HomeMy WebLinkAbout2007/09/11 Item 4
CITY COUNCIL
AGENDA STATEMENT
09/11/07 ItemA-
SUBMITTED BY:
RESOLUTION APPROVING THE FINAL "B"
MAP OF CHULA VISTA TRACT NO. 05-16, OTAY
RANCH VILLAGE 6 MARQUIS UNIT 1, PLANNING
AREA MU-2. APPROVING THE ASSOCIATED
SUBDIVISION IMPROVEMENT AGREEMENT FOR
THE COMPLETION OF THE IMPROVEMENTS;
APPROVING THE ASSOCIATED SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
ENGINEERING & GENERAL SERVICES DIRECTOR \. ~
ASSISTANT CITY MANAGER c,.'i \J
CITY MANAGER ~--)
ITEM TITLE:
REVIEWED BY:
4/5THS VOTE: YES
NO X
BACKGROUND
On March 26, 2002 by Resolution No. 2002-089, Council approved a Tentative
Subdivision Map for Chula Vista Tract 02-05, Otay Ranch Village 6. On October II,
2005 by Resolution No. 2005-347, Council approved an Amendment to said Tentative
Subdivision Map, Chula Vista Tract 05-16. Tonight, Council will consider the approval
of Planning Area MU-2 final map within Otay Ranch Village 6 by Otay Ranch Fourteen,
LLC a Delaware Limited Liability Company.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the
proposed project was adequately covered in previously adopted Environmental Impact
Report (98-01) and Mitigated Negative Declaration (IS-04-035), for the Otay Ranch
Village Six Mixed Use Project. Thus, no further environmental review or documentation
IS necessary.
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09/11/07, Item_
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RECOMMENDATION
That Council adopts the following:
Resolution approving the Final "B" Map of Chula Vista Tract No. 05-16, Otay
Ranch Village 6 Marquis Unit I, Planning Area MU-2. Approving the associated
Subdivision Improvement Agreement for the completion of the improvements,
approving the associated Supplemental Subdivision Improvement Agreement, and
authorizing the Mayor to execute said agreements.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The area is generally located East of East Palomar Street, between View Park Way and
Magdalena Avenue within the area of Otay Ranch Village 6. The "B" map for Otay
Ranch Village 6 Marquis Unit 1, Planning Area MU-2 consists of one numbered lot with
80 residential condominium units and 18 commercial condominium units, totaling a gross
area of4.474 acres (see Exhibit 1).
The final map has been reviewed by the Engineering and General Services and Public
Works Departments and found to be in substantial conformance with the approved
Amended Tentative Map. Approval of this map constitutes acceptance by the City of the
sewer and access easement and acceptance on behalf of the public of all public streets
granted within the subdivision. Otay Ranch Fourteen, LLC, as subsequent and current
owner of the Otay Ranch Village 6 Marquis Unit I, Planning Area MU-2 has executed
the appropriate Subdivision Improvement Agreement, providing bonds to secure the
construction of onsite facilities within the subdivision and Supplemental Subdivision
Improvement Agreement, which address several outstanding conditions of approval of
the tentative map and amended tentative map that will remain in effect and nm with the
land for the map.
AFFORDABLE HOUSING
The Amended Tentative Map for Otay Ranch Village 6 Project converted a Community
Purpose Facilities (CPF) parcel to the MU-2 parcel thus adding 97 mixed-use units to the
total units of the Village Six Land Use in order to accommodate the proposed Marquis
development, a I 58-unit condominium project. Both MU-2 and MU-I are proposed as a
single development, in terms of design and marketing purposes. At the time of approval
of the Amended Tentative Map, it was intended that both parcels would be processed
concurrently and Condition #30 was added requiring the applicant to enter into an
affordable housing agreement with the Housing Division prior to approval of the 158-unit
condominium map. The Developer has since decided to file two final maps, one for MU-
I encompassing the first phase of 60 condominium units and one for MU-2 for the
remaining 98 condominium units (up for consideration tonight), totaling the 158
condominium units. All of the affordable housing units are proposed for the MU-I final
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09/11/07, Item~
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map. Therefore, it is appropriate that the affordable housing agreement will be executed
with the final map for MU-l, proposed for approval in the near future.
PARKLAND OBLIGATION
The Tentative Map for the Planning Area MU-2 Project (approved in accordance with
City Council Resolution 2005-347) required the Master Developer to meet the MU-2
Project's park obligation through a combination of payment of fees for parkland
improvement obligation and dedication of land for parkland obligation. The developer
has paid the applicable parkland improvement fees. Pursuant to Condition of Approval
No.3 of Resolution 2005-347, the parkland obligation was to be satisfied through the
dedication of parkland, via an irrevocable offer of dedication (lOD), in areas adjacent to
the previously dedicated Village 2 community park site prior to the first building permit
for the MU-2 project.
Current IOD parkland inventories within the Village 2 community park site have been
reserved for parkland obligation related to Village 2 entitlements. Additional inventories
of Village 2 community parkland will become available once various utility easement and
parcels are transferred to the Village 2 community parcel. Staff supports the dedication of
contiguous parcels of future Village 2 community park parkland and is recommending
that the City Council move forward with the approval of the MU-2 project by permitting
the applicant to meet their parkland obligation requirement prior to the last B Map for the
MU-l project as opposed to requiring the developer to meet the parkland obligation at the
building permit stage of the MU-2 project. This approach will permit the developer to
move forward with the delivery of dwelling units for the MU-2 project, while assuring
conformance with parkland obligation prior to Village 6 project close-out.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this
action.
FISCAL IMPACT
None to the City. The developer has paid all costs associated with the proposed Final
Map and agreement.
EXHIBITS:
Exhibit 1: Plat ofOtay Ranch Village 6 Marquis Unit 1, Planning Areas MU-2
Exhibit 2: Developer's Disclosure Statement
Exhibit 3: Subdivision Improvement Agreement
Exhibit 4: Supplemental Subdivision Improvement Agreement
Prepared by: Boushra Salem, Senior Civil Engineer, Engineering Department
J:\Engineer\AGENDA\CAS2007\09-J i-OlIOR V6 Marquis Unii/ _MU-2.doc
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HUNSAKER
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EXHIBIT t
CHULA VISTA TRACT NO. 05-16
OTAY RANCH
VILLAGE 6 MARQUIS UNIT 1
1
PORT/ON OF EAST
PALOMAR STREET
DEDICA TED ON MAP.
EAST PALOMAR STREET
PLANNING 1017'.l HlJe!1nekens Street
ENGINEERING Sail Diego, Ca 92121
SURVEYING PH(858)558.4$QO. FX{8S8~5SS.14'4
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DiscloSllre Statement
Pursuant \0 Council Policy lGHlt. prior to any acti<Jl1 upon matters that will require discretionary action by the Council,
Planning Commission ~nd all other official bodies of til" City. a statement of disclosure oi certai" ownership or iinancial
interests, payments, or campaign Gomrihutions for a City of Chuba Vista efedion must be tiled. The follQwing irnommtion
must be disclosed:
Ust the names of all persons ha.li~ng a financ.ial interest in the properw that is. ttl€ slJblect of the- appiication or th.~
COlllract, e.g.. owner, applicant, contractor, subcontractor, material supplier.
Ore,,", r2L'-Vl:~~~ ~Jikf/', w...C- C)L\.wJ'-'(t.:dD'-\'ej0fY\l\e~'\..r-,.::u\L
C'VJ..~ ' \ L. -Eo-.i\J.:~lf) '1Y\eS5~, l-LC _
I .~k;.,'- 11:Ji&,t-~Y\'\ , 1-'-'--
.2. If any pBfson'" identified purs.uant to (1) 8biJVe is a cQrporation or partnership, list the nElmes of all jndivid.ual~ with
a $2000investrnenl in tile businB~S (corporationlpartnership) entitr.
,) ',>1'1\ erd...c\\!" ,y\
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3. If anv persorr" idenlined pursuant to (1) above is a IiDn-profit organization Of trust, list the names of .aIW person
serving 3S directex of tt1e non"pJ'Ont Qrgar11zatJon or .a~ trustee Of beneficiary or trustor uf lhe tJU$L
tJlk
4.
Please idenliiy e'lJe;ry p-ersart, including any agents. employees. consultants. or indepelident ccntractul's you have
.assigned toO represent you befof"€: the City ir1 this matter.
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5.
Has any pers.on;t associated wilh this contract had any financial dealings with an official"'''' of the Citv oi C11u!a
Vfsta as. it relates t<J this contract witNn ttla past 12 months. Y.es...,..,.-- N()~._
!f Yes, briefly descriol7 the natur.e of the financial interest the official~'" may have in thIs CtJrltracl.
6. Have ')o'o,u made .a contribution or more than $250 withit~ the past twetve {12} months to a current member .of the
eMula Vista City Council? No '1 Yes _ If yes, which C<>uncil m",mber?
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7, Have you provided more than $340 Illr an item at equivalent vaille) to.n officiaj" ot the 'City of ellul" Vista In the
past l'NeJ'IJ€ (12)~ monlJls? (This Includes being a source of income. mcmey to f0tire a legal debt, gift I-oan, etc.)
Yes No i"
If Yes, which official"'''' and what was the nnture of ltem prO\i!ded?
Date,
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ignature of Cl1ntractorJAppfic.3r'1t
nt:\-}''i' V 'v\L- E. VI S.lC~'\i.'0
Print or type n"me at ContractorlAppflcant
Person is defined ClS: any individual.. firm, co~p.artners.hip, joint venture, 8s.$oci.atior'l, socia! club, fraternal
\')rganilation, corporation, estate, trust, recel\/er, s.yndic~te, .any other county, city: municipality, d.rstlict, or otrler
political 'Subdivision. ~or any other grollp or combination Acting as.a unit.
Official includes, but is flot nm~ted to: Mayor. Council member, Chul.a Vista Redevelopment Corporation member,
Pl8flflln:g Corn mi 5SIon er, rri~H'lbef of a board, com mi 3.S(O rr, 0 r corn mitt.e€ of the City, .em p loyee, or s~.aff members.
Sept" mber 6, 2006
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RESOLUTION NO. 2007-
RESOLUTION APPROVING THE FINAL "B" MAP OF CHULA VISTA TRACT NO.
05-16, OTAY RANCH VILLAGE 6 MARQUIS UNIT 1, PLANNING AREA MU-2j
APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE COMPLETION OF THE IMPROVEMENTS; APPROVING THE
ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS
WHEREAS, the developer, Otay Project Fourteen, LLC, a Delaware Limited Liability
Company has submitted a final map for Otay Ranch Village 6, Marquis Unit 1, Planning Area
MU-2, of one lot subdivision with a maximum of 80 residential condominium units and 18
commercial condominium units; and
WHEREAS, the developer has executed a Subdivision Improvement Agreement to install
public facilities associated with the project; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of City Council Resolution No. 2002-089 and
Resolution No. 2005-347; and
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 No. 05-16, Otay Ranch
Village Six Marquis Unit 1, Planning Area MU-2, particularly described as follows:
Being a subdivision of A portion of Lot 17 of Chula Vista Tract No. 02-05 Otay
Ranch, Village 6 Unit 1 "A" Map No.1, in the City of Chula Vista, County of
San Diego, State of California, according to map thereof No. 14446, filed in the
office of the County Recorder of San Diego County on September 18, 2002.
Area: 4.474 Acres
Numbered Lots: 1
No. of Lots: 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 that the City of Chula Vista hereby accept the sewer
easement as shown on the Map, 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 the map the action of the City Council; that the Council
has approved said subdivision map, and that the sewer easement as granted hereon and as shown
on the map is accepted on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the certain Subdivision Improvement Agreement for
the completion of improvements in said subdivision for the project, copies of which shall be on
file in the office of the City Clerk, is hereby approved.
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BE IT FURTHER RESOLVED 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; copies of which is on file in the Office of the City Clerk is hereby
approved.
BE IT FURTHER RESOLVED that the City Clerk 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 the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreements for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Rick Hopkins
City Engineer
H:\ENGINEER\RESOS\Resos2007\09~11-07\RESO_OR V6 Marquis Unit 1 final map. doc
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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 CITY COUNCIL
-'S~'l\\\\~~,\\ Sf-,'f
Ann Moore
City Attorney
Dated:S-QP-r lCl1 ?C'(''l
Subdivision Improvement Agreement
Between the City of Chula Vista
and
Otay Ranch Fourteen, LLC for
Otay Ranch Village Six Marquis Unit l,
Planning Area MU-2 (CVT 05-16) OR-908F
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EXHIBIT .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 of less than a fee interest
for which no cash consideration has been paid or
recei ved.
Declarant
OR-908F
SUBDIVISION IlVlPROVEMENT AGREE:MENT
THIS AGREEMENT, made and entered into this _ day of ,
2007, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter
called "City", and Otay Ranch Fourteen, LLC, a Delaware Limited Liability Company, located at
2445 Fenton Street Chula Vista, CA, 91910, hereinafter called "Subdivider" 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 of Chula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
Otay Ranch Village Six Marquis Unit 1, Planning Area MU-2 (CVT 05-16) 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 subdi vision 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 said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2002-089, approved on the
26th day of March, 2007 ("Tentative Map Resolution"); and
WHEREAS, an Amendment to the tentative map of said subdivision has heretofore been
approved, subject to certain requirements and conditions, as contained in Resolution No. 2005" .
347, approved on the 11th day of October, 2007 ("Amendment to the Tentative Map
Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said improvement work have been prepared and submitted to the City Engineer, as
shown on Drawing Set 06063 inclusive on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said improvements
according to said plans and specifications has been submitted and approved by the City in the
amount of THREE HUNDRED ONE THOUSAND, EIGHT HUNDRED NlNTY FIVE
DOLLARS AND NO CENTS ($301,895.00)
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
I. 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 improvement
and/or land development work required to be done in and adjoining said 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 heretofore been filed in the Office of the City Engineer
and as described in the above Recitals this reference are incorporated herein and made a part
hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement. .
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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 improvements or the portion thereof serving said building or structures approved by the
City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of
said Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of ONE
HUNDRED FIFTY THOUSAND NINE HUNDRED FORTY SEVEN DOLLARS AND FIFTY
CENTS ($150,947.50), which security shall guarantee the faithful performance of this contract
by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of ONE
HUNDRED FIFTY THOUSAND NINE HUNDRED FORTY SEVEN DOLLARS AND FIFTY
CENTS ($150,947.50), to secure the payment of material and labor in connection with the
installation of said improvements, which security is attached hereto, marked Exhibit "B" and
made a part hereof and the bond amounts as contained in Exhibit "BOO, 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 SIXTY SIX
THOUSAND ONE HUNDRED TWENTY FIVE DOLLARS AND NO CENTS ($66,125.00)
which security shall guarantee the faithful performance of this contract by Subdivider to install
traffic signals at the intersection of East Palomar Street and View Park Way and is attached
hereto, marked Exhibit "C" and made a part hereof.
9. 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 .SIXTY SIX
THOUSAND ONE HUNDRED TWENTY FIVE DOLLARS AND NO CENTS ($66,125.00), to
secure the payment of material and labor in connection with the installation of traffic signals at
the intersection of East Palomar Street and View Park Way, which security is attached hereto,
marked Exhibit "D" and made a part hereof and the bond amounts as contained in Exhibit "D",
and made a part hereof.
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10, 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 FOUR
THOUSAND.DOLLARS AND NO CENTS ($4,000.00) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "E" and made a part hereof.
11. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such.
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any 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.
12. 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 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 Chula Vista
Municipal Code.
13. 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.
14. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all
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 improvements
constructed pursuant to this agreement; provided, however, that said acceptance shall not
constitute a waiver of defects by City as set forth hereinabove.
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15. 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 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 agre=ent to hold harmless
shall extend to damages to adj acent 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 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.
16. 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.
17. 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 bis/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in bis/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.
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SIGNATURE PAGE ONE OF TWO
SUBDIVISION IMPROVE11ENT AGREE11ENT
FOR THE OTA Y RANCH VILLAGE SIX MARQUIS UNIT 1, PLANNING AREA MU-2
(CVT 05-016)
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
Cheryl Cox,
Mayor of the City ofChula Vista
ATTEST:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
-6-
4-15
SIGNATURE PAGE TWO OF TWO
SUBDNISION INfPROVEMENT AGREEMENT
FOR THE OTA Y RANCH VILLAGE SIX MARQUIS UNIT 1, PLANNING AREA MU-2
(CYT 05-016)
BY:
(Attach Notary Acknowledgment)
-7-
4-16
OFFICIAL CALIFORJ'IIA NOTARIAL CERTIFICATE
ACKNOWLEDGMENT
State of California
County of 2:ai'i D)~
On S-e.ptcr,,~r '5 J d-007 , before me,
personally appeared DO'1VJ Brooks
Titie of Document 5LLbc(/ VI S'lOh ~,pY7N&r1.blt-
, ~r-wmalT
k <'V'I.A L. t-1-a.A'1 eN oTIt.r, f1.vhl" )
IX personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the
personCs') whose name(s1 is/ape subscribed to the within instrument and acknowledged to me that
he/sh@/thtiy executed the same in hislht.:tl.~;r authorized capacity(~, and that by his/h~r'tJa@ir
signarure<s) on the instrument the person\.l1. or the entity upon behalf of which the personV'} acted,
executed the instrument.
WITNESS my hand and seal.
KARLA L. HAHN
COMM. #1630397 2
NotalJ Public. California ~
San Diego County -
Comm. Ex ires Dec. 16, 2QIl9
. ~MU- ;Z 1/rL
SIGNATU OF NOTARY PUBLIC
ADDITIONAL INFORMATION
DOCUMENT INFORMATION
Document Date
Number of Pages C;
TYPE OF IDENTIFICATION
EMBOSSMENT
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?<rPersonal Knowledge of the Notary Public
: ] Satisfactory Evidence - identification card
. ] One Credible Witness acknowledging identity of principal
] Two Credible Witnesses acknowledging identity of principal
'opyright ~ ] 994, All Rights Reserved, California School ofNot4-;-lIuplic, Inc.
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance (Subdivision Improvement)
Form: Bond
Amount: $150,947.50
Exhibit "B"
Improvement Security - Material and Labor (Subdivision Improvement)
Form: Bond
Amount: $150,947.50
Exhibit "C"
Improvement Security - Faithful Performance (Traffic Signals)
Form: Bond
Amount: $66,125.00
Exhibit "D"
Improvement Security - Material and Labor (Traffic Signals)
Form: Bond
Amount: $66,125.00
Exhibit "E"
Improvement Security - Monuments:
Form: Bond
Amount: $4,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
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/!L
EXHIBIT (' A If
BOND FOR FAlTHFUL PERFORMANCE
I . . (To So U.ed Frio:" '" Al>l'rcv.l <1f Subcl.ivisJo. Imp",vemom I\~m""<)
FileNo.: 0 R..9D'6r
Bond No.: SU5022428
Premium: $4528.00
WFiE1U;As, thD City COlUlcil of lhe aty of Chul" Visla, County of San Diego, S1lIlC of Califbrnia, end
Ot.... Ranch Pouncen. LLC . (hereinaftetuPrincipnl") desire to
enler inro u SubdiYisicn ImprovClnCllt AgYeen lOlIll (h=iru!fterreferzed 10 as "Agreement") whereby Prindpal agreC$
10 ilUlall and complete ccrtElin dcsignalcd public improvernenl$ for the proj~ known as
etav Ranch Villa.." 6 CPP.! ; and
WHEREAs, Prlncipal desira; EO commence construction of said public improvemenl$ prior to "Ppro~ of
said A!i:I'eement ily the Ciy Council of lhc City of (hula Vista; llI1d,
WHEREAS, the City of Ch~a Vista, Counly of San Diego, Stille of Calitbmia, has issued to PrincipII!
ConstructiOllPcmtitNo. ()rJ: 000 j.. (hereinatierref'erredto as "Permit") f9r1he public imPJQYcrnCIIl worl:as
set forth in more detail on City of Chula Vista Drawing Nos.l9h n(.; !- 0 ( through (")60 C/ -10 .
regsrding construtiicn of said public improvements, which P<mli.t j~ hereby refe""" 10 &Od made" partbercor; /Irld,
WHEREAS, said Principal is required lZlder the lenm of saidPennit to fumish /.I bond for. faithful
performance of said PI:lItIiI ""d will be n:quired Ie rnoinlllin such bond pUlSU8Illlo the Agree=t.
NOW THEREFORE, we, the PrindPlll alltl Aroh In_unno" COJ1lpany
. a corpoimion of the Slate of.
M i...nuri . (hereinafter "SURly"), Me held and finnIy bound llIllo the Ci~ at Cbula Vista. 4
rmmic.ipal corpOl'aliOll (hereinafter "city") in 1I1e County of San Diego, Stale C(CalJfonUa, ond to lllld for llie bene:tlt of
any and all ~ons who ~ suffer damagC$ by breach of 1I1e ocnditions befool; in the penal so.m of
On~ Hunnn:art 'J?if'tv ThmHI5:tonti Nin&ll HU'nn'rJ!lon F"..tv .~~\7~n anti ~O/lnnthl'll' dollars,
($ 150 947 50 ), lawful mcne:y oflhe United Sims, Ibrlhe pay~t ofwhich sum weiland truly to be
made, wellindOW3Cl.ves, ourheiJs, =assOl1l, e<eeutors and administratcm;,join1ly and severally.lin:nly by these
presenlS. .
The caulilion of !his obligation is such lhSl if 1he above-bound PrlnC:ipal, his or Its heils, l:I<OCutors,
administra=.SUC<lOSSars 0: =igllS, shall in all things Sl8nd to md abide by, and welIllnd Iruly kcep and perfozm the
1eIm5, COVCl>anls, COIlditions, lIlld provisions of said P=nit And the subsequent Agreemenr, wllicb is inoorpQl1l1ed
l1erein lII1d IlllY a1terationthereofmade as therein Pf'O"icled;on his or their part, to be kept and pefonnecllZtthetime
llIld in !he manner thl!fCin speemed, as ID installsan wl completion of said public lmprovement:s bo1h priorto o!lllcl
subsequentto City approval oflhe Agreement cOO in lll1 respects aecordinglolbeirtx1Jeintenlllnclmean1nll.1lIld shall
iodemrUiY and save harmless City, its ofli=. agents. arid emplO\lees.lIS therein stipulallod, then this oblismion shall
becomll null and void; otherwise, il shall be llMd remain in full force and etteet. .
As pen of the obligslion seeuredhereby and ii1 addilioo to the face amount specified therefor,1here shall be
includ=cl COSIs and reascnable Cl<penses and fees, including reasonableattomey's fle, inculI'ed by City in ~r
enforcing such obligUion, all to be taxed as COSls ond included in any judgmern rendered
The ~ h=by stiplllotes and asr- that no chaase, ...tension of time, lIltemtion or ilddilion to the 1c:ms
of the Permit or the AgJ1eement or to the worle to be peribnncd 1hereunder or the speciiicatioos aceompfln)'ing the
sarneshaJl iOllnywis> af!ioot i1s obiiglltlons 0ll1his bond,llnd il does hereby walvencticeofany sucltc:ballge,e1(lcnsion'
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ofum=, a1t=!lion or addition to the l<:mlS oflhc PmJlil or Ih~ Agreement 9l'IO th& wodc Qf 10 the specilicalions.
In addltioo. to the 8ClS bonded for pulSumtt to the Pennit incorparared above and all terms, CXlndiliom mld
provisions of the Agreement. !he fbIlOlMng 8ClS and performances me Ilddilionally subject lO,the t= of this bond:
NA
IN WITNESS WHEREOF, 'llIis insttumeIIl hIlS beenduly exeetlted by 1lle Princ;.ipel and Surety above named,
on Janllarv 11th ,2007 .
1;'!'~ts=:1.~lti.~{'!I!~.r-n=!':!ilre=a.l~~I!!U~h:W"~~~=~li~1Wr,,'ii\':I!~1~~\.i~~,I'*)!ft:~l::~P!m:l:'<!.G=-Ja.~'fm."lI-l!l~
Ot.1tV R.II'M~'h F.otlrt~pn LL(;
Name of Principal (Applicant)
By
By
Arch ItlSU1'a~ee Company
Name of Surety Compll/Iy
By
1.Cf!i. 'N'h.,.th LOl; RohlPi:l Av~nlle Suit~ 825
Address of S=ty Compa11y
SU5022428
BondIPolicy No.
Pasadena CA 91101
City Stale
Zip Code
ABOVE-SJGNA TORIES MVST BE NOTARIZED
,f,;,~.<1"~r.j:("~H"'I,",,'"Jl~~~<<=l:~~,"'il~iJr>>i.lJr.;jl"HIOIlt'mI<<~!lI\f."~~e~7.m.,.'m~~II;I:U!~~V"'-it:1'im:'~!';!'/UV;!!!:\'(tI'.:nlr.tt.'Im.:;J:;ll""~-1!ll;-~
APPR.OYED AS Tq FORM:
City Anomer
J:\El1li:ncer\LA}.(OOSV\FClnn~~Iii'Cri.l\SQnd~\aODd rlidJPcd'-p..icr 1e SlA..ooC
4-20
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Oakwood De.velopment
519-397-0418
P ""
. ,
P.El3
e"ecu~.d tn triptciate
EXHIBIT
II 'B \\
File No. {) /Z. 9D S 1.
Bend No.:'Rllon?!24JlR
Premiunl: ineluded in pl'emhu::D
for Performance Bond
BOND. FOR MATERIAL AND LABOR
(To.Bc Used Prior To Approval ot Subdivision Impro'Oem...t A", ._.~Ir)
WHEREAS, the City CoWlcil of tile Cily of Chula Vista, COUl1ty or SllIl Die&o, Stale of Cllifomia, aod
OIOy futnch Fourteen, LLC . (lleleilun"" "Principal") de$ire to onte< into a
Subdivision Ilnprove:uent Agr,>en.ent (berein.otler refom:d l<> a. . ~reoenJClll") wher:by l'riIIeipl1l .lVoes 10
instoll and complete ~in desipotsd public. improvements . for a,e project. lenown lIS
Otav Ranch Villa",. 6 OPF. 1 ; and
. WHEREAS. Principal des;...s 10 commellCC construction of said pnblic inlp<O"""'ellts ""or to '1'1"0".1
of sDid AgreemCllt by the City Council of the City of 0,.10 Vista; lItld,
WHEREAS, the ell)' .of Chulo V~I!.-CoUDty of Son Oi...o, 'StOb: of Califoruia, has isS"ed 10 Principal
eonSl:1Iotion 1'"",,;t No, 0 Ie. 9 I:) 7l j, (hcrcinaf\~ roCured to as ''Pmnil''j _ fslr 1h9 public
iJn~~"ent wOlk a.s .et forth ~ lU""'~et.il 0.0 ~i<y of 01,,1. ViSlll Orawilli NO$. 015067-0 fWoueh
o Dt4I- -I O. r:gardlllg cOIlSIruCUon of saId ~ubllc ~"provements, Whlcb Penn It .. ho:reby ref~ In and nllxle
a poo hereOf; ll11J:l,
WHEREAS. under the Iem>S oJ said Pmnit, Principal is requited, before ell1Cr;'lg upon the perier",moe
oJ tho work, 10 file" good ....d .,utici.", pay'l1eJ1t be"" will!. d,. City of Cl,ula ViSla to secure llIe claim. !G
which ,0{= is made ill Title IS (C<lIllme1lcing with S.ction 31>82), Pm 4, Division 3, of d,e Civil Code <f
the St... or California il.lid will bo ~qu~d to moinlllin such bond purauam to the Agr..-nent
NOW THEREFORE, said Principal IUld Arch I"su",.nce Com"any . . cotporotia! ",f th.
Stateof MiAAourl . (he~inatl.r'~Su~ly"), orcheld and rumly bOWld unto the City of Chula
. Vista, . mUDicipoj calJ'ontiou (heroinaflao "City'') in the CQunty of Sill Di..llo, State of CoIifornia, ""d all
COlllrllcron, subconlrac'lon:, laborers, materialmcu and other persons .mployed in ill" porfornlilnee oi the
af"",uid P..",it aJlC!. ref.Ired to in the afonosi>icl Cod. of Civil P",CedlU': ill II", sum of'
Om.EUDdJ...dIl'ift..,.'1'h.oQll.ll."d"P'Mll.Hundy.rl'P'orn-. doll~ ($ 150947.50 '. ). l.uwrwlnoJ1ey of
the United SlatC3, for material> fumish.d or labor thereon of any kind, ex- for ""'auntS due: under tilo
Unemj>lQymOl'1 I=....~ Ad with ""Peer to such werle or labor, that ...,;d S""'ty will pay the Sllnll> ill ""
1Illl"""1 not """"odillg tho "",0"",' l><Rin.bqve $et fbrtll, and also in ea.e ...it tS brought upon !hi< bond, win
P"J', in oddi~o>, lathe i."" "",otlnt the,eof,. costs and reasonable "",,,,,"'.s amI f.... .includiJig t'l:'l$ooable
attorney's li::cs, in=d by City jn ...."'...cully ""f"tcing: such obligation, to be awarded and fi".d by the COIlrt,
ond to b. taxod .s costs ....d 10 1>0 m..luded in thc judsmCllI thereill _d"",d. .
.S.VUl ..d 6(1fl00t.b.
[\ i. h=by =FOSSl,. stipulated ..1<1 a!l:~ that lIIis bond shall ioUn to the benefll of any IIlZd aU .
penOllS, oompOIIie. ""d carperalio"" entitled to rue d lOin,. untler Title (~ C.omn,e"cillg wit\! Section 3032), Pllrt
4, Division 3, of the Civil Cocle, $0 .s 10 gi"" . tight of ..tion 10 them or theIr ....igns in 1lI1Y suit brought upon
this bend.
IDe CCIIdition of this obligation is ...:11 that if the abvl.-bcnmd Principal, his or its heirs, ex=.1cr!l,.
cdmillistratl;lQ, ....eesson or assigns, s!lOn in alll:hUrgs .umd lD ""d abide by, lIJ1d well O1.d ttuly ketop and
penoma. the tennst c.oV'enmts, 00ll<UtJOI1!, and provision) of said Pe:rmlt ~l\d the subseqlJCUt Agreement, which. is
inCOIpOrlIl"d hen:in ana any .It.ration tllereof mado os lberein provided, Oil his or dUlU'.jllI<t, 10 b. Jeepl and
perfonned at the lima end in lh. D1 "'met' th...,;o opocified, as to insrallctioll "'Id complelion of scid. plIbl,c
Iml'roveD~eJ1ts both prior to .&Ind subscquelu to City approval of the AgreeJ,-ne:nt and ill .all respects iJccorcUflg to
4-21
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Oakwood Dev=lopment
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l;beir true intent ,nd m....une. .and shall indemnify and saV..llaZlIllcss Qty, its ~11"lI'l<l""S, 'gents IlI1d employeltS, as
tI=ein stipnla"'d. tbon dUo obJi&'ticm shall bc=. nulllll1d VQid; otl>aWioe, ~ shall b.. and remain. in fllll fc=
and effect. .
Tho Santy bcroby stipgllllllll and agIOes thill 00 0&""8', OXIel1$ion of fun,", alk:nltiOll err &dditio" Itl tlm
1"OI1l1$. of Ill.. l'"""il or the Aereemenl Qr to. the worl< tc be Jlerform<!d dter=der or Ib.. .pecffication.
accompanying Ib.. Sllll>oC shall in ..1)'Wise off"", its obligations Oll tbis bond, ""cl it do... bcr:by.waive noli"" of
any such =..,&e, OlClonsioll of lime, ab.ation or oddi!",n to th.. tmllS of Iho Pe....il or the Ap-ecm.l!:Ill or to the>
work or to the spocificalians .
.As pori of lit.. obJ;,alion s=un:d he",bl' md in adclitiOll to the race amount ""ocilied th..refbt, lhere .hall
be in=,ded. cosa lIRd r=sona1>le ""PlOD'''' and r...., and including reasonabl.. attcrJIlOy's r....., ille~ by City
in JUecessfllll;y enfion;n'g o1JCh obliglltion;aU Ie be taxed IS coots and iAeludcd in llnJ'iudsm=>1 RIldcrcd.
In .dditiQll to U,e sets bonded fer pullUm' to tbe Permir ineOJ'flOl"llcd above ..,d In 'OlJllS, c:onditicns
and lllDvisioll! of !be Agrcllllel.l, the follcwilli: acts 4Ud pmonnm.o. .... additioun,. .abject to IDe _. of .
this bond: .
NA
IN WITNESS WHEREOF, al;. lnstrmn.,.,' h.a. been duly ""oculed by die Prilleipal mid Surely ""ow
..an.ed, an Jail""')" 11th _ 20~.
Otay Ranch Fourteen_ LLC
Nll'''. of Principlll (AppliClllu)
Arch 1nsl.lrance CCUlpany
Name of Surety Com pony
~
By
Jane Xepner, AttozJoey'in'P'ad
135. North Los Robles Avenue, Suite 825
Addnl.. of" Surety CompllD)I
Pasadena, CA 91101
City Stm: Zip Cod.
By
Bood/PoJicy No.
AIlO~-SlGNATORlES MOST BE NOTARIZED
APPROVED AS TO FORM:
Cily Anomcy
J:\t::.J1ainuU..ANDDEV\FO'I'J,ID ..omcia).Bands\Soud Mslc.nelA r.lbor Prlorto SIA,dt)c:;
TOTAL p, El4
4-22
I!""'" ., ~ I''''''''. T
.~ Y~~?rd{'~ !'
i' ,. ,j "-4' ~ ~
.ii1 ......r.. ::/. ..."-,",
" ell
-executed ill uiplicate
BOND FOR FAITHFUL PERFORMANCE
(To Be Used With Construction Permit)
File No OK 906 C-
Bond No.: SU5023882
PremiUJ!" $198".00
WHEREAS, the City of Chula Vista, County of San Diego, State of California, has issued to
Otav Proiect 1.. P. (hereinafter "Principal")
Construction Permit No. 0 t<. -0 06 c. (hereinafter referred to "< "P.mrif) for the public imurovement
work as se!forth in more detail on City ofChula Vista Drawing Nos. O'Z039-o/through 02.f:.'5C}-j y
regarding construction of certain public improvements for the project known as
Otav Ronch Villa~e 6 East Traffic Signal @ East Palomar & View Park . whi ch
Permit is hereby referred to and made a port hereof; md,
WHEREAS, said Principal is required under the terms of said Permit to furnish a bond for fai1hfu1
performlllJce of said public improvement work.
NOW THEREFORE, we, the Principal and Arch Ins1lr<W.ce COlllPallV
. a corporation of the State of
Mi"innn . (hereinafter "Surety''), are held and finnly bound unto the City of Chula Vista, a
municipal corporation (hereinafter "City'') in the County of San Diego, State of California, and to and forfue benefit of
any 8l1d all persons who may suffer dan1ages by breach of the conditions hereof in 1I1e penal SlID1 of
Sixty Six Thousand 011e Hmldl'ed Twenty Five dollars, ($66,125.00 ~,Iawful 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, finnly by these presents.
The condition of this obligation is such 1I1at if the above-bolIDd Principal, his or its heirs, executors,
adminislrators,successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the
terms of srod Permit and any alteration thereof made as therein provided, on his or their part, to be kept and
performed at the time and in 1I1e ".'.,'..ner therein specified, and in accordance with ordinances and standards of1he
City in force at 1he time of such construction, and in all respects according to their true intent and meaning and shall
indemnifjr and save hannless City, its officers, agents and employees, as 1I1erein stipulated, 1hen this obligation shall
become null and void; o1herwise, it shall be and remmn in full force and effect
As part of the obligation secured hereby and in addition 10 theface amolIDl 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
The Surety hereby stipulates and agrees ihat no change, extension of time, alterati on or addition tc fue terms
of smd Permit or to the work to be performed 1hereill1der o~ the specifications accompanying the same shall in
anywise affect its obligations on this bond, and it does hereby ",,"YB notice of any such change, e>.tension of time,
alteration or addition to the terms of the Permit or to 1I1e work or to the specifications,
In addition to the acts bonded for pursUlll1t to the Permit incorporated above, the following acts and
performances are additionally subjecllo ihe terms of this bond:
4-23
N/A
IN WITNESS WHEREOF, Ibis instrurnenthas been duly executed by the Principal and Surety abovenamed,
on Angn"t 90th 1 20.-0.1...-.
Otav Proiect. L.P.
Name of Principal (Applicant)
~'\.rch Insmdllce Company
N_::~~
e Kepner. AttonleY-lll-Fact
By ~/";/"; >ltt~rhpn <;1g:J1:'Ihn"1'" hlnrk
By
] 35 NOlth Los Robles Avenue, Suite 825
Address of Surety Company
SU5023882
BondIPolicy No.
Pasadena, CA 91101
City Stale
Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
City
J:\EngjneeflLANDDEV\Forms-Official\Bonds\Bond Faith Perf Constr Permit.DOC
4-24
(Attachment to Bond)
"Developer"
OTA Y PROJECT L.P.,
a California limited partnership,
By: ORIOLE MANAGEMENT, LLC,
a California limited liability company,
its General Partner,
BY:
/~ 2] -c)1
Date
.lkenny
E . ecutive Vice President
4-25
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
\
c..
,
On
ames)otSlgner(s)
~ personally known to me
B proved to me on the basis
evidence
of satisfactory
I~- :":~~=:3- ~
1_ IlcIaIV NllIc - CaIIIarOa ~
j---~~~~~
to be the person(jj whose nam~) G~
subscribed to tne wit' instrument and
acknowledged to me . e ~/th'[1 executed
the same in isl r/tt1ei? ~thOrize~
capacitYii~ an tHat 6y &p6'r/thjillr
signatun![;r~n the instrument the perso~), or
the enti~ upon behalf of which the person(s)
acted, exe instrument.
.'
OPTIONAL
Though the information balow 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.
I
"
I
Description of Attached Document
litle or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
.
Top 01 thumb here
o Indlviduai
o Corporate Officer -litie(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
It: ~
C 1999 Na~onal Notary Associatlon . 9350 De SotoAve., P,O. Box 2402 . Chatllworth, CA 91313-2402' www.nallonahwtary.crg
Prod. 1>10.5907
Aeordllr:CalIToll-Free 1-6Q0.876-6821
4-26
State of California
County of Orange
ACKNOWLEDGEMENT
On
AUG 2 0 2007,
before me, J. Barragan, Notary Public
(here insert name and title of the officer)
personally appeared
Jane Kepner
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 acknowledge to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.~ - - - - - -J.-v,;RA7;A~ - - r
. '@ Commission # 1635125 r
WITNESS my hand and O~ffiC . -, Notary PUblIc. California ~
Orange County
Signature My Comm. expires Jan 5. 201
~
(Seal)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDiVIDUAL
o CORPORATE OFFiCER
o PARTNER(S)
o
o
o
o
T1TLE(S)
o LIMITED
o GENERAL
TITLE OR TYPE OF DOCUMENT
ATTORNEY-iN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(JES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GE 1/06
EXH~B'T
"
1:)
"
executed ill uiplicate
File No.: D /l... 906 C
Bond No.: SU5023882
Prenilum: itldm]ell in pTenUtDll chaIg~
fOT .PedOllllallCe Bond
BOND FOR MA TERIAL AND LABOR
([0 Be Used With Construction Permit)
WHEREAS, the City of Chula Vista, County of San Diego, State of California, has issued to
Olav Proieet, L.P. (hereinafter "Principal")
Construction Permit No. D /2.. C) 0 6 C (hereinafter referred to as "Permit") for the nllbJic
improvement work as set forth in more delail on City of Chula Vista Drawing Nos, .oz.o3e>.-o I
through 02..0~'1-1't . regarding construction of certain Dublic improvements for the pr~j~ct known
as Olav Ranch Vill.~e 6 East Traffic Signal @ Easl Palomou' & View Park ,
which Pennit is hereby referred to and made a parr hereof; and,
WHEREAS, under the lerms of said Perrni~ Principal is required, before enlering upon the
performance of the work, to file a good and sufficient payment bond ",ith the City of Chula Vista to
secure the claims to which reference is made in Title 15 (conm1encing 'With Section 3082), Part 4,
Division 3, of the Civil Code of the State ofCalifomia.
NOW THEREFORE, said Principal and Arch blSlu-ance COlllPOUW
. a corporation of the State of
Missolm . (hereinafter "Surety"), are held and firmly bound unto the City of
Chula Vista, a municipal cOlJloration (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 Sixty Si.'I: Thousand One H1Uldred Twenty Five dollars, ($ 66,125,00 ), lawful money
of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act ,,,ith 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 laxed as costs and 10 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, comparies ard cOlJlorations entitled to file claims under Title 15 (commencing with
Section 3082), Parr 4, Division 3, of the Civil Code, so as 10 give a right of action to them or their
assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and
void, othemise, it shall be ard 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 said Permit or to the work to be performed thereunder or the specifications
accompanying the same shall in anY'l'ise affect its 0 bligatioDs on this bond, and it does hereby waive
4-28
N/A
IN WITNESS WHEREOF, this mslrutnent has been duly executed by the Principal and Surely above named,
on AIlg:ll<:t Q()th . 20~.
Otay Proiect. L.P.
Name of Principal (Applicant)
A..rch Insurance Company
Name of Surety Company
By' (/~ ~~-/~
#'
J~e Kepnel", .-"\.ttol'ney-iu-Fact
By <:l"':l"': ~tbc:hf"n <;lVl~tTlI"l": hlorlc
By
135 North Los Robles Avenue. Su.ite 825
Address of Surety Company
SU5023882
BondIPolicy No.
Pasadena, CA 91101
City Slale
Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM
City Attorney
J:I.Engineer\LANDDEV\Foons_Official\Bonds\Bolld Faith Perf Constr Permit.DOC
4-29
(Attachment to Bond)
"Developer"
OT A Y PROJECT L.P.,
a California limited partnership,
By: ORIOLE MANAGEMENT, LLC,
a California limited liability company,
its General Partner,
BY: ~~7
Executive Vice President
r-21-()7
Date
4-30
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
"',~~
'"
I.'
State of California
County OfS().~,., \):1 I~
On ,Ii ,;: i)T ,I': .:J::l/)before me,
fflt, Dma~ !. '
, \'
personally 'appeared !
ss,
Name(s) fSlgner(s)
N!(,ersonally known to me
iJ 'proved to me on the basis of satisfactory
evidence
to be the person(~ whose nam.{s"}@a/
subscribed to t~~', ith' "inst";ll'ent and
acknowiedged to me e' e/tzey executed
the same in . j '. r/t ~r &_uthoriz8;:f
capacitY~i . and at by@ferith6ir
signatur on t' ment the person~. or
the enti up n behalf of 'ch the person~
acted, ej'uted the instrume .
WITNr~S my ha n off' al se
"
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J NcIQy N:fIc - CciIIIoIna ~
$en DIIIgo CCU1Iv -
, _ _ _ ~~_~_~1:~
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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 remova(and reattachment of this form to another document.
[,
Description of Attached Document
Clie or Type of Document
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
I'
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 a/thumb here
1
I,
Signer Is Representing:
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Cl19S9 National Notary Associalkln' 9350 D.. Solo Av..., P.O. Box 2402' Chatswcrth, CA91313-2402' www.nationaJnotaIy.crg
Prod. Nc. 5907
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Reorder: Call TclJ.Ffge 1-800-876-6627
4-31
State of California
County of Orange
ACKNOWLEDGEMENT
On
;,UG 2 0 Z007.
before me, J. Barragan, Notary Public
(here insert name and title of the officer)
personally appeared
Jane Kepner
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 acknowledge to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.J - - - - - - - - - - - - r
WITNESS my hand and OffiC~ial . - @ com~Isss:.~~~5125 r
~ -e Notory Public. Colllomla ~
J Orcnge County .,
Signature __ J _ _ _ ~:~.:..Ex~lr~J~n5.:.2~'1
(Seal)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
8 LIMITED
GENERAL
o PARTNER(S)
~
o
o
o
ATTORNEY-iN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(lES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
4.."l?
S-4067/GE 1/06
POWER OF AlTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Rhonda C. Abel, Jeri Apodaca, Jane Kepner, Nanette Myers. Mike Parizino, James A. Schaller. Rachelle Rheault, and Linda
Enright of Irvine, CA (EACH)
lis true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as Its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note. check, draft or leiter of credit
This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth' herein.
The Company may revoke this appointment at any time.
The execution of such bonds and u~dertaklngs in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the s;jme had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas citr"Mj~ii:@_~.,;. ":,, ;;,:",.. ':' ,
;'~~i;:'" r '!q~ -=,,*l~!..::J~:~ :,:;:'}:...:.::.,~;~I":"J'~'
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effeel:
'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and flied with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company; and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company. and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed. sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOMLOO 13 00 03 03
Page 1 of 2
Printed in U.S.A.
4-33
In Testimony Whereof, the Company has-caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 31st day of Julv ,20.07
Arch Insurance Company
Attested and Certified
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
I Peter J. Calleo, a Notary Public, do hereby certify that Edward M, Tilus and Martin J. Nilsen personally knewn to me to
be the same persons whose names are respectively as Vice President and Secretary of Ihe Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sea/ed with the corporate seal and delivered the said instrument as the free voluntary act said corporation and as
their own free and voluntary acts fer the uses and purposes therein set fortih.
PETER J. CALLEO, ESQ.
Notary Public. Stall of New Yo'"
No. 02CA61011338
O",llfled In New Yorl< CoUllty Pe r J.
Commission Expires May 3, 2008 My commiss
CERTIFiCATION
I, Martin J, Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Pewer of Attorney dated
on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect
since the date thereof and is in full force and effect on the dale of this certificate; and I do further certify that the said
Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached
Power of Attorney the duly elected Vice President of the Arch Insurance Company.
This Power of Attorney limits the acts of those named therein 10 the bonds and undertakings specifiCally named therein
and they have no authority to bind the Company except in the manner and to the eXlent herein stated. -
PLEASE SEND ALL CLAiM iNQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractons & Developers Group
135 N. Robles Ave., Ste. 825
Pasadena, CA 91101
OOML0013 00 03 03
Page 2 of2
4-34
Printed in U.S.A.
CAUFORNIA ALL.PURPOSE ACKNOWLEDGMENT
';f'~~&"'~~~^~..5:"~..F.<:"~'&.;C(.'~~...6(.'R!<'~...et."..cr~~~.?<-'.e<-~..e<:'.ec-.&-~..P.C~~~..ec~~~1
@ ~
~ @
~ Stale of California } ", ~
~ CJ 00 ~
~ County of (~~q ~
~ 1_,:\ Pcd 11/1 ~
:.;<J....,:.. on~~r .2J::jj7 before me, a-L 17Dich::,+t>i(1, iY"{\~rJo<!::tl;' Bi,'.';
<;;; Dall N;lII'\Q Mlll'Tl1lll ciOlllcl)riQ.g~ "Jat\eOoG,1l11lary Public") ~
~ personally appeared (l ;;:,,\'h<l'ri:('<l' ~. Vi ~ i C ~16 ,~
~ ~ci_~ ~
~ ilt1fersonally known to me @
@ 0 proved to me on the basis of satisfactory @
I -~ I
~. :.' to be the person(... whosa nam~ is/..... '..~,:.:
~i .-. - - - - .-. - ..... - - - -- f subscribed to the within instrument and ;~
~ l NICOLE l. RElCHstaN r acknowiedged to me that ~she/~ execuled ~
~ 1@ Commlsolon # 1621451 i the same in l>lGIher/_ authorized @
'~,~.'.:' ~t' NoIaryora~C':~~~d- c~paCtity(;::), thend that tbtYh -l;ieIhe~~ ~~.,',
' ....- ---, signa ure,..,-on e Instrumen e parson,.." or ,
.rj _ _ _ _My~_~_~l~ the entity upon behalf of Which the person~ 2:lJ
~ - - - acted, executed the instrument. ~
~ WITNESS my ~and and official saal. ~
~ A--" ~ a.JAA- ~
~ Sl~R1oINola",l't.ib... ~3
~ ~
~ ~
@ OPTIONAL !i5
't.i Though the information below is nor required by law, it may prove valuable /0 pefSons relying on the document and could prevent ~
~ lraudulenl removal and reallachmen/ of this form to another document. ~
~ Description of Attached Document 2
~ ~
~ TItie or Type of Document: ~
~ Document Date: Number of Pages: ~
@ Slgner(s) Other Than Namad Above: ~
~ Capacity(ies) Claimed by Signer ;~
~ @
~ Signer's Name: ~
~ ~
~ 0 IndiVIdual ~
~ 0 Corporale Officer - litJe(s): ~
~ [J Partner - 0 Limited 0' General ~
~ CJ Attorney-in-Fact ~
:g [J Trustee @
~ 6 ~~:~ian or Conservator ~
~ Signer is Representing: ~
~~~~9,.'~;;"";'''<:;''''_~~;''<;<'<;;9;"~1;~,,,,;,,;<..,,",,:,,<..='<R~"""~~-~~~~.g;~"",="",_,,jl
<:l19~9 N.1l!ClI'liJI NClary A~~DCi;l.lion' 9350 Oll SIlIO ,'ve.. P.O. B"" 2~' ChntswlIntl. CA 91313-2.102' r,-.7W.rrnticnllJl>ll1ary,c'!l Pred. No. S!lC7 Rtlll.dllr: Call Tal~Fl'llo l.eOO.&;;;.GW
4-35
executed in triplicate
EXHiarr
-'
II E .,
I I FU,No., o(,)Di>,f
SURVEY MONUMENT INSTALLATION BOND Bond No.: :,(J502,.93+
Premium: $ 1 00.00
LET IT BE KNOWN BY THESE PRESENTS, that Ota'l Ranch Fourteen LLC
as the subdivider (hereinafter
"Principal"), and Arch Insurance r ompan,!;!
a corporation of the State of
Missouri (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 damage by reason of the
breach of the conditions hereof, in the penal sum of
_F our Thousand and 00/1 ooths dollars ($+.000_00 ) lawful
money of the United States, to be paid to City.
WHEREAS, Principal is presently e\!j1aged in subdividirli certain lands to
Chula vista T raet No. 05-1 6 OtaS J\.anch Village 6 IVlar9uis Unit 1
_ subdivision in the City of Chula Vista; and,
be knO\Yn as
WHEREAS, Principal and City have entered into a Subdivision Improvement Agreement
approved by City Council Resolution No. (hereinafter referred to as
"Agreement") whereby Principal agrees to install durable survey monuments for said subdivision,
which said Agreement, dated ' 20_, and identified as project
Ot"s r>>n<eh \/ill;;,,"," f, r-,A;;r9"j~ LI nit 1
~ .
. IS hereby referred to and made a part hereof; and,
WHEREAS, Principal desires to not install durable survey monuments prior to the recordation
of the final map of the subdivision and desires to install same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if Principal shall have
installed durable monuments of the survey by J:junsaker 5- Associates
(Nllmc afLiccns(ld Civil Engineer or Land SlJ.I'VCyor)
in accordance with the final map of said subdivision, a copy of which said map is hereby made and
same is incorporated herein as though set forth in full, and according to the ordinances of the City of
Chula Vista in full force and effect at the time of the giving of this bond, on or before the expiration of
thirty (30) consecutive days following completion and acceptance of public improvements within said
subdivision as specified in said Agreement, then the obligation shall be void, otherwise to be and
rermin 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 e:qlenses and fees, and including reasonable attorney's
fees, incurred by City in successfully enforcing such obligation, all to be ta,<ed as costs and included in
any judgment rendered.
4-36
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
above named, on AU!1;ust 29th , 20~.
=-:-;:i.-:'};,;':':=__m:~~';:':-;':":';':-;;';':vW..;.o;.;.:~,~.,.~;,.w:{':,:.:.:;',:,:<<=;,;*,;':';'~='>>=l*r<<__;m;,=~:;:,;':'X';*:m";':';';';';;:':-;~v:>>m:~:.;.y,:;.::.>>:.y.Z~:":.;)-:.}~;-m:.:~_:.:vWM,."V':,:?:>>>:{.:.;.:.m:w;;,,%w:~:':=-::1':;:':':':-:*:;<<'>>>>I;.}:;.:<<,=
0+"'3 F>n~h F"rrrt"...n LLC
Name of nncipal (Applicant)
.A..-h Jn~lIr;;;,n("'.... C(")mr~n3
Name of Surety Company
By ;;:;!~ h~
Jane Kepner, Attome!;l-in-F act
~ 05 Robles Avenue, ,Suite 825
Address of Surety Company
B
I.S~ "k":o
By
SU502797+
Bond/Policy No.
f asadena
City
rA
State
91101
Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
''';;-:':~~;;-'::;':;-:<~':':H::~,;,>:-:.;;:::,:,,,,~;~:.~>><,~,,:~::;,;%:::,:::;<:1<>;AA<:m.I.<<,w::_':w,~<;::::~~,:m<:;Xl>;:::.$~~,;;:;:m:.,,:;;\<<<,;;';~<<X".<:"'<":'.::::'~":"':::<<;:';'::~"::,,:.,::::::,:,,:.x:::->::..:::,:"'<;m:::;;',:,~-::::::::,:x:w~~:,:",:::m:::;;,;,9-'~~~':::'::'l:::;:',<:.:::,:,;::::::::-<..:;;;,
APPROVED AS TO FORJVI:
City Attorney
J:\ Engineer, LANDDEV\Forms -Offici.a[l.El)nds\Bond Monuments.doc
4-37
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Com~ny, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the 'Company") does hereby appoint
Rhonda C. Abel, Jeri Apodaca, Jane Kepner, Nanette Myers, Mike Parizino, James A. Schaller, Rachelle Rheault and Linda
Enright of Irvine, CA (EACH)
its true and lawful Allomey(s)-in-Fact to make, execute, seal, and deliver from the date of issuance of this power for and
on Its behalf as surety. and as its ael and deed:
Any and all bonds and underiakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or coneelion of any promissory note, check, draft or letter of credit
This authortty does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authortty as set forth. herein.
The Company may revoke this appointment at any time.
The execution of such bonds and u!1dertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the 5;!me had been duly executed and acknowledged by its
regulartyeleeled officers at its prtncipal office in Kansas C"r~,M~;..;. :., ~,:..., .,:; _
~::~r-.. f '!~~ ....~t~UJ!3 ....~_":.:~.;..:~!'1..J,,...
This Power of Attorney is executed by authortty of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003. true and accurate- copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect
'VOTED. That the Chairman of the Board, the President, or any VICe President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obngatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power _ of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by. the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated In wrttlng and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so exacuted, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOML0013 00 0303
Page 1 of 2
4-38
Printed In U.S.A.
In Testimony Whereof. the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 31st .dayof Julv . 20.07
Attested and Certified
Arch Insurance Company
~,~
Marlin J. Nllse
C~
STATEOFNEWYORK SS
COUNTY OF NEW YORK SS
I Peter J. Calleo, a Notary Pubfic, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a
Corporation organized and existing under the laws of the Stale of Missouri, subscribed to the foregoing instrument,
appeared before me this day In person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free voluntary act said corporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
PETER d. CALLEo, ESQ.
NClaIy PullIlc, State of New York
No. 02CA6109336
Q">llfled In New York County
Commission Expires May 3, 2008
CERTIFICATION
I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated
on behalf of the person( s) as listed above is a true and correct copy and that the same has been in full force and effect
since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said
Edward M. Titus, who executed the Power of Attorney as Vice President. was on the date of execution of the attached
Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY \f\iHEREOF', J have he.reunto subscribed my name and ~J: corpo
Company on this day of AUG 2 0 ZOOT 20_. / ~~
Martin J. Nils
I of the Arch Insurance
This Power of Attorney limits the acts of those named therein to the bonds and undertakings speclfically named therein
and they have no authority to bind the Company except in the manner and to the extent herein staled.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractors & Developers Group
135 N. Robles Ave., Ste. 825
Pasadena, CA 91101
OOML0013 00 03 03
Page 2 of2
4-39
Printed in U.S.A.
ACKNOWLEDGEMENT
State of California
County of Orange
On
AUG 2 9 2007
before me, 1. Barragan, Notary Public
(here insert name and title of the officer)
personally appeared
Jane Kepner
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 acknowledge to me that he/she/they executed the same
in his/her/their authorized capacity(ies}, and that by his/her/their signature(s} on the instrument the person(s), Dr
the entity upon behaif of which the person(s} acted, executed the instrumenll~- - - - - " J.~a,;RA~;; - ~ f
WITNESS my hand and Offi~Cial s 1 ,_. . Commls3lon # 1635125 r
! . -e Nolory Public - Collfomlo ~
J . Orange County [
Signature _____ J _ ~~ _ ~;O~:Ex~]te~J~n5,:20.2Ql
(Seal)
OPTIONAL
Though the data beiow is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
B LIMITED
GENERAL
o PARTNER(S}
~
o
o
o
ATTORNEY-iN-FACT
TRUSTEE(S}
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITf(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
$-4067/GE 1/06
4-40
FRP
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 CITY COUNCIL
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Ann Moore
City Attorney
Dated:~?T t",,) 1.C',o!
Supplemental Subdivision Improvement Agreement
Between the City of Chula Vista
and
Otay Ranch Fourteen, LLC,
for Otay Ranch Village Six Marquis Unit 1
OR-908F
4-41
EXH\B\T if
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
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RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
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.
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Developer
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Above Space for Recorder's Use
OR-908F
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE OTA Y RANCH VILLAGE SIX MARQUIS UNIT 1
(Resolution No. 2005-347 (Amended Tentative Subdivision Map): 2,
3, 13, 17, 18,22,23,24,25,26, and 30)
(Resolution No. 2002-089 (Tentative Subdivision Map): 1,2,3,4,5,
10,11,12,13,19,20,25,33,34,48,50,53,60,62,66,69,81,93,
99,104,105,106,122,123,128,134,154,155,156,157, 158, 165,
170,174,179,180,181,182, and 183)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this_day
of , 2007, by and between THE CITY OF CHULA VISTA, California ("City" or
"Grantee" for recording purposes only) and the signators of this Agreement, Otay Ranch Fourteen,
LLC., a Delaware Limited Liability Company ("Developer" or "Grantor"), with reference to the facts
set forth below, which recitals constitute a part of this Agreement:
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RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part of Otay Ranch Village 6, a master planned development. For purposes of this
Agreement the term "project" shall also mean "Property". Developer has applied for a fmal map for
the Property, more specifically known as Otay Ranch, Village Six, Marquis Unit I.
B. Otay Project L.P. conveyed title to Otay Ranch Fourteen, LLC., on May 16, 2006.
C. Developer and/or Developer's predecessor in interest has applied for and the City has
approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 02-05 ("Tentative
Subdivision Map") for the subdivision of the Property.
D. The City has adopted Resolution No. 2002-089 ("Resolution") on March 26, 2002, pursuant
to which it has approved a Tentative Subdivision Map subject to certain conditions as more
particularly described in the Resolution.
E. The City has adopted Resolution No. 2005-347 ("Resolution") on October 11, 2005, pursuant
to which it has approved an Amendment to the Tentative Subdivision Map subject to certain
conditions as more particularly described in Resolution.
F. City is willing, on the premises, security, terms and conditions herein contained to approve
the fmal map of the property known as Otay Ranch, Village Six Marquis Unit 1, as being in
substantial conformance with the Tentative Subdivision Map described in this Agreement.
Developer understands that subsequent fmal maps may be subject to the same security, terms and
conditions contained herein.
G. "Notice of Decision" means the Design Review Committee fmdings and conditions for case
number DRC-06-64.
H. The City has adopted an agreement for monitoring of building permits, Resolution No. 2003-
067 on April 15, 2003 ("Monitoring Agreement"), pursuant to which the number of building permits
within the Tentative Subdivision Map is limited to construction ofSR125.
1. The following defmed terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
1. For the purposes of this Agreement, "Final Map" means the final map for
aT A Y RANCH VILLAGE SIX MARQUIS UNIT 1.
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2. "Owner or Developer" means the person, persons or entity having a legal or an
equitable interest in the property or parts thereof and includes Owner's successors-in-interest and
assignors of any property within the boundaries of the map. This includes Otay Ranch VILLAGE 6
MARQUIS UNIT 1, L.L.C., a Delaware Limited Liability Company, and any and all owners ofreal
property within the boundaries of the Property.
3. "guest builder" means those entities obtaining any interest in the Property or a
portion of the Property, after the Final Map has been recorded.
4. "PFFP" means the Otay Ranch Village Six SPA Plan Public Facilities Finance
Plan adopted by Resolution No. 2002-022 as may be amended from time to time.
5. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2,
approved by the City Council on June 4, 1996, as may be amended from time to time.
6. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with
the duties and responsibilities described therein.
7. "Village Six SPA" means the Village Six Sectional Planning Area Plan as
adopted by the City Council on January 22,2002 pursuant to Resolution No. 2002-022.
8. '''A' Map Agreement": means the SSlA for Village 6 Unit 1 'A' Map No.1
approved by Resolution No. 2002-335 and its Amended Resolution No. 2005-347.
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.
a. 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.
b. 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
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enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns any
portion of the Project to a guest builder, Developer may request to be released from Developer's
obligations under this Agreement, that are expressly assumed by the guest builder. Developer must
obtain the written consent of the City to such release. Such assignment to the guest builder 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 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.
d. Partial Release of Developer's Assignees. If Developer assigns any portion of
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 to the satisfaction of the City 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.
e. Release oflndividual Lots. Upon the occurrence of any of the following events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) from Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the sale of a residential lot to
a buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association.
The City shall not withhold its consent to such release so long as the City fmds in good faith that
such release will not jeopardize the City's assurance that the obligations set forth in this Agreement
will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall
execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or
Manager's designee), which confmns the release of such lot or parcel from the encumbrance of this
Agreement.
Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii)
conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such
lot or parcel shall be automatically released from the encumbrance hereof.
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1- RESOLUTION NO. 2005-347 (AMENDED TENTATIVE MAP)
1. Condition No. 2- (Mitigation Measures) In satisfaction of Condition No.2 of Resolution
No. 2005-347, the Developer agrees to implement, to the satisfaction of the Director of Planning and
Building and the Environmental Review Coordinator, all mitigation measures identified in the Final
Mitigated Negative Declaration (1S-04-035) and Mitigation Monitoring and Reporting Program in
accordance with the requirements, provisions and schedules contained therein. Modification of the
sequence of mitigation shall be at the discretion of the Director of Planning and Building and
Environmental Review Coordinator should changes in circumstances warrant such a revision.
2. Condition No. 3- (Parkland Obligation) In partial satisfaction of Condition No. 3 of
Resolution No. 2005-347, the Developer agrees to Irrevocable Offer to dedicate its Parkland
Obligation prior to approval of the Final B Map for Otay Ranch Village 6 Marquis Unit 2, Planning
Area MU-l toward its Community Park acreage obligations adjacent to areas previously dedicated in
future Otay Ranch Village Two.
3. Condition No. 13- (Required Fees) In satisfaction of Condition No. 13 of Resolution No.
2005-347, the Developer agrees to pay all applicable fees based on the fmal building plans
submitted, such as Sewer Connection/Capacity Fees, Traffic Signal Fees, and Development Impact
Fees.
4. Condition No. 17- (Site Distance Obstruction) In satisfaction of Condition No. 17 of
Resolution No. 2005-347, the Developer agrees that no visible obstructions (slopes, trees, shrubs,
walls, etc.) greater than 3.5 feet measured from street grade, or lower than 6 feet above street grade,
shall be placed within sight distance lines at all comers. Sight distance lines, per City ofChula Vista
Municipal Code, will be required on all plan submittals (grading, improvement, and fmal maps).
5. Condition No. 18- (Meeting ADA Standards) In satisfaction of Condition No. 18 of
Resolution No. 2005-347, the Developer agrees that all proposed sidewalks and walkways, including
those within or outside the public Right-of-way, pedestrian ramps, and disabled parking shall be
designed to meet ADA standards.
6. Condition No. 22- (Storm Water Management) In satisfaction of Condition No. 22 of
Resolution No. 2005-347, the Developer agre~s that the Development of the project shall comply
with all applicable regulations established by the United States Environmental Protection Agency
(USEPA) as set forth in the National Pollutant Discharge Elimination System (NPDES) permit
requirements for urban runoff and storm water discharge and any regulations adopted by the City of
Chula Vista pursuant to the NPDES regulations or requirements. Further, the Developer shall file a
Notice of Intent (Nor) with the State Water Resources Control Board to obtain coverage under the
NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall
implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement
of grading activities. The SWPPP shall include both construction and post-construction pollution
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prevention and control measures and shall identifY funding mechanisms for post-construction and
permanent control measures.
7. Condition No. 23- (SUSMP Requirement) In satisfaction of Condition No. 23 of
Resolution No. 2005-347, the Developer agrees that the Development of the Mixed-Use project is
subject to the requirements of Section F.1.b. (2) of the NPDES Municipal Permit concerning
Standard Urban Storm Water Mitigation Plans (SUSMP), and Numeric Sizing Criteria. The
applicant shall comply with those requirements in accordance with the City ofChula Vista SUSMP.
8. Condition No. 24- (Water Quality Report) In satisfaction of Condition No. 24 of
Resolution No. 2005-347, the Developer agrees that a water quality study is required to identify
potential storm water pollutants generated at the project site during and after construction, and
propose Best Management Practices (BMPs) to reduce those pollutants to the maximum extent
practicable. The Applicant shall be required to complete the applicable Storm Water Compliance
Forms (5500 series forms) and comply with the City of Chula Vista's Storm Water Management
Standards Requirements Manual (Standards Manual) as directed therein.
9. Condition No. 25- (BMPs Requirements) In satisfaction of Condition No. 25 of Resolution
No. 2005-347, the Developer agrees to implement BMPs to prevent pollution of storm water
conveyance systems located in the public right of way, both during and after construction.
Permanent storm water BMPs, including required site design, source control and structural treatment
measures shall be incorporated into the proj ect design, and shall be shown on an approved site
improvement plan. Required construction and non-structural BMP requirements that cannot be
shown graphically, and on-going maintenance and implementation of BMPs and source control
measures, shall be described in the project's SWPPP.
10. Condition No. 26- (General Preliminary) In satisfaction of Condition No. 26 of Resolution
No. 2005-347, the Developer agrees that himself or an approved private entity by the City, shall
operate and maintain the project site including the approved construction, post-construction and
permanent BMPs in a manner that minimizes the introduction of pollutants to the public streets and
storm drain systems to the maximum extent practicable. The applicant shall demonstrate to the
satisfaction of the City Engineer that the proj ect site will be maintained in accordance with the
SWPPP.
11. Condition No. 30 (Affordable Housing Agreement) In satisfaction of Condition No. 30 of
Resolution No. 2005-347, the Applicant agrees to execute an affordable housing agreement with the
Housing Division to determine the exact number and location of units within the residential
buildings that shall be deemed affordable housing units within the 1 58-unit condominium map prior
to the recordation of the Final B Map for Otay Ranch Village 6 Marquis Unit 2, Planning Area MU-l
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II-Resolution No. 2002-089 (Tentative Subdivision Map)
1. Condition No. 1- (General Preliminary) In satisfaction of Condition No.1 of Resolution
No. 2002-089, the Developer hereby 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 Developer as to any or all of the Property. For purposes of this document the
term "Developer" shall also mean "Applicant".
2. Condition No.2 - (General Preliminary). In satisfaction of Condition No.2 of Resolution
No. 2002-089, the Developer agrees to comply with all requirements and guidelines of the City of
Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape
Manual; Chula Vista Design Manual; Design Review Committee, Notice of Decision DRC-03-50,
Otay Ranch General Development Plan, Otay Ranch Overall Design Plan, adopted on March 14,
1995, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable
Housing Plan; Otay Ranch Overall Design Plan; Second-Tier Environmental Impact Report (EIR 98-
01); Otay Ranch Village Six Sectional Planning Area (SPA) Plan and supporting documents
including: Public Facilities Finance Plan; Parks, Recreation, Open Space and Trails Plan; SPA
Affordable Housing Plan; and the Non-Renewable Energy Conservation Plan as amended from time
to time, unless specifically modified by the appropriate department head, with the approval of the
City Manager. These plans may be subject to minor modifications by the appropriate department
head, with the approval of the City Manager, however, any material modifications shall be subject to
approval by the City Council.
3. Condition No.3 - (General Preliminary). In satisfaction of Condition No. 3 of Resolution
No. 2002-089, the Developer hereby agrees that if any of the terms, covenants or conditions
contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained
over time, if any of such conditions fail to be so implemented and maintained according to their
terms, the City shall have the right to revoke or modify all approvals herein granted including
issuance of building permits, deny, or further condition the subsequent approvals that are derived
from the approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. The Developer agrees to be notified 10 days in
advance prior to any of the above actions being taken by the City and shall be given the opportunity
to remedy any deficiencies identified by the City.
4. Condition No.4 - (General Preliminary). In satisfaction of Condition No. 4 of Resolution
No. 2002-089, the Developer agrees to indemnify, protect, defend and hold the City harmless from
and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges
to the Environmental Impact Report and subsequent environmental review for the Project and any or
all entitlements and approvals issued by the City in connection with the Project.
5. Condition No.5 (General Preliminary). In satisfaction of Condition No.5 of Resolution
No. 2002-089, The Developer agrees to comply with all applicable Village Six SPA conditions of
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approval, (PCM 99-15) as may be amended from time to time.
6. Condition No. 10 - (General Preliminary). In satisfaction of condition No. 10 of
Resolution No. 2002-089, the Developer agrees to comply with the terms of the Conveyance
Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City
Council on October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of
Planning and Building.
7. Condition No. 11 - (General Preliminary). In satisfaction of condition No. 11 of the
Resolution, the Developer agrees that should any of these conditions conflict with the Olympic
Parkway Financing and Construction Agreement approved by Council Resolution 19410, the
Olympic Parkway Financing and Construction Agreement shall control
8. Condition No. 12 - (Environmental). In satisfaction of condition No. 12 of Resolution No.
2002-089, the Master Developer agrees to implement, to the satisfaction of the Director of Planning
and Building, all environmental impact mitigation measures identified in Final EIR 98-01
(SCH#2001041033), the candidate CEQA Findings and Mitigation Monitoring and Reporting
Program (Final EIR 98-01), and subsequent Addendum thereto, dated March 7,2002.
9. Condition No. 13 - (Environmental). In satisfaction of condition No. 13 of Resolution No.
2002-089, the Developer agrees to comply with all applicable requirements of the California
Department ofFish and Game, the California State Water Resources Quality Control Board, the U.S.
Fish and Wildlife Service and the U.S. Army Corps of Engineers. Prior to any activity that may
potentially impact biological resources, such as clearing and grubbing, the applicant shall comply
with all applicable requirements prescribed in the Otay Ranch Village Six Second-Tier
Environmental Impact Report (EIR 98-0l)(SCH#200l04l033), and Mitigation Monitoring and
Reporting Program.
10. Conditions No. 19 and 20 - (Environmental). In satisfaction of condition No. 19 and No.
20 of Resolution No. 2002-089, the Developer agrees to convey fee title, or upon the consent of the
Preserve OwnerlManager (POM) and any lien holder, an easement restricting use of the land to those
permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the request of the
POM for an amount of land equal to the final map's obligation to convey land to the Preserve.
Where an easement is conveyed, the Applicant agrees to provide subordination of any prior lien
holders in order to ensure that the POM has a first priority interest in such land. Where consent and
subordination cannot be obtained, the Applicant shall convey fee title. Where fee title or an
easement is conveyed, access to the satisfaction of the POM shall also be conveyed. Where an
easement is granted, each tentative map is subj ect to a condition that fee title shall be granted upon
demand by the POM. The Applicant further agrees to maintain and manage the offered conveyance
property consistent with the Phase 1 and 2 RMP guidelines until such time when the POM has
accepted the conveyance property.
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11. Condition No. 25 - (Good Faith Coordination). In satisfaction of condition No. 25 of
Resolution No. 2002-089, the Developer agrees to make a good-faith effort to coordinate
development and implementation of the Village Six SPA Plan Area with all other developers within
Village Six including phasing, grading, improvements and dedication ofright-of-way.
12. Condition No. 33 - (Residential Parkways). In satisfaction of condition No. 33 of
Resolution No. 2002-089, the Developer agrees that residential street parkways shall be no less than
7.5 feet in width for the planting area, except as approved by the City Engineer. The Developer shall
plant trees within said parkways which have been selected from the list of appropriate tree species
described in the Village Six Design Plan, Village Six SPA Plan and Landscape Master Plan and shall
be approved by the Directors of Planning and Building, Building & Park Construction and Public
Works. The Developer shall provide root barriers and deep watering irrigation systems for the trees,
as approved by the Director Building and Park Construction and the Director of General Services
Department.
13. Condition No. 34- (street trees). In satisfaction of condition No. 34 of Resolution No.
2002-089, the Developer agrees to install all street trees in accordance with Section 18.28.10 of the
Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved
by the Director of Planning and Building. Street trees, which have been selected from the revised list
of appropriate tree species described in the Village Six Village Design Plan, Village Six SPA Plan
and Landscape Master Plan, shall be approved by the Director of Planning and Building and Director
of Public Works. Prior to the installation of any dry utilities, including but not limited to cable,
telephone, gas or electric lines, Developer agrees to complete preliminary street improvement plans
that show the location of all future street trees, which will be subject to the review and approval of
the Director Building & Park Construction and the Director of Planning & Building. Prior to any
utility installation, wood stakes shall be placed by the Developer on site according to approved
preliminary street tree plans and shall be painted a bright color and labeled as future street tree
location.
Applicant further agrees to provide City documentation, acceptable by the Director Building & Park
Construction and the Director of Planning and Building, that all utility companies have been given
notice that no dry utility line shall be located within five feet of the wood stake in any direction.
Applicant will maintain street tree identification stakes in location as shown on approved preliminary
plans until all dry utilities are in place. A street tree improvement plan, including mailbox locations,
shall be submitted for review and subject to the approval of the Director of Planning and Building
and the City Engineer prior to or concurrent with the second submittal of street improvement plans
within the subdivision. Approval of the street tree improvement plans shall constitute final approval
of the selection of street trees for the street parkways. (Engineering, Planning, Building and Park
14. Condition No. 48 - (public Facilities). In partial satisfaction of condition No. 48 of
Resolution No. 2002-089, the Developer agrees to finance, secure and construct in accordance with
Section 18.16.220 of the Municipal Code, his share of the required street improvements for Otay
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Lakes Road from East "H" Street to Telegraph Canyon Road.
15. Condition No. 50 - (PFDIF Public Facilities). In partial satisfaction of condition No. 50 of
Resolution No. 2002-089, the Developer agrees to participate in the funding ofrevisions of the
Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as
directed and requested by the City Manager or his designee and subject to the approval of the City
Council. The Applicant will receive appropriate credit for such participation.
18. Condition No. 53 - (Fire Dept. Codes). In satisfaction of condition No. 53 of Resolution
No. 2002-089, the Developer agrees to comply with the Fire Department's codes and policies for
Fire Prevention, as may be amended from time to time. The Developer agrees to provide the
following items either prior to the issuance of building permit( s) for the Project, or prior to delivery
of combustible materials on any construction site on the Project, whichever occurs earlier:
a. Water supply consisting of fire hydrants as approved and indicated by the
Fire Department during plan check to the satisfaction of the Fire Department.
Any temporary water supply source is subj ect to prior approval by the Fire
Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt
surface or concrete surface, with a minimum standard width of 20 feet.
c. Street signs installed to the satisfaction of the Department of Public Works
Operations. Temporary street signs shall be subject to the approval of the
Department of Public Works Operation and Fire Department. Locations and
identification of temporary street signs shall be subject to review and approval
by the Department of Public Works Operation and Fire Department.
19. Condition No. 60 - (Transit Facilities). In partial satisfaction of condition No.60 of
Resolution No. 2002-089, the Developer agrees to not protest the formation of any future regional
benefit assessment district to fmance the MTDB San Diego Trolley LRT System.
20. Condition No. 62 - (ADA). In satisfaction of condition No. 62 of Resolution No. 2002-089,
the Developer agrees to construct sidewalks and construct pedestrian ramps on all walkways to meet
"American with Disabilities Act" standards and 2001 California Building Code, Chapter'll-A,
Housing Accessibility as approved by the Director ofP1anning and Building Department. In the event
the Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the
standards and approvals contained herein, all such approvals conflicting with those standards shall be
updated to reflect those standards. Unless otherwise required by federal1aw, City ADA standards may
be considered vested, as determined by Federal regulations, only after construction has commenced.
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21. Condition No. 66 - (private Facilities). In satisfaction of condition No. 66 of Resolution No.
2002-089, the Developer agrees to not install privately owned water, reclaimed water, or other utilities
crossing any public street. The installation of sleeves for future construction of privately owned
facilities may be allowed subject to the review and approval of the City Engineer if the following is
accomplished:
a. The developer enters into an agreement with the City where the developer
agrees to the following:
1. Apply for an encroachment permit for installation of the private
facilities within the public right-of-way; and,
ii. Maintain membership in an advance notice such as the USA Dig Alert
Service; and,
iii. Mark out any private facilities owned by the developer whenever work
is performed in the area; and,
IV. The terms of this agreement shall be binding upon the successors and
assigns of the developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets.
22. Condition No. 69 (Street Names). In satisfaction of condition No. 69 of Resolution No. 2002-
089, Developer agrees to install permanent street name signs prior to the issuance of the first building
permit for production homes for the Project.
23. Condition No. 81- (NPDES). In satisfaction of condition No. 81 of Resolution No. 2002-089,
the Developer agrees to the following:
a. That development of the subdivision shall comply with all applicable
regulations established by the United States Environmental Protection Agency
(USEPA) as set forth in the National Pollutant Discharge Elimination System
(NPDES) permit requirements for urban runoff and storm water discharge and
any regulations adopted by the City of Chula Vista pursuant to the NPDES
regulations or requirements;
b. To file a Notice of Intent with the State Water Resources Control Board to
obtain coverage under the N.P.D.E.S. General Permit for Storm Water
Discharges Associated with Construction Activity and shall implement a Storm
Water Pollution Prevention Plan (SWPPP) concurrent with the commencement
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of grading activities;
c. That the SWPPP shall include both construction and post construction
pollution prevention and pollution control measures and shall identifY funding
mechanisms for post construction control measures;
d. To comply with all the provisions of the NPDES and the Clean Water Program
during and after all phases of the development process, including but not
limited to: mass grading, rough grading, construction of street and landscaping
improvements, and construction of dwelling units;
e. To design the Project's storm drains and other drainage facilities to include
Best Management Practices to minimize non-point source pollution,
satisfactory to the City Engineer;
f. That the San Diego Regional Water Quality Control Board has issued a new
Municipal Storm Water Permit (Order No. 2001-01) and that the permit
includes regulations such as implementation of Standard Urban Storm Water
Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential
development; and
g. To comply with all relevant City regulations and policies including, but not
limited to, incorporation into the design and implementation of the Project
temporary and permanent structural Best Management Practices and non-
structural mitigation measures that would reduce pollution of storm water
runoff to the maximum extent practicable.
24. Condition No. 93 - (Water Quality). In satisfaction of condition No. 93 of Resolution No.
2002-089, the Developer agrees to enter into agreement with the City of Chula Vista, wherein the
Developer agrees to the followings:
a. Comply with the requirements of the new Municipal Storm Water Permit
(Order No. 2001-0 I) issued by the San Diego Regional Water Quality Control
Board including revision of plans as necessary.
b. indemnifY, and hold harmless the City, its elected and appointed officers and
employees, from and against all fines, costs, and expenses arising out of non-
compliance with the requirements of the NPDES regulations, in connection
with the execution of any construction and/m grading work for the Project,
whether the non-compliance results from any action by the Applicant, any agent
or employee, subcontractors, or others. The applicant's indemnification shall
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include any and all costs, expenses, attorney's fees and liability incurred by the
City.
c. That the City Engineer may require incorporation of Standard Urban Storm
Water Mitigation Plan (SUSMP) requirements during the implementation
period preceding the adoption of the local SUSMP by the City, for all priority
projects or phases of priority projects undergoing approval process, in
accordance with Order No. 2001-01, NPDES No. CAS0108758 Municipal
Permit as determined by the City Engineer.
d. To not protest the formation of a facilities benefit district or any other funding
mechanism approved by the City to finance the operation, maintenance,
inspection, and monitoring ofNPDES facilities. This agreement to not protest
shall not be deemed a waiver of the right to challenge the amount of any
assessment, which may be imposed due to the addition of these improvements
and shall not interfere with the right of any person to vote in a secret ballot
election.
Such Developer obligation may be reassigned to a Master Homeowner's Association or other
appropriate Maintenance District subject to the approval of the City Engineer.
25. Condition No. 99 - (parks and Open Space). In satisfaction of condition No. 99 of
Resolution No. 2002-089, the Developer agrees that the Village Six Project shall satisfy the
requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement
that the project provide three (3) acres of local parks and related improvements per 1,000 residents.
Local parks are comprised of community parks and neighborhood parks. The Project's Neighborhood
Park portion of the local park requirement shall be satisfied through the provision of a 7.0 net-acre
Neighborhood Park (P-1). The remaining requirement shall be satisfied in a future Community Park
through the payment of fees, dedication ofland, or a combination thereof in a manner acceptable to the
Director of General Services.
26. Condition No. 104 - (Landscape Master Plan). In partial satisfaction of condition No. 104 of
Resolution No. 2002-089, upon request of the Director of General Services and his/her sole discretion,
the Developer agrees to update the Project's Landscape Master Plan to conform to any substantial
changes made subsequent to the initial approval of the Plan.
27. Condition No. 105 - (Walls). In partial satisfaction of condition No. 105 of Resolution No.
2002-089, the Developer agrees that all walls shall be constructed pursuant to EIR 98-01 and the
Village Six SPA Plan.
28. Condition No. 106 - (Landscape Agreement and Easements). In satisfaction of condition
No. 106 of Resolution No. 2002-089, the Developer agrees that Within 90 days of approval of the
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applicable final "BOO map, enter into a maintenance agreement and grant easements as necessary for
landscaping and improvements maintained by a Homeowners Association within City right-of-way
or such other public areas required by the City.
29. Condition No. 122 - (Trails Connections). In satisfaction of condition No. 122 of
Resolution No. 2002-089, the Applicant agrees to comply with the current Regulatory Negotiation
Committee Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final Report, as
may be amended from time to time, developed for: U.S. Architectural and Transportation Barriers
Compliance Board when designing all trails and trail connections
30. Condition No. 123 - (Landscape Agreement and Easements). In partial satisfaction of
condition No. 123 of Resolution No. 2002-089, the Developer agrees that Prior to the issuance of the
street construction permit for the proj ect, the Developer shall prepare and secure, to the satisfaction
of the City Engineer and the Director of General Services, for parkway and median landscape and
irrigation plans. For the purposes of communication via the City's irrigation central control system,
the irrigation plans shall include provisions for a hard wire (copper) phone connection to the
irrigation controller containing the cluster control unit (CCU).
31. Condition No. 128 - (MHOA Responsibilities). In partial satisfaction of condition No. 128
of Resolution No. 2002-089, the Developer agrees that future property owners shall be notified
during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of
the MHOA and their estimated annual cost. The Developer shall submit the document and obtain
the approval of the City Engineer and Director of Planning and Building prior to distribution through
escrow, which approval shall not be unreasonably withheld.
32. Condition No. 134 - (Maintenance District). In satisfaction of condition No. 134 of
Resolution No. 2002-089, the Developer agrees to not protest formation or inclusion in a
maintenance district or zone for the maintenance of landscaped medians and scenic corridors along
streets within or adjacent to the subject subdivision.
33. Condition No. 154 - (GMOC). In satisfaction of condition No. 154 of Resolution No. 2002-
089, the developer agrees to the following:
a. That the City may withhold building permits for the Project if anyone of the
following occurs:
1. Regional development threshold limits set by a Chula Vista traffic or
transportation plans, as amended from time to time, have been reached or in
order to have the Project comply with the Growth Management Program, as
may be amended from time to time.
11. Traffic volumes, levels of service, public utilities and/or services either
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exceed the adopted City threshold standards or fail to comply with the then
.effective Growth Management Ordinance, and Growth Management
Program and any amendments thereto. Public utilities shall include, but not
be limited to, air quality, drainage, sewer and water.
111. The required public facilities, as identified in the PFFP or as amended or
otherwise conditioned have not been completed or constructed to the
satisfaction of the City. The developer may propose changes in the timing
and sequencing of development and the construction of improvements
affected. In such case, the PFFP may be amended as approved by the City's
Director of Planning and Building and the City Engineer. The Applicant
agrees that the City may withhold builcling permits for any of the phases of
development identified in the Public Facilities Financing Plan (PFFP) for
Otay Ranch Village Six SPA if the required public facilities, as identified in
the PPFP or as amended by the Annual Monitoring Program have not been
completed.
b. To defend, indemnifY and hold harmless the City and its agents, officers an
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 with regard to this subdivision
pursuant to Section 66499.37 of the State Map Act provided the City promptly
notifies the Applicant of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense.
c. Permit all cable television companies franchised by the City of Chula Vista
equal opportunity to place conduit and provide cable television service for each
lot or unit within the Tentative Map area. The Developer further agrees to
grant, by license or easement, and for the benefit of, and to be enforceable by,
the City of Chula Vista, conditional access to cable television conduit within
the properties situated within the fmal map only to those cable television
companies franchised by the City of Chula Vista, the condition of such grant
being that:
1. Such access is coordinated with Developer's construction schedule so
that it does not delay or impede Developer's construction schedule and
does not require the trenches to be reopened to accommodate the
placement of such conduits; and
ii. Any such cable company is and remains in compliance with, and
promises to remain in compliance with the terms and conditions of the
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franchise and 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.
d. That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the
terms of the Tentative Map Conditions or any Supplemental Agreement. The
City shall provide the Developer of notice of such determination and allow the
Developer reasonable time to cure said breach.
e. Hold the City harmless from any liability for erosion, siltation or increase flow
of drainage resulting from this proj ect.
34. Condition No. 155- (Congestion Management & Regional Impact Fee Programs). In
satisfaction of condition No. 155 of Resolution No. 2002-089, the Developer agrees to the following:
a.Participate, on a fair share basis, in any deficiency plan or financial program adopted
by SANDAG to comply with the Congestion Management Program (CMP).
b. T 0 not protest the formation of any future regional impact fee program or facilities
benefit district to [mance the construction of regional facilities.
35. Condition No. 156 - (Previous Agreements). In satisfaction of condition No. 156 of
Resolution No. 2002-089, the Developer agrees to comply with all previous agreements as they
pertain to the tentative map, including the "A" map agreement recorded as San Diego County
recorder document # 2002-0756899.
36. Condition No. 157 - (Street Sweeping). In partial satisfaction of condition No. 157 of
Resolution No. 2002-089, the Developer agrees to cause street sweeping to commence immediately
after the paving of the first street in the project has been completed, and the Developer agrees to
continue sweeping until an entity such as a homeowner's sub-association assume responsibility.
37. Condition No. 158 - (Regional Impact Fee). In satisfaction of condition No. 158 of
Resolution No. 2002-089, the Developer agrees to equitably participate in any future regional impact
fee program for regional facilities should the region enact such a fee program to assist in the
construction of such facilities. The Developer further agrees to not protest the formation of any
potential future regional benefit assessment district formed to [mance regional facilities.
38. Condition No. 165 - (Compliance). In satisfaction of condition No. 165 of Resolution No.
2002-089, the Developer agrees install all public facilities in accordance with the Village Six Public
Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold standards
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adopted by the City. The City Engineer may modify the sequence of improvement construction should
conditions change to warrant such a revision. The applicant further agrees to comply with Chapter
19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as may be amended from
time to time by the City. Said Chapter includes but is not limited to Threshold Standards (19.09.040)
Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.100).
39. Condition No. 170 - (Annual Report). In satisfaction of condition No. 170 of Resolution No.
2002-089, pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the
CYMe) and the Otay Ranch General Development Plan (GDP), and as they may be amended from
time to time, the Developer agrees to fund the preparation of an annual report monitoring the
development of the community of Otay Ranch. The annual monitoring report will analyze the supply
of, and demand for, public facilities and services governed by the threshold standards. An annual
review shall commence following the first fiscal year in which residential occupancy occurs and is to be
completed during the second quarter of the following fiscal year. The annual report shall adhere to
those guidelines noted on page 353, Section D of the GDP/SRP.
40. Condition No. 174 - (Adjoining Walls). In satisfaction of condition No. 174 of Resolution
No. 2002-089, prior to Developer constructing a solid masonry, view wall or like wall which will
adjoin a wall constructed by a different developer, a transition wall plan shall be submitted to the City
and is subject to the approval of the Director of Planning and Building. Developer agrees to work
together with other developers of Village Six to the satisfaction of the Director of Planning and
Building in order to construct transitions between adjoining walls.
41. Condition No. 179 - (Compliance). In satisfaction of condition No. 179 of Resolution No.
2002-089, the Developer agrees to comply with all applicable sections of the Chula Vista 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 Vista Subdivision Ordinance and Subdivision Manual.
Underground all utilities within the subdivision in accordance with Municipal Code requirements.
42. Condition No. 180 - (Fees). In satisfaction of condition No. 180 of Resolution No. 2002-089,
the Developer agrees to pay the following fees in accordance with the City Code and Council Policy:
. The Transportation and Public Facilities Development Impact Fees.
. Signal Participation Fees.
. All applicable sewer fees, including but not limited to sewer connection fees.
. Poggi Canyon Sewer Basin DIF.
. Pedestrian Bridge fee.
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. Pay the amount of said fees in effect at the time of issuance ofbuilding permits.
43. Condition No. 181- (Compliance). In satisfaction of condition No. 181 of Resolution No.
2002-089, the Developer agrees to comply with all relevant Federal, State, and Local regulations,
including the Clean Water Act. The developer agrees to be responsible for providing all required
testing and documentation to demonstrate said compliance as required by the City Engineer.
44. Condition No. 182- (Special Taxes and Assessments). In satisfaction of condition No. 182 of
Resolution No. 2002-089, the Developer agrees to ensure that prospective purchasers sign a ''Notice of
Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected
taxes and assessments. The developer agrees to submit the disclosure form for approval by the City
Engineer prior to Final Map approval.
45. Condition No. 183- (Growth Management). In satisfaction of condition No. 183 of
Resolution No. 2002-089, the Developer agrees to comply with Chapter 19.09 of the Chula Vista
Municipal Code (Growth Management) as may be amended from time to time by the City. Said
chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan
implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.1 00)
46. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes
partial or full satisfaction of Developer's obligation of Conditions: Resolution No. 2005-347
(Amended Tentative Subdivision Map): 2, 3,13,17,18,22,23,24,25,26,30); and Resolution No.
2002-089 (Tentative Subdivision Map): 1,2,3,4,5,10,11,12,13,19,20,25,33,34,48,50,53,60,
62,66,69,81,93,99, 104, 105, 106, 122, 123, 128, 134, 154, 155, 156, 157, 158, 165, 170, 174,
179, 180, 181, 182, and 183 (of Resolution No. 2002-089), The Developer further understands and
agrees that some of the provisions herein may be required to be performed or accomplished prior to
the approval of other final maps for the Project, as may be appropriate.
47. Unfulf"illed Conditions. The Developer hereby agrees, unless otherwise conditioned, that
The Developer shall comply with all unfulfilled conditions of approval of the Tentative Subdivision
Map, established by the Resolution and shall remain in compliance with and implement the terms,
conditions and provisions therein.
48. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the
recordation of the Final Maps.
49. Building Permits. The Developer understands and agrees that the City may withhold the
issuance of building permits and all other permits for the entire Village Six SPA project area, should
the Developer be determined by the City to be in breach of any of the terms of this Agreement. The
City shall provide the Developer of notice of such determination and allow the Developer reasonable
time to cure said breach. Developer further acknowledges and agrees that the City may withhold
building permits within the Final Map as defmed herein if the required public facilities for SPA One,
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as defined in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned,
have not been completed or constructed to the satisfaction of the City.
50. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall
supersede, nullify or otherwise negatively impact the terms of the "A" Map Agreement unless
specifically noted herein. This Agreement affirms and reflects the terms, conditions and provisions
of the Monitoring Agreement, the "A" Map Agreement, and of the Tentative Map 02-05 conditions
applicable specifically to the Final Maps for the Property.
51. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required
or permitted by this Agreement or by law to be served on or delivered to either party shall be in
writing and shall be deemed duly served, delivered, and received when personally delivered to the
party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following
deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage
prepaid, addressed to the address indicated in this Agreement. A party may change such address for
the purpose of this paragraph by giving written notice of such change to the other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: City Engineer
Otay Ranch FOURTHEEN, L.L.C.
2445 Fenton Street
Chula Vista, CA 91914
A party may change such address for the purpose of this paragraph by giving written notice of
such change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference and do not
define, describe or limit the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between the parties
regarding the subj ect 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.
d. 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
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presumed that both parties participated equally in the preparation and! or drafting this Agreement.
e. Assignability. Upon request of the developer, any or all on-site duties and obligations set
forth herein may be assigned to developer'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 hislher 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.
g. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto are incorporated
by reference into this Agreement.
h. 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 PAGE IS PAGE ONE OF SIGNATURE PAGES]
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[PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE OTA Y RANCH VILLAGE SIX MARQillS
UNIT 1]
CITY OF CHULA VISTA
Cheryl Cox
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
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[PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDMSION
IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SIX MARQUIS
UNIT I]
DEVELOPERS/OWNERS:
Otay Ranch FOURTHEEN, LLC.,
a Dela lIDlte iability Com
Autho . e
By:
DATED: 4-- s::. 07 ,
(ATTACH NOTARY ACKNOWLEDGMENTS)
4-63
OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE
ACKNOWLEDGMENT
State of California
County of SC\.I1 Di~o
On s."pkrY\b.er 5, }-aOI
personally appeared DiY],~
Title of Document~l?)eJ'I'''Y1.w 5t<.bJ',vl'Si'/Yh JM-
. ,pYlj-Je:"eY1-t ~T""&/"nUIt-
, before me,/(ctr (fA. L, ~h (N DTItT':J Pui" Ii c )
Y3VDokS
i>{ personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the
person(p) whose name~ is/an- subscribed to the within instrument and acknowledged to me that
he/sRo!4hey executed the same in his/eer'tiloir authorized capacity(~, and that by his/Ber!their
signature~) on the instrument the person(i), or the entity upon behalf of which the person~ acted,
executed the instrument.
WITNESS my hand and seal.
KARLA L. HAM
COMM. .1630397 I:
Notary Public. California ~
San Diego COII1Iy 4
Comm, EJlres Dec. 16, 2IlIl9
~P- -/,~
SIGNATU OF NOTARY PUBLIC
ADDITIONAL INFORMATION
DOCUMENT INFORMATION
Document Date ~
Number of Pages ,;)4
TYPE OF IDENTIFICATION
EMBOSSfvlENT
Copyright <<:11994, All Rights Reserved, California School ofNolf!"S'4blic, Inc,
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I>4 Personal Knowledge of the Notary Public
[ ] Satisfactory Evidence - identification card
[ ] One Credible Witness acknowledging identity of principal
[ ] Two Credible Witnesses acknowledging identity of principal
EXHIBIT A
(Legal Description)
Being a subdivision of A portion of Lot 17 of Chula Vista Tract No. 02-05 Otay Ranch, Village 6
Unit I "A" Map No. I, in the City of Chula Vista, County of San Diego, State of California,
according to map thereof No. 14446, flied in the office of the County Recorder of San Diego County
on September 18, 2002.
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