfaction of the City and OMWD." NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby delete Condition 36 and revise Conditions 31 and 37 for Chula Vista Tract 89-9, Salt Creek, as set forth hereinabove. Presented by Approved as to form by ;:L t1t. John P. Lippitt, Director of Public Works 8873a Bruce M. Boogaard C1ty Attorney 15:5'10 RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DELETING CONDTION NO. 36, AND REVISING CONDITIONS NO. 31 AND 37 FOR CHULA VISTA TRACT 89-9, SALT CREEK The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, on September 12, 1989, by Resolution City Council approved the Tentative Subdivision Map vista Tract 89-9 - Salt Creek I; and 15299, the for Chula WHEREAS, Condition 31 for Chula vista Tract 89-9 states that the developer shall grant to the City one-foot control lots adjacent to Proctor valley Road and San Miguel Road and approval of the Final Map for Unit 1 constitutes acceptance of the control lot adjacent to San Miguel Road; and WHEREAS, a control lot adjacent to Proctor valley Road would not serve any purpose since Proctor Valley Road straddles the City-County boundary at that location and therefore, only the control lot adjacent to San Miguel Road is being granted on the Final Map for Unit 1 and in order to reflect this situation, condition of approval 31 is proposed to be modified to read as follows: "The developer shall grant to the City a 1 foot control lot adjacent to San Miguel Road". WHEREAS, Condition 36 for Chula vista Tract 89-9 of Salt Creek 89-9 states that the developer shall provide for the costs associated with maintenance of the sewer pump station prior to approval of any subdivision maps; and WHEREAS, construction of a gravity trunk sewer in Proctor Valley Road connecting the project to an existing Spring Valley Sanitation District trunk sewer in Bonita Meadows Lane will alleviate the need for a sewer pump station for said units and construction of this offsite sewer is included in the Subdivision Improvement Agreement executed by the developer for Uni t 2, therefore, Condi tion 36 is unnecessary wi th the elimination of the pump station and therefore is proposed to be deleted; and WHEREAS, Condition 37 for Chula Vista Tract 89-9 requires the developer to enter into an agreement wi th the Ci ty for any sewage diversion to a foreign basin. the proposed construction of the gravity sewer line along Proctor valley Road eliminates the need of any diversion; and ,s--" rJ7 -1- WHEREAS, sufficient downstream capacity in the Spring Valley Sanitation District system should be provided to handle the sewage flows to be generated by Salt Creek 1, therefore, Condition of Approval 37 is proposed to be revised to read as follows: "Prior to occupancy of any unit in Salt Creek I, the developer shall enter into an agreement with the City in which the developer agrees to pay all charges and costs associated with the connection to the Spring Valley Sanitation District. The developer shall also be responsible for the construction of any improvements required to provide for Otay Municipal Water District (OMWD) emergency overflow from the existing Reclamation Plant. Said improvements shall be to the satisfaction of the City of Chula Vista and OMWD." NOW, THEREFORE, BE IT RESOLVED that the City Council of the ci ty of Chula Vis ta does her eby delete Condi tion 36 and revise Conditions 31 and 37 for Chula vista Tract 89-9, Salt Creek, as set forth hereinabove. Presented by ruce M. Boogaar , Clty At orney John P. Lippitt, Director of Public Works 8841a I S..~ -2-