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HomeMy WebLinkAbout1991/05/14 Item 18 COUNCIL AGENDA STATEMENT b) Item~ ....b Meeting Date 5/14/91 Resolution I&,' ", Approving final map and subdivision improvement agreement for Chula Vista Tract 90-14, Rancho Del Rey Phase 5, Unit 1, Lot 77 Resolution JI" '''' Approving Supplemental Subdivision Improvement Agreement and Authorizing the Mayor to execute same Director of PUbliCWor~~ City Manager}tCI{f!~?/ (4/5ths Vote: Yes___No~) ITEM TITLE: a) SUBMITTED BY: REVIEWED BY: On August 7, 1990, by Resolution 15764, the City Council approved the Tentative Subdivision Map for Chula Vista Tract 90-14 - Rancho Del Rey Phase 5, Unit 1, Lot 77. The Final Map is now before Council for approval. RECOMMENDATION: That Council adopt resolutions "a" and "b". BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The final map of Chula Vista Tract 90-14, Rancho Del Rey Phase 5, Unit 1, Lot 77 consists of 106 single family residential lots and two lots for open space, public utilities and other public uses. The final map for said subdivision has been reviewed by the Public 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 thi s map const i tutes acceptance of a 11 drai nage, sewer, tree planting and access easements within the subdivision. Approval of this map also constitutes acceptance on behalf of the public of all the streets dedicated on the subdivision map and acceptance of the lots granted on said map for open space, public utilities and other public uses. Streets, easements and open space lots are shown on the attached Exhibit "A". The developer has also executed a Supplemental Subdivision Improvement Agreement which compl ies with conditions of approval 10, 14, 17, 20, 31 and 44. A copy of the condition of approval is attached. The developer has executed the subdivision improvement agreement and has provided bonds to guarantee construction of the required improvements. Plats are available for Council viewing. FISCAL IMPACT: None. WPC 5572E Ig-{ POR. J/ 4 sEe. 44 RANCHO DE LA NACJON MAP NO. J 66 CHULA YISTA TRACT NO.88-J RANCHO DEL REY PHAsE 3 UNIT 3 MAP NO. J 2363 $tOR. 1/4 seC.35 RANCH. 0 DE LA NAcJON ~AP NO.166 -- SUBDIVISION BOUNOARY ,-.,;:- LOT G' . ...; . CITY OPEN SPi4CE LOT '8' r-- a --l 55' TIi'EE PtANTlN6 EASEMENT fTY?)'-... LOT' A' / / ' / \ / \ / \ / LOT J \ / \ / \ /CHLJLA YJsTA TRAcT NO.88-J ( RANcHO DeL Rey PHAse 2 , ~Ap NO. J234J L01 'C CHULA YJSTA TRAcT NO. 88-J RANCHO DeL Rey PHAse 5 UNJT NO. MAP NO. J250J I J\ / / / 10 r<D'./ .AYEH/OA (. DEe. fifY orAr LAKES NO. RANCHO DEL Rfr PARKlIAr h'A\ RlCKENGINEERING COMPANY /!~ /i-/J.. RANCHO DfL REY, PIIA8E 5, {lNlT f ,LOT 11 IE )( /HJ ff B ff l! h' 5620 Frl4r. Road, Scan 01..., CAllf.rnlA 82110-2596 (618) 281-0707 PRO.JECT NUMBER SCALE I' = 300' 11461 DATE 4-22-81 (I'" j I C' 4 ( .. ", ~J -' , '.;:;i~~dP~ RESOLUTION NO. 15764 . .:....4:;':~ ',.. . '~~~N~~h~~~~,~ ~\'iISfON;"~ Y1~~ . 'Iii ~~~o L~~T~~Y o:~i :OR~:I~I~E t~T ~CHgH~~ ~~T~A~~~ ',.',:,;;''''.'::,i:~.:~; AT PASEO RANCHERO., . ,.":;,.,,:-,, "', ",;~~~ . '-,' The. Ci1;)" ~unCf1 of the City of ChulaVista does hereby resolve .~'5~;;;)i follows'" .... ,. . - ,. . '. - ,."".-;:x. . ~- ~?~'f; -:.' -', , : '. '. -~'J .... _ . . _.;~~-"'~' ~~ "'". ~r .; - 't '. '. '" ".-. ."".?';' "" ~'"' .. WHEREAS. the proposed subdivision is located in the eastern portion of ,~.!~ the City of Chula Vista. east of I-80S and is bounded on the north by the .:_~~ north leg of Rice Canyon. on the south and east by Rancho del Rey Parkw~ and _'~~' on the wes~ by the el.elIIentary school site Within SPA Ij and , . ' ,':\\'#t: '., WHEREAS, the City has previously adopted EIR 87-1 covering the Rancho del"{>Aj Rey SPA I area. including the area to be subdivided and based on the previous ;.\~ EIR 897-1 and the approval of SPA I. this site has already been graded and ":.,jjil that grading would accOlllllodate this proposed developlllentj and, " ,.:,)~~ . . ," . .. ';~:i"<~)f~ WHEREAS, on July 11. 1990. the Chula Vista Planning CoaIIIission held a:'1;} public hearing and unanimously rec:onmended approval of the Tentative MaP. ,':.-;: except for, Engineering Condition No. 20. ;::;--' , '. " NOW. THEREFORE. BE IT RESOLVED that the City 'Council of the City of Chula Vista does hereby approve the Tentative SubdJvision Map for Rancho del Rey Phase 5. Unit 1. lot 77. Chula Vista Tract 90-14 based on the fOllQwing findings: A. Pursuant to Section 66473.5 of the Subdivision Map Act. tentative subdivi sion map for Rancho del Rey Phase 5 Unit 1 lot 77.. Tract 90.,.14 is found to be consistent with the Chula Vista General Plan as adopted by the thula Vista City Council based on the fOllowing fi ndi ngs: 1. land Use Element The El Rancho del Rey Specific Plan designates this area for planned concept residential developlllent at 4 to 6 dwelling ,units per acre. The unft totals. the type of housing, and the open space system are consistent With the El Rancho del Rey Specific Plan and. therefore. consistent with the Chula Vista General Plan. Circulation Element 2. All of the on-site and off-site public streets required to serve the subdivision are consistent with the circulation element of the Chula Vista General Plan and the circulation /1;,,3 ,A Resolution No. 15764 Page..2. . . , ..-" . l ..;-'. -. -. . .' '.",~' '.: ~. ,'.. proposed within the El Rancho del Rey Specific Plan. Those facilities will be constructed in accordance with the Public ,- Facilities Financing P~an.,., " ...' , ~. '-3. - . Housing Ell!lllent . .,.... ."j-: ~. . - ~. .J:.'", ,- .'" . : ;-"f'Y',lr ". A low and moderate income housing program with an established goal of 5S low and 5S moderate is being implemented subject to the approval of the City's housing coordinator. CCllputation of the satisfaction of .U1is condition will include the entire El Rancho del Rey Specific Plan Area. The proposed project. while decreasing the total number of units. remains consistent with the . density ; designated in the ,Specific Plan.. '. _ ..,. ..:;.', '. _ .' 4. :Parts a~d Recreation Elemen't . . .- -~ . . _. . 't. ~>.'... ~.L . . -:~. ~~: .~.4'" .,". ". The SUbdivision will result in fewer' units than that proposed . ,.~ . . with the original concept of 154 duplex units. Also. the SPA I plan dedicated additional parkland beyond the minimum required per the Parkland Dedication Ordinance. .' '5. . " Public Facilities Element., ~,-~ 1. " : -.;; -.,-," ~ ~ This project is obligated in the conditions of approval to provide all on-site and off-site facilities necessary to serve this project. Other regional public facilities were included with the overall SPA I app~val. , .' 6. Open Space and Conservation Element The proposed subdivision is in conformance with the goals and policies of this element. The open space lots adjacent to' Rancho del Rey Parkway and in Rice Canyon will become part of the Rancho del Rey Open Space Maintenance District I 10. Safety Element 7. As discussed in the previous SPA I approvals. the project site is considered a seismically active area. although there are no known active faults on Dr adjacent to the property. Fire protection facilities and services needed 1;0 serve the project have been reviewed by the Fire Department. 8. Noise Element Noise mitigation measures included in the SPA I environmental Impact Report adequately address the noise policy of the General Plan. Subsequent to 'construction of noise barriers required in SPA I, interior noise levels of 45 dBA are not expected to be exceeded. Outside private areas are not expected to exceed a 65 dBA noise level. !/r - <I () "... .......-,-, . ~:~::;1~~~/ .', . ~ ::", ;-':. ....~.,'"- ~. .~".:. . .....;~...l~. .', -,"- -'..:.-.. .- ...:~ ): :~;~{~ (: ~ .; f " , " r Resolution No. 15764 Page 3 BE IT FURTHER ,RESOLVED that said tentative up is subject .to the fOllowing conditions: . 5. All streets shown on the. Tentative Map within the subdivision shall be dedicated. for public use. Design of the said streets shall meet all City standards for public streets. 6. Avenida Bfsquay shall be designed to confonn with City Standards for Class III Collector Street. A vehicle turnout lane 10 feet wide shall be provided from Rancho del Rey Parkway to Avenida de la Barca, along the school site frontage unless the School District detennines that the student drop-off/pick-up point will not be located on Avenida Bisquay. 7. Grading plans shall be submitted and approved by the City Engineer prior to approval of the Final Map. An erosion and sedimentation control plan shall be required as part of the grading plans. In the event that any fault zones are found during grading of the site, a field investigation shall be required (by a registered geologist) and any subsequent recommendations incorporated into the project design. . Slope rounding shall be in accordance with Chula Vista Design Standards. Theoretical hinge pOint of slopes in relationship to property lines shall be in accordance with said design standard 26 and 27 or as approved by the City Engineer. ( 4. 8. , .... Engineering Department Conditions ,-,,:..., ',.' '. 1. The owner shall be responsible for the construction of pUblic ..:., improvements of all streets shown 9n the Tentative Map within the :subdivision. Public improvements required shall include, but not be limited to: A.C. pavetDent and base, concrete curb, gutter and sidewalk, driveway approaches, street lights, traffic signs, street trees, fire IlYdrants, sanitary sewers. water and drainage facn ities._. ._,1: A minimum of one on-street parking space (20 feet) shall be provided along the frontage of each residential lot. However, in cases where the minimum on-street parking space requirement cannot be !let, credit shall be given for surplus on-street parking in front of nearby lots upon approval of the City Engineer. With approval of the City Engineer. residential lots which provide three or more off-street parking spaces shall be exempt. 2. :-.... 3. Minimum 50 foot tangent length is required on all cul- de-sacs including Seville Court. Guard rails shall be constructed on cul-de-sacs that are located adjacent to slopes as required by the City Engineer. ~ All grading and improvements shall be .done in confonaance with the Rancho del Rey Design Guidelines. , . /.5~S- " .' Res~lution No. 15764 .P.~:4 ."...-- , . '. . . . ~ '. - -.. . ......\_9. :.Graded access shall.be provided to all'stona drain""structures ) . " including inlet .and outlet structures as required .by't;he Ci1;y . Engineer. . .... '.. ...' _ @ihe owner shall enter into In-~9reement ~:ih ih~' C;~'::"wherein he : ?'., ,holds t:heCity harmless fl"Olll any liability for erosion, siltation, . or inc,"!llSed flow of drainage resulting fl"Olll this project. . . " - C":_';'_'~ ". ",. '.;' :" :~ ~ . . 11. ". 'The . develof;rshall perinit ill. franchised cable television . "', companies ( Cable CQllIpany") equal opportunity .to place conduit to and provide, cable television service for each lot within the subdivision. The developer shall enter into ,an agreement with all part:icipating table ClIIlpanies ,which shall provide, in part, that .upon receiving written notice fl"Olll t:he City that said Cable CQllIpany ,..is. in violation of. t:heterms and con-itions of the franchise . granted to said Cable COlIpany, or al\Y other terms and conditions '. '. regulating Cable ClIIlpany in the City of Chula Yista, as same may .' frQlll time to time. be . amended, Developer shall . suspend Cable ClIIlpany I S :access to sai d 'condui t until Ci ty otherwf se noti fi es Developer. ,Said agreement shall be approved by the City Attorney prior to final map approval. . "-..;::. 12. . The developer shall comply with all relevant Federal, State and ,local regulations, including the Clean Water Act.. The developer shall be responsible for providing: all required testing 'and documentation to demonstrate said cllllpliance as required by the City Engineer.. '. .', ' ~ 13. The developer shall grant to the City street tree planting and. maintenance easements along .all pUblic streets within the ". Subdivision as required by the City Engineer. , . ( 14.... / The SUbject property is within the boundaries of Assessment. ,--. . District 87-1 (East "H" Street Assessment District). The developer shall agree to not protest fonuation of the Assessment District 87-1 and to not protest inclusion of the subject property in said District. The developer shall be responsible for all costs associated with reapport:ionment of assessments as a resul t of the subdivision of lands within the project boundar,y. .' 15. The developer shall be responsible for repayment of construction costs for the Rice Canyon Sewer in accordance with Resolution 11574 until such time as repayment in accordance with said resolution is camp 1 eted. 16. The developer shall submit a stuqy to the City indicating that the downstream sewer systems are adequate for the project generated flows. Said study shall include actual flows plus Rancho del Rey SPA I and SPA II projected flows. Subject stuqy shall be reviewed and approved by the City prior to Final Map Approval. /f-& ";'.(.\ "--.. .' , '-;--,.- '" . ,', .-,r._' .- '. " .' "-...: "~""'.J.' ,', .';....-.. . ,-....... -<". .,~~:::,:~~:- . ',i'" .' C" . ~: t;. i '. . \'1, (\ , - " . : Resolution No. 15764 Page 5 . .... / 17:J On the condition that i~: C'itY . shall pl'OIIlJItly notify the SUbdivide;. ~. of any claim, action or proceeding and on the further condition . that the City. fUlly cooperates in the defense, the .,: '. . subdivider/applicant shall ck!fend,fndemnify, and hold harmless the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by the Planning COIIIlIission, City, Council, or any approval by. agents, ,~officers, or employees with regard to this subdivision. ~. "': . , , 18. Minimum lot frontages shall be 35 feet unless otherwise approved by . the City Engineer. "''-'',_.'. 19.' Off-site cUIIIUlative transportation i.pacts shall be .itigated to insignificant levels by adhering to the current East Chula Yista . '. Transportation Phasing Plan or any future updates thereto. .. . ' , / 20.)' The developer shall enter into an igreement whereby the developer .,:' . ~ agrees that the City may withhold building permits for any .units in .', ., . the SUbject subdivision if traffic on Otay Lakes ,Road or East .H.... . Street exceeds the levels of service identified in the City's .>. adopted thresholds. This condition shall operate independently of ".:" Condition Nos. 44 and 46.' Code Requirements -- 21. All utilities within the subdivision shall be underground in accordance with MuniCipal Code requirements. . 0# 22. The .owner shall pay traffic signal participation fees prior to the issuance of building permits. 23. The owner shall pay sewer connection fees prior to the issuance of building permits. 24. The owner shall pay development impact fees prior to the issuance of building permits. 25. The owner shall comply with all applicable sections of the Chula Yista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the prOvisions of the Subdivision Map Act and the City of Chula Yista Subdivision Ordinances and Subdivision Manual. Planning Department Conditions 26. Copies of the proposed CC&Rs for this subdivision shall be on file with the City. . , . 27. PAD Fees shall be waived or modified as provided in the adopted Public Facilities Financing Plan for Rancho del Rey. RCT fees and DIF fees shall be paid in accordance with the applicable regul ati ons. PAD Fees shall be guaranteed unti 1 such time as the City waives said fees. /f/) Resolution No. 15764 Page. 6 . ..< .j ').28~. .A low andllOderate income. housing program, with an estimated \ 'd,' "..;.~ . 'established goal of 51 low and 51 IIOderate, shall be implemented ". .;: :"subject .to the satisfaction of City's Housing Coordinator. The ~., . entire El Rancho del Rey Specific ,Plan Area shall be considered " <.... ...' when determining satisfaction with this condition. ' . lt~. . .' ( .~ ", ," . .~ ._~ . 29. - . Development of all parcels shall be fn accordance with the Rancho del Rey SPA I Plan, Public Facilities Plan and Financing Analysis, Design Guidelines, and PC Development Regulations. ......' .. ').':", . 30. Frontage on all lots shall be a .inimum of 35 feet at the right-of-way line except as approved by the City Engineer. Corner ",lots shall be a minimum of 60 feet in width. Lots less.than 35 ... ..feet. in width shall comply with the City's proviSion for on-site . ; parking per the R-E, Residential Estate, standards found in Chapter 19.22, Section 19.22.50 of the code. . , ,31. . The developer shall agree to include the subdivision in the ., Mello-Roos public facilities district or an acceptable alternative . finanCing program subject to the approval of both the Chula Vista . .' . Elementary and Sweetwater High School .Districts. 32. Prior to final map approval, landscape and irrigation plans, erosion control plans, and detailed water management.guidelines for all landscape irrigation including al);'open space lots,m shall be ( approved by the City Landscape Architect and Director of Parks and Recreation. . The landscaping fonnat within the project shall utilize entirely native, drought resis~nt plant material and utilize reclaimed water for any necessary (rrigation. . 33. The developer shall install street trees in accordance with the Rancho del Rey SPA Street Tree Master Plan. 34. Maintenance of all facilities and improvements within an open space area shall be the responsibility of the Rancho del Rey Open Space Maintenance District 110. Lots A and B, including all walls, are to be part of the Open Space District. '35. All open space lots adjacent to public rights-of-way shall maintain a minimum width so as to provide 10 feet of landscaping treatment behind the back of sidewalk. 36. Fencing detail shall be provided for all lots which back onto the elementary school site, the canyon edge, Rancho del Rey Parkway and at the cul-de-sac interface with the open space areas. 37. For walls which are located within the Open Space Maintenance District, owners of adjoining lots shall sign a statement when purchasing their homes that they are aware that the wall is on City property and that they may not modify or suppl ement the wall or encroach onto City property. . These restrictions shall also be reflected in the CC&Rs for each lot. t: It..S' ( .\ (\ c " Resolution No. 15764 . Page 7 ." ;..:"~,<< 38. ,~,'~'i.;'.+~':. ~As needed .by the City. ,the developer shall provide access. to open ", space areas for .intenance and fire protection. Prior to final ;';';,:, .p adoption. adequacy andplac_nt of such access shall be '-;.~ approved by. the City Fire 'Marshal and Director of Parks .nd~,;~' ReC:reation .' ..... "<.. .,....... . ~'. . . . .' .\, ;~. ~ -. .'. .,.. : ',' .......... ~ -. . -:":;f"""~'. t. '. '. ~. ., . 39. Fire I1Ydrants shall be . provided as indicated and shall be >instillled. tested and in 'service prior to allY Combustible construction ..terials placed on-site. , . . r~- . .~...._ . 40. Developer shall provide for clear visual and pl1Ysical separations wherever open space district areas interface with: ...:t'" . .. '.i. . . privately ..intained areas . school 4istrict .intained areas _" . fi re departllent .. i nta i ned areas:'~;,~ . parks division ..intained areas ,"'<.::. . areas maintained by other public agencies_.),,'l'~ . allY and all other contiguous properties ""~i7':: 41. The developer shall provide infrastructure within Rancho del Rey--;;;,: Parkway to acconmodate the use of' reclaillled water. when it is ~<'\+' avaflable. from the appropriate district to use such reclaimedc;i;< water for parkway landscaping. 42. ..... The developer shall' construct all on~site piping necessary to serve the subdivision. and connect to the existing water main in Rancho del Rey Parkway. ... 43. Water service from the Otay Water District's existing and f~'ture water system wfll be SUbject to the District's water allocation program. ~ior to final map. approval. the property owner shall enter ~nto an agreement with the City whereby: a. The property owner agrees that the City may withhold building pennits for any units in the subject subdivision if allY one of the following occur: :,..-.1. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. v/ 2. Traffic volumes. level of service. public utilities and/or services exceed the adopted City threshold standards. This condition shall operate independently of the operation of Condition Nos. 20 and 46 or of any other conditions contained herei n. l5,9 , .' ~ Resolution No. 15764 . Iitge 8 h 45. . The following statement shall be placed on the Final Map: -( : ~ - . 'I' .- . _' '" _ ,_. . .-Please be advised that the Cit;y of Chula Vista intends to adopt a Growth . Management Element,. Transportation . Phasing Program, and other related growth ..nagement implementation programs, which lIay regulate the location and tilling of development in the City. The City intends that development of property included in the Final Map ". will be' subject to the provisions of these programs. Owners listed on this map shall be responsible for providing notification to any purchaser or successor in interest to any portion of this property c" of the City's intent in this regard.-. .." .:',;A.". ".,,': ...... . 46. Prior to City Council approval of all Final Maps, compliance with the City's adopted Threshold Policy ..st be demonstrated to the satisfaction of the Director of Planning. This condition shall operate independently of the operation" of Condition Nos. 20 and 44 or of any other conditions contained herein. Presented by ~ (1 &~1,f!- ~ Director of Planning . t:'. 18'//IJ r' Resolution No. 15764 Page 9 ' .. , ..... (, "-.' -,~-,; PASSED. APPROVED. and ADOPTED by the City Council of the City of Vista. California. this 7th day,of August. 1990 by the following vote: , -1':";" , ;',';"-"'-':' . ~:';-~~~~'~~ Chula> ~-:\~;;~r::~.' . ~i:__~."::f{;. AYES: Council_embers: Moore. Nader. Cox NOES: ABSENT: ABSTAIN: Councilmembers: None " " Councilmembers: Malcolm. McCandliss Councilmembers: None . ..,iI,;," ~ <.....,.. t~ " '._':-'~< '.'.--.",. . .);-f;~Jj.: ..~ff~ ',.-',-_.:.,' .-'. -....... ':~~f:~~~' :' :'~':. r:l~ .'i- ATTEST: r .' 1 ,.~ .. .... '. . .'~ ~u.~j;,. ' ih.. Beverly A. Authelet. Cfty Cler STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) .. - ss. " I. Beverly A~ Authelet. City Clerk of the City of Chula Vista. California. do hereby certify that the foregoing Resolution No. 15764 was duly passed. apprOved, and adopted by the City Council of the City of Chula Vista. California, at a regular meeting of said City Council held on the 7th day of August. 1990. Executed this 7th day of August, 1990. .<, ,. ,/. /' . - 6,p d.~ ' C:. Ltu2kJd Beverly.AI Authelet. Cfty Clerk .... / ~ -- /1 t~' TIllS PAGE BlANK If / IcJ RESOLUTION NO.~__ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT 90-14, RANCHO DEL REY SPA I, PHASE 5, UNIT NO.1, LOT 77, 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 90-14, RANCHO DEL REY SPA I, phase 5, Unit No.1, Lot 77, and more particularly described as follows: Being a subdivision of Lot 77 of Chula vista Tract No. 88-1 Rancho del Rey Phase 5 unit No.1, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 12501, filed in the office of the County Recorder of San Diego County on November 15, 1989. Area: 45.510 Acres Lettered Lots: 2 No. of Lots: 108 No. of units: 106 is made in the manner and form prescribed by law and conforms to the sur rounding surveys; and tha t said map and subdi vis ion 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: Camino Biscay, Plaza Seville, Avenida De La Barca, Avenida Solaria, Plaza Miroda and Via Goya and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that Lots "A" and "B" are hereby accepted for Open Space, public utilities and other public uses. If/I;) -1- 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 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 Ci ty Cler k be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement for Chula Vista Tract 90-14, RANCHO DEL REY SPA I, Phase 5, Unit No.1, Lot 77, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the Mayor Chula vista is authorized and directed to execute for and on behalf of the City of Chula vista. of the Ci ty of said Agreement John P. Lippitt, Director of Public Wor ks 8850a ved as ~ rney Presented by I &//f -2- 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. RANCHO DEL REY PARTNERSHIP ~~~'~~ ,~ -, "t . 'i'7~"'dh'a~/U~' /'" -"j SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 15th day of April , 199 1 , by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and RANCHO DEL REY PARTNERSHIP, 2727 Hoover Avenue, National City, Ca. 92050 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 90-14, Rancho del Rey SPA I, Phase 5, Unit 1, Lot 77 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 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 al ternati ve 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-4l0 Revised 11/90 It//!) -1- 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 been approved, subject to certain requirements and conditions, as contained in Resolution No. 15764 , approved on the 7th day of Auqust ,19~{"Tentative Map Resolution"); and WHEREAS, complete plans and construction, installation and completion ment work have been prepared and submitted shown on Drawings Nos. 91-123 thru 91-136 file in the office of the C1ty Eng1neer, and specifications for the of said pUblic improve- to the Ci ty Engineer, as , on 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 $1,090,000.00. 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 wi 11 be installed wi thin thi rty (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. /fJ'j!p -2- 3. It is expressly understood and agreed that Subdivider will cause all necessary mater ials 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 secur i ty shall not be requi red 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 FIVE HUNDRED FORTY FIVE THOUSAND DOLLARS ($545,000.00) 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 FIVE HUNDRED FORTY FIVE THOUSAND DOLLARS ($545,000.00) 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 TWENTY FOUR THOUSAND DOLLARS ($24,000.00) (per private engineer's estimate) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. (if,l? -3- 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 1 ines 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. / y, If -4- 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 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 Ci ty or its agents, officers, and employees f rom 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 per iod 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 Mayor of the City of Chula Vista ATTEST City Clerk SUBDIVIDER: RANCHO DEL REY PARTNERSHIP / tj - /7 (Attach Notary Acknowledgment) -5- LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond - L.,. ~ ".? H..< U)L-c,';- 1,f-jrn Amount: $545,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond - ~ Amount: $545,000.00 Exhibit "C. Improvement security - Monuments: Form: Bond - 54M.o..u Amount: $24,000.00 Securities appr ved as to form and amount by 'L'~i J Cl Y Attorney Improvement Completion Date: Three (3) years from date of Council approval of the Subdivision Improvement Agreement 0156a IY/fl -6- RANCHO DEL REY PARTNERSHIP A Ca1ifornia Genera1 Partnership BY: McMILLIN COMMUNITITES, INC. A C 1iforn a Corp ation Ti Vice President BY' /f)~ y" ?j.tt,~ Ti t1e: Executive Vice President BY: HOME CAPITAL CORPORATION A ca1i~orition By: ,~~~- Ti tt:: ?{d. , l " / V :; ,// By: <// i/:,,'Cp!l --;J; . //#i.C;f" ////, / . Tit1e: SIGNATURE PAGE RANCHO DEL REY PARTNERSHIP Ir /J-/ //g-;.,,- lHIS PAGE BLANK It,>> RESOLUTION NO. ",,,,_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 90-14, RANCHO DEL REY PHASE 5, UNIT I, LOT 77 AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on August 7, 1990, by Resolution 15764, the City Council approved the Tentative Subdivision Map for Chula vista Tract 90-14 - Rancho Del Rey phase 5, Unit I, Lot 77; and WHEREAS, the developer has also execu ted 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 90-14, Rancho Del Rey phase 5, Unit I, Lot 77, 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. John P. Lippitt, Director of Public Works 8846a A '0:] Presented by Bruce li~d3 /lg'A1 THIS PAGE BLANK /5'dLf 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 90-14 Rancho del Rey, SPA I, Phase 5, unit 1, Lot 77 THIS AGREEMENT is entered into on May 14, 1991 between Rancho del Rey Partnership, a California General Partnership, ("RDR") and THE CITY OF CHULA VISTA, a municipal corporation ("City") pursuant to the following: R E C I TAL S A. This Agreement concerns and affects the Property legally described as Lot 77 of Chula vista Tract No. 88-1, Rancho del Rey, Phase 5, unit 1, in the city of Chula Vista, County of San Diego, state of California, according to map thereof, No. 12501, filed in the Office of the County Recorder of the County of San Diego November 15, 1989, and is located in the vicinity of Rancho del Rey Parkway and Paseo Ranchero of the city of Chula vista. Attached as Exhibit A is a diagram of the area which is the subject matter of said Lot 77 ("Property"). B. RDR is the owner and developer of Property. C. RDR has applied for and obtained tentative approval to subdivide the Property and is planning to improve the Property with 106 single family residential units, and containing two other open space lots ("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 mechanism to ssia-77.wp May 2, 1991 Supplement Agreement re Lot 77 Page 1 1& /;)~ insure compliance therewith, the City has adopted the Eastern Chula vista Transportation Phasing Plan ("Phasing Plan"). The Phasing Plan provides that certain transportation facilities have to be in existence or provided by the Project as conditions of permitting the Project to be built. 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 the Property with certain conditions (Chula vista Tract 90-14) by Resolution No. 15764, on August 7, 1990. H. RDR has prepared and has submitted to the City the Final Map for Chula vista Tract 90-14. I. One of the conditions of Chula vista Tract 90-14 requires RDR to hold the city harmless from liability for erosion, siltation or increased flow of drainage resulting from the project (Condition 10). J. One of the conditions of approval for Tentative Map Chula vista Tract 90-14 require RDR to agree to not protest inclusion in Assessment District No. 87-1 for improvement of East H street (Condition No. 14). K. One of the conditions of Chula vista Tract 90-14 requires RDR to hold the city harmless from liability from any claim to attack, set aside, void or annul any approval by the city with regard to this subdivision (Condition 17). L. Two of the conditions of approval for Tentative Map Chula Vista Tract 90-14 require RDR to agree to comply with the thresholds and standards created by city Resolution No. 13346 and the Phasing Plan (Conditions 20 and 44). M. One of the conditions of Chula Vista Tract 90-14 requires RDR to agree to include the Property in the Mello-Roos public facilities district or an acceptable alternative financing program subj ect to the approval of both the Chula Vista Elementary and Sweetwater High School Districts (Condition 31). NOW, THEREFORE the parties agree as follows: I. Aareement Applicable to Subseauent Owners. ssia-77.wp May 2, 1991 Supplement Agreement re Lot 77 Page 2 /3/;)0 A. Aareement Bindina Uoon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the Parties as to any or all of the Property until released by the mutual consent of the parties. B. Aareement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the land owned by the city adjacent to the Property. The Burden touches and concerns the Property. It is the intent of the parties, and the parties agree, that this covenant shall be binding upon, and run with, the ownership of the land which it burdens. C. Release of Encumbrance. Notwithstanding the provisions of this Section, City agrees to release improved lots sold for final consumption to homebuyers from the encumbrances on land created by this agreement at the close of the escrow by which the lots are sold. city shall execute such documents as are strictly necessary to remove the encumbrance created against title by this agreement. Nothing thereby shall be deemed to be a release of any claim of City against RDR. II. Gradina Indemnities. A. RDR, 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 RDR's obligation to Condition 10 of the tentative map approving the subdivision of Chula vista Tract 90-14. III. Costs for Reaooortionment of Assessments in Assessment District 87-1 (East "H" Street Imorovementsl. A. RDR hereby agrees to not sponsor the withdrawal of the Property from Assessment District 87-1. This agreement to not sponsor the withdrawal of this Property shall not be deemed a waiver of the right of any person to vote in a secret ballot election. This shall impose on the Property owner, or any successor in interest, the duty not to sign a written request for withdrawal from the Assessment District 87-1, or otherwise file a formal written or formal oral protest of inclusion. B. RDR hereby agrees to pay to the City all costs incurred by the city, including staff time plus overhead, and consultant costs, in reapportioning the assessment created by Assessment District 87- 1 on said Lot 77 to the individual lots created by this ssia-77.wp May 2, 1991 Supplement Agreement re Lot 77 Page 3 ( ~ /,:)1 subdivision. RDR further agrees to deposit in advance such sums as the city shall require to prosecute the reapportionment, and agrees to execute all documents necessary to achieve a reapportionment of the assessment as the city shall require. c. city agrees that the execution of this Agreement fulfills RDR's obligation to Condition 14 of Chula vista Tract 90~14. IV. Indemnification for Subdividina. A. On the condition that City promptly notifies RDR of any claim, action, or proceeding and that the City cooperates fully in the defense, RDR, on behalf of itself and its successors and assigns, hereby agrees, pursuant to the provisions of Government Code section 66474.9, to indemnify, defend, and hold the City harmless from any liability for subdividing the subject Property, or any claim to attack, set aside, void or annul any approval by the City, including approval by the Planning Commission, City Council, or any approval by agents, officers, or employees with regard to this sUbdivision, including but not limited to approval of this subdivision map or issuance of any building permits pursuant hereto. If the City fails to promptly notify RDR of any claim, action, or proceeding or if the city fails to cooperate fully in the defense, RDR shall not thereafter be responsible to defend, indemnify, or hold the city harmless. B. City agrees that the execution of this Agreement fulfills RDR's obligation to Condition 17 of Chula vista Tract 90-14. v. Buildina Permits Not to Issue While Thresholds Deficient. A. RDR hereby grants to the City the right to withhold building permits for any structure-type (e.g., houses, commercial or industrial buildings) improvements on the subject Property at such time as the City reasonably determines, in writing, notice of which is to be provided to RDR, that anyone or more of the following has occurred: 1. The public facilities monitoring program as provided for in the Rancho Del Rey, SPA 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 "H" street and otay Lakes Road. ssia-77.wp May 2, 1991 supplement Agreement re Lot 77 Page 4 15/;)'/ 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. RDR 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 which are under construction at the time that a Condition for Withholding of Building Permits arises. C. RDR 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. RDR 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 RDR's obligations relating to Conditions 20 and 44 of tentative map approving the subdivision of Chula Vista Tract 90-14. VI. Mello-Roos Financinq for School Districts. A. This provision acknowledges that Chula vista Elementary School District and the Sweetwater Union High School District have impressed the subject property with a Mello-Roos public facilities districts acceptable to both the Chula vista Elementary and Sweetwater High School Districts, and no further provision is necessary to meet this condition. VII. 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. ssia-77.wp May 2, 1991 Supplement Agreement re Lot 77 Page 5 / g / d~ CITY OF CHULA VISTA 276 4th Ave. Chula Vista, CA 92010 Attn: Engineering Department Rancho del Rey Partnership, a California General Partnership 2727 Hoover Avenue, National city, CA 91950 Attention: McMillin Communities, Inc. Craig Fukuyama, Vice President B. caotions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. 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. preoaration 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. E. Recitals: Exhibits. Any recitals set forth above are incorporated by reference into this Agreement. assumption or party or his It shall be equally in the F. Attornevs' Fees. In the event of any dispute arising out of this Agreement, the prevailing party in any action shall be entitled to reasonable attorneys' fees in addition to any other costs, damages, or remedies. (End of Page. Next Page is Signature Page.) ssia-77.wp May 2, 1991 Supplement Agreement re Lot 77 Page 6 /Y;?rD Signature Page to Supplemental Subdivision Improvement Agreement CHULA VISTA TRACT 90-14 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: c~ty ~ty Attorney Dated: , 1991 Rancho del Rey Partnership, a California General Partnership by: by Home Capital Corporation, a California Corporation, General partn:;~~~~ ~;?/7" . ~<<r' ssia-77.wp May 2, 1991 Supplement Agreement re Lot 77 Page 7 / &- / 3r . . , , , ~ .S~.l'l'91 881$4 FRO" TO 93361587 P.89 ~ . ~ CHULAVJaTA TRACT NO.BB-J RANcHo DE!. IIEY PHAse ,J UHl1 .: " MAp tlO.I.2,J8.J . .. ~'-.... $OR. 1/4 SEC.3S POll. "4 SEC.44 . RANCHO D1; LA tlAc/OH JUHCHO DE LA HACJOH ',,--. JJAP 1/0.1&8 JUp NO.la8 _ ,-- ."'1J*JJIf'I "ft... m.u' 1ZJ.1Ii' lalli' LOT 'B" 17.1SI~ . &In' .",. ""'.!..-"'1<A1D ~IU/}.. WlI CHULA YJSTA TRACT 1'10. 11-/ RAHCHO DEL. JU:Y PHAaE .5 UNIT liD. J tb t . . /::-.; - -. -.. -- - ..... liTE VICINITY MAP NO llCALf; llllAwN BT FILE No.E TITLE ~ANCHO t'&L. RSY SPA :E: . PRASE 5) ~t'UT ,) \.O'T '7 --------- !lATE -I.Q- _i '-.- ~ Q _ '_ _ ,-;-vAl. 0 . -:- TOTAL P.I' IS <3d--