HomeMy WebLinkAbout2007/05/22 Item 11
CITY COUNCIL
AGENDA STATEMENT
5/22/2007 Item-LL
SUBMITTED BY:
REVIEWED BY:
RESOLUTION APPROVING THE FINAL
MAP OF CHULA VISTA TRACT NO. 04-09, SYCAMORE
ESTATES, ACCEPTING THE VARIOUS STREETS AND
EASEMENTS GRANTED ON SAID MAP, APPROVING
THE ASSOCIATED SUBDIVISION IMPROVEMENT
AGREEMENT AND SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE PROJECT,
AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENTS.
CITY ENGINEER "'> I /
INTERIM CITY MANAGER ';j J
ITEM TITLE:
4/5THS VOTE: YES D NO 0
BACKGROUND
On April 19,2005, by Resolution No. 2005-128, the City approved Tentative Map No.
04-09 for Sycamore Estates. Tonight, City Council will consider the approval of Chula
Vista Tract No. 04-09, Sycamore Estates final map.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the proposed project was adequately covered in previously adopted Negative
Declaration, IS-04-034. Thus, no further environmental review or documentation is
necessary.
RECOMMENDATION
That City Council adopt the Resolution approving the Final Map of Chula Vista Tract
No. 04-09, Sycamore Estates, accepting the various streets and easements granted on said
map, approving the associated Subdivision Improvement Agreement and Supplemental
Subdivision Improvement Agreement for the project, and authorizing the Mayor to
execute the agreements.
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5/22/2007, Item~
Page 2 on
BOARDS/COMMISSION RECOMMENDA nON
Not applicable.
DISCUSSION
The area is generally located north of Main Street, between Hilltop Drive and I-80S. The
Final Map (see Exhibit 1) has been reviewed by the Engineering and Public Works
Departments and found to be in substantial conformance with the approved Tentative
Map.
Approval of this map constitutes acceptance by the City of the public street easement for
Sycamore Drive, the 5.5-foot street tree planting and maintenance easement, the sewer
and access easement, the storm drain and access easement, and the general utility and
access easement, within the subdivision. Sycamore Jackson Estates, L.P., as current
owner of Sycamore Estates has executed the appropriate Subdivision Improvement
Agreement (SIA), providing bonds to secure the construction of onsite and offsite
facilities within the subdivision and Supplemental Subdivision Improvement Agreement
(SSIA), which address several outstanding conditions of the Tentative Map.
The Sycamore Estates project realigns the southerly portion of Sycamore Drive including
the cul-de-sac. This street realignment is consistent with the approved Tentative Map.
The street realignment results in the need to vacate excess right-of-way as well as adjust
property lines of two adjacent single-family parcels. This excess right-of-way vacation
and property line adjustments will be handled by a separate parcel map and presented to
Council for approval at a future date. Staff has ensured that the two adjacent property
owners affected by the street realignment are satisfied with the resulting new property
lines and frontage improvements.
The Final Map for Sycamore Estates and the associated agreements (see Exhibits 3 and 4)
are now before Council for consideration and approval.
The Final Map
The Final Map for Sycamore Estates consists of 10 numbered lots (single-family
residential lots), and one remainder lot, totaling a gross area of 2.232 acres. This map is
the only Final Map for the Sycamore Estates Project.
Subdivision and Supplemental Subdivision Improvement Agreements (SIA & SSIA)
The SIA and SSIA for the Final Map outline the developer's requirements to construct
the offsite improvements, for subdivision survey monumentation and to comply with the
development conditions for the project. The developer has complied with the Municipal
Code as it relates to bonding subdivision improvements and survey monumentation.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no such
holdings within 500' of the boundaries of the property, which is the subject of this action.
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5/22/2007, Item~
Page 3 of 3
FISCAL IMPACT
There is no impact to the General Fund. The Developer has paid all fees and other costs
associated with the proposed project.
ATTACHMENTS
I. Location map for Sycamore Estates, Chula Vista Tract 04-09
2. Developer's Disclosure Statements.
3. The Subdivision Improvement Agreement
4. The Supplemental Subdivision Improvement Agreement
Prepared by: Boushra Salem, Senior Civil Engineer, Engineering Department
J:\Engineer\AGENDA\CAS2007\05-22-07\Sycamore Estates Final Map.RT.doc
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ATTACHMENT
CHULA VISTA TRACT NO. 04-09
SYCAMORE ESTATES
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PROJECT !BOUNDARY
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Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the Ctty, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a Ctty of Chula Vista election must be filed. The following information
must be disdosed:
1. list the names of all persons having a financial interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
f<iU-v<Jiz.:rn-C .1JDiI--I~
2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals wtth
a $2000 investment in the business (corporation/partnership) enttty.
NaJ.-l~
3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
1101-<.2
4.
Please identify every person, induding any agents, employees, consuttants, or independent contractors you have
assigned to represent you before the Ctty in this matter.
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Has any person" associated wtth this contract had any financial dealings witl)..arrmficial- of the City of Chula
Vista as tt relates to this contract wtthin the past 12 months. Yes_ No..L
5.
If Yes, briefly describe the nature of the financial interest the official- may have in this contract
6. Have you made a contribution otft1~-- than $250 within the past twelve (12) months to a current member of the
Chula Vista Ctty Council? No ~~; ~ If yes, which Council member?
11-5
7. Have you provided more than $340 (or an item of equivalent value) to an official- of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No"""-
If Yes, which official- and what was the nature of ~em provided?
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nt or type name of Contractor! Applicant
Date: AA 300-,) P
.
Person is defined as: any individual, finm, co-partnership, joint venture, association, social dub, fratemal
organization, corporation, estate, trust receiver, syndicate, any other county, city, municipality, district, or other
pol~ical subdivision, -or any other group or combination acting as a unit.
..
Official includes, but is not lim~ed to: Mayor, Council member, Chula Vista Redevelopment Corporation member,
Planning Commissioner, member of a board, commission, or committee of the City, employee, or staff members.
September 8, 2006
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RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 04-09,
SYCAMORE ESTATES, ACCEPTING THE VARIOUS STREETS AND
EASEMENTS GRANTED ON SAID MAP, APPROVING THE ASSOCIATED
SUBDIVISION IMPROVEMENT AGREEMENT AND SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE PROJECT, AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS.
WHEREAS, the developer, Sycamore Jackson Estates, L.P., has submitted a final map
for Sycamore Estates; and
WHEREAS, the developer has executed Subdivision Improvement Agreement to install
public facilities associated with the projects; and
WHEREAS, the developer has executed Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of City Council Resolutions No. 2005-128.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that certain map survey entitled Chula Vista Tract 04-09, Sycamore Estates,
and more particularly described as follows:
Being a subdivision of lots 38, 103 and a portion of lot 37 of Woodlawn Park, in
the City of Chula Vista, County of San Diego, State of California, according to map
thereof No. 1271, filed in the office of the County recorder of San Diego County, June
30, 1910, together with a portion of Sycamore Drive and Spruce Road as dedicated to
pub lie use.
Area: 2.232 Acres
Numbered Lots: 10
No. of Lots: 10
Reminder Lot: 1
Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that said map and subdivision ofland shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, the City Council hereby accepts on behalf of the City of
Chula Vista the various easements, all as granted on said map within this subdivision, subject to
the conditions set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that those certain easements, as granted thereon and
shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as
herein above stated.
BE IT FURTHER RESOLVED that City Clerk is hereby directed to transmit said map to
the Clerk of the Board of Supervisors of the County of San Diego.
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Resolution 2007-
Page 2
BE IT FURTHER RESOLVED that that the Subdivision Improvement Agreement for the
completion of improvements in said subdivision, copy of which shall be kept On file in the office
of the City Clerk, is hereby approved.
BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval that will remain in effect and run with
the land for the map, copy of which is On file in the Office of the City Clerk is hereby approved;
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreements On behalf of the City of Chula Vista.
Scott Tulloch
Director of Engineering
A:';1"'", fo
I!:;;~ 'D 1'-\ \.... \....6 R.
w~ Ann Moore
City Attorney
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Presented by
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
(\ THE(JCITY pOUN5IL
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\M> t: tv\ \ ,-,-riL
Ann Moore
City Attorney
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Dated: '6/ i8foJ
Subdivision Improverhent Agreement between
The City of Chula Vista and Sycamore
Jackson Estates, L.P.
11-9
ATTACHMENT 3
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 ofless than a fee interest
for which no cash consideration has been paid or
received.
EY 430
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, is made and entered into this day of , 2007, by
and between THE CITY OF CHULA VISTA, a municipal corporation ("City"), and
SYCAMORE JACKSON ESTATES, L.P., P.O. BOX 910627, San Diego, CA ("Subdivider"),
(the "Agreement") with reference to the facts set forth below, which Recitals constitute a part of
this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City ofChula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
Sycamore Estates (CVT 04-09) (the "Subdivision) 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
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 improvements and/or land development work required in
said subdivision within a definite period of time prescribed by said Council; and
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
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install and complete, at Subdivider's own expense, all the 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 the Subdivision has been approved, subject to certain
requirements and conditions, as contained in Resolution No. 2005-128, approved on the 19th day
of April, 2005 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of the required improvement work have been prepared and submitted to the City
Engineer, as shown on Drawing Sets 05087 inclusive on file in the office of the City Engineer; .
and
WHEREAS, an estimate of the cost of constructing the street improvements according to
said plans and specifications has been submitted and approved by the City in the amount as set
forth as follows:
Sycamore Estates Improvements
DOLLARS AND NO CENTS ($170,000.00).
ONE HUNDRED SEVENTY THOUSAND
Total estimated cost of improvements - ONE HUNDRED SEVENTY THOUSAND
DOLLARS AND NO CENTS ($170,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and its 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 improvement
and/or land development work required to be done in and adjoining the Subdivision, including
the improvements described in the above Recitals ("Improvement Work"); and will furnish the
necessary materials therefore, all in strict conformity and in accordance with the plans and
specifications, which documents have been filed in the Office of the City Engineer,
as described in the above Recitals, and by this reference are incorporated into, and made a part of
this agreement.
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.
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
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contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform the Improvement Work as set
forth above, or that portion of the Improvement Work serving any buildings or structures ready
for occupancy in the Subdivision, prior to the issuance of any certificate of clearance for utility
connections for said buildings or structures in the Subdivision, and such certificate shall not be
issued until the City Engineer has certified in writing the completion of the Improvement Work
or the portion of it 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 the
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City ofChula Vista, and all applicable laws of the State of California.
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:
Sycamore Estates Improvements - ONE HUNDRED SEVENTY THOUSAND
DOLLARS AND NO CENTS ($170,000.00).
Total estimated cost of improvements - ONE HUNDRED SEVENTY THOUSAND
DOLLARS AND NO CENTS ($170,000.00).
The approved improvement security shall guarantee the faithful performance of this
Agreement by Subdivider and is attached as Exhibit "A" and made a part of this Agreement.
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:
Sycamore Estates Improvements - EIGHTY FIVE THOUSANDS DOLLARS AND NO
CENTS ($85,000.00).
Total estimated cost of improvements - EIGHTY FIVE THOUSANDS DOLLARS
AND NO CENTS ($85,000.00).
to secure the payment of material and labor in connection with the installation of the
Improvement Work, which security is attached as Exhibit "B" and made a part of this
Agreement.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, prior to, or
,
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simultaneously with, the execution of this Agreement, a cash bond in the sum of FOUR
THOUSA1"1DS AND FIVE HUNDREDS AND NO CENTS ($4,500.00) to secure the
installation of monuments, which security is attached hereto as Exhibit "C" and made a part of
this Agreement.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed to in this Agreement, the sums provided by the improvement securities may be used by
City for the completion of the Improvement Work within the Subdivision in accordance with the
specifications herein contained or referred to in this Agreement, 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 the work by City, and after .
certification by the Director of Finance that all costs of the work are fully paid, the whole
amount, or any part thereof not required for payment of the work, 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 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 to this Agreement that in no
case will the City of Chula Vista, or any department, board or officer of the City, be liable for
any portion of the costs and expenses of the work described in paragraph 9 above, 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 therefore, 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 ChuIa Vista Municipal Code.
I I. 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, 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 the
Improvement Work for a period of one year from date of [mal acceptance and correct any and all
defects or deficiencies arising during that 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
Improvement Work by City, Subdivider shall grant to City, by appropriate conveyance, the
Improvement Work constructed pursuant to this agreement; provided, however, that acceptance
shall not constitute a waiver of defects by City, as described above.
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
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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 the
Subdivision or the Improvement Work. 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 Improvement Work.
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.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
(NEXT TWO PAGES ARE SIGNATURE PAGES)
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SIGNATURE PAGE ONE OF TWO
SUBDNISION IMPROVEMENT AGREEMENT
SYCAL\10RE ESTATES FINAL MAP
(CVT 04-09)
IN WITNESS WHEREOF, City and Subdivider have executed this Agreement,
indicating that they have read and understood same, and indicate their full and complete consent
to its terms.
THE CITY OF CHULA VISTA
Dated: , 2007
Cheryl Cox
Mayor
ATTEST:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
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SIGNATURE PAGE TWO OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
SYCAMORE ESTATES FINAL MAP
(CVT 04-09)
SYCAMORE JACKSON ESTATES, L.P.,
A CALIFORNIA LIMITED PARTNERSHIP, AS OWNER.
BY: SYCAMORE JACKSON ESTATES, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, AS GENERAL PARTNER
BY: NORTON CONSTRUCTION, INC., A CALIFORNIA
CORPORATI , AS MANAG
BY:
~IT Ei t:~ {l'J.~;: (~1~<<\1\h(
DATED: '\ \B{llll'
NAME:
TITLE:
DATED:
BY:
(Attach Notary Acknowledgment)
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
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to be the person\i.) whose name(~ is/_
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acknowledged to me that he/sAeitAe>; executed
the same in his/i:lQr/lkeir authorized
capaclty(iee), and that by his/lTer/lkeir
signature(~on the Instrument the person(s), or
the entity upon behalf of which the person(~
acted, executed the instrument
Sigl1atunlotNo PUblic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Iitle or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity{ies) Claimed by Signer
Signer's Name:
.
TOp of lllumb here
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o individual
o Corporate Officer - 1itie(s):
o Partner - 0 Limited 0 Generai
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o Trustee
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Signer Is Representing:
<Q 1999 National Notary Association' 9350 011 Sate Ave" P.O. Bc~ 2402' Cl1atswcrth, CA91313-2402. www.NaticnaJNotary.crg
Prod. Nc. ag07
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11-17
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LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount:
$170,000.00
Exhibit "B"
Improvement Security - Material and Labor:
Form: Bond
Amount:
$85,000.00
Exhibit "C"
Improvement Security - Monuments:
Form: Cash Bond
Amount:
$4,500.00
Securities approved as to form and amount by
(JJ}fJ~ )
(\A Cit 110
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
1 :\Engineer\Landdev\Projects\Miscellanous projects\Sycamore Estates\S lA _DRAFT .doc
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11-18
EXIDJUT \1 II 'J
BOND FOR FAITHFUL PERFORMANCE
(To Be Used Prior to Approval of Subdivision Improvement Agreement)
FileNo.: PC \1-\~
Bond No.: 726027S
Prenllum:$4,080.001 2 YR TERM
DUPLICATE ORIGINAL
WHEREAS, the City Council of the City ofChula Vista, County of San Diego, State ofCalifonlla, and
SYCAMORE JACKSON ESTATES LP (hereinafter "Principal") desire
to enter into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") whereby
Principal agrees to install and complete certain designated public improvements for the proj ect known as
SYCAMORE ESTATES APN 624-032-14, 624-032-47, 624-032-48 TRACT 04-09 ; and .
WHEREAS, Principal desires to co=ence construction of said public improvements prior to
approval of said Agreement by the City Council of the City of Chula Vista; and,
WHEREAS, the City of Chula Vista, County of San Diego, State of California, has issued to Principal
Construction Permit No. PC-1713 (hereinafter referred to as "Permit") for the public improvement
work as set forth in more detail on City of Chula Vista Drawing Nos. 05087-1 through
05087-3 , regarding construction of said public improvements, which Permit is hereby referred to
and made a part hereof; and,
WHEREAS, said Principal is required under the terms of said Permit to furnish a bond for faithful
performance of said Permit and will be required to maintain such bond pursuant to the Agreement.
NOW THEREFORE, we, the Principal and DEVELOPERS SURETY & INDEMNITY COMPANY
, a corporation of the State of
IOWA , (hereinafter "Surety"), are held and fIrmly bound unto the City of Chula
Vista, a municipal corporation (hereinafter "city") in the County of San Diego, State of California, and to and
for the benefIt of any and all persons who may suffer damages by breach of the conditions hereof, in the penal
sum of ONE HUNDRED SEVENTY THOUSAND AND 00/100' S dollars,
($ 170,000.00 ), lawful money of the United States, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally,
fIrmly by these presents.
The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the terms, covenants, conditions, and provisions of said Permit and the subsequent Agreement, which
is incorporated herein and any alteration thereof made as therein provided, on his or their part, to be kept and
performed at the time and in the manner therein specifIed, as to installation and completion of said public
Improvements both prior to and subsequent to City approval of the Agreement and in all respects according to
their true intent and meaning, and shall indemnify and save harmless City, its officers, agents arid employees,
as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full
force and effect.
As part of the obligation secured hereby and in addition to the face amount specifIed therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by
City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the P=it or the Agreement or to the work to be performed thereunder or the specifIcations
accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Permit or the Agreement or to the
11-19
work or to the specifications.
In addition to the acts bonded for pursuant to the Permit incorporated above and all terms, conditions
and provisions of the Agreement, the following acts and performances are additionally subject to the terms of
this bond:
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above
named, on MARCH 17 , 20~.
.~",="~",~~~~~-."-,.,"""""",,.w"'~f."~~_~'1\;"'_=',,,""~~""".'li.':I!r'!!i"'-"I,,-,,,,,,,,,p,~~,,".""J'''''''' "~.~>i:1,"",~~"'~,"~~~c~""'''''':''''.>''~~'llF<!''~'~~
SYCAMORE JACKSON ESTATES LP
Name of Principal (Ap licant)
BY~ ~
DEVELOPERS SURETY & INDEMNITY COMPANY
Name of Surety Company
By
,
B~~~M^~
S. SMITH-BOWMAN, ATTORNEY IN FACT
17780 FITCH
Address of Surety Company
726027S
BondIPolicy No.
IRVINE
City
CA
State
92614
Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
~~~~"r.f~~'1\'r.c~'~~1I:~~~~i'iiJ..~'~;"~~?''''~~"~'-~~'~-'-'-''"''''''"''"""""~"'$
APPROVED AS TO FORM:
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~Ity Atto ey
J:\EngjneerlLANDDEV\Forms-Official\BondslBond Faith Perf prior 10 SIA.DOC
SEE ATTACHMENT FOR
OFFICIAL NOTARIZATION
11-20
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
- ~-~ r<. :::-:z :"":=-.)~,~~.=
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State of California
County of 0' AN
On S 1 "12'-"
, Oat"
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Name and Title af Officer (e.g.. "Jane 0
kF~AI~/ e. NoL:Ti!JN
Name(s) of Signer(s)
before me,
personally appeared
cY.8.
'~"_JL_''''''''''' ',~ ,', .. ...",-...~ ~
_@ SO~E~~"6~~~N I
r,B 0 . NOTARY PUBLIC.CAlIfOiiNIA~
'" COMM. NO. 159325.'\ -
l . SAN DIEGO COUNTY i
n MY CDM"'. EXP. JUNE 29, 2009 '
o personally known to me
~proved to me on the basis of satisfactory evidence)
to be the personlJ6. whose name~re subscribed to the
~in instrument and aCkno~ed to me that
he helthey executed the e i is r/their authorized
apacity(i*), and that b~~er/t elr signature!lt on the
instrument the person'O~the entity upon behalf of
which the person~ acted, executed the instrument.
Place Notary Seal Above
WITNESS my hand and official seal.
C/ ~'arudil
OPTIONAL
-
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document .Q
Title or Type of Document: UO/JP
sf 11/2aJ6
I ,
PO~
'Arr#~ ~Ao1far
I
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
NtJMti"
.
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title( s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
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Signer Is Representing:
Signer Is Representing:
=-~ ~ ~",.,.,..",. """""""' ".,. ~';;"~=~.~~-y~
@ 2006 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 . Cnatsworth, CA 91313-2402
~._._-- = '=< ~""""'-
Item No. 5907 Reorder: Gall Toll-Free 1-800-676-6827
11-21
STATE OF
COUNTY OF SAN DIEGO
On 3 / / 7 /6 0 , before me, D. KOHL
, ,
(here insert name and title of the officer), personally appeared
CALIFORNIA
]
S. SMITH-BOWMAN
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(Z) whose name(Z) is/a,e
subscribed to the within instrument and acknowledged to me that /JBsheltt'I!Y executed the same in hi$lher/tMir authorized
capacity(i~), and that by hi)!7her/th,nr signature~ on the instrument the person(71, or the entity upon behalf of which the
person(J1f acted, executed the instrument.
WITNESS my hand and official seal.
Signature
j)~Ji
(SEAL)
~------------,
@ O,KOHl
_ CommlUlan , 1411686
i' NolaIy ,....., . CaIIIaInk. d
San OlIVO CounIV
i _ _ _ ~~_~~1~
This 'Irl!afor OJ/icial Notur;ul Seal
OPTIONAL
",'
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudl:Jlent reattachment of this form. //
~ .
CAPACI~YcuIMED BY SIGNER DESCRIPTION O;J"TIA.CHED DOCUMENT
o INDIVIDUAL ~ /.
o CORPORATE OFFICER .
o PARTNER(S)
o LIMITED
o GENERAL
/ TITLE OF TYPE OF DOCUMENT
/
,//
.
TITLE(S)
o ATIORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
/,/
//
/
/
,/
SIGNER IS REPRESENT;.~I({
NAME OF PERSON(S) OR ENTIT't1IES)
,/
,/
/
/
"-
,
DATE OF DOCUMENT
10-1232 (REV. 12105)
ALL-PURPOSE A~LEDGEMENT
"",
SIGNER(S) OTHER THA~AMED ABOVE
',,-
"
EXfUBIT :...JL
DUPLICATE ORIGINAL
. k 4="1
FileNo.: /\. B
Bond No.: 7260275 '
Premium:TNr.T, TN PERFORMANCE
BOND
BOND FOR MATERIAL AND LABOR
(To Be Used Prior To Approval of Subdivision Improvement Agreement)
WHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of California, and
SYCAMORE JACKSON ESTATES LP (hereinafter "Principal") desire to enter into a
Subdivision Improvement Agreement (hereinafter referred to as "Agreement") whereby Principal agrees to'
install and complete certain designated public improvements for the project known as
SYCAMORE ESTATES, TRACT 04-09 ; and
WHEREAS, Principal desires to commence construction of said public improvements prior to approval
of said Agreement by the City Council of the City ofChula Vista; and,
WHEREAS, the City of Chula Vista, County of San Diego, State of California, has issued to Principal
Construction Permit No. PC-I7l3 (hereinafter referred to as "Permit") for the public
improvement work as set forth in more detail on City of Chula Vista Drawing Nos. 05087-1 through
05087-3 ,regarding construction of said public improvements, which Permit is hereby referred to and made
a part hereof; and,
WHEREAS, under the terms of said Permit, Principal is required, before entering upon the performance
of the work, to file a good and sufficient payment bond with the City of Chula Vista to secure the claims to
which reference is made in Title 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code of
the State of California and will be required to maintain such bond pursuant to the Agreement.
NOW THEREFORE, said Principal and DEVELOPERS SURETY & INDEMNIT,Ya <tRJilPMtion of the
State of IOWA , (hereinafter "Surety"), are held and firmly bound unto the City of Chula
Vista, a municipal corporation (hereinafter "City") in the County of San Diego, State of California, and all
contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the
aforesaid Permit and referred to in the aforesaid Code of Civil Procedure in the sum of
EIGHTY FTVE THOUSAND AND NO/IOO'S dollars, ($ 85,000.00 ), lawful money of
the United States, for materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an
amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will
pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court,
and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082), Part
4, Division 3, of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon
this bond.
The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the terms, covenants, conditions, and provisions of said Permit and the subsequent Agreement, which is
incorporated herein and any alteration thereof made as therein provided, on his or their part, to be kept and
performed at the time and in the manner therein specified, as to installation and completion of said public
Improvements both prior to and subsequent to City approval of the Agreement and in all respects according to
11-23
their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as
therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force
and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Permit or the Agreement or to the work to be performed thereunder or the specifications
accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Permit or the Agreement or to the
work or to the specifications.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall
be included costs and reasonable expenses and fees, and including reasonable attorney's fees, incurred by City.
in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
In addition to the acts bonded for pursuant to the Permit incorporated above and all terms, conditions
and provisions of the Agreement, the following acts and performances are additionally subject to the terms of
this bond:
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above
named, on MARCH 17 , 20~.
DEVELOPERS SURETY & INDEMNITY COMPANY
Name of Surety Company
BY~~~\)''P'>''-~
S. SMITH-BOWMAN, ATTORNEY IN FACT
177 80 FITCH
Address of Surety Company
SYCAMORE JACKSON ESTATES LP
Name of Principal (A plicant)
IRVINE
City
CA
State
92614
Zip Code
BondJPolicy No.
ABOVE-SIGNATORIES MUST BE NOTARIZED
~ity
J:\Engineer\LANDDEV\Fonns-Official\BondslBond Material & Labor Prior to SlA.doc
SEE ATTACHMENT FOR
OFFICIAL NOTARIZATION
11-24
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~"""""::>u'-:=""""""'-
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=~
State of California ~
County of r AN
"'-"
OnS" flu 2dJ'
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before me,
!/liZ' &.I!J.IM
Name and litle of Officer (e.g., "Jane Doe, N Public")
K.iEN;./~"7h' C! . "'o/l.~
Name(s) of Slgner(s)
personally appeared
r-"~. ~----~-~F~~~~~~L --1
_@ SOHEIL BORHAN
S;.' NOTARY PUBUCCAIJFCRNIA~
Jl! COMM. NO. 1593253 -
1 . SAN DIEGO COUNlY I
. MY COMM. EXP. JUNE 29, 3)tJ9
-
o personally known to me
~oved to me on the basis of satisfactory evidence)
to be the person~ whose name~re subscribed to the
~hin instrument and aCkno~ed to me that
e she/!hey executed th~e i hi er/their authorized
apacity()(!ll, and that b hiS er/! elr signature~ on the
instrument the person ,or the entity upon behalf of
which the person~ acted, executed the instrument.
Place Notary Seal Above
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document II
Title or Type of Document: 1iJ()~P
5/1?/?~~'
/ ,
Document Date:
Number of Pages:
i LA&JIL
/
1eI'o~ MA7~LrAI..
Signer(s) Other Than Named Above:
"'ONE
Capacity(ies) Claimed by 5igner(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~""" ~~.... =""='" >..<>=N->= -~~
~ 2006 National Notary Association. 9:350 De Sotc Ava., P,O. Box 2402 . Chatsworth, CA 91313-2402
~~= ~~~
Item No. 5907 Reorder: Call Toil-Free 1--800--876-6e27
11-25
STATE OF
CALIFORNIA
COUNTY OF
SAN DIEGO
]
On .3 / I J l\ {, , before me, D. KOHL
. I
(here insert name and title of the officer), personally appeared S. SMITH-BOWMAN
personally known to me (or proved to me on the basis of satisfactory evidence) to be the personl,t) whose namel,t) Is/ape
subscribed to the within instrument and acknowledged to me that h6'she/tf14 executed the same in hii!herltryfir authorized
capacity(i~), and that by h~her/th"r signature(1f on the instrument the personM, or the entity upon behalf of which the
person(1f acted, executed the instrument.
WITNESS my hand and official seal.
Signature
D~J
(SEAL)
J@--- - ~~.;,:~
I' NoIary PuIllIc - c_
t San DIIQO Counly
_ _ _ ~~~ ~ _~1~ .
This areajbr qtliciai Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the docu(l>€iliand could
prevent fraudlJlent reattachment of this form. ,//
CAPAC~~MED BY SIGNER DESCRIPTION O!~~HED DOCUMENT
o INDIVIDUAL ~ /
o CORPORATE OFFICER /
/' TITLE OF TYPE OF DOCUMENT
//
/
T1TLE{S)
o PARTNER(S)
o LIMITED
o GENERAL
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
//
/
./
./
NUMBER OF PAGES
"""''''--..."
"'".
DATE OF DOCUMENT
10-1232 (REV. 12/05)
ALL-PURPOSE ~~WLEDGEMENT
'.
SiGNER(S) OTHER THAN AMED ABOVE
'''-.
'.
POWER OF A TTORNE Y ~OR
DEVELOPERS SURETY AND INDEMNlT'l COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, lRVINE, CA 92623 (949) 263-3300
h>IOW ALL MEN BY THESE PRESENTS, thnt I:XCI::pt as expressly limited, DEVELDPERS SURF!"! AND HIDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint:
***Steven R. Bonilla, S, Smith-Bowman, D. Kohl, Rajan Patel, jointly or severally***
;01;; ,heir true and lawful Attomey(sj- in-F1ct, tD make, execute, d.eliver and ackno''Ik:dge, for ;mJ on behalt of said i.~orpl)rntions, as sureties. bonds, undertakings
:ld contmcl:S of suretysbip giving and granting unto said J\ttorncY(SJ-in-l-:.ict rul1 power und aul.hority to do and to ['lcrfum1 every act necessary, requisite or proper
tQ be done in connection therewith as each of said corporations CQuld do, but reserving to each or SL!.id C\lrpOf::ltiollS full power of substitution and revocation, and
aU arch!:: acts of said 1(\,.ttorneyts)-jn~Fad, pursuant to these p:cscnli, drc hereby mtif'icd and continued.
This Power of Attorney is granted and is signed by facsimile under and by authority or the following re:;olutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, cOcctii'c as of Noycmber I, 2000:
RESOLVED, thaI the Chainnan ofthe Board, the President and any Vice President of the curporation be, and that each of them hereby is, authorized to
(:,~I:;culo-' Powers of Attorney, qualifyi.ng the attorney(s) named in the Powers of Attorney to execute. on behalf of the corporations, bonds, undertakings and contracts
uf suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each or them hGreby is, authorized to attest the execution of any such
Power ofArtorncy;
RESOLVED, FURTHER, that the signatures of such oJ1icer:; may be atTixcd to any such Power of Attorney or to any certificate relating thereto by
ta.csimile, and any such Power ofAttomcy or certificate bearing such facsimile signatures shan be valid and binding upon the corporntion when so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and fNDEMNITY COMPANY OF CALlFORNIA have severally caused
th~sc presents to be signed by their respective Executive Vice President and attested by their respective S(..'CrcLary this 1 st day of December, 2005.
(~')~
By: --
David H. Rhodes, Executive Vice-President
.)
...................
....\i P.ND!. .....
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I;:! OCT. ~j,i
i~! 10 L:"J=
~o\ 1936 .faff
..~. ...s~
\..,;...... lOW !l-.......,.\ l
.....'7 ............ .,.~.....
....... * ......
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~~
BY'
Walter A. Crowell, Secretary
STATE OF CALlFORNIA
]
COUNTY OF ORANGE
On December]. 2005 before me, Gina L. Gamer. (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in hislber/their authorized capacity(ies), and that by hislhcr/their signaturc(s) on the instrument the person(s),
or the entity upon ;,ehalf of which the person(s) acted. executed the instrument.
6ma~~
If.- =--- - - -i~.:1 J1
NOTAIlV PU8UC CAUFOAHJA
_COUNTY
~ - - - - .,~~~":~~
WITNESS my hand and official seal.
Signature
(SEAL)
CERTIFICATE
The undersigned, as Assistant Sccretill)', of DEVELOPERS SURETY AND INDEMNITY COMPANY and fNDEMNITY COMPANY OF CALIFORNIA,
does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthennore, that the prOYlSIOnS of the resolutIons of
the respective Boards of Directors of said corporations set forth in the power of Attorney, are in force as of the date of this. Certificate.
This Certificate is executed in the City of [rvine, California, the _ 1 7TH day of
MARCH
2006
~j-~
8)'
Albert Hillebrand, Assistant Secretary
11-27
lD-1380 (Rev. 12105)
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CITY OF CHULA VISTA
FINANCE DEPARTMENT
276 FOURTH AVE
(619) 691-5250
CHULA VISTA CA 91910
****************************************
RegD D/RcptD: 002-00159969 [ DSL ]
Accounting Date: Thu. Aug 17, 2006
Date/Time: Wed, Aug 16. 2006 4:03 PM
****************************************
9130\CASH BOND WID INTEREST $4.500.00
REF D: PRDJ# EY430
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Payment Data:
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Payer: CALIFORNIA FUND CONTROL
Method: CK
RefD: 136469
AMOUNT
****************************************
Receipt Summary
****************************************
TOTAL TENDERED = $4.500,00
RECEIPT TOTAL = $4,500.00
------------------
CHANGE DUE = $0,00
****************************************
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
:;rHE CITY COfJNCIL
I. :/
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f!,,,,, . ___n ..
'01\'41[::> E H \LU::.~ DC k
rbl<. . Ann Moore '
City Attorney
, I
I '
Dated: 51 i81 07-
Supplemental Subdivision Improvement Agreement
For Chula Vista Tract No. 04-09
Between The City ofChula Vista and Sycamore
Jackson Estates, L.P.
11-29
ATTACHMENT -.!:l..-
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RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
ChuIa 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.
Developer
Above Space for Recorder's Use
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SUPPLEMENTAL SUBDNISION IMPROVEMENT AGREEMENT
FOR CHULA VISTA TRACT NO. 04-09
SYCAMORE ESTATES
(Conditions 2, 3, 10,41,42, and 43 of Resolution 2005-128)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this
day of ,2007, by and between TIffi CITY OF CHULA VISTA, California ("City" or
"Grantee" forrecordingpurposes only) and SYCAMORE JACKSON ESTATES, L.P., ("Developer"
or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this
Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" and as shown on Exhibit "B" attached hereto and
incorporated herein ("Property"). The Property is referred to as Sycamore Estates, Chula
Vista Tract No. 04-09 as approved by resolution no. 2005-128. For purposes of this
Agreement the term "Project" shall mean "Property".
B. Developer is the owner of the Property.
C. Developer has applied for and the City has approved a Tentative Subdivision Map commonly
referred to as the Sycamore Estates T entati ve Subdivision map, Chula Vista Tract No. 04-09,
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("Tentative Subdivision Map") for the subdivision of the Property.
D. The City has adopted Resolution 2005-128 ("TM Resolution") pursuant to which it has
approved the Tentative Subdivision Map subject to certain conditions as more particularly
described in the TM Resolution.
E. City is willing, on the premises, security, terms and conditions herein contained to approve
the final map for which Developer has applied ("Final Map") as being in substantial
conformance with the Tentative Subdivision Map described in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained,
the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
1.1 Agreement Binding 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.
1.2 Agreement Runs with the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and
assigns and any successor in interest thereto. City is deemed the beneficiary of such
covenants for and in its own right and for the purposes of protecting the interest of the
community and other parties public or private, in whose favor and for whose benefit of such
covenants running with the land have been provided without regard to whether City has been,
remained or are owners of any particular land or interest therein. If such covenants are
breached, the City shall have the right to exercise all rights and remedies and to maintain any
actions or suits at law or in equity or other proper proceedings to enforce the curing of such
breach to which it or any other beneficiaries of this agreement and the covenants may be
entitled.
a. Developer Release on Guest Builder Assignments. If Developer assigns any
portion of the Project, Developer may have the right to obtain a release of any of Developer's
obligations under this Agreement, provided Developer obtains the prior written consent of
the City to such release. Such assignment shall, however, be subject to this Agreement and
the Burden of this Agreement shall remain a covenant running with the land. The City shall
not withhold its consent to any such request for a release so long as the assignee
acknowledges that the Burden of the Agreement runs with the land, assumes the obligations
of the Developer under this Agreement, and demonstrates, to the reasonable satisfaction of
the City, its ability to perform its obligations under this Agreement as it relates to the portion
of the Project which is being acquired by the Assignee. Developer, or their successors in
interest, shall improve the Project Site with the Project as described in Tentative Subdivision
Map, Chula Vista Tract 04-09, except as modified by this Resolution.
b. Partial Release of Developer's Assignees. If Developer assigns any portion of
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the Project subject to the Burden of this Agreement, upon request by the Developer or its
assignee, the City shall release the assignee of the Burden of this Agreement as to such
assigned portion if such portion has complied with the requirements of this Agreement and
such partial release will not, in the opinion of the City, jeopardize the likelihood that the
remainder of the Burden will not be completed.
2. Condition No.1 of Resolution 2005-128. Developer agrees that all of the terms, covenants
and conditions contained herein shall be binding upon and inure to the benefit of the heirs,
successors, assigns and representatives of the Applicant as to any or all of the property.
3. Condition No.2 of Resolution 2005-128. Developer shall comply, remain in compliance and .
implement, the terms, conditions and provisions, as are applicable to the property which is the
subj ect matter of this Agreement.
4. Condition No.3 of Resolution 2005-128. Developer agrees that any and all agreements that
the Developer is required to enter into hereunder shall be in a form approved by the City
Attorney.
5. Condition No. 10 of Resolution 2005-128. Developer agrees to process the vacation of the
excess right-of-way on Sycamore Drive due to the realignment of the cul-de-sac. The excess
right-of-way vacation shall include preparation oflegal descriptions and grant deeds reflecting
the revised property boundaries to the offsite parcels affected by the vacation deemed necessary
by the City. Said vacation process shall require a separate approval by City Council Resolution
and shall be accomplished within 60 days of map approval by City Council.
6. Condition No. 41 of Resolution 2005-128 (Indemnification). Developer agrees to defend,
indemnify and hold harmless the City and 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 any approval by the City, including approval by its Planning
Commission, City Councilor any approval by its agents, officers, or employees wit regard to
this subdivision pursuant to Section 66499.37 of the State Map Act provided the City
promptly notifies the subdivider of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense.
7. Condition No. 42 of Resolution 2005-128 (Agreeing to holding City harmless). Developer
agrees to defend, indemnify, and hold the City harmless from any liability for erosion,
siltation, increase flow of drainage, or spillage of sewage resulting from this Project, now and
in the future.
8. Condition No. 43 of Resolution 2005-128 (Cable Television). Developer agrees to ensure
that all franchised cable television companies are permitted equal opportunity to place
conduit and provide cable television service to each lot within the subdivision. Developer
further agrees to restrict access to the conduit to only those franchised cable television
companies who are, and remain in compliance with, all of the terms and conditions of the
franchise and which are in further compliance with all other rules, regulations, ordinances
and procedures regulating and affecting the operation of cable television companies as same
may have been, or may from time to time be issued by the City of Chula Vista.
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CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
Developer:
NORTON CONSTRUCTION COMPANY
P.O. Box 910627, San Diego, CA 92191
Attn: Ken Norton
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.
9. 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.
10. Entire Agreement. This Agreement contains the entire agreement between the parties
regarding the subject matter hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect. This Agreement is not
intended to supersede or amend any other agreement between the parties unless expressly
noted.
11. Preparation of Agreement. No inference, assumption or presumption shall be drawn from
the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the preparation and/or
drafting this Agreement.
12. Recitals; Exhibits. Any recitals set forth above and exhibits referenced herein are
incorporated by reference into this Agreement.
13. Attorneys' Fees. If either party commences litigation for the judicial interpretation,
reformation, enforcement or rescission hereof, the prevailing party will be entitled to a
judgment against the other for an amount equal to reasonable attorney's fees and court costs
incurred. The "prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
(NEXT TWO PAGES ARE SIGNATURE PAGES)
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SIGNATURE PAGE ONE OF TWO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
SYCAMORE ESTATES FINAL MAP
(CVT 04-09)
IN WITNESS WHEREOF, City and Subdivider have executed this Agreement, indicating
that they have read and understood same, and indicate their full and complete consent to its terms. .
THE CITY OF CIlliLA VISTA
DATED: ,2007
Cheryl Cox
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
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11-34
SIGNATURE PAGE TWO OF TWO
SUPPLEMENTAL SUBDNISION IMJ'ROVEMENT AGREEMENT
SYCAMORE ESTATES FINAL MAP
(CVT 04-09)
SYCAMORE JACKSON ESTATES, L.P.,
A CALIFORNIA LIMITED PARTNERSHIP, AS OWNER.
BY: SYCAMORE JACKSON ESTATES, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, AS GENERAL PARTNER
BY: NORTON CONSTRUCTION, INC., A CALIFORNIA
CORPORATION, AS MANAGER
BY:
.~ LE:: ~~~ C~~~rnr"'lehn,\Y\('
DATED: \\ ) "-, "'If
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NAME:
TITLE:
DATED:
BY:
(Attach Notary Acknowledgment)
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11-35
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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before me, C!/,'rt sAn-< :r: ~Y-J",^ , 1/o~J.?...j/'c..:
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CHRISTINE J, JCRDAN
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OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
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Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
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Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
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Pmd. No. 59C7
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J :\Enginee,\PERMITS\EYlEY 430SSIA.drn:
List of Exhibits:
Exhibit "A" Legal Description
Exhibit "B" Plat of Property
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EXHIBIT "A"
LEGAL DESCRIPTION
BEING A SUBDIVISION OF LOTS 38, 103 AND A PORTION OF LOT 37 OF WOODLAWN
PARK, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1271, FILED IN THE OFFICE OF THE .
COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 30, 1910, TOGETHER WITH A
PORTION OF SYCAMORE DRIVE AND SPRUCE ROAD AS DEDICATED TO PUBLIC USE.
A PORTION OF THAT CERTAIN EASEMENT FOR ROAD PURPOSES FILED ON AUGUST 8,
1984 AS DOCUMENT NO. 84-301075 IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY IS NOT SHOWN HEREON AND IS ABANDONED PURSUANT TO
SECTION 66434(g) OF THE SUBDIVISION MAP ACT.
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EXHIBIT'~< B~'
CHULA VISTA TRACT NO. 04-09
SYCAMORE ESTA TES
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