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HomeMy WebLinkAboutAgenda Packet 1998/10/13 \ Tuesday, October 13, 1998 6:00 p.m. "I declare llnde.- pena/.ty of perjury that I am employad by the City of Chula Vista in the Office of the City Ci,r: en: that I posted this Agenja/Noti~e C;,'w Bulletin Board at the PUb~j~eS Bu];;ing and t City Hall on !)ATED. "1 VSIGNED ~ Council Chambers Public Services Building Rel!ular Meetinu of the Citv of Chula Vista CALL TO ORDER 1. ROLL CALL: Council members Moot_. Padilla_, Rindone_, Salas_, and Mayor Horton_" 2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DA Y: A. Linda Boutin, President, Friends of the Arts. will introduce the Chula Vista School for the Creative & Performing Arts who will present a scene from The Famaslics under the direction of Jack Tygett. B. Senator Wadie Deddeh will make a brief presentation to wrap-up the 1998 State Legislative Session. C. Update on Port District matters by David Malcolm, Chair, Port Commission. CONSENT CALENDAR (1lems 5 Ihrough 16) The staff recommendations regarding the followillg ilems lisled WIder Ihe COllsenl Calelldar will be ellacled by the Council by one molion withoul discussion ullless a Councilmember, a member of Ihe public, or City staff requests that the item be pulled for discussioll. If you wish 10 speak on olle of Ihese items, please fill oul a "Request to Speak Fonll" available ill Ihe lobby alld sllbmit it 10 Ihe Cily Clerk prior 10 Ihe meetillg. lIems pulled from the Consent Calendar will be discussed after Board and Commission Recommendations alld Action Items. Ilems pulled by Ihe public will be Ihe firsl items of busilless. 5. WRITTEN COMMUNICATIONS: A. Letter from the City Attorney stating that to the hel;jt of his knowledge from observance of actions taken in Closed Session on Odoher 6, 1998, there were no actions taken which are required under the Brown Act to he reported. It is recommended that the Idter be n~cdved and filed. B. Letter from William B. Yancey, Sr., requesting t.hat a 25 mph speed limit sign he posted on Spruce Street. It is recol11l1lt.'mded that the Idler be received and flied. C. Letter of resignation from the Commission on Aging - Ignacio Valdcwinos. It is recommended that the resignation he accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. Agenda -2- Odoher 13, 1998 6. ORDINANCE 2755 COUNCIL, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NUMBER 97-1 (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH - SPA ONE, VILLAGES I & 5]), AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT (second readinu and adootion)- On September 15, 1998, Council held the public hearing for the formation of Community Facilities District Number 97-1. This district will fund the perpetual operation and maintenance of open space slopes, drainage channels, detention basins, medians and parkways of Otay Ranch SPA 1, Villages 1 and 5. Council action will certify the results of a special election where the qualified dectoTs of the District were asked whether the levy of this special tax should be authorized and direct staff to begin the process of determining the collectihle amount for Fiscal Year 199811999 and Fiscal Year 1999/2000. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works) 7. ORDINANCE 2756 COUNCIL, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NUMBER 97-2 (PRESER VE MA INTEN ANCE DISTRICT), AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT (second readinu and adootion) - On Septemher IS, 1998, Council held the puhlic hearing for the formation of Community Facilities District Number 97-2. This district will fund the perpetual operation and maintenance of Gtay Ranch Preserve. Council action will certify the results of a special election where the qualified electors of the District were asked whether the levy of this special tax should be authorized and direct staff to begin the process of determining the collectible amount for Fiscal Year 1998/1999 and Fiscal Year 1999/2000. Staff recommends Council place the ordinance on second reading and adoption. (Director of Puhlic Works) 8. ORDINANCE 2757 COUNCIL, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NUMBER 98-1 (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH, LLC-OVP-SPA ONE, VILLAGES 1 WEST, 2, 2 WEST, 6, 7 & PLANNING AREA 12]), AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT (second readinu and adootion) - On Septemher IS, 1998, Council held the public hearing for the formation of Community Facilities District Numher 98-[, This district will fund the perpetual operation and maintenance of the Gtay Ranch Preserve. Council action will certify the results of a special election where the qualified electors of the Distrlct were asked whether the levy of this special tax should be authorized and direct staff to hegin the process of determining the collectible amount for Fiscal Year 1998/] 999 and Fiscal Year 1999/2000. Staff recommends Council place the ordinance on second reading ami adoption. (Director of Puhlic Works) 9. ORDINANCE 2758 COUNCIL, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NUMBER 98-2 (OPEN SPACE MAINTENANCE DISTRICT [MCMILLIN - D.A. A~IERICA, OTAY RANCH - SPA TWO, VILLAGES 6 & 7]), AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT (second readinu and lIdootion) - On Septemher IS, 1998, Council held the puhlic hearing for the formation of Community Facilities District Number 98-2. This district will fund the perpetual operation and maintenance of the Gtay Ranch Preserve. Council action will certify the results of a special election where the qualitied electors of the District were asked whether the levy of this special tax should be authorized and direct staff to begin the process of determining the collectible amount for Fiscal Year 1998/1999 and Fiscal Year 1999/2000. Staff recomm~nds Council place the ordinance on s~cond reading and adoption. (Director of Public Works) 10. ORDINANCE 2759 AMENDING ORDINANCE 2579 RELATING TO ESTABLISHING A PROCEDURE FOR FEE WAIVER OR REDUCTION WITHIN THE INTERIM PRE-SR125 DEVELOPMENT IMPACT FEE (second readinu and adootion) - On January 4, 1994, Council adopted Ordinance 2579 estahlishing an interim pre-SR12S Development Impact Fee to pay for transportation facilities in the City's eastern territories. That ordinance did not have a procedure for fee waiver or reduction. Based on a rec~nt development which paid an estimated fee with an understanding that actual traffic generation rates would be studied after the project was opened, a portion of the fee payment should be refunded. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works) Agenda -3- October 13, 1998 II. ORDINANCE 2760 AMENDING TITLE 19 OF THE MUNICIPAL CODE TO MODIFY SECTION 19.64.150 AND ADD SECTION 19.64.190 RELATING TO RECONSTRUCTION OF NON- CONFORMING, NON-RESIDENTIAL STRUCTURES WITHIN THE CITY (secnnd .eadin!! and adootion) - The purpose of this amendment is to allow current restriction on the rebuilding of non- conforming, non-residential structures which are destroyed to be waived upon obtaining a Reconstruction Permit. Approval of said permit would be based upon a public hearing and subject to meeting of specific criteria including the presence of site constraints which would make it difficult for the owner of the property to rebuild it in accordance with current land use restrictions. Staff recommends Council place the ordinance on second reading and adoption. (Director of Planning and Building) 12. RESOLUTION 19212 ACCEPTING CALIFORNIA ST A TE LIBRARY - CALIFORNIA LIBRARY SERVICES ACT, FAMILIES FOR LITERACY GRANT FUNDS AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING THE FISCAL YEAR 1998/99 BUDGET TO INCLUDE A .35 FULL TIME EQUlV ALENT POSITIONS - Tbe Cbula Vista Literacy Team has been awarded a $21,000 California Lihrary Services Act, Families for Literacy grant from the California State Library to develop and offer special family literacy services to adult learners and their young children. This is the eighth year that the Literacy Team has been awarded this grant. This program was developed to break the inter-generational cycle of illiteracy by providing in-service training for volunteer tutors whose learners are parents of young children, special library progralmning for those learners and their families, and a home collection of quality children's books and magazines for each participating family. Staff recommends approval of the resolution. (Lihrary and Recreation Director) 4/Sth's vote required. 13. RESOLUTION 19213 APPROVING COOPERATIVE AGREEMENT NUMBER 11-4269 WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION OF IMPROVEII<IENTS TO THE I-80S/TELEGRAPH CANYON ROAD INTERCHANGE AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT -In Febmary 1996, staff initiated design efforts aimed at implementing the final phase of planned improvements at the I-80S/Telegraph Canyon Road intercbange. The primary objective of this project is to improve tbe flow of traffic along eastbound Telegraph Canyon Road through the interchange, thereby complementing previous improvements made for westbound travel. The plans are nearly complete and Caltrans will be issuing an encroachment permit soon. Caltrans has agreed to pay an estimated $205,214 for certain items of work and to furnish, at their cost, a resident engineer during the construction phase. In order to proceed, the City needs to enter into a cooperative agreement with Caltrans for use of their funding and the services of the resident engineer. Staff recommends approval of the resolution. (Director of Public Works) 14.A. RESOLUTION 19214 APPROVING FINAL MAP OF TRACT NUMBER 98-07, BELLA NA VONA, ACCEPTING ON BEHALF OF THE CITY PUBLIC STREETS AND EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MA YOR TO EXEC liTE SAID AGREEMENT On May 26, 1998. Council approved tbe Tentative Subdivision Map for Tract 98-07, Bella Navona. The Final Map, Suhdivision Improvement Agreement, and Supplemental Suhdivision Improvement Agreement are now ready for consideration and approval. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 19215 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 98-07, BELLA NA VONA, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NUMBER 19014, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Agenda -4- October 13, 1998 IS.A. RESOLUTION 19216 APPROVING FINAL MAPS OF TRACT NUMBER 92-02, SALT CREEK RANCH, NEIGHBORHOOD 3, UNITS 7 THROUGH 12, AND NEIGHBORHOOD 4B, UNITS 1 THROUGH 7, ACCEPTING ON BEHALF OF THE CITY PUBLIC STREETS AND EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS - On October 6, 1992, Council approved the Tentative Subdivision Map for Tract 92-02, Salt Creek Ranch. On that tentative map, neighhorhood houndaries were delineated. The Final Maps, Subdivision Improvement Agreements. and Supplemental Suhdivision Improvement Agreement are now ready for consideration and approval. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 19217 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 92-02, SALT CREEK RANCH, NEIGHBORHOOD 3, UNITS 7 THROUGH 12, AND NEIGHBORHOOD 4B, UNITS I THROUGH 7, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 16. RESOLUTION 19218 APPROVING CHANGE ORDER NUMBER 1 FOR THE "MAIN STREET IMPROVEMENT PROJECT BETWEEN INDUSTRIAL BOULEVARD AND BROADWAY" (ST- 961) AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY - On June 9, 1998, Council awarded a contract in the amount of $2,800,178.40 (plus contingencies of $574,821.60) to Wier Construction Corporation. Change Order Number 1, which totals $22,162.50. consists of extra work items for the construction of a new sewer main parallel to the existing sewer main within Ja~qua Street in order to accommodate the construction of a storm drain on the west side of Jacqua Street, from Main Street to Otay River. Staff recommends approval of the resolution. (Director of Puhlic Works) * * * EN/) OF CONS/~NT CAI.ENIMIl * * * ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council's jurisdiction that is not an item on this agenda for public discussion. (Slale loll', however, generally prohibits the City Council from laking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete Ihe "Request 10 Speak Under Oral Communications Fonn" available in the lobby and submit it to Ihe City Clerk prior 10 Ihe meeting. 17/Ose who wish to speak, please give your name and address for record purposes and follow up aclion. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been adverlised and/or posled as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Fonn" available in Ihe lobby and submit it 10 the City Clerk prior to the meeting, None suhmitted. BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which hOl'e beeu forwarded to Ihem for consideralion by one of the City's Boards, Commissions, and/or Committees. None suhmitted. Agenda -5- Octoher 13, 1998 ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussiol/s al/d deliberations by the Council, staff, or members of the general public. The items will be cOl/sidered il/dil'idually by the Coul/cil and staff recommendations may in certain cases be presel/ted in the altemati,'e. Those who wish to speak, please ]ill out a "Request to Speak" foml available iI/ the lobby and sublllit it to the City Clerk prior to the lIIeeting. 17. RESOLUTION 19219 APPROVING AN AGREEMENT WITH PROJECT DESIGN CONSULTANTS FOR THE UPDATE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND APPROPRIATING FUNDS FOR THE UPDATE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM FROM THE UNAPPROPRIATED BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND - The Transportation Development Impact Fee (TDIF) is a cost sharing program used to equitahly distrihute the cost of new roads serving the new development east of 1-805. The program needs to be updated to reflect the changing development picture and include new areas annexed to the City. Due to the complexity and magnitude of this task and the extensive professional resources needed to achieve this work, staff recommends the rdention of an outside consultant. By following the City's sdection procedure. staff has requested proposals, created a selection committee and determined that Project Design Consultants is the most qualified firm for updating the TDIF. Staff recommends approval of the resolution. (Director of Puhlic Works) 4/Sth's vote required. 18. RESOLUTION 19203 APPROVING IN-CONCEPT THE CHANGES REQUIRED BY THE DESIGN REVIEW COMMITTEE WHICH WILL RESULT IN A FUTURE COST INCREASE FOR THE CONSTRUCTION OF FIRE STATION NUMBER 4 AND THE FIRE TRAINING CLASSROOM; APPROVING THE SECOND AMENDlI'ffiNT TO THE CONTRACTUAL AGREEI\'ffiNT WITH JEFF KATZ ARCHITECTURE FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE DESIGN AND CONSTRUCTION OF FIRE STATION NUMBER 4 AND THE FIRE TRAINING CLASSROOM; AND APPROPRIATING FUNDS THEREFOR - Council approved CIP Projects PS-120 and PS-127 provide for the constmction of the new Fire Station Numher 4 and the Fire Training Classroom at the Fire Training Tower site in the Rancho del Rey development. The finn of Jeff Katz Architecture has been hired to provide the architectural services. Recent review of the Project's initial design by the City's Design Review Committee has necessitated changes to the Project which will increase the construction costs. and which are heyond the scope of the current agreement with the archikct. Therefore, it is necessary at this time to conceptually approve the Pn~iect's revised scope and estimated budget and amend the Architect's agreement to complete the necessary work. Stan recommends this item he continued to a future meetinu. (Fire Chief and Director of Planning and Building) 4/5ths vote reuuired. Continued from the meetiul( of Octo her 6, 1998. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consen! Calendar. Agendil items pulled at the request of the public ",ill be considered prior to those pulled by Councilmembers. OTHER BOSINESS 19. CITY MANAGER'S REPORT(S) A. Scheduling of meetings. Agenda -6- October 13, 1998 20. MA YOR'S REPORT(S) A. Ratification of appointment to the Growth Management Oversight Commission (Development) - Paul Nieto (to fill vacancy created by Commissioner Aguirre. whose tefm expired on June 30, 1998). Continued from the meeting of October 6, 1998. B. Ratification of appointment to the Cultural Arts Commission - Jeri Vanderpool (to fill vacancy created by Commissioner Wheeland, whose term expired on June 30, t 998). C. Taking a position to support Proposition JJ. classroom and facility improvements in the Chula Vista Elementary School District. Continued from the meeting of Octoher 6, 1998. D. RESOLUTION 19220 TAKING A POSITION TO "OPPOSE STATE PROPOSITION 9, THE UTILITY RATE REDUCTION AND REFORM ACT OF ]998" - Proposition 9 would affect the electric utility rates throughout California. At the same time, this proposal is likely to have a detrimental impact on the cost of issuing honds in California. The Legislative Committee recommends adoption of the resolution. 21. COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to (a closed session and thence to) the regular City COllncilmeeting on October 20. 1998 at 6:00 p.m. in the City Council Chambers. A joint meeting of the City Council/Redevelopment Agency will be held immediately following the City Council meeting. '" dKllfl tinder penelty of perJury that I em employed by the Cit:' of Chula Viste in the Office of the City Clod; and that I posted this Agenda/Notice on the Bulletin Board at Tuesday, October 13, 1998 the Public S rv'E!s Building and at~. Hall 0 . Council Chambers 6:00 p.m. DATED /tl 'J. SIGNED ~. ,"' Puhllc Services BUlldmg (immediately following the City Council e mg) ./ CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City Manager or the City Council states othenvise at this time, the Council will discuss and deliberate on the following items of business which are permitted by law to be the sllbject of a closed session discllssion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of final action token in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. CONFERENCE WITH LEGAL COUNSEL - Anticipated litigation . Significant exposure to litigation pursuant to Government Code Section 54956.9(b): Two cases. October 8, 1998 SUBJECT: The Honorable Mayor and City Council /: C A D."'d D. R,wlim". J,.. City Man,,,,,, J:i!L , 1J<!V\ City Council Meeting of October 13, 1998 TO: FROM: This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, October 13, 1998. Comments regarding the Written Communications are as follows: 5a. This is a letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on 10/6/98, there were no actions taken which are required under the Brown Act to be reported.. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. 5b. This is a letter from William B. Yancey, Sr., requesting that a 25 mph speed limit sign be posted on Spruce Street. Staff met with Mr. Yancey at his residence on October 8, 1998, reviewed his concerns and has resolved the issues to his satisfaction. A speed limit sign will not be installed; however, a two-way stop will be installed to stop traffic on Spruce Street and Spruce Court at Melrose Avenue. IT IS RECOMMENDED THAT THE LETTER BE RECENED AND FILED. 5c. IT IS RECOMMENDED THAT IGNACIO VALDOVINOS' RESIGNATION FROM THE COMMISSION ON AGING BE ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY. DDR:mab ~V?- ~ ~!f~~ - - -- CllY OF CHUIA VISfA OFFICE OF THE CITY ATTORNEY Date: October 7, 1998 To: The Honorable Mayor and City Council John M. Kaheny, City Attorney ~ Report Regarding Actions Taken in Closed Session for the Meeting of 10/6/98 From: Re: The city Council met in Closed Session on 10/6/98 to discuss: Existing litigation pursuant to Government Code section 54956.9: Granite Construction v. City of Chula Vista. The city Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK: 19k C:\lt\clossess.no sA) 276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910' (619) 691-5037' FAX (619) 409-5823 @f>Qet.ConsumerRecycledPaper . rlc'~D ~ @ ~ 0 W ~ ,I. 1 A~~/~ ..,2J: /77[7- I I '-c:.:?7/.ft!:YI- no ~ -. 1! " :=:=; , ' ~ ~lNY~ _~~~_I_ ~: ~ / (/0 "<: -0 fTl ! c J 41u{Zi fk~ r A< rJ~ I! tV k ~r ~ &a2 tk</~<l~~ !It!M~ Cbfld J ~ ,;.JJMdt' ~ wf:L r / d . /1 . ,j Ah""~~7' 9/'11/ wed U 'r):(t/t- ~- V b~ f0 J!JJ f3lj/~ t t1I~ r-. ~ J F~(J k-<ev /7670 ~ J:e ~__CU~~ ~frdl;& La-- f;&l c2S-1t/4 ~jJ ~ t2tr ~audv:Jk~ & /Uo btrtiw-. W~~_ofL ~~ ~ 1f1J-5J~/~L~~~~ ka k ~ ~..~ ~,&Luf ~..~ I'd ?/z;?-0 1k?/<'#~ ~ ~ -a okt ~ .,; tt (~ ~ef dL.(J .wi;{ ~ ildu op~ r7!l:/ Ua/:rk rr ~ (j)<2~f~-4 ~U/~_ ~:t~ ~~, - -- -- RECEIVED II-;'t>>~ @ ~ 0 w' ~"::l u'l _. . . :,~. f' : , "I ., 'I' OCT i ': - '1 ICJClA_ i i ~ >>>~--- >..~ "!'~-~=-)~ '98 OOT -6 A 8 :22 CITY OF CHULA VIST/\ CITY CLERK'S OFFICE October 5, 1998 Mayor Shirley Horton City of Chula Vista Dear Madam Mayor This letter is to present my resignation from the Chula Vista Commission on Aging on which I have served since June of 1993. I have deeply enjoyed this tenure, but feel that it is now time to step down and let others have that privilege. Thank you for your consideration. ~~(fJ Ignacio Valdovinos , WRITTEN COMMUNICATIONS cc> fPF ?J~('i) ~. /:;03)1r c1-L~ 'afJ~. -f~ fL// "0 . . . ) /.~ r>-~O ORDINANCE NO. J.? ~ .? ~O-O\~G e.~rf)~\) ORDINANCE OF THE CITY COUNCIL OF THE Crr'fOF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. (fl-I (OPEN SPACE MAINTENANCE DISTRICT [OTA Y RANCH - SPA ONE, Vil..LAGES I & 5]), AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT r>-oO?1\O~- WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "Legislative Body"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the" Act"). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH - SPA ONE, VILLAGES 1 & 5]) (the "District"). BE IT ORDAINED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This Legislative Body does, by the passage of this ordinance, authorize the levy of special taxes at the rate and formula as set forth in Exhibit" A" attached hereto (the "Special Tax Formula"), referenced and so incorporated. SECTION 3. This Legislative Body is hereby further authorized, by Resolution, to determine the specific special tax rate and amount to be levied for the then current tax year or future tax years, except that the special tax rate to be levied shall not exceed the maximum special tax rate as authorized pursuant to the Special Tax Formula, but the special tax may be levied at a lower rate. SECTION 4. The proceeds of the above authorized and levied special tax may only be used to as authorized by the Special Tax Formula. The proceeds of the special tax shall be levied only so long as needed for its purpose, and shall not be used for any other purpose. SECTION 5. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary . SECTION 6. The above authorized special tax shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in ~ _ 1 INFORMATION PACKET SCANNED AT FIRST READING OF THIS ORDINANCE ON: Oe.r Oh ICIer,? p g--:--:r ~ accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the legislative body of the local Agency in the manner provided in Section 53330.5 .~ of said Government Code. SECTION 7. This Ordinance and special tax shall be applicable for the referenced District, as well as any future lID1\exations. \ SECTION 8. \ This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adop~~n, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in th~ City pursuant to the provisions of Government Code Section 36933. , INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Cbula Vista, California, on \ , 1998; I. AND THEREAFTER\ADOPTED at a regular meeting of the City Council of the City of Cbula Vista, California, held on the '\ day of , 1998, by the following vote: AYES: \ \ NOES: ABST AlN: ABSENT: \ \ Presented by \ \ Approved as to form by \0-- ~ fo.--- Johu.M. Kaheny, City Attorney "'" John P. Lippitt, Director of Public Works lo- """'" 2 /~2 . Community Facility District No. 97-1 July 1, 1998 Page 6 ~-,.1\.,\6.... " A" Special Tax Report Part IV - Rate and Method of Apportionment of Special Taxes ANNUAL TAX d A Special Tax shall be levied annually on land within Community Facilities District No. 97-1 (Open Space Maintenance District) of the City of Chula Vista (the "District"), and collected according to the Special Tax Liability determined by the City of Chula Vista (the "City") through the application of the following procedures. All of the property within the District, unless otherwise exempted by law or the express provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below r~ All Parcels within the District are assigned to Special Tax Area A. In addition, certain Parcels are also assigned to Special Tax Area B based upon their location. A map of the Special Tax Areas is included as Exhibit B. The Special Tax which shall be levied upon each Parcel shall be the aggregate sum of the Special Tax for each Special Tax Area within which the Parcel is located. . All Special Taxes applicable to Parcels shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, and the Special Taxes so levied will be subject to the same penalties and proc!!dures, sale and lien priority in case of delinquency as is provided for ad valorem taxes. DEFINITIONS Acre or Acreage means the area of a Parcel as shown on the latest maps of the Assessor of the County of San Diego, or, if the area of such Parcel is not shown on such Assessor's maps. the area as shown on a current recorded subdivision map, parcel map, record of surveyor other recorded document creating or describing the Parcel. If the preceding maps are nO! available, the area shall be determined by the City Engineer. Administrative Expenses means the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the Special Taxes) including the fees and expenses of its counsel. Any fees of the County related to the District or the collection of Special Taxes, an allocable share of the salaries of City staff directly related thereto, any amounts paid by the City from its general fund with respect to the District, and expenses incurred by the City in undertaking actions to. foreclose on properties for which the payment of Special Taxes is delinquent, and all other costs and expenses of the City related to the District. Building Square Foot or Square Footage means the square footage as shown on the . Parcel's building permit(s), excluding garages or other structures not used as living space. City means the City of Chula Vista (0-3 ~ MJSprojecUchulaY1Slal97., rpt.dOC - '- o a. w Cl:: x ell f- ro '(3 w a. en ~ , r-- O'l ci Z 13 .;:: in o >- .-::: '(3 l'll u...co >-O'l .-::: O'l c~ :J _I'- E ~ w E>-Cl o :J l'll (.)....,0. CD r- CD :I: X w 1----. I'-r- O'lU . 0:: Or-o ZVl", - ~ 015 r- z UW~ cru ..... ",I-Z Oz: -< V1 <{ > a:: ~ - z ze ",OW =>::; 0", ::V1l-uu ~-wZ -i..... ...J_-....o ~1-<(!!!l.oJ ~I~ >':( 0..:::: <OI(~ VlUW5Vl <(uG u...<(,- 0.0 >-Vl,.. r- = u Zz ::JW :::ECl.. :::EO 0......... U ~ ~ .~.-_. .,.- ! j . ~ , , ':~\\" \'. "~ . - \".\ ;; I - _..--' ~I: -... _z_ i . - :it ~ i; ~ ! :; ~ ~ i'; ; ~ ~ is it ~ : i ::: ii i !": ~ ;:- . ~; = -~ i ;; ~ i!i ... :;.. ~~! , . -'~t .. : I e. i ~ I . ! Ill. ES I n ill I U ~ ----- IlD-1 J~ . . . Community Facility District No. 97-1 July 1,1998 Page 8 Developed Parcel means Taxable Property for which a foundation building permit or other form of building permit has been issued as of March 1 of the preceding Fiscal Year. District means the Open Space Maintenance District - SPA One (Villages 1 & 5) of the Community Facilities District No. 97-1 of the City of Chula Vista Facilities means those improvements defined in Part II of the Special Tax Report dated July_1, 1998 for Community Facilities District No. 97-1 of the City of Chula Vista. Fiscal Year means the period starting on July 1 and ending the following June 30. Maximum Special Tax means the maximum special tax that can be levied within CFD No. 97-1 by the City Council in any Fiscal Year for each Parcel of Taxable Property. Non-Residential Uses shall include all Developed Parcels which are not zoned for Residential Uses including commercial, industrial, and community public facility (CPF) uses. Operating Fund means a fund that shall be maintained for each Special Tax Area within the District for any Fiscal Year to pay for the actual costs of maintenance, repair, and replacement of the Facilities, and the Administrative Expenses. Operating Fund Balance means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. Operating Fund Requirement means for any Fiscal Year an amount for each Special Tax Area equal to the budgeted costs of the maintenance, repair and replacement of the Facilities which have been accepted and maintained by the District or are reasonably expected to be accepted and maintained by the District during the current Fiscal Year plus the budgeted Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied. Parcel means any San Diego County Assessor's Parcel or portion thereof that is within the boundaries of the District designated on a map of the San Diego County Assessor and which has been assigned a discrete identifying number on the equalized tax rolls of the County. Reserve Fund means a fund that shall be maintained for each Special Tax Area to provide necessary cash flow for operations and maintenance for the first six months of each Fiscal Year, working capital to cover maintenance and repair cost overruns and delinquencies that may arise in connection with the collection of Special Taxes and a reasonable buffer against large variations in annual special tax amounts. M:lSprotectJenulavistal97., rpt dOC lo --'5 ~ Community Facility District No. 97-1 July 1,1998 Page 9 -..... , ' Reserve Fund Balance means the amount of funds in the Reserve Fund at the end of the preceding Fiscal Year. , t.~ Reserve Fund Requirement means the required balance in the Reserve Fund equal to up to 10D% of the Operating Fund Requirement. l: Residential Uses shall include those residential uses as permitted in the City zoning ordinance. Special Tax means the special tax or special taxes actually levied within CFD No. 97- 1. Special Tax Area means one of the two specific areas comprising specific Parcels as shown in Exhibit B of the Special Tax Report dated July 1, 1998 for Community Facilities District No. 97-1 of the City of Chula Vista. Special Tax Liability for any Fiscal Year is an amount determined for each Special Tax Area sufficient to pay the costs of the District, including: (i) the amount required to be deposited into the Operating Fund to meet the Operating Fund Requirement. less the Operating Fund Balance, and (ii) the total amount required to be deposited into the ""'" Reserve Fund if any, to meet the Reserve Fund Requirement. less the Reserve Fund Balance. Taxable Property is all real property or Parcels within the boundaries of the District which are not exempt from the Special Tax pursuant to law, or which are not classified or assigned to the Exempt Category as defined herein. CateQories of Special Taxes Residential Category: The residential category includes each Developed Parcel within the District which is zoned for Residential Uses by the City ("Residential Category"). . The Maximum Special Tax that may be levied within Special Tax Area A for Fiscal Year 1998/99 on each Developed Parcel assigned to the Residential Category shall be $0.0844 per Building Square Foot. . The Maximum Special Tax that may be levied within Special Tax Area B for the Fiscal Year 1998/1999 on each Developed Parcel assigned to the Residential.......... Category shall be $0.1977 per Building Square F 00t.1 Said Maximum Special Tax Rates shall be increased or decreased each Fiscal Year thereafter by a factor which shall be the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All MJ$proJecucnuIaVl"a/97.'rpi doc __. ~~ lo-<o . . . Community Facility District No 97-1 July 1, 1998 Page 10 Items) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. Non-Residential Category The non-r~sidential category includes all Developed Parcels in the District which are not zCln~d by the City for Residential Uses ("Non-Residential Category") . -The Maximum Special Tax that may be levied within Special Tax Area A for the Fiscal Year 1998/99 on each Developed Parcel assigned to the Non-Residential Category shall be $1,143 per Acre (said amount to be levied pro rata for any portion of an Acre). . The Maximum Special Tax that may be levied within Special Tax Area B for the Fiscal Year 1998/99 on each Developed Parcel assigned to the Non-Residential Category shall be $2,538 per Acre (said amount to be levied pro rata for any portion of an Acre). Said Maximum Special Tax rates shall be increased or decreased each Fiscal Year thereafter by a factor which shall be the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. Exempt Category The exempt category includes each property owned by, conveyed or irrevocably offered for dedication to a public agency, land which is in the public right-of-way, unmanned utility easements which make utilization for other than the purpose set forth in the easement impractical, common areas, private streets and parks, and open space lots ("Exempt Category"). Vacant land Category The vacant land category includes each Parcel of Taxable Property assigned to the District not subject to a Special Tax under any other category described above ("Vacant land Category"). The Maximum Special Tax which may be levied on each Parcel within the Vacant Land Category for Fiscal Year 1998/99 shall be the rates set forth in Table 1 below (said amount to be levied pro rata for any portion of an Acre). Said Maximum Special Tax shall be increased or decreased each Fiscal Year thereafter by a factor which shall be the lesser of the annual percentage chan~nuary to January San Diego M1Sproleet!cnulavistal97,'rptdoc lo - q ~ Community Facility District No. 97-1 July 1, 1998 Page 11 """" Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. TABLE 1 Vacant Land Category . Maximum Special Tax Rate per Acre Special Tax Area Special Tax Area A Special Tax Area B Maximum Special Tax Rate $1,293/Acre $2,870/Acre Assionment to Cateoories of Special Taxes On or about July 1 of each year (but in any event in sufficient time to include the levy of the Special Taxes on the County's secured tax roll) the City shall assign each Parcel within the District to the Residential Category, Non-Residential Category, Exempt Category, or Vacant Land Category. Parcels subject to levy shall be determined based ""'"\ upon the records of the San Diego County Assessor. Levv and Apportionment of Special Taxes The City shall determine the Special Tax Liability of each Special Tax Area in each Fiscal Year on or about every July 1 (but in any event in sufficient time to Include the levy of the Special Taxes on the County's secured tax roll). Special Taxes shall then be levied on each Parcel assigned to the Residential Category Non-Residential Category, and Vacant Land Category within each Special Tax Area in the following order of priority: Step 1: Determine the maximum revenue which could be generated in each Special Tax Area by multiplying the total Building Square Footage of all Developed Parcels assigned to the Residential Category in each Special Tax Area by the Maximum Special Tax per Building Square Foot and adding to that the maximum Special Tax revenue which could be generated by multiplying the total Acreage of all Developed Parcels assigned to the Non-Residential Category in each Special Tax Area by the Maximum Special Tax per Acre. Step 2: If the total Special Tax revenue as calculated in Step 1 for the Special Tax Area is greater than the Special Tax Liability of such Special Tax Area, reduce """" the Special Tax for each Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal Year. M:/$projectichulavistai9i ~, rpt.doc lo-8)~fi . r. II -- . Community Facility District No. 97-1 July 1,1998 Page 12 Step 3: If the total Special Tax revenue as calculated in Step 1 is less than the Special Tax Liability of such Special Tax Area, a Special Tax shall be levied upon each Parcel assigned to the Vacant-Land Category. The Special Tax for the Vacant Land Category shall be calculated as the lessor of: (i) The Special Tax Liability for each Special Tax Area, less the total of funds , generated for all Parcels within that Special Tax Area under Step 1 above, divided by the total Acres for all Parcels assigned to the "Vacant Land Category" within that Special Tax Area. OR. (ii) the Maximum Special Tax rate for Parcels within that Special Tax Area. However, in the event it is determined that the Special Tax Liability for Special Tax Area A includes delinquent Special Taxes from Parcels In the Vacant Land Category from the prior Fiscal Year, the City shall determine the amount of such delinquent Special Taxes that arose from such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if any, that arose from each owner shall first be divided by the total Acres owned by such owner(s), and collected from the respective owner with the remaining portion of the Special Tax Liability not related to delinquent Special Taxes to be collected from Parcels in the Vacant Land Category according to the procedure set forth in the preceding paragraph. Step 4: The total Special Tax for each Parcel shall be the sum of the Special Taxes for each Special Tax Area in which a Parcel is located. lo-9 ~ M:/SprojectlchulaVlstal97 -, rpt doc . . . ORDINANCE NO. SECOND READING AND ADOPT/ON :< ? -.4- - ORDINANCE OF THE CITY COUNCn.. OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (pRESERVE MAINTENANCE DISTRICf), AUTHORIZING 11fE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCn.. of the CITY OF CHULA VISTA, CALIFORNIA (the "Legislative Body"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roes Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the" Act"). This Community Facilities District is designated as COMMUNITY FACn..lTlES DISTRICT NO. 97-2 (pRESERVE MAINTENANCE DISTRICT) (the "District"). BE IT ORDAINED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This Legislative Body does, by the passage of this ordinance, authorize the levy of special taxes at the rate and formula as set forth in Exhibit" A" attached hereto (the "Special Tax Formula"), referenced and so incorporated. SECTION 3. This Legislative Body is hereby further authorized, by Resolution, to determine the specific special tax rate and amount to be levied for the then current tax year or future tax years, except that the special tax rate to be levied shall not exceed the maximum special tax rate as authorized pursuant to the Special Tax Formula, but the special tax may be levied at a lower rate. SECTION 4. The proceeds of the above authorized and levied special tax may only be used to as authorized by the Special Tax Formula. The proceeds of the special tax shall be levied only so long as needed for its purpose, and shall not be used for any other purpose. SECTION 5. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary . S.ECTION 6. The above authorized special tax shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax 1- I INFORMATION PACKET SCANNED AT FIRST READING OF THIS ORDINANCE ON: ~(!r ob /qq/3 j: ceases to be levied by the legislative body of the local Agency in the manner provided in Section 53330.5 of said Government Code. """\ SECTION 7. This Ordinance and special tax shall be applicable for the referenced District, as well as any future annexations. SECTION 8. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933. INTRODUCED AND FIRST READ at a regular meeting of the City Council oftbe City of Chula Vista, California, on , 1998; AND THEREAFTER ADOPTED at a regular meeting of the City Council of the City of Chuia Vista, California, held on the day of , 1998, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Presented by """'" Approved as to form by John P. Lippitt, Director of Public Works ~ ~-{~- John M. Kaheny, City Attorney +-2 2 ~ """'" . e . Community Facilities District No. 97-2 July 1, 1998 Page 6 . " E.JA.I.li" P. Part IV - Rate and Method of Apportionment of Special Taxes ANNUAL TAX A Special Tax shall be levied annually on each Parcel of land within the Preserve Mainten-ance District, Community Facilities District No. 97-2 of the City of Chula Vista (the "District"), and collected according to the Special Tax Liability determined by the City of c:;hula Vista (the "City") through the application of the following procedures. All of the property within the District, unless otherwise exempted by law or the express provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below. All Parcels within the District are included within either Improvement Area A or Improvement Area B. A map of the Improvement areas is included as Exhibit B. All Special Taxes applicable to Parcels be collected in the same manner and at the same time as ordinary ad valorem property taxes, and Special Taxes so levied will be subject to the same penalties and procedures, sale and lien priority in case of delinquency as is provided for ad valorem taxes. DEFINITIONS Acre or Acreage means the area of a Parcel as shown on the latest maps of the Assessor of the County of San Diego, or if the area of such Parcel is not shown on such Assessor's maps, the area as shown on a current recorded subdivision map, parcel map, record of surveyor other recorded document creating or describing the Parcel. If the preceding maps are not available, the area shall be determined by the City Engineer. Administrative Expenses means the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of its counsel, any fees of the County related to the District or the collection of special taxes, an allocable share of the salaries of City staff directly related thereto and a proportionate amount of the City's general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the District, and all other costs and expenses of the City related to the District. Building Square Foot or Square Footage means the square footage as shown on a Parcel's building permit, excluding garages or other structures not used as living space. City means the City of Chula Vista. i=-~ / f\JI.'<nrniorl'("hlll~vic;\n~rvm~in8 dol. - - - ... o 0- Cll c:: X ce l- ce '13 Cll 0- m N , "- O'l o Z U .;:: iil o "' ~ '13 ce" u. >,CXl _en 'c en :J~ E..--"- E >, Cll 8:Jg' -.0. N I I'- Cl ~ ;', : ! . ! . , \ \ ~ o~ Z.-o U" ~~ 1-'-- ~USQ~ < C:::: 0 1Il :> '- V'l~ W o~ < U1 U >-= ~ 0 z %3 < <:=l= Z 0'" _tnWu::3 z w >- w _ :z <-- .:lEL----o w::: < !!!. >--l:::E>= 0_ < "'U <- c.. w:51J'l :>< >- -l.:.... e::: U w'- >-.~c I- e::: ,. zS5 :J 2 2 o U ~ = x '-' +-1- ~ ~ . "" " . ~ . . . ~ . . . ; :c ~ ~ ~ .. c :It a 5 : .:: o~i-~ z: Z ... ~ ... 't l..I : ~ ~ 3::; ~i~i=~ . iMil , \ ~ ...,. B~ <~ "'0 ,.'" ~~ ~::; 8S .:;;!...; 'rt;S z_ I ! , ~ """\ ~il ~1 ,"" .. . :: :.1 "I. " .;1 e'. ~l ." ..... EE3 . . . Community Facilities District No. 97-2 July 1, 1998 Page 8 Developed Parcel means Taxable Property for which a foundation building permit or other form of building permit has been issued as of March 1 of the preceding Fiscal Year. District means the Preserve Maintenance District Community Facilities District No. 97:2 of the City of Chula Vista. Final.Map means a recorded Tract Map or Parcel Map. Fiscal Year means the period starting on July 1 and ending the following June 30. Improvement Area means one of the two specific areas as shown in Exhibit 8. Maximum Special Tax means the maximum special tax that can be levied within each Improvement Area within CFD No. 97-2 by the City Council in any Fiscal Year for each Parcel of Taxable Property. Non-Residential Parcels shall include each Parcel within the District which is zoned for other than Residential Uses by the City. Non-Residential Uses shall include all Developed Parcels which are not zoned for Residential Uses including commercial, industrial, and Community Public Facilities (CPF). Operating Fund means a fund that shall be maintained for each Improvement Area within the District for any Fiscal Year to pay for Resource Monitoring and/or Preserve Operations and Maintenance activities and Administrative Expenses. Operating Fund Balance means the amount of funds in the Operating Fund for each Improvement Area at the end of the preceding Fiscal Year. Operating Fund Requirement means for any Fiscal Year an amount for each Improvement Area equal to the Resource Monitoring Fund Requirement and the Preserve Operations and Maintenance Fund Requirement for the current Fiscal Year in which Special Taxes are levied. Parcel means any San Diego County Assessor's Parcel or portion thereof that is within the boundaries of the District designated on a map of the San Diego County Assessor and which has been assigned a discrete identifying number on the equalized tax rolls of the County. Preserve Operations and Maintenance means those activities defined in Part II A. of the Special Tax Report dated July 1, 1998 for Community Facilities District No. 97-2 of the City of Chula Vista. 1- 5 ~ M 'ISoroiectlchu lavislosrvmai n8 .doc - - -- Community Facilities District No. 97-2 July 1,1998 Page 9 ~ Preserve Operations and Maintenance Fund Requirement means for any Fiscal Year an amount applicable to Improvement Area A equal to the budgeted costs for Preserve Operations and Maintenal1ce plus a pro-rata share of the budgeted Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied. Residential Parcels shall include each Parcel within the District which is zoned for Reside!1~ial Uses by the City. . Residential Uses shall include those residential uses as permitted in the City zoning ordinance. Reserve Fund means a fund that shall be maintained for each Improvement Area to provide necessary cash flow for the first six months of each Fiscal Year, working capital to cover monitoring, maintenance and repair cost overruns and delinquencies that may arise in connection with the collection of Special Taxes and a reasonable buffer against large variations in annual special tax amounts. Reserve Fund Balance means the amount of funds in the Reserve Fund at the end of the preceding Fiscal Year. ~ Reserve Fund Requirement means an amount equal to up to 100% of the Operating Fund Requirement for any Fiscal Year. Resource Monitoring Program means those activities defined in Part II B. of the Special Tax Report dated July 1,1998 for Community Facilities District No. 97-2 of the City of Chula Vista. Resource Monitoring Fund Requirement means for any Fiscal Year an amount for each Improvement Area equal to the Improvement Area's fair share of the budgeted costs of the Resource Monitoring Program plus a pro rata share of the budgeted Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied. An Improvement Area's "fair share" shall be based upon the Improvement Area's percentage of the total acreage within the Otay Ranch General Development Plan Planning Area for which a Resource Monitoring Program funding mechanism has been established. Special Tax means the special tax or special taxes actually levied within CFD No. 97-2 each Fiscal Year. Special Tax Liability for any Fiscal Year is an amount sufficient to pay the costs of an ~ Improvement Area within the District equal to: (i) the Resource Monitoring Fund Requirement, and Preserve Operations and Maintenance Fund Requirement, less the Operating Fund Balance, and (ii) the Reserve Fund Requirement, less the Reserve Fund Balance. 7 - Co ~~ _ .._''''~__._-..L'_L__'__'''':_I___.__:_ft ...1__ . . . Community Facilities District No. 97-2 July 1,1998 Page 10 Tax Categories are those Categories I, II and III described in the body hereof. Taxable Property is all real property 'Or Parcels within the boundaries of the District which are not exempt from the Special Tax pursuant to the law or which are not classified or assigned to the Exempt Category as defined herein. Cateaories of Soecial Taxes Category I Category I includes each Developed Parcel within the District. (Category I) The Maximum Special Tax for Resource Monitoring, and Preserve Operations and Maintenance that may be levied for Fiscal Year 1998/99 on each Developed Parcel shall be at the rates set forth in Table 1 below. For Residential Parcels the Special Tax shall be levied based upon Building Square Footage and for Non-Residential Parcels shall be levied based on Acreage. The Maximum Special Tax shall be increased or decreased each Fiscal Year thereafter by a factor which is the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. TABLE 1 Maximum Special Tax Category I Resource Operation & Monitoring Maintenance Residential Parcels SO.0049 per sq. ft. SO.0078 per sq. ft. Non-Residential Parcels S80.96 per Acre S128.53 per Acre Category 11 Category II includes each Parcel of Taxable Property within the District for which a Final Map has been recorded, but which is not classified as a Developed Parcel (Category II). The Maximum Special Tax for Resource Monitoring, and Preserve Operations and Maintenance that may be levied for Fiscal Year 1998/99 on each Parcel in Category II shall be as shown in Table 2 below (said amount to be levied pro rata for any portion of an Acre). Said Maximum Special Tax shall be increased or decreased each Fiscal Year thereafter by a factor which is the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated alifornia Fourth Quarter Per rJ-1-. M :ISproiectlchulavislpsrvmain8. doc Community Facilities District No. 97-2 July 1,1998 Page 11 Capita Personal Income as contained in the Governor's budget published every .......... January. TABLE 2 Maximum Special Tax Category II Resource Operation & Monitoring Maintenance $80.96 per Acre $128.53 per Acre Category III Category III includes each Parcel of Taxable Property within the District not subject to a Special Tax under any other category ("Category III"). The Maximum Special Tax which may be levied for Fiscal Year 1998/99 on Taxable Property within Category III shall be as shown in Table 3 below (said amount to be levied pro rata for any portion of an Acre). Said Maximum Special Tax shall be increased or decreased each Fiscal Year thereafter by a factor which is the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January."""" TABLE 3 Maximum Special Tax Category III Resource Operation & Monitoring Maintenance S51 .21 per Acre S81.30 per Acre Exempt Category The Exempt Category includes each property owned, conveyed or irrevocably offered for dedication to a public agency, or land which is in the public right-of-way, unmanned utility easements which make utilization for other than the purpose set forth in the easement impractical, common areas, private streets and parks, and open space lots ("Exempt Category"). AssiQnment to CateQories of Special Tax On or about July 1 of each year, (but in any event in sufficient time to include the levy of the Special Taxes on the County's secured tax roil), the City shall assign each Parcel within the District to Category I, Category II, Category III or the Exempt Category. Parcels subject to levy shall be determined based upon the records of the San Diego County Assessor. """ M:\Sprojectlchulavislpsrvmain8.doc 1-2 ~ . . . Community Facilities District No. 97-2 July 1, 1998 Page 12 Levv and Apportionment of Special Taxes The City shall determine the Special Tax Liability for each Improvement Area in each Fiscal Year on or about every July'\.. Special Taxes shall then be levied on each Parcel classified as the Category I, Category II, or Category III in the following order of priority: . Improvemimt Area A Step 1: Determine the revenue which could be generated by Parcels assigned to Category I by multiplying the Building Square Footage for Parcels classified as Residential Parcels by the Maximum Special Tax per Building Square Foot for Resource Monitoring, and Preserve Operations and Maintenance for Parcels and adding to that the maximum revenue which could be generated by multiplying the total acres for Parcels classified as Non-Residential Parcels by the Maximum Special Tax per Acre for Resource Monitoring and Preserve Operations and Maintenance. Step 2: If the total revenue as calculated in Step 1 is greater than the estimated Special Tax Liability for Improvement Area A, reduce the Special Tax for each Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal Year. Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liability for Improvement Area A, a Special Tax shall be levied upon each Parcel within Improvement Area A, classified as Category II. The Special Tax for Parcels assigned to Category II shall be calculated as the lessor of: (i) The Special Tax Liability for Improvement Area A as determined by the City, less the total revenue generated for all Parcels under Step 1 above, divided by the total Acres for all Parcels within Improvement Area A assigned to Category II, OR (ii) the Maximum Special Tax rate for Parcels assigned to Category II Step 4: If the total revenue as calculated in Step J and 3 is less than the Special Tax Liability, for Improvement Area A, a Special Tax shall be levied upon each Parcel within Improvement Area A classified as Category III. The Special Tax for Parcels assigned to Category III shall be calculated as the lessor of: (i) The Special Tax Liability for Improvement Area A as determined by the City, less the total revenue generated for all Parcels under Step 1 and 3 above, divided by the total Acres for all Parcels within Improvement Area A assigned to Category III, r7 _ C1. M:lSprojectlchulavislpsrvmain8.doc --r- /. Community Facilities District No. 97-2 July 1,1998 Page 13 ."""\ OR (ii) the Maximum Special Tax-rate for Parcels assigned to Category III and within Improvement Area A. However, in the event it is determined that the Special Tax Liability for Improvement Area A includes delinquent Special Taxes from Parcels in Category III from the prior Fiscai Year, the City shall determine the amount of delinquent taxes that arose from such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if any, that arose from the applicable owner(s) shall first be divided by the total Category III Acres owned by such owner(s) and collected from the applicable owner(s) with the remaining portion of the Special Tax Liability not related to delinquent Special Taxes to be collected from all Parcels in Category III according to the procedure set forth in the preceding paragraph. Improvement Area B Step 1: Determine the revenue which could be generated by Parcels assigned to Improvement Area S for Resource Monitoring by multiplying the total Acres for Parcels assigned to Category 1/1 by the Maximum Special Tax for Category III. """\ Step 2: If the total revenue as calculated in Step 1 is greater than the Special Tax Liability for Improvement Area S, reduce the Special Tax for each Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for Improvement Area B for the Fiscal Year. However, in the event it is determined that the Special Tax Liability for Improvement Area S includes delinquent Special Taxes from Parcels in Category III from the prior Fiscal Year, the City shall determine the amount of delinquent taxes that arose from such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if any, that arose from the applicable owner(s) shall first be divided by the total Category III Acres owned by such owner(s) and collected from the applicable owner(s) with the remaining portion of the Special Tax Liability not related to delinquent Special Taxes to be collected from all Parcels in Category III according to the procedure set forth in the Step 1 and Step 2 above. """\ M 'ISoroiectlch u lavislosrvmain8. doc !/-/G ~ . . . ORDINANCE NO. SECOND READING AND r'\DOPTlON ). 737 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 98-1 (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH, LLC-OVP-SPA ONE, VilLAGES 1 WEST, 2, 2 WEST, 6, 7 & PLANNING AREA 12]), AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "Legislative Body"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the" Act"). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 98-1 (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH, LLC-oVP-SPA ONE, VILLAGES I WEST, 2, 2 WEST, 6, 7 & PLANNING AREA 12]) (the "District"). BE IT ORDAINED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This Legislative Body does, by the passage of this ordinance, authorize the levy of special taxes at the rate and formula as set forth in Exhibit" A" attached hereto (the "Special Tax Formula"), referenced and so incorporated. SECTION 3. This Legislative Body is hereby further authorized, by Resolution, to determine the specific special tax rate and amount to be levied for the then current tax year or future tax years, except that the special tax rate to be levied shall not exceed the lIlaXimnm special tax rate as authorized pursuant to the Special Tax Formula, but the special tax may be levied at a lower rate. SECTION 4. The proceeds of the above authorized and levied special tax may only be used to as authorized by the Special Tax Formula. The proceeds of the special tax shall be levied only so long as needed for its purpose, and shall not be used for any other purpose. SECTION 5. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. - SECTION 6. The above authorized special tax shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State ofCalifomia, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue 8- 1 INFORMATION PACKET SCANNED AT FIRST READING OF THIS ORDINANCE ON: C){l.T 06 /"19&' Jzj:z in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ~ ceases to be levied by the legislative body of the local Agency in the manner provided in Section 53330.5 of said Government Code. SECTION 7. This Ordinance and special tax shall be applicable for the referenced District, as well as any future annexations. SECTION 8. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933. INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Chula Vista, California, on , 1998; AND THEREAFTER ADOPTED at a regular meeting of the City Council of the City of Chula Vista, California, held on the day of , 1998, by the following vote: AYES: NOES: ABSTAIN: ABSENT: -"'""\ Presented by Approved as to form by John P. Lippitt, Director of Public Works 0--- ~"'"\,~ 1ru-..... John M. Kaheny, City Attorney (3 - 2 ~ ~ . u n r . . , . CommunityFacility District No 98-1 July 1,1998 Page 6 \,' ;. C'l<\.-:,\.:l" A Special Tax Report Part N . Rate and Method of Apportionment of Special Taxes ANNUAL TAX A Special Tax shall be levied annually on land within Community Facilities District No. 98-1 (Interim Open Space Maintenance District) of the City of Chula Vista (the "District"), and collected according to the Special Tax Liability determined by the City of Chula Vista (the 'City") through.the application of the following procedures. All of the property within the District, unless othe(Wise exempted by law or the express provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below. All Special Taxes applicable to Parcels shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, and that Special Taxes so levied will be subject to the same penalties and procedures, sale and lien priority in case of delinquency as is provided for ad valorem taxes. DEFINITIONS Acre or Acreage means the area of a Parcel as shown on the latest maps of the Assessor of the County of San Diego, or, if the area of such Parcel is not shown on such Assessor's maps, the area as shown on a current recorded subdivision map, parcel map, record of surveyor other recorded document creating or describing the Parcel. If the preceding maps are not available, the area shall be determined by the City Engineer. Administrative Expenses means the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the Special Taxes) including the fees and expenses of its counsel. Any fees of the County related to the District or the collection of Special Taxes, an allocable share of the salaries of City staff directly related thereto, any amounts paid by the City from its general fund with respect to the District, and expenses incurred by the City in undertaking actions to foreclose on properties for which the payment of Special Taxes is delinquent, and all other costs and expenses of the City related to the District. City means the City of Chula Vista District means the Interim Open Space Maintenance District - SPA One (Villages One West, Two West, and portions of Villages Two, Six, Seven and Planning Area 12) of the Co"mmunity Facilities District No. 98-1 of the City of Chula Vista. Facilities means those improvements defined in Part II of the Special Tax Report dated July 1, 1998 for Community Facilities District No. 98-1 of the City of Chula Vista. Fiscal Year means the period starting on July 1 and ending the following June 30. B-3 /~ ? M:/$projed/chulavista/CFD98-1 .2.doc Community Facility District No. 98-1 July 1, 1998 Page 7 Special Tax Report -...., Maximum Special Tax means the maximum special tax that can be levied within CFD No. 98-1 by the City Council in any Fiscal Year for each Parcel of Taxable Property. Operating Fund means a fund that shall be maintained within the District for any Fiscal Year to pay for the 'actual costs of maintenance, repair, and replacement of the Facilities, and the Administrative ,Expenses. Operating Fund Balance means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. Operating Fund Requirement means for any Fiscal Year an amount equal to the budgeted costs of the maintenance, repair and replacement of the Facilities which have been accepted and maintained by the District or are reasonably expected to be accepted and maintained by the District during the current Fiscal Year plus the budgeted Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied. Parcel means any San Diego County Assessor's Parcel or portion thereof that is within the boundaries of the District designated on a map of the San Diego County Assessor and which has been assigned a discrete identifying number on the equalized tax rolls of the County. -...., Reserve Fund means a fund that shall be maintained to provide necessary cash flow for operations and maintenance for the first six months of each Fiscal Year, working capital to cover maintenance and repair cost overruns and delinquencies that may arise in connection with the collection of Special Taxes and a reasonable buffer against large variations in annual special tax amounts. Reserve Fund Balance means the amount of funds in the Reserve Fund at the end of the preceding Fiscal Year. Reserve Fund Requirement means the required balance in the Reserve Fund equal to up to 100% of the Operating Fund Requirement. Special Tax means the special tax or special taxes actually levied within CFD No. 98-1. Special Tax Liability for any Fiscal Year is an amount determined sufficient to pay the costs of the District, including: (i) the amount required to be deposited into the Operating Fund to meet the Operating Fund Requirement, less the Operating- Fund Balance, and (ii) the total amount required to be deposited into the Reserve Fund if any, to meet the Reserve Fund Requirement, less the Reserve Fund Balance. -...., M:/SprojectJchulavislalCFDS8-1.2.doc 8-1 ~ . . . Community Facility District No. 98-1 July 1,1998 Page 8 Special Tax Report Taxable Property is all real property or Parcels within the boundaries of the District which are not exempt from the Special Tax pursuant to law, or which are not classified or assigned to the Exempt Category as defined herein. Cateoories of Special Taxes Taxable Category The taxable land category includes each Parcel of Taxable Property assigned to the District (Taxable Ca~egory). - - The Maximum Special Tax which may be levied on each Parcel within the Taxable Category for Fiscal Year 1998/99 shall be $103 per Acre (said amount to be levied pro rata for any portion of an Acre). Said Maximum Special Tax shall be increased or decreased each Fiscal Year thereafter by a factor which shall be the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. Exempt Category The exempt category includes each property owned by, conveyed or irrevocably offered for dedication to a public agency, land which is in the public right-of-way, unmanned utility easements which make utilization for other than the purpose set forth in the easement impractical, common areas, private streets and parks, and open space lots (Exempt Category). Assionment to Cateoories of Special Taxes On or about July 1 of each year (but in any event in sufficient time to include the levy of the Special Taxes on the County's secured tax roll) the City shall assign each Parcel within the District to the Taxable Category, or Exempt Category. Parcels subject to levy shall be determined based upon the records of the San Diego County Assessor. Levy and Apportionment of Special Taxes The City shall determine the Special Tax Liability for the District in each Fiscal Year on or about every July 1 (but in any event in sufficient time to include the levy of the Special Taxes on the County's secured tax roll). Special Taxes shall then be levied on each Parcel within the District as follows: Step 1: The Special Tax per Acre for Parcels assigned to the Taxable Category shall be calculated as the lessor of: (i) The Special Tax Liability for the District as determined by the City, divided by the total Acres for all Parcels assigned to the Taxable Category, M1$projecUchuIaYistalCFD98-1.2.doc ---- 6-~ ~ Community Facility District No. 98-1 July 1, 1998 Page 9 Special Tax RepC'r1 OR, .-.., (ii) the Maximum Special Tax rate for Parcels assigned to the Taxable Category L Step 2: The City shall advise the owner of Parcels within the District of the Special Tax Liability for the next Fiscal Year. ~ Step 3: The owner(s) of Parcels within the District, may at its election, deposit funds with the City prior to July 15 each Fiscal Year, in an amount equal to the Parcel's Special Tax which shall be deposited into the Operating Fund and Reserve Fund of the District. r Step 4: If the funds deposited with the City is less than the Parcel's Special Tax for the Fiscal Year, then a Special Tax shall be levied equal to the Parcel's Special Tax as determined in Step 1 minus any funds deposited for the current Fiscal Year pursuant to Step 3. -., ... , . ~ -"'" M:/Sproject!chulavislalCFD98-1 .2.doc 8-Co .~ . . . ORDINANCE NO. SECOND READING J?5'Y AND ADOPTION ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 98-2 (OPEN SPACE MAINTENANCE DISTRICT [MCMILLIN - D.A. AMERICA, OTAY RANCH - SPA TWO, VILLAGES 6&7]), AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "Legislative Body"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the "Act"). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 98-2 (OPEN SPACE MAINTENANCE DISTRICT [MCMILLIN - D.A. AMERICA, OTAY RANCH - SPA TWO, VILLAGES 6&7]) (the "District"). BE IT ORDAINED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This Legislative Body does, by the passage of this ordinance, authorize the levy of special taxes at the rate and formula as set forth in Exhibit "A" attached hereto (the "Special Tax Formula"), referenced and so incorporated. SECTION 3. This Legislative Body is hereby further authorized, by Resolution, to determine the specific special tax rate and amount to be levied for the then current tax year or future tax years, except that the special tax rate to be levied shall not exceed the maximum special tax rate as authorized pursuant to the Special Tax Formula, but the special tax may be levied at a lower rate. SECTION 4. The proceeds of the above authorized and levied special tax may only be used to as authorized by the Special Tax Formula. The proceeds of the special tax shall be levied only so long as needed for its purpose, and shall not be used for any other purpose. SECTION 5. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. SECTION 6. The above authorized special tax sliall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue C\- 1 INFORMATION PACKET SCANNED AT FIRST READING OF THIS ORDINANCE ON: ocr oG I qq8 /~ in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ~ ceases to be levied by the legislative body of the local Agency in the manner provided in Section 53330.5 of said Government Code. SECTION 7. This Ordinance and special tax shall be applicable for the referenced District, as well as any future annexations. SECTION 8. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (I5) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933. INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City ofChula Vista, California, on , 1998; AND THEREAFTER ADOPTED at a regular meeting of the City Council of the City of Chula Vista, California, held on the day of , 1998, by the following vote: AYES: NOES: ABSTAIN: ABSENT: """'"" Presented by Approved as to form by John p, Lippitt, Director of Public Works 0....- ~'-L~ John M. Kaheny, City Attorney I / . / q - 2 ~ """"" . u n d -- -' ~, I' E",(A.\a-;l f\ Community Facility District No. 98-2 July 1,1998 Page 5 Special Tax Report Part IV - Rate and Method of Apportionment of Special Taxes ANNUAL TAX A Special T:ax shall be levied annually on land within Community Facilities District No. 98-2 (Interim Open Space Maintenance District) of the City of Chula Vista (the "District"), and collected according to the Special Tax Liability determined by the City of Chula Vista (the 'City") through the application of the following procedures. All of the property within the District, unless. 9therwise exempted by law or the express provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below. All Special Taxes applicable to Parcels shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, and that Special Taxes so levied will be subject to the same penalties and procedures, sale and lien priority in case of delinquency as is provided for ad valorem taxes. DEFINITIONS Acre or Acreage means the area of a Parcel as shown on the latest maps of the Assessor of the County of San Diego, or, if the area of such Parcel is not shown on such Assessor's maps. the area as shown on a current recorded subdivision map, parcel map, record of surveyor other recorded document creating or describing the Parcel. If the preceding maps are not available, the area shall be determined by the City Engineer. Administrative Expenses means the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the Special Taxes) including the fees and expenses of its counsel. Any fees of the County related to the District or the collection of Special Taxes, an allocable share of the salaries of City staff directly related thereto, any amounts paid by the City from its general fund with respect to the District, and expenses incurred by the City in undertaking actions to foreclose on properties for which the payment of Special Taxes is delinquent, and all other costs and expenses of the City related to the District. City means the City of Chula Vista District means the Interim Open Space Maintenance District - SPA Two (Villages 6 & 7) of the Community Facilities District No. 98-2 of the City of Chula Vista. Facilities means those improvements defined in Part II of the Special Tax Report dated July 1, 1998 for Community Facilities District No. 98-2 of the City of Chula Vista. ~. Fiscal Year means the period starting on July 1 and ending the following June 30. q,--~ ~ M:/$projectlchulavista/CF098-2.1.doc Community Facility District No. 98-2 July 1, 1998 Page 6 Special Tax Report .""", Maximum Special Tax means the maximum special tax that can be levied within CFD No. 98-2 by the City Council in any Fiscal Year for each Parcel of Taxable Property. Operating Fund means a fund that shall be maintained within the District for any Fiscal Year to pay for the actual costs of maintenance, repair, and replacement of the Facilities, and the Administrative Expenses. ., ., Operating .Fund Balance means the amount of funds in the Operating Fund at the end of the. preceqil}g Fiscal Year. Operating Fund Requirement means for any Fiscal Year an amount equal to the budgeted costs of the maintenance, repair and replacement of the Facilities which have been accepted and maintained by the District or are reasonably expected to be accepted and maintained by the District during the current Fiscal Year plus the budgeted Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied. Parcel means any San Diego County Assessor's Parcel or portion thereof that is within the boundaries of the District designated on a map of the San Diego County Assessor and which has been assigned a discrete identifying number on the equalized tax rolls of the County. Reserve Fund means a fund that shall be maintained to provide necessary cash flow for operations and maintenance for the first six months of each Fiscal Year, working capital to cover maintenance and repair cost overruns and delinquencies that may arise in connection with the collection of Special Taxes and a reasonable buffer against large variations in annual special tax amounts. ""'" .\ Reserve Fund Balance means the amount of funds in the Reserve Fund at the end of the preceding Fiscal Year. Reserve Fund Requirement means the required balance in the Reserve Fund equal to up to 100% of the Operating Fund Requirement. Special Tax means the special tax or special taxes actually levied within CFD No. 98-2. Spec:ial Tax liability for any Fiscal Year is an amount determined sufficient to pay the costs of the District, including: (i) the amount required to be deposited into the Operating Fund to meet the Operating Fund Requirement, less the Operating Fund Balance, and (ii) the total amount required to be deposited into the Reserve Fund if any; to meet the Reserve Fund Requirement, less the Reserve Fund Balance. Taxable Property is all real property or Parcels within the boundaries of the District which are not exempt from the Special Tax pursuant to law, or which are not classified or assigned to the Exempt Category as defined herein. ~ - f ~ ""'" M:J$projectlchulavista/CFD98-2.1 .doc . - e ~ , ' Community Facility District No. 98-2 July 1, 1998 Page 7 Special Tax Report Cateaories of Special Taxes Taxable Category The taxable land category includes each Parcel of Taxable Property assigned to the District (Taxable Category). The Maxi[T1\Jm Special Tax which may be levied on each Parcel within the Taxable Category for Fiscal Year 1998/99 shall be $47.52 per Acre (said amount to be levied pro rata for any portion of an Acre). Said Maximum Special Tax shall be increased or decreased each Fiscal Year thereafter by a factor which shall be the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. Exempt Category The exempt category includes each property owned by, conveyed or irrevocably offered for dedication to a public agency, land which is in the public right-of-way, unmanned utility easements which make utilization for other than the purpose set forth in the easement impractical, common areas, private streets and parks, and open space lots ("Exempt Category"). Assianment to Cateaories of Special Taxes On or about July 1 of each year (but in any event in sufficient time to include the levy of the Special Taxes on the County's secured tax roll) the City shall assign each Parcel within the District to the Taxable Category, or Exempt Category. Parcels subject to levy shall be determined based upon the records of the San Diego County Assessor. LeVY and Apportionment of Special Taxes The City shall determine the Special Tax Liability for the District in each Fiscal Year on or about every July 1 (but in any event in sufficient time to include the levy of the Special Taxes on the County's secured tax roll). Special Taxes shall then be levied on each Parcel within the District as follows: Step 1: The Special Tax for Parcels assigned to the. Taxable Category shall be calculated as the lessor of: (i) The Special Tax Liability for the District as determined by the City, divided by the total Acres for all Parcels assigned to the Taxable Category, q-S ~~ OR, M:/$projecUchulavista/CFD98-2.1.doc , Community Facility District No. 98-2 July 1,1998 Page 8 Special Tax Report "'"" (ii) the Maximum Special Tax rate for Parcels assigned to the Taxable Category L Step 2: The City shall advise the owner of Parcels within the District of the Special Tax Liability for the next Fiscal Year. r I . , Step 3: The owner(s) of Parcels within the District, may at its election, deposit funds with the City prior to July 15 of each Fiscal Year, in an amount equal to the Parcel's Special _ cTax' which shall be deposited into the Operating Fund and Reserve Fund of the District. Step 4: If the funds deposited with the City are less than the Parcel's Special Tax obligation for the Fiscal Year, then a Special Tax shall be levied equal to the Parcel's Special Tax as determined in Step 1 minus any funds deposited for the current Fiscal Year pursuant to Step 3. .......... ....; """'l \ M:I$projectlchulavista/CFD98-2.1.doc ~'-cO /~ ~~ ORDINANCE NO. :2, 75Y ~Q ',,~ ,. \f~ ~ .~ '~ ~ ~ 'Q ~ . AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE 2579 RELATING TO ESTABLISHING A PROCEDURE FOR FEE WAIVER OR REDUCTION WITHIN THE INTERIM PRE-SR125 DEVELOPMENT IMPACT FEE WHEREAS, Ordinance No. 2579 establishing an interim pre- SR125 Development Impact fee to pay for transportation facilities in the city's eastern territories was adopted by the City Council on January 4, 1994; and WHEREAS, as adopted, that ordinance did not have a procedure for fee waiver or reduction; and WHEREAS, based on a recent development which paid an estimated fee with an understanding that actual traffic generation rates would be studied after the project was opened, a portion of the fee payment should be refunded; and WHEREAS, therefore, Ordinance 2579 needs to be amended to adopt regulations permitting such a refund. . The City Council of the City of Chula vista does hereby ordain as follows: SECTION I: That Ordinance No. 2579 is hereby amended by adding a new section 5 to establish a procedure for fee waiver or reduction for the Pre-SR125 Development Impact Fee to read as follows: SECTION 5. Refund Provision. . Anv developer who. because of the nature or tvpe of uses proposed for a development proiect contends that application of the fee imposed is unconstitutional. unrelated to mitiqation of the traffic needs or burdens of the development. or may have been incorrectlY assessed, may apply for a waiver or reduction of the fee. The application for the waiver or reduction shall be made in writinq and filed with the City Enqineer not later than the (10) days after notice of public hearinq on the development permit application is qiven. or if no development permit is required, at the time of the filinq of the buildinq permit application. The application for a waiver or reduction shall state in detail the factual basis for the claim of waiver or reduction. The City Council shall consider the application for a waiver or reduction within sixty (60) days after its filinq or as \0- I INFORMATION PACKET SCANNED AT FIRST READING OF THIS ORDINANCE ON: CJC? r 6<6 / 9 '7 g . . . otherwise mutually aqreed upon by the developer and the City and that the decision of the City Council shall be final. It further provides that if a reduction or waiver is qranted. any chanqe in use within the prolect shall SUbl ect the development to payment of the fee. The procedure provided bY this section is additional to any other procedure authorized by law for protestinq or challenqinq the fee imposed by this ordinance. SECTION II: This ordinance shall take effect and be in full force on the sixtieth day from and after its second reading and adoption. Presented by Approved as to form by (l~ If'vlo1~ D -b John M. Kaheny, city ~ torney John P. Lippitt, Director of Public Works H:\home\lorraine\or\ord2579 10-2, ORDINANCE NO. 2. 7~tl ~\^ '0 ~ (:) ~~ ~ ~ -1~ (:) -1<b ~~ ~ ~ . AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 19 OF THE MUNICIPAL CODE TO MODIFY SECTION 19.64.150 AND ADD SECTION 19.64.190 RELATING TO RECONSTRUCTION OF NON- CONFORMING NON-RESIDENTIAL STRUCTURES WITHIN THE CITY OF CHULA VISTA. WHEREAS, the current Zoning Ordinance allows non-residential units which are nonconforming due to current zoning to be reconstructed only if 60 % or less of the value of the building is damaged/destroyed; and WHEREAS, an application was submitted requesting staff to investiagate the possiblity of allowing the issuance of a permit to allow reconstruction of said structures in the event of 100 % destruction; WHEREAS, a previous amendment was adopted allowing non-conforming residential units to be reconstruction in the event of 100% destruction (if outside the industrially zoned areas); and . WHEREAS, the Planning Commission set the time and place for a hearing on said amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city at least ten days prior to the hearing, and WHEREAS, the hearing was held at the time and place as advertised, namely September 23, 1998, at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, and WHEREAS, the Environmental Review Coordinator has determined that this ordinance amendment is exempt from CEQA under the general rule exemption Section 15061(b)(3). The City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That Section 19.64.150 of the Chula Vista Municipal Code is hereby amended to read as follows: Section 19.64-150 Non-residential structures-Replacement restrictions . Any non-residential nonconforming building damage more than sixty percent of its value, as established by the director of planning and building llIla R811sillg, at the time of damage by fire, explosion, wind, earthquake, war, riot, or other calamity or act of God, shall not be restored or reconstructed and used before such happening; but if less than sixty percent damaged, it may be restored, reconstructed or used as before, provided that such be initiated within six months and be substantially completed within twelve monthr of such beginning. The aforementioned provision shall be sunprr~ ~ . eKE 1 reconstruction if 100% destroved. if a reconstruction p Mil-lION 1 I'JII-OING twelve months following destruction of said non-res I N fNON~O 11-1 fl~~CE ON: allowed bv Section 19.64.190. ~~lI-lf\IS OROIN I q q '8 C;e.r 01'0 l \ - \ ~. . . . \ ,. [ SECTION II: That Section 19.64.190 is hereby added to the Chula Vista Municipal Code to read as follows: Section 19.64.190- Reconstruction Permits A Reconstruction Permit may be approyed to allow for the reconstruction of a non- residential non-conforming: structure in the eyent that such building has been damaged or destroyed by fire, explosion or act of God. Said permit shall allow for reconstruction consistent with the original configuration of the building with the excePtion that no reconstruction can take place with the Citys current right-of-way. The Zoning Administrator. in accordance with Municipal Code Section 19.14.180 and following a noticed public hearing, may approye a reconstruction permit based upon the following findings: L The nonconformity of the building was not caused by any action of the building owner. b The granting of the reconstruction permit will not cause the reconstruction of a building, with a non-conformity which is or will be materially detrimental or iniurious to the neighborhood or public welfare based upon factors including but not limited to parking, traffic. noise and incompatible land uses in the inunediate surrounding area. .1. The reconstruction does not exceed the existing non-conformity. 4. There are specific site constraints affecting the property which would make conformance with current zoning regulations an undue hardship and burden on the propertY owner. Such site constraints include but are not limited to factors such as minimal street frontage or limited vehicular access to the site. ~ The non-conformity allowed by the permit shall only apply to its current use. Said reconstruction permit shall be conditioned in that any new construction must meet current Building and Fire Codes and not be permitted within the City right of way. The director of planning and building may waive certain other current development standards including building setbacks and landscaping regulations based upon hardship and upon the finding they will not cause a detrimental impact to the surrounding area. SECTION 1II: This ordinance shall take effect and be in full force on the thirtieth day after its second reading and adoption. Presented by Approved as to form by 0-- ~-k-- John M. Kaheny City Attorney Robert A. Leiter Director of Planning H :\SHARED\A ITORNEY\ORD. REC \\-,'0 COUNCIL AGENDA STATEMENT ITEM / c2, MEETING DATE 10/13/98 ITEM TITLE: n I 0 J9;;"/ <l- C-1:L' . S L'b C-'"'' LOb neso utlon accepting lUllorma tate I rary - i:UU.orma I rary Services Act Families For Litera<;y grant funds awarded to the Chula Vista Literacy Team, appropriating funds, and amending the FY 1998- 99 budget to include a .35 FTE positions. SUBMITTED BY: Director of Library and Recreaf REVIEWED BY: City Manage~ (4/5ths Vote: YES _ N-X) The Chula Vista Literacy Team has been awar d a California Library Services Act Families For Literacy grant from the California State Library to develop and offer special family literacy services to adult learners and their young children. This is the eighth year that the Literacy Team has been awarded this grant. These funds cannot be used to supplant the current tutor reading program. RECOMMENDATION: That Council adopt the resolution accepting the Families For Literacy grant funds, appropriating funds and amending the FY 1998-99 budget to include .3 5 FTE positions. BOARD/COMMISSION RECOMMENDATION: On 4/22/98, the Library Board of Trustees voted to support the Library's application for CLSA Families For Litera<;y grant funds. (See Attachment A.) DISCUSSION: The Chula Vista Literacy Team has offered family literacy programming for the past seven years. The Family Reading Program was developed to break the intergenerational cycle of illiteracy by providing in-service training for volunteer tutors whose learners are parents of young children, special library programming for those learners and their families, and a home collection of quality children's books and magazines for each participating family. The program involves a partnership with the Chula Vista Coordinating Council (Healthy Start collaborative). The grant includes funds to contract with an FFL Support Coordinator, as well a .35 clerical assistant. FISCAL IMPACT: $21,000 will be received to implement this program through the Chula Vista Literacy Team. These funds will be appropriated into fund 216 - 2163. (See Attachment B.) /02-/ ATTACHMENT A Ubrary Board of TrIlstees .2. April 22, 1998 rn. NEW BUSINESS A. Community Leadership Council Chair Clover reported that she had met with Consultant Jerry Buckley and members of the Friends the previous week. She explained that the Leadership Council would be a fund-raising entity for the Library. Trustees reviewed and amended the Leadership Council Mission Statement. (copy attached) MSUC (CloverNiesca) that the Library Board endorses the Leadership Council's Mission statement as amended. Trustees suggested that Leadership Council members receive copies of the Library Board's minutes and also a membership to the California Library Association. B. Families for Literacy Grant - This is the seventh year that the Literacy Team has participated in this program C. Student Academic Partnership Grant - School District grant request that the Literacy Team is participating in D. Even Start Family Literacy Grant - The Literacy Team is applying for these funds on behalf of the school district E. Lila Wallace Reader's Digest Planning Grant - This grant is to plan for a $500,000 Three-year grant. This is a very prestigious grant. MSUC (Viesca/Charett) to endorse the Library's application for the above four grants. F. Bonita/Sunnyside Library Director Palmer reported that the concept of moving the County Library's Bonita/Sunnyside Branch Library into Rohr Manor is being explored. IV. LffiRARY DIRECTOR'S REPORT A. Automated Library Circulation, OP AC, Inventory Control System The process of replacing the Library's INLEX circulation system has begun. Approximately $650,000 in Development Impact Fees and CLSA monies will be used for this purchase. )c2-;J- RESOLUTION NO. /9:<.) t2.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING CALIFORNIA STATE LIBRARY - CALIFORNIA LIBRARY SERVICES ACT, FAMILIES FOR LITERACY GRANT FUNDS AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING FY 1998-99 BUDGET TO INCLUDE .35 FULL TIME EQUIVALENT (FTE) POSITIONS WHEREAS, the Chula vista Literacy Team has been awarded a California Library Services Act Families For Literacy (FFL) grant from the California State Library to develop and offer special family literacy services to adult learners and their young children which is the eighth year that the Literacy Team has been awarded this grant; and WHEREAS, these funds cannot be used to supplant the current tutor reading program; and WHEREAS, the grant includes funds to contract with an FFL Support Coordinator, as well as a .35 clerical assistant. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby accept the $21,000 California State Library - California Library Services Act, Families for Literacy grant funds awarded to the Chula Vista Literacy Team. BE IT FURTHER RESOLVED that the FY 1998-99 budget is amended to appropriate $21,000 to Account 216-2163 as set forth in Attachment B, attached hereto and incorporated herein by reference as if set forth in full. Presented by Approved as to form by David Palmer, Director of Library and Recreation ~ Kaheny, city: torney H:\home\lorraine\rs\CLSA /2---J .;) flU i-'-J ATTACHMENT B FAMILIES FOR LITERACY BUDGET FY 1998-99 10/13/98 BUDGET ACCOUNT. 216-2163 5105 - Hourly Waqes: $6,463. .35 Clerical Aid 5143 - Medicare (1.45%) $95. 5145 - PARS (3.75%) $242. 5301 - Office/Proqram Supplies: $500. 5319 - Family Literacy Resources: $1,000. 5298 - Other Contractual FFL Support Coordinator parenting Instructor (s) $11,480. 5398 - Other Commodities $1,220. TOTAL. $21,000. /)-( /',J if" . " ATTACHMENT B FAMILIES FOR LITERACY BUDGET FY 1998-99 10/13/98 BUDGET ACCOUNT: 216-2163 5105 - HourlY Waqes: $6,463. .35 Clerical Aid 5143 - Medicare (1.45%) $95. 5145 - PARS (3.75%) $242. 5301 - Office/proqram Supplies: $500. 5319 - Family Literacy Resources: $1,000. 5298 - Other Contractual FFL Support Coordinator Parenting Instructor (s) $11,480. 5398 - Other Commodities $1,220. TOTAL: $21,000. /;2-( ITEM TITLE: Item_ /3 Meeting Date 10/13/98 Resolution / f.< /3 Approving Cooperative Agreement No. 11-4269 with the State of California, Department of Transportation, for the construction of improvements to the I-805/Telegraph Canyon Road interchange and authorizing the Mayor to Sig~ ~greement. SUBMITTED BY: Director of Public Works qtfn REVIEWED BY, c;" "-~tzJ ~ In February 1996 staff initiated design efforts aimed at implementing the final phase of planned improvements at the I-805/Telegraph Canyon Road interchange. The primary objective of this project is to improve the flow of traffic along eastbound Telegraph Canyon Road through the interchange, thereby complementing previous improvements made for westbound travel. The plans are nearly complete and Caltrans will be issuing an encroachment permit soon. Caltrans has agreed to pay an estimated $205,214 for certain items of work and to furnish at their cost a resident engineer during the construction phase. In order to proceed, the City needs to enter into a cooperative agreement with Caltrans for use of their funding and the services of the resident engineer. COUNCIL AGENDA STATEMENT (4/5ths Vote: Yes_No..x.) RECOMMENDATION: That the City Council approve the agreement with the State of California, Department of Transportation, for the construction of improvements to the 1- 805/Telegraph Canyon Road interchange and authorize the Mayor to sign the agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: As reported to the City Council on February 24, 1998, City staff has been working with Caltrans and the community to complete improvements to the I-805/Telegraph interchange. Based on these discussions, the construction plans include the following work: 1. Widen eastbound Telegraph Canyon Road to provide an additional eastbound through lane at the interchange. 2. Reconfigure eastbound Telegraph Canyon Road to eliminate the left-turn trap lane. 3. Add a partial raised median on Telegraph Canyon Road opposite the Halecrest Drive to prohibit left turns out of Halecrest. Left turns will still be allowed into Halecrest and motorists exiting the freeway on the northbound off-ramp will also be able to safely access Halecrest. /3.-/ Page 2, Item _ Meeting Date 10/13/98 4. Install a traffic signal at the existing access to the adjacent shopping center located midway between Halecrest and Crest. 5. Widen the northbound off-ramp to provide three lanes onto Telegraph Canyon Road. Two of the lanes will be for right turns and the center lane will be used for access to the turn pocket into Halecrest. 6. Add a second off-ramp lane from the southbound freeway. Currently only one exit lane exists now and Caltrans required the additional capacity at the beginning of the off-ramp. 7. Widen and realign the southbound to eastbound freeway off-ramp, and "square" the ramp terminus with the City street. Currently, this off-ramp is a continuous loop ramp entering the street without a stop into an exclusive eastbound through lane. This will allow for signalization at this location, help eliminate merging conflicts on eastbound Telegraph Canyon Road and provide three eastbound through lanes. Due to some of the addition of work required by Caltrans, the estimated cost of the work increased significantly. However, city staff was successful in negotiating a contribution from Caltrans' Minor Program funds to help defray the costs of these requested modifications. In addition, Caltrans District Director Gary Gallegos has agreed to provide the services of a Resident Engineer at State cost to oversee construction of the project. This will help reduce the City's inspection costs. City staff has worked with Caltrans through their Cooperative Agreement Report procedures and have now received the actual Cooperative Agreement which needs to be approved. Under the agreement, the City is responsible for the following items: 1. To bear the cost of construction engineering, except that of the State's resident engineer. 2. To advertise, award, and administer the construction contract for the project in accordance with the State's guidelines and to construct the project in accordance with the plans and specifications to the satisfaction of and subject to the approval of the State. 3. To pay the City's share of the actual capital construction costs of the project which is estimated at $1,795,000 and, upon completion, to furnish the State with a detailed statement of the total construction costs to be borne by the State. If the State's share of the cost is less than the amount of the State's deposit, City is to refund any unused portion of the deposit. 4. To reimburse the State for the City's proportional share of the cost of maintenance of the traffic control signals and safety lighting. /J~2 Page 3, Item _ Meeting Date 10/13/98 Under the agreement, the State is responsible for the following items: 1. To deposit with the City the amount of $205,214, which figure represents the State's estimated share of the construction costs, and to pay the actual capital construction costs for the southbound loop off-ramp up to a maximum of $300,000. 2. To provide to the City, at no cost to the City, a Resident Engineer to perform those services included in State's oversight responsibility for construction of the project. 3. To maintain the entire traffic control signals and safety lighting (within the limits of the freeway off-ramps - Caltrans' jurisdiction), and to pay their proportionate share of those costs. In addition, the State will pay 100 % of the operational costs of the traffic control signals. The operational costs are those costs to time and operate the system and are separate from the electrical and maintenance costs. The City will be fully responsible for all costs of operation and maintenance of the new signal at the entrance to the shopping center. Since February 1996 staff has held two public meetings on this project for which over 1000 notices were sent to the community, including the shopping center. In addition, these public meetings have been followed up with a report to the Council on the status at which the public was able to express their concerns. Staff also specifically contacted the shopping center owners in the early stages of the design to get their input on the project, including the installation of the traffic signal at their entrance. FISCAL IMPACT: The estimated construction cost for this project is $1,750,000. Including design, construction administration and inspection, the total cost is $2,350,000 and that amount is included in the current CIP budget. Of that amount an estimated $205,214 will be reimbursed by the State for work on the southbound off-ramp. Depending on the bids received the reimbursement may change to reflect the actual cost, but the State's maximum contribution is capped at $300,000. If the items the State is responsible for is less, the reimbursement will be less. In addition, the assigmnent of a resident engineer by the State will reduce by a minor amount our inspection costs. H:\HOME\ENGINEER\AGENDA \S05TCR3. CLS October 7, 1998 (lO:07am) / J---3 RESOLUTION NO. )'1,2/ J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING COOPERATIVE AGREEMENT NO. 11-4269 WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION OF IMPROVEMENT TO THE 1- 80S/TELEGRAPH CANYON ROAD INTERCHANGE AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WHEREAS, efforts aimed at improvements at the in February, 1996, staff initiated design implementing the final phase of planned I-80S/Telegraph Canyon Road interchange; and WHEREAS, the primary objective of this project is to improve the flow of traffic along eastbound Telegraph Canyon Road through the interchange, thereby complementing previous improvements made for westbound travel; and WHEREAS, the plans are nearly complete and Caltrans will be issuing an encroachment permit soon; and WHEREAS, Caltrans has agreed to pay an estimated $205,214 for certain items of work and to furnish at their cost a resident engineer during the construction phase; and WHEREAS, in order to proceed, the City needs to enter into a Cooperative Agreement with Caltrans for use of their funding and the services of the resident engineer. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve Cooperative Agreement No. 11-4269 with the State of California, Department of Transportation, for the construction of improvements to the I-80S/Telegraph Canyon Road interchange, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the office of the City Clerk as Document No. Co 'f8- /1/ BE Chula vista Agreement on IT FURTHER RESOLVED that the Mayor of the city of is hereby authorized and directed to execute said behalf of the City of Chula vista. Presented by Approved as to form by J~.~y~orneY John P. Lippitt, Director of Public Works H:\home\lorraine\rs\coop.agr 1:1- 'I II-SD-805 KP 9.8 EA 11119-093190 Agreement No. 11-4269 Telegraph Canyon Road Interchange Improvements COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON , is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and CITY OF CHULA VISTA, a body politic and a municipal corporation of the State of California, referred to herein as CITY RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code Sections 114 and 130 are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. 2. STATE and CITY contemplate the widening of the Telegraph Canyon Road undercrossing, the widening of the northbound off-ramp, the realignment and signalization of the southbound loop off-ramp and the realignment of the southbound exit ramp at State Route 805, referred to herein as "PROJECT", and desire to specify the terms and conditions under which PROJECT is to be constructed, financed, operated and maintained. SECTION I CITY AGREES: 1. To bear CITY's share of construction engineering costs, estimated to be $221,602, and to provide all necessary construction engineering services for PROJECT except that of Resident Engineer which will be provided by STATE at STATE's cost as stated in Section II, Article (3) of this Agreement. 1 /J~~ 11-4269 2. To identify and locate all high and low risk underground facilities within the PROJECT area and to protect or otherwise provide for such facilities, all in accordance with STATE's "Manual on High and Low Risk Underground Facilities Within Highwav Rights ofWav". CITY hereby acknowledges receipt of STATE's "Manual on High and Low Risk Underground Facilities Within Highwav Rights ofWav". 3. To apply for fee exempt encroachment permits necessary for required work within State highway rights of way, in accordance with STATE's standard permit procedures 4. To advertise, award, and administer construction contract for PROJECT in accordance with STATE's Local Assistance Procedures Manual. Approval of STATE's financial participation by the California Transportation Commission and the Federal Highway Administration shall be assured prior to advertising. 5. To construct PROJECT in accordance with plans and specifications of CITY to the satisfaction of and subject to the approval of STATE. 6. To pay CITY's share of the actual capital construction costs of PROJECT estimated to be $1,795,000. In no event shall CITY's total obligation for PROJECT costs under this Agreement, excluding costs referred to in Section ill, Article (12), exceed the amount of $2,016,602; provided that CITY may, at its sole discretion, in writing, authorize a greater amount. 7. Upon completion of PROJECT and all work incidental thereto, to furnish STATE with a detailed statement of the total construction costs to be borne by STATE, including resolution of any construction related claims which have been allowed to the construction contractor. CITY thereafter shall refund to STATE (promptly after completion of CITY's final accounting of PROJECT costs) any amount of STATE's deposit required in Section IT, Article (1) remaining after actual costs to be borne by STATE have been deducted, or to bill STATE for any additional amount required to complete STATE's financial obligation pursuant to this Agreement, subject to the limitations of STATE's participation as stipulated in said Section n, Article (1). 8. Upon completion of PROJECT, to furnish STATE two complete sets of full-sized, film positive, reproducible as-built plans. 2 /3-1 11-4269 9. To reimburse STATE for CITY's proportionate share of the cost of maintenance of traffic control signals and safety lighting, such share to be an amount equal to 50% of the total maintenance costs, including electrical energy costs for the southbound ramps and 60% of the total maintenance costs, including electrical energy costs for the northbound ramps and Halecrest Drive. 10. To retain or cause to be retained for audit by STATE or other government auditors for a period of three (3) years from date offinal payment, all records and accounts relating to construction of PROJECT. SECTION n STATE AGREES: 1. To deposit with CITY within 25 days of receipt of billing therefor (which billing will be forwarded 15 days prior to CITY's bid advertising date ofa construction contract for PROJECT), the amount of$ 205,214, which figure represents STATE's estimated share of the expense of construction costs required to complete improvements to the southbound loop off-ramp of PROJECT only. STATE's total obligation for said anticipated construction costs for such improvements to PROJECT under this Agreement shall not exceed the amount of$300,000, excluding costs referred to in Section Ill, Article (12) of this Agreement. 2. STATE's share of the actual capital construction costs for PROJECT (estimated to be $205,214) include the construction costs to complete the improvements to the southbound loop off-ramp, the cost of construction related claims and the cost of CITY defense of any of those claims, as determined after completion of work and upon final accounting of costs. 3. To provide, at no cost to CITY or CITY's contractor, a Resident Engineer to perform those services included in STATE's oversight responsibility for construction of PROJECT in accordance with the provisions of STATE's Deputy Directive 23 (DD23). 4. To pay CITY upon completion of all work and within twenty (20) days of receipt ofa detailed statement made upon final accounting of costs therefor, any amount over and above the aforesaid advance deposit required to complete ST ATE's financial obligation pursuant to this Agreement, provided that ST ATE's total obligation does not exceed the amount as stipulated in Article (I) of this Section II, exclusive of utilities referred to in Section III, Article (12) of this Agreement. 3 /3--7 11-4269 5. To maintain the entire traffic control signals and safety lighting as installed and pay an amount equal to 50% of the total maintenance costs, including electrical energy costs for the southbound ramps and 40% of the total maintenance costs, including electrical energy costs for the northbound ramps and Halecrest Drive. 6. To operate the traffic control signals as installed and pay one hundred percent (100%) of the operation cost. 7. To issue at no cost, upon proper application by CITY and by CITY's contractor, the necessary encroachment permits for required work within the State highway right of way. SECI10N ill IT IS MVTIJALL Y AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. 2. Should CITY advertise a contract for PROJECT prior to the allocation of resources by the California Transportation Commission and prior to Federal Highway Administration approval of a FNM76 Form for Federal participation, there is no guarantee of ST ATE's and/or Federal participation and CITY shall assume all risks thereof. 3. Should any portion of PROJECT be financed with Federal funds or STATE gas tax funds, all applicable laws, regulations and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 4. Construction by CITY of improvements referred to herein which lie within STATE highway rights of way or affect STATE facilities shall not be commenced until CITY's original contract plans involving such work and plans for utility relocations have been reviewed and approved by signature of STATE's District Director of Transportation, or the District Director's delegated agent, and until an encroachment permit to CITY authorizing such work has been issued by STATE. Receipt by CITY of CITY's contract plans signed by STATE shall constitute STATE's acceptance and official approval of said plans. 4 /J-Y 11-4269 s. CITY shall obtain aforesaid encroachment permit through the office of State District Permit Engineer and CITY's application shall be accompanied by eight (8) sets of reduced construction plans of aforesaid STATE approved contract plans. Receipt by CITY of the approved encroachment permit shall constitute CITY authorization from STATE to proceed with work to be performed by CITY or CITY representatives within proposed STATE right of way or which affects STATE facilities, pursuant to work covered by this Agreement. CITY's authorization to proceed with said work shall be contingent upon CITY's compliance with all provisions set forth in this Agreement and said encroachment permit. 6. CITY's construction contractor shall also be required to obtain a fee exempt encroachment permit from STATE prior to commencing any work within STATE rights of way or which affects STATE facilities. The application by CITY's contractor for said encroachment permit shall be made through the office of State District Permit Engineer and shall include proof said contractor has payment and perfOlmance surety bonds covering construction of PROJECT. 7. CITY shall not advertise for bids to construct PROJECT until after an encroachment permit has been issued to CITY by STATE, nor shall CITY award a contact to construct PROJECT until after receipt of STATE's deposit required in Section II, Article (I) of this Agreement. 8. After opening of bids for construction of PROJECT, STATE's estimate of cost will be revised based on actual bid prices. STATE's required deposit under Section n, Article (I) of this Agreement will be increased or decreased to match said revised estimate. If deposit increase or decrease is less than 10%, no refund or demand for additional deposit will be made until final accounting. 9. After opening bids for construction of PROJECT, and ifbids indicate a cost overrun of no more than 10% of the estimate will occur, CITY may award the contract. 10. If, upon opening bids, it is found that a cost overrun exceeding 10% of the estimate will occur, CITY and STATE shall endeavor to agree upon an alternative course of action. If, after thirty (30) days, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent pursuant to Article (11) of this Section ill. 5 /3-; r\ I)J ) 11-4269 I 1. If termination of this Agreement is by mutual agreement, CITY will bear 100% of all capital construction costs incurred prior to termination. 12. If any existing public and/or private utility facilities conflict with PROJECT construction or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such utilities for their protection, relocation or removal in accordance with STATE policy and procedure for those utilities located within the limits of work providing for the improvement to the State highway and in accordance with CITY policy for those facilities located outside of the limits of work for the State highway. Total costs of such protection, relocation or removal shall be in accordance with STATE policy and procedure. Any relocated or new facilities shall be correctly shown and identified on the As-Built plans referred to in Section I, Article (8) of this Agreement. 13. Upon completion of all work underthis Agreement; ownership and title to materials, equipment and appurtenances insta1led within STATE's right of way 'will automatically be vested in STATE, and materials, equipment and appurtenances installed outside of STATE's right of way will automatically be vested in CITY. No further agreement will be necessary to transfer ownership as hereinabove stated. 14. The cost of any maintenance referred to herein in this Agreement shall include all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE's standard accounting procedures. IS. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. 16. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4 CITY shall fully defend, indemnifY and save harmless the State of Cali fomi a, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 6 / J --/,!} 'J. \ -" 11-4269 17. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by ST ATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indelllllifY and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ST ATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 18. In the construction of said work, STATE will furnish a representative to perform the functions of a Resident Engineer and CITY may, at no cost to STATE, furnish a representative, ifit so desires, and said representative and STATE's Resident Engineer will cooperate and consult with each other, but the decisions of STATE's Resident Engineer shall prevail. 19. The signal controllers, telephone service and connection are existing and shall remain as part of PROJECT. 7 /J -)J 0, 11-4269 20. Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the construction contract for PROJECT by CITY with concurrence of STATE, or on December 31, 2000, whichever is earlier in time; however, the ownership, operation, maintenance, liability, and claims clauses shall remain in effect until terminated or modified, in writing, by mutual agreement. Should any construction-related claim arising out of PROJECT be asserted against CITY, STATE agrees to extend the termination date of this Agreement and provide additional funding as required to cover STATE's proportionate share of costs or execute a subsequent Agreement to cover those eventualities. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTA nON CITY OF CHULA VISTA JAMES W. VANLOBEN SELS Director of Transportation By: District Division Chief, Design By: Certified as to funds: By: District Budget Manager Approved as to form and procedure: Attorney Department of Transportation Certified as to procedure: Accounting Administrator 8 ~ ~. ~.l I:;:/d-. COUNCIL AGENDA STATEMENT Item Meeting Date 10/13/98 It( ITEM TITLE: Resolution I '1 :z. I t( Approving Final Map of Chula Vista Tract No. 98-07, Bella Navona, Accepting on Behalf of the City of Chula Vista Public and Street Easements Granted on Said Map within Said Subdivision, and Approving the Subdivision Improvement Agreement for the Completion of Improvements Required by Said Subdivision and Authorizing the Mayor to Execute Said Agreement B) Resolution /9,,2 / ~ Approving Supplemental Subdivision Improvement Agreement for Chula Vista Tract 98-07, Bella Navona, Requiring Developer to Comply with Certain Unfulfilled Conditions of Resolution No. 19014 and Authorizing the Mayor to Execute Said Agree~~~/ SUBMITTED BY: Director of Public Works ~ UA REVIEWED BY: City Manager ~ ~ lJ.!!.,f l (4/5ths Vote: Yes_No-XJ On May 26, 1998, by Resolution No. 19014~ity Council approved the Tentative Subdivision Map for Chula Vista Tract 98-07, Bella Navona (see Attachment 1). The Final Map, Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement are now before Council for consideration and approval. A) RECOMMENDATION: That Council adopt the resolutions approving: (A) the Final Map, and Subdivision Improvement Agreement, and (B) the Supplemental Subdivision Improvement Agreement. BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: It should be noted that reference to the name of the subdivision of Chula Vista Tract 98-07 is "Bella Navona", not "Bella Nevona", due to a project name change recently. The name under which the owner obtained title to the property was "Bella Nevona" (i.e., Western Pacific Housing _ Bella Nevona, L.L.C. a Delaware limited liability company). The marketing name of the subdivision was changed subsequent to the initial stages of the project submittal and review. This clarification note has been added to prevent potential misunderstandings of past, present and future documents . The Bella Navona Subdivision is generally located south of East "J" Street and west of Paseo Ladera. The fmal map for the subdivision consists of twenty-eight (28) single family lots. Plats of the subdivision are presented in Attachments 1 and 2. ;'/- / Page 2, Item Meeting Date 10/13/98 The final map for said subdivision has been reviewed by the Department of Public Works and found to be in substantial conformance with the approved Tentative Map. Approval of the map constitutes acceptance by the City of all sewer, drainage, and tree planting easements within the subdivision. Approval of the map also constitutes acceptance, on behalf of the public, of Vista Oak Place and the westerly extension of Wild Oak Road. The developer has satisfied Resolution 19014 (see Attachment 3) Tentative Map conditions (#23, 27, 33, 34, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 47,48, 49, and 51) through the design, grading and improvement plans; the bonding of work and the payment of all applicable fees, open space districts, easements and other conditions of project approval. The developer has executed a Supplemental Subdivision Improvement Agreement in order to satisfy the remaining conditions of Resolution No. 19014 (#1, 24, 25, 26, 28, 29, 30, 31, 32, 35, 41,50,42 and 53). The developer has executed a Subdivision Improvement Agreement (which is made a part of Resolution B) and has also provided bonds to guarantee construction of the required public improvements, the subdivision monumentation and benchmarks. The Developer's Disclosure Statement is attached as Attachment 4. FISCAL IMPACT: All staff costs associated with processing of improvement plans and final map will be reimbursed from developer deposits. Attachments: Attachment 1: Chula Vista Tract 98-07. Bella NavaDa Location Map/Subdivision Plat Attachment 2: Chula Vista Tract 98-07. Bella Navana Vicinity Map Attachment 3: Resolntion #19014 (Tentative Map Conditions) .L'. "'1.' 'U~... '''f~.ED Anachment4: Developer's DiSClosure Statement V lllJ~,:"''' [FILE NO. 0600-80-BNOO1F] October 7. 1998 (4:46pm) H:\HOME\ENGINEER\LANDDEV\CASBN.GET / t(- .2 . ~ . iffiACHMENT I \ ~ ~ f ROAD C.". a & CHULA WSTA TRACT NO. 98-07 BELlA NA VONA /1- 9-8-98 5.J4J2X19.t>>W; 5SlJ2.00 ATTACHMENT _ :;u ,*- ~ ~ J .\mlJ::::l~\\' == /11\\ \ \ I I~:') )' ~\ V+ ) ~ I I 0~~~ l~~~:J=~ ~ (I EHF~\~~~ ~ -: L.../\ \I~ \ U I m l-- \ -\- 0 )=: n~ I, I I l.J.-V."-'-LlJJ f-- .-J" CC '. ~ IRfj ::jF1:P2~~~ 5 t\ \'];::1 iii'r't' ; ,\ o.'{~' l-c// ~tcj ~~c, 11 it ~ ~\=~ ~J ~ ~F==-~ ~ ~ ~ ~ ~L LC~ ~~\U ~ ~ _~~ ':ti)'I~W I- R so ~ '\ '\\ =:j~:::= {~ ;:::r/ v?Jj1lJ ",J ~ Pl! fTtiiF::]' \ . _ ;~ ~!JJi-ri: ~"" ~ '" 5!f\I,\ ~ \ IHj ~~)~~ ~ . !1T "'/ 'CIl ~_ "'i'\\\'\.\LI-- C '< o~ ,[g ,~ , :::: S'~ 1--------' !~);; RI ~ =:1=" -f c::I / ~ I~ · ::l ~ ~ \:-.- ;::'t. ~ ~~ ~0 ~ \-: ~ ~ OJ 8 88 8 "'-" ~ ~ 8 88 ~ ~ ~ /, ~2;? / ~ 5% 3 $a ~ ~~~ ?4, ,\ W;:,y CD '\E~~l ~ ~ 1ii 1~1T ~~ ,', ,,' ", 7#~t== .' J I, ~~~== ~ v'i--1f/, ,i . - ---i\~ 'j -; t ~.. /1.. j- - ) \ ~ / ~~O\E.~O y>p.SE.O r~ ~ 1 ~ ~--- :i uS 7b-v:/l/~ O~~O ;:. CD I: . . .. CI c. < ~ > I- - Z - (.) - > " III ... .. - .. eo al al ... N ti o - . - : I ATTACHMENT .3 RESOLUTiON NO. 19014 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION AND GRANTING APPROVAL OF A TENTATIVE MAP TO ALLOW THE SUBDIVISION OF 5.25 GROSS ACRES INTO 28 SINGLE FAMILY LOTS RANGING IN SIZE FROM 5,000 TO 8.300 SQUARE FEET ON THE SOUTH OF EAST "J" STREET BETWEEN RIVER ASH DRIVE AND THE CURRENT TERMINUS OF WILD OAK ROAD OFF OF PASEO LADERA. i. RECITALS J1~ A. Project Site WHEREAS. the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference. and for the purpose of general description herein. the Project consists of 5.25 acres located on the south side of East. J" Street between River Ash Drive and the current terminus of Wild Oak Road off of Paseo Ladera ("Project site"); and 3. Project Applicant WHEREAS. on a duly verified application for a tentative map (PCS 98-07) with respect to the Project Site was filed with the city of Chula Vista Planning Department by Western Pacific Housing ("Applicant") on December 18. 1998; and C. Project Description; Application for Tentative Map/SPA Amendment WHEREAS, Applicant requests permission to subdivide 5.25 acres into 28 lots on the Project Site; and D. Environmental Determination WHEREAS, in accordance with the requirements of CEQA. the Environmental Review Coordinator has determined that the Project requires the preparation of an Initial Study and a Habitat Conservation Plan, such initial study (IS 98-23) was prepared, and based on such study a Mitigated Negative Declaration was prepared and circulated for public review; and Resource Conservation Commission Record on Application WHEREAS, the Resource Conservation Commission considered the Negative Declaration based on IS 98-23 voted 5-0-0-1 not to recommend adoption of the Negative Declaration; and r. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 13. 1998 and voted 4-0-3 adopting Resolution PCS-98-07 and PCM ResolutiQ~ 19014 Page 2 93-33 recommending that the City Council adopted Negative Declaration IS-98-23, and approve the tentative map and amendment to the Specific Plan; and G. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on May 26, 1998 to receive the recDmmendation of the RCC and Planning Commission, and to hear public testimony with regard to the same. II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this Project held on May 6, 1998 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. COMPLIANCE WITH CEOA In accordance with the requirements of CEOA, the City Council hereby adopts the Mitigated Negative Declaration issued on IS-98-23. IV. TENTATIVE SUBDIVISION MAP FINDINGS:. A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map as conditioned herein for Bella Nevona, Chula Vista Tract 98-07 is in conformance with the Ranchero Sectional Planning Area Plan, as amended, and the elements of the City's General Plan, based on the following findings: 1 . Land Use The Ranchero Sectional Planning Area has an overall holding capacity of 41 5 units. Currently, there are 369 lots created within the EI Rancho Del Rey Development_ As a result, the proposed 28 lots is within the limits of the overall holding capacity. In addition, the SPA plan is being amended concurrently to allow the development standards proposed with this Map. 2. Circulation All of the on-site streets required to serve the subdivision will be constructed. The public streets within the Project will be designed in accordance with the City design standards and/or requirements and provide for vehicular and pedestrian connections with adjacent streets. 3. Housing The project is an infill project surrounded by residential development and does / 'I ~ t- not involve any public facilities that would induce any further substantial grown. The project site does not involve any existing housing that would be displaced. The project Resolution 19014 Page 3 will provide additional housing consistent with the zoning and development patterns of the neighborhood. 4. Conservation The developer has prepared a Habitat Conservation Pian (HCP) and has received an incidental take permit from U.S. Fish and Wildlife Service (USFWS) pursuant to Section 1 0(a)(1 )(B) of the Endangered Species Act of 1973, as amended (ESA). This permit authorizes the take of 1 pair of coastal gnatcatchers in association with the proposed single family residential development of the project site. 5. Parks and Recreation, Open Space The developer will be required to pay the Park Acquisition and Development Fee with the Final Map approval. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. The main trace of the La Nacion Earthquake fault, a potentially active fault is Y, miles to the west and would nor directly nor indirectly impact the project site. The site is not currently within a mapped Earthquake Fault Zone. 7. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. 8. Noise The project is required to meet existing standards for residential development. All dwelling units must be designed to preclude interior noise levels over 45 dBA and exterior noise exposure to 65 dBA in accordance with the City's performance standards and the noise level standards of the Uniform Building Code. 9. Scenic Highway The project is not adjacent to scenic highways. 10. Bicycle Routes No bicycle routes are required with the proposed development. The recently created parcel map (Tentative Parcel Map 98-05) requires, as a condition of approval, that the developer of said parcel map provide a bikeway on East" J" Street along project frontage. ;'1-7 Resoluti:>:1 i 9014 Page 4 11 . Public Buildings No public buildings are proposed on the project site. B. Pu'suant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. Th: configuration, orientation and topography of the site partially allows for the oPtimum sitting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Project subject to the general and special conditions set forth herein. V. TENTATIVE SUBDIVISION MAP CONDITIONS OF APPROVAL Prior to approval of the final map unless otherwise indicated, the developer shall: STREETS, RIGHTS-OF-WAY, AND PUBLIC IMPROVEMENTS 1. The following street improvements shall be constructed: a. Construct East" J" Street to Class II Collector roadway standards in accordance with City of Chula Vista Drawing Nos. 94-202 and 94-205. b. Construct missing off-site street improvements along the full frontage of the north side of East" J" Street between River Ash Drive and Red Oak Place. 2. Provide a Class III Bikeway within East" J" Street. Normally, Class III Bicycle Routes share the right-most traffic lane with motor vehicles and are posted with "Bike Route" street signs only. 3. Enter into an agreement with the Otay Water District for water facility improvements extending to and connecting with the existing water mains within East" J" Street at the easterly subdivision boundary and at River Ash Drive. Install new domestic water service. / t( --7' 4. Desian and construct all public improvements in accordance with Chula Vista Design Standards, Chula Vista Street Standards, and the Chula Vista Subdivision Manual, Resolution 19014 Page 5 unless otherwise approved by the City Engineer. Submit improvement plans detailing horizontal and vertical alignment of said public improvements for the review and approval of the City Engineer. 5. Said public improvements shall include, but are not limited to, asphalt concrete pavement, crushed aggregate base. concrete curb, gutter and sidewalk, sewer and water utilities, drainage facilities, street lights and signs, street knuckles and fire hydrants. 6. Guarantee, prior to approval of the Final Map, the construction/installation of all improvements within the subdivision (streets, sewer, drainage, utilities, etc.) deemed necessary to provide service to the subject subdivision in accordance with City standards. 7. Submit and obtain preliminary approval for proposed street name(s) from the Director of Planning and the City Engineer. Street name(s) shall be subject to approval by the Planning Commission. Dedicate to public use rights-of-way for all streets shown on the Tentative Map within the subdivision. Approved street name(s) shall be shown on the Final Map. 8. Relocate the existing street light on East" J" Street near the westerly subdivision boundary to the north side of East "J" Street at its intersection with the proposed residential street within the subdivision. Add an additional street light at property line 4/5. All street light locations shall be subject to review and approval by the City Engineer. g. Construct sidewalks and pedestrian ramps on all walkways to meet or exceed "Americans with Disabilities Act" standards. 10. Prior to approval of the Final Map, present written verification to the City Engineer from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. 11.. The proposed residential street within the subdivision which intersects East" J" Street must meet intersection design sight distance requirements in accordance with City standards. GRADING AND DRAINAGE 12. Submit for approval by the City Engineer, a detailed grading plan in accordance with the Chula Vista Grading Ordinance No. 1797, as amended. 13. An erosion and sedimentation control plan shall be prepared as part of the grading plans. 14. Prior to approval of the grading plan and the issuance of a grading permit, submit a soilsl geologic report for review by the City Engineer. jtj-j Submit hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate 15. ResolutiO:1 19014 Page 6 the adequacy of downstream drainage structures, pipes and inlets. Private drainage systems within 1, 2, and 3 shall be designed to convey 1 DO-year design storm flows under open channel flow conditions. 16. Storm drains shall be designed in accordance with the Subdivision Manual and Chula Vista Grading Ordinance No. 1797, as amended. 17. Provide improved access to all storm drain cleanouts, or as approved by the City :ngineer. 18. Design storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution to the satisfaction of the City Engineer. Subsequent owners of lots 1, 2, 3, and 4 shall be informed of, and provided a copy of, the Chula Vista Municipal Code Chapter 14.20 regarding non-storm water discharge prohibitions, including, but not limited to, the discharge of oil, pesticides, fertilizers, herbicides, wash waters. and chlorinated swimming pool water. 19. lot lines shall be located at the tops of slopes. except as approved by the City Engineer. lots shall be graded to drain to the street or an approved drainage system. Runoff! drainage shall not be permitted to flow over slopes. 20. Ten feet-wide private storm drain easements shall be granted on the Final Map for the benefit of lots 1. 2. and 3 in conformance with the requirements of Chula Vista Municipal Code Section 18.20.150. Concrete-lined drainage ditches shall not be constructed over private storm drain pipes. 21. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Planning Director. 22. Prior to approval of Final Map. the developer shall submit a list of proposed lots indicating whether the structure will be located on fill. cut. or a transition between the two situations. 23. The inclination of each cut or fill surface resulting in a slope shall not be steeper than 2:1 (two horizontal to one vertical) except for minor slopes as herein defined. All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5: 1) contingent upon: a. Submission of reports by both a soils engineer and a certified engineering geologist containing the results of surface and subsurface exploration and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion. the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property, and) 0- / c:::? b. The installation of an approved special slope planting program and irrigation system. Resolution 19014 Page 7 c. A "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fill, between single family lots and not parallel to any roadway. AGREEMENTS 24. Prior to approval of the Final Map, the developer shall agree that the City may withhold building permits for the subject subdivision if anyone of the following occur: 25. 26. 27. 28. 29. 30. 31. /f~/ / a. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. b. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. Prior to approval of the Final Map, the developer shall agree to comply with that version of the Growth Management Ordinance in effect at the time a building permit is issued. Prior to approval of the Final Map, the developer shall agree to install fire hydrants as required by the City Fire Marshall. Further, in compliance with Chula Vista Municipal Code Section 15.36.030, the developer shall agree to install, test and operate all fire hydrants prior to the delivery of any combustible materials. Prior to approval of the Final Map, the developer shall agree to prepare, submit and obtain approval by the Director of Planning of a construction phasing plan. Prior to approval of the Final Map, the developer shall agree to comply with all applicable sections of the Chula Vista Municipal Code. Prior to approval of the Final Map, the developer shall agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack. set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers. or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. Prior to approval of the Final Map, the developer shall agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. Prior to approval of the Final Map, the developer shall agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of. the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television Resolutio:1 19014 Page 8 companies as same may have been, or may from time to time be issued by the City of Chula Vista. 32. Prior to approval of the Final Map, the developer shall provide security to guarantee the constructionlinstallation of full public street improvements for East "J" Street and the residential street within the subdivision. OPEN SPACE/ASSESSMENTS 33. Prio' to approval of the Final Map, agree to an increase of assessments imposed pursuant to Open Space District No. 10 and agree to complete all requirements of Proposition 218 as it relates to imposing an increase for such assessments. 34. Prior to approval of the Final Map, submit all Special Tax and Assessment disclosure forms for the approval of the City Engineer. 35. The developer shall be responsible for installation of street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. The use of cones shall be included where necessary to reduce the impact of root systems disrupting adjacent sidewalks and rights-of-way. EASEMENTS 36. Grant on the Final Map a minimum 20' wide easement to the City of Chula Vista for construction and maintenance of sewer and storm drain facilities within Lots 4, 11 & 24. 37. Grant on the Final Map a 5.5 feet-wide street tree planting and maintenance easement along all public streets within the subdivision to the City. Said easement shall extend from the property line and shall contain no slope steeper than 5: 1 (horizontal to vertical ratio), unless otherwise shown on the Tentative Map. MISCELLANEOUS 38. 39. 40. Submit copies of Final Maps, improvement plans and grading plans in a digital format such as IDXF) graphic file prior to approval of each Final Map. Provide Computer Aided Design ICAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5-1/4" HD or 3-1/2" disks. Submit as-built improvement and grading plans in digital format. Provide security to guarantee the ultimate submittal of improvements and grading digital files. Update electronic files after any construction pen and ink changes to the grading or improvement plans and resubmit to the City. Tie the boundary of the subdivision to the California Coordinate System - Zone VI (1983). In order to provide more usable area, the rear yard of Lot 13 shall be increased by up ) 'I-~ / c2... to eight feet through the use of retaining walls no higher than four feet in height. Res"lut;"n 19014 Page 9 41. In order for consistency with the front yard of Lot 26, and to provide more openness to the cul-de-sac design, the front yard setback for Lot 23 shall be thirty feet from the front property line. 42. Submit a comprehensive fencing plan to the Planning Department for review and approval by the Director of Planning. 43. Submit a comprehensive street tree plan to the Planning Department for review and approval by the Director of Planning. 44, Submit to the Director of Planning a copy of the proposed CC & R's for the project for review and approval by the Director of Planning. Said CC & R's shall include a)prohibition of external television antennas; b) prohibition against garage conversions and c} require a gate be installed for any fence constructed at the top of slope in the rear of Lots 1-3 in order to provide access to the rear of the property. 45. Obtain for submittal to the City, from all corresponding school districts, a "will serve" letter or make other arrangements approved by the school districts. 46. Comply with all mitigation measures as outlined in the mitigation monitoring program issued for Negative Declaration prepared for IS 98-23. incorporated herein by reference. 47. Submit site plan and architectural elevations of the proposed single family dwelling units to the Planning Department for review and approval to ensure the product will conform to all the required development standards and be architecturally compatible with the surrounding development. 48. Pay applicable park fees per PDD {Park Dedication Ordinance} 49. The property owner shall notify the City at least 60 days prior to consideration of the i=inal Map by City if off site right of way cannot be obtained as required by the Conditions of Approval. (Only offsite right of way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition). After said notification, the owner shall: a. Pay the full cost of acquiring offsite right of way or easements required by the Conditions of Approval of the Tentative Map. b. Deposit with the City the estimated cost of acquiring said right of way or easements. Said estimate to be approved by the City Engineer. c. Have all easement and/or right of way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings. d. /1;" / :3 If the developer so requests, the City may use its powers to acquire right o( way, easements or licenses needed for off site improvements or work related ResolutlO:1 i 9014 Page i 0 to the tentative map. The developers shall pay all costs. both direct and indirect incurred in said acquisition. The requirements of a. band c above shall be accomplished prior to approval of the Final Map. All offsite requirements which fall under the purview of Section 66462.5 of the State Subdivision Map Act will be waived if the City does not comply with the i 20 day time limitation specified in that section of the Act. CODE REQUIREMENTS TO BE INCLUDED AS CONDITIONS OF APPROVAL: Chula Vista Municipal Code requirements to be included as Conditions of Approval: 50. 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. 51. All utilities serving the subject subdivision and eXisting utilities located within or adjacent to the subdivision shall be underground in accordance with City Code requirements. Further. all new utilities serving the subdivision shall be underground prior to the issuance of Building Permits. 52. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees. including but not limited to sewer connection fees. d. SR-125 impact fee. e. Telegraph Canyon Drainage Basin Fee (Prior to the approval of the Final Map). f. Telegraph Canyon Sewer Basin Fee. 53. The developer shall comply with all relevant Federal. State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstration said compliance as required by the City Engineer. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, Dr if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages J for their violation. No vested rights are gained by Developer Dr a successor in interest ;;j_/_/ by the City's approval of this Resolution. ;es:)iu:IQ:t ~I ~Oj4 ?a;)e 11 VII. i!N'!'.:..IC)liY; ,!.'-!iorv',AiIC R::VDC'!'.1I0N I: is the intention of the City Council that its ado;nion of this Resolution is Dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that nay one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable. this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. ?resented by Approved as to form by ;?~U J hn M. Kaheny iry Anorney Robert Leiter Planning Director / tj -/.5 ?esoIU:I:;-: ~ BO i ~ "a;)e i 2 :.x:ribil ~ r-; ": !; :;:: ~';L:,.o", i= ;: E~ ~~l r- ~ I ! I il el~. p"; ~ ~;l ~;; r. I: iiP ;. ": ... ~ ~I~ i ..' !~: ~i ;: ~ :i1); !: . 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Resolution 19014 Page 13 PASSED, APPiiOVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 26th day of May, 1998, by the following vote: AYES: Councilmembers: Moot, Padilla, Rindone, Salas and Horton NA YES: Councilmembers: None ABSENT: Councilmembers: None ABST AIN: Councilmembers: None ~f!t!~ Shirley Ho n, Mayor ATTEST: ~~ ~ Beverly A. Authelet, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19014 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 26th day of May, 1998. Executed this 26th day of May, 1998. ~~~c~ )0///; ATTACHMENT f CITY OF CHULA VISTA DISCLOSURE STATEMEJ\'"T You are required to fiie a Statement of Disclosure of certain ownership or finan::iaJ interests, payments, or campaign contributions on all maners which will require discretionary action on the pan of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a fmancial interest in the property which is the subject of the application or the Contract, e.g., owner, applicant, Contractor, subcontractor, maIerial supplier, etc. ll1o..te-rY) ?acl..c~c H-ouc.,,'tllj - Eel\a l\.!eV()I'ICI LLC- 2. If any person" identified pursuant to (1) above is a corporation or parm..-rship, list the names of all individuals owning more than 10% of the shares in the corporation or owning any pannership interest in the parmership. ~~:t:~O~~~~.-_~tJi~~r We'Ste n" '\'X>\/P IoplY'lI'rrt L p- ~~ I 3. If any person" identified pursuant to (1) above is a non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes_ No_ If yes, please indicate person(s) : 5. Please identify each and every person, including agents, employees, consultants, or independent Contractors who you have assigned to represent you before the City in this maner. 6. Have you and/or your officers or agents, in the aggregate, contribUted more than Sl,OOO to a Council member in the current or preceding election period? Yes_ No_ If yes, state which Council member(s): Date: Ii · · · (NOTE: Attach Additional ~ 'O/qt ignarore of Contra . ~nd(a )..b((IS IJk~'-h'G f.bblf/'l Printed or Typed Name of tontractorl Applicant a · ~ is defined as: . Any individual, firm, co-parrnership, joint ventUre, association, social club, fraternal organizarion, corporarion, Wale, trust, receiver, syndicaze, this and any other county, city, or country, city municipality, district, or other political subdivision, or any other group or combinarion acting as a unit. ),/-'/ f5 H:\HOMEIENGINEERILANDDEVlFORMSIDISCLOSE.FRM RESOLUTION NO. If:</1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 98 - 07, BELLA NAVONA, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA PUBLIC STREETS AND EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista hereby finds that certain map survey entitled Chula vista Tract 98-07, Bella Navona, and more particularly described as follows: PARCEL 2 OF PARCEL MAP NO. 18036, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 22, 1998 AS FILE NO. 1998-0305225 OF OFFICIAL RECORDS. Area: 4.837 Acres Numbered Lots: 28 No. of Lots: 28 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the public a westerly extension of wild Oak Road and vista Oak Place; easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets and the twenty foot sewer and storm drain easements within Lots 4, 11 and 24, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, sewer and storm drain, as granted thereon and ) f/J --/ BE IT FURTHER RESOLVED that city Clerk be and she is hereby directed to transmit said map to the clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which is on file in the office of the City clerk as Document No. eo q8 - /7~ is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and she is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by C~~~ {t;-{~ Clifford Swanson City Engineer c:\cbs\cvcity\reso\bellan98-07 )t/~'J- /11+ 'J7 " , L~: j Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and WESTERN PACIFIC HOUSING BELLA NEVONA, L.L.C., a Delaware limited liability company, 2385 Camino Vida Roble, suite 107, Carlsbad, California, 92009, hereinafter called "Subdivider"; N.lTNg.s..s.gTH~ 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 Bella Navona pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install -1- /1/3 "3 and complete, at Subdivider's own expense, all the public improvement work required by city in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 19014, approved on the 26th day of May, 1998 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 98-536 through 98-540, inclusive, on file in the office of the city Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of $352,879.00. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to city, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 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. 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 -2- /1//- i or structures in said subdivision, and such certificate shall not be issued until the city Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the city of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of One Hundred Seventy six Thousand Five Hundred Dollars and No Cents ($176,500.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the city in the sum of One Hundred Seventy six Thousand Five Hundred Dollars and No Cents ($176,500.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the city of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Seven Thousand Two Hundred Dollars and No Cents ($7,200.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the city, as are approved by the City Council at the time of engaging the work to be performed. upon certification of completion by the City Engineer and acceptance of said work by city, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the city any -3- /" 1'/.1 ~ difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the city of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the state Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by city and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to city, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that city, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to -4- Jtj/l~? 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 public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall city, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the city of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the city or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the city, advisory agency, appeal board, or legislative body concerning a sUbdivision, which action is brought within the time period provided for in section 66499.37 of the Government Code of the state of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. [NEXT PAGE IS SIGNATURE PAGE] -5- ///1- ? 10/08/98 THU 08:48 FAX 760 431 7842 WESTERN PACIFIC 14I 002 [SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT] THE CITY OF CHULA VISTA WESTERN PACIFIC HOUSING _ Bella Nevona, L.L.C. a Delaware limited liability company By: Lamco Housing, Inc., a California corporation, Managing er Mayor of the City of Chula Vista ATTEST city Clerk ~ Wi hJc Lance M. Waite s: Vice President - - Approved as to form by 11yp:f!d~ lei' A~ 'or~~y .' . BANKBOS TON , N.A. A NATIONAL BANKING ASSOCIATION, AS AGENT By: Its: (Attach Notary Acknowledgment) -6- /1(/1 /~ lU/US/oS THL: US:50 FAX i60 4Jl i842 WESTERN PACIFIC Ii!J 008 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No, ~5(l7 personally appeared before me, V\~ YY\. ) NAME,11TtE OF OFFICER. E.G., . JANE DOE. NOTA Y PuBl..IC' NAME($} OF SlGNIFltS) o personally known to me . OR . 0 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 ac- knowledged 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. ~i''''. Ul . II: > .. . LORI L CRIPE 1 COMM. #1074009 ~ NOTAIlY PUBLIC' cALlfOR!lfA ill SAN DIEGO COUN'" My c;omn'l. Ellpires Od. 14, 1999 d and official seal. Though Ihe data below i. not required by law, il may prove valuable to persons relying on Ihe document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATIACHED DOCUMENT o PARTNER(S) TTT1.ECSI o LIMITED o GENERAL TITLE OR TYPE OF DOCUMENT o ATTORNEY-iN-FACT o TAUSTEE(S) o GUAADIANlCONSEFlVATOFl o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER.lS REPRESENTING: ~E OF P'EAJCN(S) OA EH1'T1"111ES) SIGNER(S) OTHER THAN NAMEO ABOVE 01993 NATIONAL NOTAR'f .ASSOCIA,TION. B236 RlI!IlTlmltt AlIe_. P.o. Bell "'84. Canggll pa,rk., CA !H309-7184 /t//f~9 Oct-uS-9S 10: 56ao F roo-BANKBOSTON 770390S434 T-39S P.OZ/13 F-517 lSIGNATlJR5: PAGE TO SUBDIVISION Il\:i'f.OWMElfT AGRE!:MBN"'l ~~ST~~N ~ACliIC ~OUSI~G - Be~la Nevona. L.L.C. a Delaware l~=~~e~ liahili~y compjilny 9y: Larnco aouai~g, Inc., a california oorp~ra~ion. ~anjilgin3 Me~r THa C~TY OF CHeLA VISTA Mayor of ~he City of Chula vi9~li Jay: Ci~y Cle;:;-k Lance M. Waue Ita. Vice ~.eeiQent ATT~ST App:t"Qvec1 Ae ~o fQ~ l;/y BANKBOSTON, N.A. A NATION~ DANXt'G ASSOCIATIO~, AS AG5:NT ~Jj~ Ci'-1!J;.r:. torney By:d~ Its ; .. ~.... t;. P... (J':ti::A. (A~~ach Notary Acknowledgmentl -6- ) '-I ~---I [) Oct-08-98 10: 57.m F rom-BANKBOSTON 7703908434 T-399 P.03/13 F-517 STATE OF GFORGTA COUNTY OF FUL TQN On Ocfob..... ? If')? beforcmc.personallyappeared /)"'tu",t. l <;,L6.",r personally known to me (or proved to me on the pasls of satisfactury evi<!ence) to be the person whose name(s) ","e/is supscnped to thc within Instrument and acknowledged to me that he/she/they executed the same In h.slher/thelf authonzed capacity. aII<! that by h.slher/their signature(s) on the instrumem the person(s). or the enuty upon behalf of whIch the person(s) acted. ""ecured the msmunenr. WITNESS my hand and official seal. Signature fl"".-@ FI kA~ / (SEAL) c fm~nopr /0//)/// 10/08/98 THU 10:00 FAX 760 431 7842 WESTERN PACIFIC ~002 LIST OF EXHIBITS Exhibit "A". Improvement Security - Faithful Performanee: $ 176,500.00 Exhibit "B". Improvement Seeurity - Material and Labor. $ 176,500.00 Exhibit "e". Improvement Security - Monuments: $ 7,200.00 Estimated Coat of Improvements $ 352,87l1.00 Securities approved as to form and amount by ~c . U-ct: C1 torney ~ Improvement Completion Date. TWo (2) years from date of Council approval of the Subdi- vision Improvement Agreement. cl\cbs\cV~i~Y\Di~\bel~~n98-07 -7- / tf ;:; -- ) J-. . . ---, r'- File No.: RN-OOl T Bond No.: 1377406 Prerrriurn: $1.412.00 BO!\1) FOR FA11IDlJL PERFORM..4..~CE (To Be Us::d Prior to Approval of Subdivision lmprovemem Agre=em) WHEREAS. the City Coun.."il of the City of Cmila Vista, Coumy of San Diego, State of California., and WESTERN PACIFIC HOUSING-BELLA NEVONA LLC (h..."reiDafter "Principal") desire 10 enter imo a Subdivision lmprovement.Agr=..."Ilt (h..."reinafter referred to as "Agreem..."'Ilt") whereby Principal agrees to install and complete cenain desi~~t~d public 'improvements for the project knOWDZS AMWEST SURETY INSURANCE COMPANY ; and ~'HEREA5. Principal desires to co=n::e constrUction of said public improvements p~or to approval of said Agreem..."Ilt by the City Council of tbe City of Cmila Vista; and, v,'HEREAS, the City ofChuJa VlSta, Coumy of San Diego, State of California, has issued to P:rincipalConstnJCIion P=it No. BN-001 I (hereinafter referred to as ~Permit") ior the publicimprov=ent work as set forth in more detail on City of ChuJa Vista Drawing Nos. 98-536 1brOll~:b 98-540 , regarding construction of said public improvements, wirich P=it is hereby ref~..D to and made Jl part lL.."reof; .and, WHEREAS, said Principal is required tmder the t:rms of said P=it to furnish a bond for faithful perforrn:mr.e of said P=it. NOW THEREFORE, we, the Principal and AMWEST SURETY I NSURANCE COMPANY , a corporation of the State of Nebras ka , (hereinafter "Surely"), are held.and firmly bound unto the City of Cbula Vista, a municipal corporation (h=inafter "City") in the COUn1;Yof San Diego, State of California, and to and for the benefiI of any and all persons who may suffer n~m~~es by breach of the conditions hereof, inthepenalsurn of ONE HUNORED SEVENTY-SIX THOUSAND. FIVE HUNDREDdollars, ($ 176.500.00 ),1awful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, stl~~~ssors, exe....'"1Itors and ~nmini"trators, jointiy and severally, fumly by these presents. The condition of this oblieaation is such that if the wove-bound Principal, lIis or its heirs, execm:ors, administrators, successors or assigns, shall in all things stand to'Jlnd wide by, :and well and truly keep Jlnd perlonn the t=s, COVCllllIlts, conditions, and provisions of said :P.crmit.and a subsequent: Agr~1'lIlt and .any .~lt=nion 1hereof made 115 therein JlIOVided, on his or then-part, to be 'kept:3ml performed:atthe time and in the m~nn""":th=inspecified, and in all respects a=ilingto1heir:true iment-and lDP...mng, and shall inn"",,,;fj and .save :bamilessCity, its officers, agents and employees, .as tberein stipulated, then this obligation shall become null.and void; otherwise, it shall be JIlld TeIDain :in iull iorce and effect. .A.s part of the obligation SCCllI"'..D hereby and in addition to the face aInounr sp--..cified therefor, there shall be included costs JiDd reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as c:ostsand included in any judgment rend...'"reli TneSurety hereby stipulates and agrees that DO change, extension of time, alteration or addition 10 the If:ImS of the Permit or to the work to be perfonned thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby'waive notic:e of any such change, exr...~ion of time, alteration or addition to the terms of the Permit or to the work or to the sp--...cifications. / '1/1 -/ 3 -1 b addition 10 the a::ts bonded for pursuant to the Permit in::orpo;-ated above, the followim' acts and perfo=:es are ariditionaIiy subje:t 10 the terms of this bond: - None IN WIT.NLSS WHEREOF, this instrum..."'Il! has been duly executed by ilie PrIDcipaJ and Surety above Dllllled, on Seotember 3 , 19 98, ~~AC'I ~lcHtu!l;m:'~lli ~il~~6N'"A" LLC ,a . Delaware limited liability comeany by LAMCO.HOUSIN iNC. a California Name of. A. PaJ_~:an~ C AMWFST SIJRFTY INSURANCE COMPANY Name of Surety Company By By Lance M. Waite By Vi ce Pres i dent ck, Attorney-in- C 21650 Oxn d Street, Suite 400 Address of.Snrety Company 1377406 Bond!f/Jb/::8 No. City Woodland Hills, CA 91367-4945 Slate Zip Code ~ .">._....~~':':';... . >>:<<<< . .t."_. A:BO~SIGNATORIES MUST BE NOTARIZED 1;;;;iii1mDEm.:11iJJi;~ Bond!l'~lIt1 Mo.: 1377406 I1incipaJ WESTERN PACIFIC HOUSING-BELLA NEVONA LLC JunOUIll One Hundred Seventy-Six Thousand, Five Hundred Dollars ($176,500.00) In Favor of Citv of Chula Vista This 'bond, .subIIJined for Western Pacific Housing-Bella Nevona LLC , covers CODStIUCtion of public ~iOVemems, if any, both prior 10 and "subsequem to,Cily .approval of PMnr:ip:J's Subdivision Jmprovcment Agreement as 10 the project blown as Be 11 a Navona This Rider is Effe...'"1ive September 3, 1998 ALL PtffiPOSE ACICNOWLEDGEMRN'"J: - STATE OF CALIFORNIA s.s. COUNTY OF Los Anqe 1 es On September 3, 1998 R. Lance Adair. notary puhlic Bronwyn Murdock personally known to me; or proved to me on the basis of satisfactory evidence to be the person($) whose name(~) is/~ subscribed to the within instrument and acknowledged to me tha~ me/she/bam~ executed the same in ~/her/~~ authorized capacity (:i:eE) , and that by ~/her/~ix signature~) on the instrument the person'(s) or the entity upon behalf of which the person(lIl) acted, executed the instrument. , before me, , personally appeared x ~ WITNESS my hand and official seal. (SEAL) ,...................................: : "..... R. LANCE ADAIR G' G '. COMM. #1106675 R ~ ,.,,; NDT^RY PUBLIC, CALlFDRN1^ 5 2' LOS ^NGElES COUNTY 2 . MyComm.EqftSJuly24,2000 : :.................................... /"'7 c~.z,,--<:-<:_4~f: Signature of Notary PubllC ----------------------------------------------------------------- ----------------------------------------------------------------- CAPACITY CLAIMED BY SIGNER: 'I'houyh statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. . Individual (s) Corporate Officer(s) Titles Partner(s) X Attorney-in-Fact Trustee(s) Guardian/conservator Other: and and Limited General Signer is representing: Surety ATTENTION NOTARY: Al though the information requested optional, it could prevent fraudulent attachment certificate to unauthorized document. below is of this Title or type of document: Number of pages: Date of document Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE /'1 /) -/~ .~ CALIFORNIA ALL.PURPOS~ ACKNOWLEDGMENT No. 5907 State of (\ O~ \.Jl'1r G \[1-- County of ~...{\ \)~b .~ On ~ - h.l -Qa before me, f'uv, oR ~\ ~1cQ(' h m dt, J\.bltHI1t:=R {,I, ~ DATE \ ~N4ME rrLE OF OFFICER. E G . "JANE DOE. NOTARY PUBL1C~ r personally appeared ~nu m. LA Xt"- te " NAME(S) OF SIGNER(S) ~ersonally known to me - OR - D proved to me on the basis of satisfactory evidence to be the personf&) whose name(st istafe. subscribed to the within instrument and ac- knowledged to me that he/cho.'tl,ey executed the same in his/hor.'tAoir authorized capacityRe-s-t, and that by his/hcr/thoir signature{st- on the instrument the personfst, or the entity upon behalf of which the personfst- acted, executed the instrument. AMY S. GOLDSCHMIDT Commission # 1162715 r- N~A~ ~u'Eblic - Ca/ifom,a::O GO County '" MyCommE'PiresNov 23. 2001 - WITNESS my hand and official seal. " ~Jtv1l\. dJ OPTIONAL Though the data below is not required by law. it may prove valuable to persons reiying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TITLE(S) D PARTNER(S) D LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) o GUARDIAN/CONSERVATOR D OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSQN(S) OR ENl1TV(IES) SIGNER(S) OTHER THAN NAMED ABOVE =1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 It( 4 -;/J .---' BON1) FOR MATERLU _~ 1\:1) LABOR (To Be ust.1 Prior to Approval oj Subdivision improvemen: f.g:reement) ?ile No.: BN-OOlI ::lond No.: 1377406 Premium: Tncludf'd in Performance Bond WHEREAS, the City COUD..'"il of the City of Chula Vi>.a, County of San Diego, State of Ca1ifornia, and WESTERN PAC I FI C HOUS lNG-BELLA NEVONA LLC (.n::rcinafrer "PriIdpal") desire 10 enter imo a Subdivision lmprovement ligreement (h~--r refeIT'"...d to as "Agreement") whereby Principal agree~ 10 lnstall and complete c...'"I1llin designated public lmprovem..'"Il1s for the project known as Bella Navona ; and VlHEREAS, Principal desires to commen::e COIl>'1!Uction of said public improvements prior 10 approval of said Agreement by the City Council of the City of CInlia Vista; and, WHEREAS, the City of Chula Vista, COllII!j' of San Diego, State of California, 1las issued to Prin~al CoIJStImionJ>=itNo. BN-OOll (hereinafrerreferred 10 as ~Pennin for the :public improVem::n1 work:as sctforthin:moreil...'"lail on City of-ClniIa YlSta Drawing Nos. 98-536 througb 98-540 , regarding construction of said :public .llt.pW"rnlI':]JtS, wirich Permit is h..--reby ref"ildl to and ~ .a :part 1lereof; JIIld, WHEREAS, llllder the -re=s of said Permit., Principal is required, before entering upon the performan::e of the work, to file a good .and sufficient payment bond with the City of Chula Vista to secure the claim< to which refer= is made in Title 15 (co",,,'"',,cing with Se...-tion 3082), Part 4, Division 3, of the Civil Code .of the State of California. NOW THEREFORE, said Principal and AMWFST SIJRETY INSURANCE COMPANY , a corporation of the State of N"h,...ob , (hereinafter "Surety"), areheId.and firmlybounduntotheCity ofChula Vista, a municipal corporation (hereinafter ~City~) in the County of San Diego, State of California, and all COmractoIS, suir...omrac:tors, 1.aborers, :materialm....-n and other persons employed in 1:he performance of the aforesaid P=it and ref=ed to in the aforesaid Code of Civil Pro:edure in the sum of ONE HUNDRED SEVENTY-SIX THOUSAND, FIVE HUNDRED dol1.ars, ($ 176,500.00 ), 1.awful money of the United States, for 1llllIeIia1s jnmioh-d or 1.abor thereon of any .kind, or for amounts due under the Uncmploy.ment Jnsmance Act wi1hrespect to such wotkor labor., 1i1lIt said :Surety will pay 1:he same in -.an .amonnt Dot .<':X=tiiTIg the .amol1D1llereinabove set forth, mld also in,case suit is brought upon this bond, will pay. in Mdilion 10 the filce ilIDOl1D1 thereof, costs ~ :reasonable ~ mld fees, including reasonable .~'s iees, in=ed by <City in S11~sfully -enfw.w..g -such .0b1iga1ion, to be awarded and frxed by the conrt, .and to be taxed as costs and to be included in the judgm::m therein:rendered.. 11 is hereby expressly stipulated and agreed that this bond shall inure 10 the b=fit of any and all persons, co.l.ll!'.wi:s and corporations entitled 10 file claims llIld::r Title 15 (c:o=ncing with Sec:tion 3082), Part 4, Division 3, of the Civil Code, so as 10 give a right of action to th= or their assigns in any .suit brou~t upon this bond. Should the condition of this bond be fully p::rformed, then this obligation shall become mill and void, otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, e=sion of time, al1ermion or addition to the teIlIlS of the Pemrit or 10 the work to be perfonned thereunder or the specifications accompanying , ;i/.,LJ-/? the same shall in anywise affect i!s obligations on this bODd, and i: does hereby waive notice of any SUCD change, eA'1ensioD of time, alteration or addition to the terms of the Permit or to the wort or to the spe_iJ::ations . IN WITNESS WHEREOF, this instrum..."'IJ1 has been duJy executed by the Principal and Surety above named, on <;pptpmber 3 ,19 98 . t:9ESIt.KN t""Al:I~Il..; HUU;:'INli-tst:.lLA NEVUNA LU'::, a." Delaware limited liability com~any by LAMCO.HOUSING !NC. a California Name of _ al (APPli~ AMWEST SURETY INSURANCE COMPANY Name of Surety Company By '----' Lance M. Waite By Vice President Woodland Hills, CA 91367-4945 City State Zip Code Bond!.P~jjtp No. 1377406 ABOVE-SIGNATORIES MUST BE NOTA1H7.Jm I 1#:;iiiRmERI! i7~ Bond!Jilc;4a~Y /.No.: 1377406 Prin...--ipal WESTERN PACIFIC HOUSING-BELLA NEVONA LLC -'\monm Onp Hundred Seventy-Six Thousand. Five Hundred Dollars ($176.500.00) In Favor of Cirv of Cnula Vista ThisbODd, subminedfor Western Pacific Housinq-Bella Nevona LLC , covers CODSII1JCIiOD of public improvements, if any, both prior to :and subsequem to, City approval of Principal's Subdivision Improvement Agreement as 10 the project known as Be 11 a Navona T.his:Rider is E:ffe::tive Spptpmber 3. 1 q98 Name of Surety ~s~~ {./ Bronwyn Mur ck, Attorney-in-Fa t ABO GNATORlES MUST BE NOTAFT7.Im By APPROVED AS TO FORM: R:\HOMElENGlNEER\LANDDEV\FORMS\M&L BOND.lUD J'/4-'iY - City L:) ----- ALL P(ffiPOSE ACKNOWLEDCEME!'IT STATE OF CALIFORNIA ) ) s.s. ) COUNTY OF Los AnQe 1 es September 3, 1998 R. Lance Adair. notary pllhlir Bronwyn Mllrdork personally kAown to me; or proved to me on the basis of satisfactory evidence to be the person(s) whose name(~) is/~ subscribed to the within instrument and acknowledged to me tha~ ~a/she/~a1 executed the same in ~/her/~~ authorized capacity(ia:s), and that by :hO><:l/her /tilah:: signature~) on the instrument the person'( 5) or the entity upon behalf of which the person(:s:) acted, executed the instrument. On , before me, , personally appeared x WITNESS my hand and official seal. (SEAL) ..................................... : Q). R LANCE ADAIR : ~ " '. COMM. #1106675 ~ s -II> >>NOTARY PUBLIC - CALIfORNIA S 2' LOS ANGElES COUNTY 2 : My Comm. Expires JulY 24.2000 : ..................................... /'/. c:::?"'-?-<.~ ~L-c<--: Signature of Notary Public ================================================================= CAPACITY CLAIMED BY SIGNER: 'l'llouyh statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. . Individual (s) Corporate Officer(s) Titles Partner(s) X Attorney-in-Fact Trustee(s) Guardian/Conservator Other: and and Limited General Signer is representing: Surety ATTENTION NOTARY: Although the information requested optional, it could prevent fraudulent attachment certificate to unauthorized document. below is of this Title or type of document: Number of pages: Date of document Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE /'1-4/7 CALIFORNIA ALL.PURPOS.. ACKNOWLEDGMENT NO.S9G7 DATE E, TITLE OF OFFICER. E.G., "JANE DOE. NOTARY PUBLIC" h_J~~ It . NAME(S) OF SIGNER(S) personally appeared gJ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(-s:l whose name(.s.) is/are- subscribed to the within instrument and ac- knowledged to me that heI3Ac/they' executed the same in his/her/th,,+r authorized capacity(tes-), and that by his/hEr/thoir signature(st" on the instrument the perso,*,?, or the entity upon behalf of which the perso~ acted, executed the instrument. AMY S. GOLDSCHMIDT CommissIon # 1162715'" . Notary Public - California :l) SAN DIEGO County ~ MyCommExDICesNov 23, 2001 WITNESS my hand and official 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 o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TlTLE(S) o PARTNER(S) o LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTTY(IES) SIGNER(S) OTHER THAN NAMED ABOVE <<:>1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 JL/ A- ---;20 LIMIT-'D POWER OF ATTJRNEY Amwest Surety Insurance Company Exoiration Date: 06/16/00 POWER NUMBER 0000903812 This document is printed on white paper containing the artificial watermarked logo (It ) of Amwest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney ("PO A") are valid. This POA may not be used in tonjunction with any other PDA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company (the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (Rl R) 246_.c;~.c;" KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint: Richard L. Adair R. Lance Adair Bronwvn Murdock As Employees of SURETY INSURANCE SERVICES CO, its true and lawful Attorney-in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreemem for a Miller Act or other performance bond or other written obligations in the nature thereof as follows: Bid Bonds up to 51.000,000.00 Contract Bonds up to 55,000,000.00 License and Permit Bonds up to 51,000,000.00 Miscellaneous Bonds Up To 51,000.000.00 Small Business Admistration Bonds up to 51,250,000.00 and to bind the company thereby. This appointment is made under and by authority of the By-Laws of the Company, which are now in full force and effect. I, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By-Laws of each company, are now in full force and effect. Bond No. 1377406 Signed&sealedthis~dayof September 19--9.!L ~p t2."t~ ~ren G. Cohen, Secretary * * * * * * * * * * * * * * * * * RESOLUTIONS OF THE BOARD OF DIRECTORS * * * * * * * * * * * * * * * * * * * * * * * * * * * This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December IS, 1975: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in.fact or agent and revoke any POA previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery ofany bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 12th day of Deeember, 1997. a ~ / / / ~ ~ C- P<7~~~ ~X/. ~ , John E. Savage, Preside t Karen G. Cohen, Secretary Slate of California County of Los Angeles On December 12, 1997 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) isfare subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in hisfherftheir authorized capacity(ies), and that by his/herftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESsmY~~dandOffiClalsea61 . ' a - :..::....L.~ -. .. f ,""'''''''''''' '--P 1 ~ r......' .......,....... r ""'~~' \~~U;;;~,.". a..~ $ Col,....' . .illll61ll61 f /r..'voi?-poi9~.~\ Slgnatuce (Seal) 2 NotartLoo~.-,.~ - !~iv ~\(1, ,,,,,, Wl'" i ~..... -". 1 _~.<!: "..~_ ~Comm "-"-"'-61999 gCl)'- DEC14 Cl\l"~ "'. ......-.-. . ~r'. 1995' ;O(")~ -------~----- '<1>... -t, 'l'''' \\)}\.. ~(JR"",*,..i~i -"'~iit*.~~~",.",'" >.""11."".... 5230 Las Virgen.. Road Calabasas, CA 91302 TEL 818 871-2000 J q ~~/ All ~ THIS PAGE IS BLANK ) 'I f? ./ rJ.- J- r-'; ~ I SURVEY MOJ\LjMR~l INSTA..LLA TIO~ BO:ND ! .:-ile No.: BN-OOl F 30nd NO.1377424 Premium.:$300.00 LET IT BE KNOWN BY TRESE PRESENTS, tbat WESTERN PACI FI CHOUSING-BELLA NEVONA LLC as the subdivider (=einafter "Prin....'ipan, and AMWEST SURETY INSURANCE COMPANY . a corporation of the Srate of Nebras ka (n..'7einafter "Surety~), are held and firmly bOUDd unto the City of CImla Visr2., a muni::ipal corporation fnerein.afier "City~). in the COUDt}' of San Diego, State of California, and to and for the b=fit of any and all persons who may suffer rlama~e by reason of the breach of the conditions hereof, in the penal sum of SHFN THOIISAND, TWO HIINDRFO AND NO/lOOTHS - - - - - - dollars ($ 7.200.00 ) lawful money of the United States, to be paid to City. VlBEREAS. Principal is presently engaged in subdividing certain lands to be known as Be 11 a Navona subdivision in the City of Chula Vista; and, WBEREAS. Principal and City have entered into a Subdivision Improvement Agreement approved by City Co=il Resolution No. (her"...inafter referred to as "Agreement~) whereby Principal agrees to install durable survey monumenrs for said subdivision, which said Agreement, dated , 19_, and identified as project Be 11 a Navona is hereby referred to and made a pal1 hereof; and, "WHEREAS, P.r:in=ipal desires to not install durable survey monrnnents prior to the rec:ordarion . of the :fina] :map of the subdivision and desires to inst:all same at 11 later date, NOW, THEREFORE, the condition of the above oblig.won is that if Principal shall have installed durable monuments of the survey by 5B&0. INC.. (Name of~ Civil ~ c: l.ud Surveyor) in ac:c:ordan::e with the :fina] map of said subdivision, a copy of which said map is hereby made and same is inc:orporared herein as though set forth in full, and ac:c:ording to the ordinances of the City of Chula Vista in full fo= and effect at the time of the giving of this bond, on or before the expiration of thirty (30) consecutive days following completion and ac:c...-ptance of public improvements within said subdivision as sp'"...cified in said Agreement, then the obligation shall be void, otherwise to be and remain in full force and effect. /r;f ~,2.3 IN v,7ITI\.::.SS Wl1EP-EOF, this instrumere hz.s b::en duly exe:uted by !he hincipal and SUT::!)' abo\'~ named, o~ September 3 , 191L u........" , nu'~ ..... WESTERN PACIFIC HOUSING-BELLA NEVONA LLC, a Delaware limited liability company by LAMCO HOUSING, INC., a California cor oration ana in Member Name of ". ipal (Applicant) ";;/ // By : CA...- ~nce M. Waite, Vice President o By 1377424 ~ Bondf.?~}]tP No. uco"; AMWEST SURETY INSURANCE COMPANY Name of Su=y Company 21650 Oxnard Street. Suite 400 Address of Sm::ty Company Woodland Hills, CA 91367-4945 City State Zip Cod:: ABOVE-SIGNATORIES MUST BE NOTARTZlm "~~w.'. ",w.... '. .'~..=.. APPROVED .AS TO FORM: I~p-J:)h ~~~~_ .... ell J .-...- City Attorney d H:\HOME\ENGINEERIl..ANDDEV\FO~\MON _BDND.FRM / t/ /f ..... ",,2.1 ALL PlffiPOSE ACKNOWLnDGE1Vffi~ STATE OF CALIFORNIA ) ) s.s. ) COUNTY OF Los Anae 1 es On ~ , before' me, , personally, appeared September 3, 1998 R. Lance Adair. notary puhli~ Bronwyn Murnod personally kflown to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is/~ subscribed to the within instrument and acknowledged to me tha~ mE/she/bba~ executed the same in ~/her/U~$~ authorized capacity(xEE), and that by :txk1I/her /tbaix: signature~) on the instrument the person'( s) or the entity upon behalf of which the person(lIl) acted, executed the instrument. x WITNESS my hand and official seal. (SEAL) .....................................- ~ ~ R. LANCE ADAIR .~ R. COMM, #1106675 R 5 . NOTARY PUBLIC - CALIfORNIA 5 2 -, LOS ANGElES COUNTY 2 : My Comm ExptJt!s July 24 2000 : ..................................... /7 C:::~~, < ra~4~~ Signature of No-ary PubllC ================================================================= CAPACITY CLAIMED BY SIGNER: '!'llouyh statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. x Individual(s) Corporate Officer(s) 'l'itles Partner(s) Attorney-in-Fact Trustee(s) Guardian/Conservator Other: and and Limited General Signer is representing: Surety ATTENTION NOTARY: Although the information requested optional, it could prevent fraudulent attachment certificate to unauthorized document. below is of this Title or type of document: Number of pages: Date of document Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO TilE DOCUMENT DESCRIBED ABOVE /1/f --;2.~ CALIFORNIA ALL.PURPOS~ ACKNOWLEDGMENT No. 5907 personally appeared ME. TITLE OF OFFICER - E.G., "JANE DOE. NOTA Y PUBLIC' lJ06i1t . NAME(S) OF SIGNER(S) [)Q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the personfs1- whose nam~ is/ate subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/he,/t1,eir authorized capacity(+e.&1, and that by his/h~H,'t1,eir signaturef&) on the instrument the personfst, or the entity upon behalf of which the personfs-} acted, executed the instrument. DATE AMY S. GOLDSCHMIDT Commission # 1162115'" . Notary Public - Califomla;:O SAN DIEGO County en MyCommE'piresNov23,2001 - 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 o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TITLE(S) o PARTNER(S) o LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEASON(S) OR ENTlTY(lES) SIGNER(S) OTHER THAN NAMED ABOVE (:11993 NATIONAL NOTARY ASSOCIATION a 8236 Remmel Ave., P.O. Box 7184 a Canoga Park, CA 91309.7184 /L/.r1 ~ e2? 'LIMIT~D POWER OF ATI>RNEY Amwest Surety Insurance Company E""iration Date: 06/16/00 POWER NUMBER 0000903813 This document is printed on white paper containing the artificial watermarked logo (A ) of Amwest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not be used in -conjunction with any other PQA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expil'3tion date. Amwest Surety Insurance Company (the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission ofthe Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (R1R~ '246_~l.c;1 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint Richard L. Adair R.. Lance Adair Bronwvn Murdock As Employees of St:RETY INSURA""CE SERVICES CO. its true and lawful Attorney-in-fact. with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows: Bid Bonds up to $1.000.000.00 Contract Bonds up to 55.000.000.00 License and Permit Bonds up to 51.000.000.00 Miscellaneous Bonds Up To 51,000.000.00 Small Business Admistration Bonds up to $1.250,000.00 and to bind the company thereby. This appointment is made under and by authority of the By-Laws of the Company, which are now in full force and effect. I, the undersigned secn::taT)' of Amwest Surety Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Anorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Anorney, and that the relevant provisions of the By-Laws of each company, are now in full force and effect. Bond No. 11774?4 Signed & sealed this 3rlL day of Spptpmhpr 19~ ~p /2~,,"~ Karen G. Cohen, Secretary .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... RESOLUTIONS OF THE BOARD OF DIRECTORS ...................................................... This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December IS, 1975: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such anorney-in-fact or agent and revoke any POA previously granted to such person. RESOL YED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company; (i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 12thdayofDecemb....1997. a ~ / 1,/ ~ ~ Co- so<;7~~~ ~..x:/. ~~ , John E. Savage, Preside t Karen G. Cohen, Secretary State of California County of Los Angeles On December 12, 1997 before me, Peggy 8. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my ~~d and offiCIal sea61 , ' -.. -. .. .- -. :..~: -I..::..... - f """"'"'''''',,,,,, "-P' .~ rcwwT ...........-. r .......~;.\~!'L.'4~.",," o-,~ $. =~.!~ I l,..,<v.....O'<'POI1;,....1<\ S,gnature (Seal) ~ Loo ........,._..... - ,::::C/O ~....c>"\. ,,,,,, WI" 1 ~..... -", 1 ' -' ,~ o. ~ ' My Comm. ElcplNI Aug 6. 1999 l~l- D~~9~4, )On) -- -- ..... ...... ...... ..... ..... -- ...... -- -- ..... 'Ill.', 1-. ...!, \~~~8Fl ,,'6*;.{!-;! "'.;Z~~..*....~~~""., ,,,,,,,...,,,,, 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 / /j- ~.27 RESOLUTION NO. /9:</S- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 98-07, BELLA NAVONA, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NUMBER 19014 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer for Bella Navona has executed a Supplemental Subdivision Improvement Agreement (SSIA) in order to satisfy Conditions 1, 24, 25, 26, 28, 29, 30, 31, 32, 35, 41, 50, 52, and 53 of Resolution 19014 for Tract No. 98-07. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula vista Tract No. 98-07 Bella Navona a copy of which is on file in the office of the city Clerk as Document No. do:? 98 - /7). BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by John P. Lippitt Director of Public Works ~,)p1 W'f!~ Jo . Kaheny . City Attorney c:\cbs\cvcity\reso\bella.nav /i/{]--j ;-L/B-..E?5 RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Developer Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR BELLA NAVONA (Conditions 1, 24, 25, 26, 28, 29, 30, 31, 32, 35, 41, 50, 52 and 53 of Resolution 19014) This Supplemental Subdivision Improvement Agreement ("Agree- ment") is made this _ day of , 1998, by and between THE CITY OF CHULA VISTA, California ("city" or "Grantee" for recording purposes only) and WESTERN PACIFIC HOUSING - BELLA NEVONA, L.L.C. a Delaware Limited Liability Company ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is referred to as Bella Navona, Chula Vista Tract 98 - 07. For purposes of this Agreement the term "proj ect" shall mean "Property". B. Developer is the owner of the Property. C. Developer has applied for and the City has approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract 98-07, BELLA NAVONA, ("Tentative Subdivision Map") for the subdivision of the Property. 1 /2/{J -;L D. The city has adopted Resolution No. 19014 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution, a copy of which is attached hereto as Exhibit "B" and incorporated herein. E. City is willing, on the premises, security, terms and conditions herein contained to approve the final map for which Developer has applied as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. 1.2 Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether city has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceed- ings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. a. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project, Developer may have the right to obtain a release of any of Developer's obligations under this Agreement, provided Developer obtains the prior written consent of the City to such release. Such assignment shall, however, be subj ect to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the reasonable satisfaction of the city, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. 2 ;'/(J/J b. 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 and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. 2. Condition Nos. 1 and 32. - (Public Street Improvements). In satisfaction of Condition Nos. 1 and 32 of Resolution No. 19014, the Developer agrees as follows: 2.a. Improvement Work i. To construct East "J" Street to Class II Collector roadway standards, including all other appurtenances and appurtenant work, in accordance with city of Chula vista Drawing Nos. 94-202 through 94-205 (7 sheets). ii. To construct missing off-site street improvements, including all other appurtenances and appurtenant work, along the full frontage of the north side of East "J" street between River Ash Drive and Red Oak Place as detailed on the applicable sheets of Drawing Nos. 94-202 through 94-205 (7 sheets). iii. To construct the street improvements and land development work in and adjoining said subdivision as described herein ("Street Improvements"), at its own expense, without any cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer. Developer further agrees to furnish the necessary materials therefor, all in strict conformity and in accordance with the Drawings referenced herein which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. Developer shall complete construction of the Street Improvements on or before the earlier of the second anniversary date of Council approval of this Agreement or, if prior to Council approval of this agreement, a construction permit was issued for any portion of said street improvement, then construction on that portion for which a permit was issued shall be completed on or before the second anniversary date of issuance of said permit. It is expressly understood and agreed to by Developer that, in the performance of construction of said Street Improvements, Developer shall conform to and abide by all of the provisions of the ordinances of the City of Chu1a vista, and the laws of the State of California applicable to said work. 2.b. Bonding. i. Developer agrees to furnish and deliver to the City of Chula vista, simultaneously with the execution of this 3 /'1!J-'j Agreement, and to thereafter maintain until city acceptance of the work referenced herein, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sums as set forth on Exhibit "C", which security shall guarantee the faithful performance in connection with the installa- tion of the street Improvements described above. ~~. Developer agrees to furnish and deliver to the city of Chula Vista simultaneously with the execution of this Agreement, and to thereafter maintain until city acceptance of the work referenced herein, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sums as set forth on Exhibit "c" to secure the payment of material and labor in connection with the installation of said Street Improvements, which security is shown on Exhibit "C." iii. Developer acknowledges and agrees that if the Street Improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Street Improvements in accordance with those approved plans and specifications described above, or at the option of the City, for those improvements described above that are less than, but not greater to, the sums provided by said improvement securities. upon certification of completion by the ci ty 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 the Developer or its successors in interest, pursuant to the terms of the improvement security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including limited and reasonable design and administration of construction in substantial conformance with the approved plans (including a reasonable allocation of overhead), and any proceeds from the improvement security. 2.c. Developer's Costs and Expenses. 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 the city or the City's officer, sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor. 2.d. Plan Check fees and Additional Costs. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by city in connection with the approval of the Street Improvements plans and installation of street Improvements described above, as required by City and approved by the City Engineer shall be paid by Developer, and that 4 JLJ!J~S Developer shall deposit, prior to recordation of the Final Map, with city a sum of money sufficient to cover said cost. 2. e. Maintenance Costs. Developer understands and agrees that until such time as all of the Street Improvements as covered by any particular bond are fully completed and accepted by city, Developer shall be responsible for the care, maintenance of, and any damage to, such streets and any alleys, easements, water and sewer lines. It is further understood and agreed that Developer shall guarantee all of the Street 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 Developer, its agents or employees in the perfor- mance of this Agreement, and that upon acceptance of the work by city, Developer shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 2.f. Indemnification. Developer further understands and agrees 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 Developer, its agents or employees, or indemnitee, related to the construction of the street Improvements. Developer 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 Developer, its agents or employees, or indemnitee, related to the construction of the street Improvements; the approved improvement securities referred to above shall not cover the provisions of this paragraph. Such indemnification and agreement 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 street 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 modifica- tion of the point of discharge as the result of the construction and maintenance of the Street Improvements and the drainage systems. The approval of plans for the Street Improvements and related improvements 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 Street Improvements and related improvements. 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 Street Improvements. 3. Condition No. 24. - Building Permits. In satisfaction of Condition No. 24 of Resolution No. 19014, the Developer understands 5 jJ/IJ-t and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of its Project. Therefore, Developer agrees that the City may withhold building permits for the Property if anyone of the following occur: a. Regional development threshold limits set by the East Chula vista Transportation Phasing Plan have been reached. b. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. 4. Condition No. 25. - Compliance with Growth Management Ordinance. In satisfaction of Condition No. 25 of Resolution No. 19014, the Developer agrees to comply with that version of the Growth Management Ordinance in effect at the time a building permit is issued. 5. Condition No. 26 - Fire Condition No. 26 of Resolution No. install, test and operate all fire of any combustible materials in Municipal Code Section 15.36.030. 6. Condition Nos. 28 and 50. - Municipal Code Compliance. In satisfaction of Condition Nos. 28 and 50 of Resolution No. 19014, the Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Hydrants. In satisfaction of 19014, the Developer agrees to hydrants prior to the delivery compliance with Chula Vista 7. Condition No. 29. Subdivision Map Indemnity. In satisfaction of Condition No. 29 of Resolution No. 19014, the Developer agrees to defend, indemnify and hold harmless the city and its agents, officers and employees, from any claim, action or proceeding against the city, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, city Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the city promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the city fully cooperates in the defense. 8. Condition No. 30. - Erosion and Drainage Indemnity. In satisfaction of Condition 30 of Resolution No. 19014, the Developer agrees to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this Project. 9. Condi tion No. 31. Cable Television Easements. In satisfaction of Condition No. 31 of Resolution No. 19014, Developer agrees to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer further agrees to restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may 6 /1/[J-7 have been, or may from time to time be issued by the city of Chula vista. 10. Condition 35. street Trees. In satisfaction of Condition No. 35 of Resolution No. 19014, Developer agrees to install street trees in accordance with section 18.28.10 of the Chula vista Municipal Code and to use root barriers (cones) where necessary to reduce the impact of root systems disrupting adjacent sidewalks and rights-of-way. 11. Condition 41. - Lot 23 Setback. In satisfaction of Condition No. 41 of Resolution No. 19014, Developer agrees that, in order to ensure consistency with the front yard of Lot 26, the front yard setback for Lot 23 shall be thirty feet from the front property line. 12. Condition 52. Fee Payments. In satisfaction of Condition No. 52 of Resolution No. 19014, the developer agrees to pay the following fees in accordance with the city Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. SR-125 impact fee. e. Telegraph Canyon Sewer Basin Fee. 13. Condition 53. - Compliance with Applicable Laws. In satisfaction of Condition No. 53 of Resolution No. 19014, the developer shall comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstration said compliance as required by the City Engineer. 14. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction of Developer's obligation of Condition Nos. 1, 24, 25, 26, 28, 29, 30, 31, 32, 35, 41, 50, 52 and 53 of Resolution No. 19014. 15. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Bella Navona Tentative Map No. 98-07 (adopted by Resolution No. 19014) and shall remain in compliance with and implement the terms, conditions and provisions of the Resolution. 16. prepared party. Recording. This by either or both Agreement, or an abstract hereof parties, may be recorded by either 17. Building Permits. Developer understands and agrees 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 this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 7 /1/g,- g/ 18. 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.: Director of Public Works Developer: Western Pacific Housing 2385 Camino Vida Roble, Suite 107 Carlsbad, CA 92009 Attn.: Ryan Green 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 subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. 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 presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Exhibits. Any recitals set forth above and exhibits referenced herein are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforce- ment 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. B J'I(J ~ ~ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. Mayor of the city of Chula vista WESTERN PACIFIC HOUSING - Bella Nevona, L.L.C. a Delaware limited liability company By: Lamco Housing, Inc., a California corporation, Managing Member THE CITY OF CHULA VISTA By: Lance M. waite Its: Vice President ATTEST City Clerk Approved as to form by BANKBOSTON, N.A. A NATIONAL BANKING ASSOCIATION, AS AGENT City Attorney By: Its: (Attach Notary Acknowledgment) c:\cbs\cvcity\ssia\suppen.get 9 )1/!J //0 Oct-OS-99 10 :58.m F rom-BANKBOSTON 7703908434 T-398 P.09/13 F-517 IN jJIT~:eS6 WHEllBor, Ag.~ement ~Q g$ .x~c~t~d t.:lrJ:11. r:he partiel> heret.o h.vEl cal<S1e:d thi6 Lhe day and yea~ fi~.t bereinabove Bet Mayor of r:he Cir:y of Ch~la V1~!::a W~STARN ~ACIFIC HOUSING - Bella til'evona, L.~.C. a Delaware limited liability company By: Lamco Housing, Inc., a Ca2ifprnia corpo~atiop, I~anaqieq Member TaB CITY OF ~A VISTA ATTEST Ily: Lance M. Waite It~. Vice ~re~iQent City cIe:rl: Approved as to torm by BANKBOS'I'ON. N.A. A tiI'~TIONAL BANKISG ASSOCIATION. AS AGl!NT City At.tcrney Bv1!tj- /) l1-4':',c""J ,,,,4Dk It: s. ,",I<~ Pre"I,'/- (Attach Nor.~ry Ac~nowle4gmentl , "'cb..\c:"c:ll:y'....l..\"'...i="..".~$~ 5 It! (] ,Ij Oct~08-88 10:58.. F ro.-BANKBOSTON 770,809434 T-,8g P.08/1, F-517 STATE OF GEORGIA COUNTY OF FULTON On OCJOb<eL ?, /7 'iT!? beforeme,peTsonallyappearcd DA"J':'~ 2. 5,.I./",,,,r personally known to me (or proved to me On the baSIS of satisfactory evidence) to be the person whose name(s) arehs subscflbed to the withm instrUment and acknowledged to me that he/she/they execU1:ed the same In hislher/their aulhori"ed capacity, and that by hls/her/thetr signature(s) on the insmunent the person(s), or the ennlY upon behalf of which the person(s) acted, executed the instrument. WlTNESS my hand and official seal, Signature (l,,~4t; ~ Jtv~ / (SEAL) c::fiTt-now /z!!J/J2. 10/08/98 THU 08:49 FAX 760 431 7842 IN WITNESS WHEREOF, Agreement to be executed forth. WESTERN PACIFIC the parties hereto have caused this the day and year first hereinabove set 141005 THE CITY OF CHULA VISTA WESTERN PACIFIC HOUSING ~ Bella Nevona, L.L.C. a Delaware limited liability company By: Lamco Housing, Inc., a California orporation, Managing M er Mayor of the City of Chula Vista ATTEST City Clerk Lance M. WaJ.te s: Vice President o c," Approved as to form by City Attorney BANKBOSTON, N.A. A NATIONAL BANKING ASSOCIATION, AS AGENT By: Its: (Attach Notary Acknowledgment) ~:\obs\CVcity\~~iA\~uppen_qet 9; 1/ !J -' / 3 10/0~/98 THlT 08:50 FAX 760 431 7842 WESTERN PACIFIC II1i 008 - ' CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT NQ,~9(l7 before me, \f\^ \ \ 'r. _ ~ N.l'r.ME.Tll1.EOFQFFICER.Iii.G.,.JANEOOE.NOTA PU8l.1C" , I r \. \A)LU~ " NAME(S} OF SIGNGFltS) o personally known to me . OR . D 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 ac~ knowledged 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. ~Q Ul . 0: ' > -- ~- LORI L CRIPE 1 COMM #1074009 ~ NOTAif'{ f'UBUC - C'J\L\FORtoHA m SAN O\l:GO cOUNTY' My Com11'l. ()lp\"~" Oct. 14, 1999 d and official seal. Though Ihe data below is nol required by law, it may prove valuable 10 persons relying on lhe document and could prevenl fraudulent reatlachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT -rm.E(S) o PARTNER(S) o LIMITED o GENERAL o ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNERJS REPRESENTING: f\WlIE; OF PEASON(5) OR EHTTT"f'!lES) SIGNER(S) OTHER THAN NAMED ABOVE 0'993 NATIONAL NOTAjYylfT"; if Remm.' A..., P.O. eQ' "94. Canoga P.",. CA """9-7'8< EXHIBIT "A" PARCEL 2 OF PARCEL MAP NO. 18036, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 22, 1998 AS FILE NO. 1998-0305225 OF OFFICIAL RECORDS Ji!J ~/5 11 THIS PAGE IS BLANK Jtj(J r-/~ EXH~Blf --L ,- RESOLUTION NO. 19014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION AND GRANTING APPROVAL OF A TENTATIVE MAP TO ALLOW THE SUBDIVISION OF 5.25 GROSS ACRES INTO 28 SINGLE FAMILY LOTS RANGING IN SIZE FROM 5,000 TO 8,300 SQUARE FEET ON THE SOUTH OF EAST "J" STREET BETWEEN RIVER ASH DRIVE AND THE CURRENT TERMINUS OF WILD OAK ROAD OFF OF PASEO LADERA. I. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description herein, the Project consists of 5.25 acres located on the south side of East "J" Street between River Ash Drive and the current terminus of Wild Oak Road off of Paseo Ladera ("Project site"); and B. Project Applicant WHEREAS, on a duly verified application for a tentative map (PCS 98-07) with respect to the Project Site was filed with the city of Chula Vista Planning Department by Western Pacific Housing ("Applicant") on December 18, 1998; and C. Project Description; Application for Tentative Map/SPA Amendment WHEREAS, Applicant requests permission to subdivide 5.25 acres into 28 lots on the Project Site; and D. Environmental Determination WHEREAS, in accordance with the requirements of CEQA, the Environmental Review Coordinator has determined that the Project requires the preparation of an Initial Study and a Habitat Conservation Plan, such initial study (IS 98-23) was prepared, and based on such study a Mitigated Negative Declaration was prepared and circulated for public review; and E. Resource Conservation Commission Record on Application WHEREAS, the Resource Conservation Commission considered the Negative Declaration based on IS 98-23 voted 5-0-0-1 not to recommend adoption of the Negative Declaration; and F. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 13, 1998 and voted 4-0-3 adopting Resolution PCS-98-07 and PCM /'-/3-/7 Resolution 19014 Page 2 98-33 recommending that the City Council adopted Negative Declaration IS-98-23, and approve the tentative map and amendment to the Specific Plan; and G. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on May 26, 1998 to receive the recommendation of the RCC and Planning Commission. and to hear public testimony with regard to the same. II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this Project held on May 6. 1998 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. COMPLIANCE WITH CEOA In accordance with the requirements of CEOA, the City Council hereby adoPts the Mitigated Negative Declaration issued on IS-98-23. IV. TENTATIVE SUBDIVISION MAP FINDINGS: A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map as conditioned herein for Bella Nevona, Chula Vista Tract 98-07 is in conformance with the Ranchero Sectional Planning Area Plan, as amended, and the elements of the City's General Plan, based on the following findings: 1 . Land Use The Ranchero Sectional Planning Area has an overall holding capacity of 415 units. Currently, there are 369 lots created within the EI Rancho Del Rey Development. As a result, the proposed 28 lots is within the limits of the overall holding capacity. In addition, the SPA plan is being amended concurrently to allow the development standards proposed with this Map. 2. Circulation All of the on-site streets required to serve the subdivision will be constructed. The public streets within the Project will be designed in accordance with the City design standards and/or requirements and provide for vehicular and pedestrian connections with adjacent streets. 3. Housing The project is an infill project surrounded by residential development and does not involve any public facilities that would induce any further substantial grown. The Ll 0/ project site does not involve any existing housing that would be displaced. The project / /'!J -/0 Resolution 19014 Page 3 will provide additional housing consistent with the zoning and development patterns of the neighborhood. 4. Conservation The developer has prepared a Habitat Conservation Plan (HCP) and has received an incidental take permit from U.S. Fish and Wildlife Service (USFWS) pursuant to Section 1 0(a)(1 )(B) of the Endangered Species Act of 1973, as amended (ESA). This permit authorizes the take of 1 pair of coastal gnatcatchers in association with the proposed single family residential development of the project site. 5. Parks and Recreation, Open Space The developer will be required to pay the Park Acquisition and Development Fee with the Final Map approval. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. The main trace of the La Nacion Earthquake fault, a potentially active fault is Y, miles to the west and would nor directly nor indirectly impact the project site. The site is not currently within a mapped Earthquake Fault Zone. 7. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. 8. Noise The project is required to meet existing standards for residential development. All dwelling units must be designed to preclude interior noise levels over 45 dBA and exterior noise exposure to 65 dBA in accordance with the City's performance standards and the noise level standards of the Uniform Building Code. 9. Scenic Highway The project is not adjacent to scenic highways. 10. Bicycle Routes No bicycle routes are required with the proposed development. The recently created parcel map (Tentative Parcel Map 98-05) requires, as a condition of approval, that the developer of said parcel map provide a bikeway on East" J" Street along project frontage. )i!J~/<J Resolution 19014 Page 4 11 . Public Buildings No public buildings are proposed on the project site. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the oPtimum sitting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Project subject to the general and special conditions set forth herein. V. TENTATIVE SUBDIVISION MAP CONDITIONS OF APPROVAL Prior to approval of the final map unless otherwise indicated, the developer shall: STREETS. RIGHTS-OF-WAY. AND PUBLIC IMPROVEMENTS 1. The following street improvements shall be constructed: a. Construct East "J" Street to Class II Collector roadway standards in accordance with City of Chula Vista Drawing Nos. 94-202 and 94-205. b. Construct missing off-site street improvements along the full frontage of the north side of East" J" Street between River Ash Drive and Red Oak Place. 2. Provide a Class III Bikeway within East" J" Street. Normally, Class III Bicycle Routes share the right-most traffic lane with motor vehicles and are posted with "Bike Route" street signs only. 3. Enter into an agreement with the Otay Water District for water facility improvements extending to and connecting with the existing water mains within East" J" Street at the easterly subdivision boundary and at River Ash Drive. Install new domestic water service. 4. Design and construct all public improvements in accordance with Chula Vista Design Standards, Chula Vista Street Standards, and the Chula Vista Subdivision Manual, Iff!] - c2. CJ Resolution 19014 Page 5 unless otherwise approved by the City Engineer. Submit improvement plans detailing horizontal and vertical alignment of said public improvements for the review and approval of the City Engineer. 5. Said public improvements shall include, but are not limited to, asphalt concrete pavement, crushed aggregate base, concrete curb, gutter and sidewalk, sewer and water utilities, drainage facilities, street lights and signs, street knuckles and fire hydrants. 6. Guarantee, prior to approval of the Final Map, the construction/installation of all improvements within the subdivision (streets, sewer, drainage, utilities, etc.) deemed necessary to provide service to the subject subdivision in accordance with City standards. 7. Submit and obtain preliminary approval for proposed street name(s) from the Director of Planning and the City Engineer. Street name(s) shall be subject to approval by the Planning Commission. Dedicate to public use rights-of-way for all streets shown on the Tentative Map within the subdivision. Approved street name(s) shall be shown on the Final Map. 8. Relocate the existing street light on East" J" Street near the westerly subdivision boundary to the north side of East "J" Street at its intersection with the proposed residential street within the subdivision. Add an additional street light at property line 4/5. All street light locations shall be subject to review and approval by the City Engineer. 9. Construct sidewalks and pedestrian ramps on all walkways to meet or exceed "Americans with Disabilities Act" standards. 10. Prior to approval of the Final Map, present written verification to the City Engineer from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. 11. The proposed residential street within the subdivision which intersects East" J" Street must meet intersection design sight distance requirements in accordance with City standards. GRADING AND DRAINAGE 12. Submit for approval by the City Engineer, a detailed grading plan in accordance with the Chula Vista Grading Ordinance No. 1797, as amended. 13. An erosion and sedimentation control plan shall be prepared as part of the grading plans. 14. Prior to approval of the grading plan and the issuance of a grading permit, submit a soils/ geologic report for review by the City Engineer. 15. Submit hydrologic and hydraulic studies and calculations, including dry lane calculations for all publiC streets. Calculations shall also be provided to demonstrate 1'18--'</ . Resolution 19014 Page 6 the adequacy of downstream drainage structures, pipes and inlets. Private drainage systems within 1, 2, and 3 shall be designed to convey 1 OO-year design storm flows under open channel flow conditions. 16. Storm drains shall be designed in accordance with the Subdivision Manual and Chula Vista Grading Ordinance No. 1797, as amended. 17. Provide improved access to all storm drain c1eanouts, or as approved by the City Engineer. 18. Design storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution to the satisfaction of the City Engineer. Subsequent owners of Lots 1, 2, 3, and 4 shall be informed of, and provided a copy of, the Chula Vista Municipal Code Chapter 14.20 regarding non-storm water discharge prohibitions, including, but not limited to, the discharge of oil, pesticides, fertilizers, herbicides, wash waters, and chlorinated swimming pool water. 19. Lot lines shall be located at the tops of slopes, except as approved by the City Engineer. Lots shall be graded to drain to the street or an approved drainage system. Runoff! drainage shall not be permitted to flow over slopes. 20. Ten feet-wide private storm drain easements shall be granted on the Final Map for the benefit of Lots 1, 2, and 3 in conformance with the requirements of Chula Vista Municipal Code Section 18.20.150. Concrete-lined drainage ditches shall not be constructed over private storm drain pipes. 21. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Planning Director. 22. Prior to approval of Final Map, the developer shall submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations. 23. The inclination of each cut or fill surface resulting in a slope shall not be steeper than 2: 1 (two horizontal to one vertical) except for minor slopes as herein defined. All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5: 1) contingent upon: a. Submission of reports by both a soils engineer and a certified engineering geologist containing the results of surface and subsurface exploration and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property, and b. The installation of an approved speFial slope planting program and irrigation system. 1'1.8 ~.J...( Resolution 19014 Page 7 c. A "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fill, between single family lots and not parallel to any roadway. AGREEMENTS 24. Prior to approval of the Final Map, the developer shall agree that the City may withhold building permits for the subject subdivision if anyone of the following occur: a. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. b. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. 25. Prior to approval of the Final Map, the developer shall agree to comply with that version of the Growth Management Ordinance in effect at the time a building permit is issued. 26. Prior to approval of the Final Map, the developer shall agree to install fire hydrants as required by the City Fire Marshall. Further, in compliance with Chula Vista Municipal Code Section 15.36.030, the developer shall agree to install, test and operate all fire hydrants prior to the delivery of any combustible materials. 27. Prior to approval of the Final Map, the developer shall agree to prepare, submit and obtain approval by the Director of Planning of a construction phasing plan. 28. Prior to approval of the Final Map, the developer shall agree to comply with all applicable sections of the Chula Vista Municipal Code. 29. Prior to approval of the Final Map, the developer shall agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 30. Prior to approval of the Final Map, the developer shall agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 31. Prior to approval of the Final Map, the developer shall agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of. ,/ f7 /' , ? the franchise and which are in further compliance with all other. rules, regulations, ) '7 U ,r. /' ordinances and procedures regul?ting and affecting the operation of cable television Resolution 19014 Page 8 companies as same may have been, or may from time to time be issued by the City of Chula Vista. 32. Prior to approval of the Final Map, the developer shall provide security to guarantee the constructionlinstallation of full public street improvements for East "J" Street and the residential street within the subdivision. OPEN SPACE/ASSESSMENTS 33. Prior to approval of the Final Map, agree to an increase of assessments imposed pursuant to Open Space District No. 10 and agree to complete all requirements of Proposition 218 as it relates to imposing an increase for such assessments. 34. Prior to approval of the Final Map, submit all Special Tax and Assessment disclosure forms for the approval of the City Engineer. 35. The developer shall be responsible for installation of street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. The use of cones shall be included where necessary to reduce the impact of root systems disrupting adjacent sidewalks and rights-of-way. EASEMENTS 36. Grant on the Final Map a minimum 20' wide easement to the City of Chula Vista for construction and maintenance of sewer and storm drain facilities within Lots 4, 11 & 24. 37. Grant on the Final Map a 5.5 feet-wide street tree planting and maintenance easement along all public streets within the subdivision to the City. Said easement shall extend from the property line and shall contain no slope steeper than 5: 1 (horizontal to vertical ratio), unless otherwise shown on the Tentative Map. MISCELLANEOUS 38. Submit copies of Final Maps, improvement plans and grading plans in a digital format such as (DXF) graphic file prior to approval of each Final Map. Provide Computer Aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5-1/4" HD or 3-1/2" disks. Submit as-built improvement and grading plans in digital format. Provide security to guarantee the ultimate submittal of improvements and grading digital files. Update electronic files after any construction pen and ink changes to the grading or improvement plans and resubmit to the City. 39. Tie the boundary of the subdivision to the California Coordinate System _ Zone VI (1983). 40. In order to provide more usable area, the rear yard of Lot 13 shall be increased by up to eight feet through the use of retaining walls no higher than four feet in height. /'-1 {J.~..2.1" Resolution 19014 Page 9 41. In order for consistency with the front yard of Lot 26, and to provide more openness to the cul-de-sac design, the front yard setback for Lot 23 shall be thirty feet from the front property line. 42. Submit a comprehensive fencing plan to the Planning Department for review and approval by the Director of Planning. 43. Submit a comprehensive street tree plan to the Planning Department for review and approval by the Director of Planning. 44. Submit to the Director of Planning a copy of the proposed CC & R's for the project for review and approval by the Director of Planning. Said CC & R's shall include alprohibition of external television antennas; b) prohibition against garage conversions and c) require a gate be installed for any fence constructed at the top of slope in the rear of Lots '-3 in order to provide access to the rear of the property. 45. Obtain for submittal to the City, from all corresponding school districts, a "will serve" letter or make other arrangements approved by the school districts. 46. Comply with all mitigation measures as outlined in the mitigation monitoring program issued for Negative Declaration prepared for IS 98-23, incorporated herein by reference. 47. Submit site plan and architectural elevations of the proposed single family dwelling units to the Planning Department for review and approval to ensure the product will conform to all the required development standards and be architecturally compatible with the surrounding development. 48. Pay applicable park fees per PDO (Park Dedication Ordinance) 49. The property owner shall notify the City at least 60 days prior to consideration of the Final Map by City if offsite right of way cannot be obtained as required by the Conditions of Approval. (Only offsite right of way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition). After said notification, the owner shall: a. Pay the full cost of acquiring offsite right of way or easements required by the Conditions of Approval of the Tentative Map. b. Deposit with the City the estimated cost of acquiring said right of way or easements. Said estimate to be approved by the City Engineer. c. Have all easement and/or right of way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings. d. pl!l/~s' If the developer so requests, the City may use its powers to acquire right of. way, easements or licenses needed for offsite improvements or work related Resolution 190 14 Page 10 to the tentative map. The developers shall pay all costs. both direct and indirect incurred in said acquisition. The requirements of a. band c above shall be accomplished prior to approval of the Final Map. All oftsite requirements which fall under the purview of Section 66462.5 of the State Subdivision Map Act will be waived if the City does not comply with the 120 day time limitation specified in that section of the Act. CODE REQUIREMENTS TO BE INCLUDED AS CONDITIONS OF APPROVAL: Chula Vista Municipal Code requirements to be included as Conditions of Approval: 50. 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. 51. All utilities serving the subject subdivision and eXIstIng utilities located within or adjacent to the subdivision shall be underground in accordance with City Code requirements. Further. all new utilities serving the subdivision shall be underground prior to the issuance of Building Permits. 52. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. SR-125 impact fee. e. Telegraph Canyon Drainage Basin Fee (Prior to the approval of the Final Map). f. Telegraph Canyon Sewer Basin Fee. 53. The developer shall comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstration said compliance as required by the City Engineer. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions 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 implemented and maintained according to their terms. the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits. deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. / ':18 -,2. ? Resolution 19014 Page 11 VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adOPtion of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that nay one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable. this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by ;?~U- J hn M. Kaheny ity Anorney Robert Leiter Planning Director /o/IJ-"z? Kesolution ;9014 "age 12 :exhibit t, . f. -, .~.'I .j -" ~,I :"!!!:;."I ":~J!i '~ ~1 :-.; , . ;~~ .: : li ,!l i;i ,;t r:J t,,: J il "I..~" :j :i,',' r,I::;r,i II r"r!oCS;. l' !~: :i hJ~ I ~ i. ~I .~ (l .-: . J " ;:~ ~, r. .t~ I .1, ~:: ~t.C~.1 ~ '. 'I 'I: l~ ~ ~;: I :; !: ~I ~., J..! 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'-'-.~---~_.'.'-~-"'" ---. ...--- .---....... ..... i;!'I! i!:.~H: E'!~H!!~!T:!:!~:! ---;"-. = ....-:.;:-_~ -;'i ~ .-.....-..-- -:-:..~.-- ....... . ~......... /?-7 -/J .~ ..,---. --- ....:. .,-..,~......:..~,..., ----------...:. /i!J -,2 r Resolution 19014 Page 13 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 26th day of May, 1998, by the following vote: AYES: Councilmembers: Moot. Padilla, Rindone, Salas and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~!f!t!~ Shirley Hor n, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19014 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 26th day of May, 1998. Executed this 26th day of May, 1998. ~",eC~ If!J -- ~ ( EXHIBIT "e" Improvement Security - Faithful Performance $176,500.00 $ 12,500.00 Improvement Security - Material & Labor $176,500.00 $ 12,500.00 Survey Monument Installation $ 7,200.00 J{IJ-3tJ COUNCIL AGENDA STATEMENT ~VJ5fJ) /6 Item Meeting Date 10/13/98 ITEM TITLE: Resolution /9;2/? Approving Final Maps of Chula Vista Tract No. 92-02, Salt Creek Ranch, Neighborhood 3, Units 7 through 12, and Neighborhood 4B, Units 1 through 7, Accepting on Behalf of the City of Chula Vista Public Streets and Easements Granted on Said Maps within Said Subdivisions, Rejecting on Behalf of the City of Chula Vista All Open Space Lots Granted on Said Maps within Said Subdivisions,. and Approving Subdivision Improvement Agreements for the Completion of Improvements Required by Said Subdivisions, and Authorizing the Mayor to Execute Said Agreements B) Resolution / f:2 17 Approving Supplemental Subdivision Improvement Agreement for Chula Vista Tract 92-02, Salt Creek Ranch, Neighborhood 3, Units 7 through 12, and Neighborhood 4B, Units 1 through 7, and Authorizing the Mayor to Execute Said Agreement SUBMITTED BY: REVIEWED BY: City Manage~ ~ ~ (4/5ths Vote: Yes_NoX) On October 6, 1992, by Resolution No. 16834, City Council approved the Tentative Subdivision Map for Chula Vista Tract 92-02, Salt Creek Ranch (see Attachment 1). On that tentative map, neighborhood boundaries were delineated. The Final Maps, Subdivision Improvement Agreements, and Supplemental Subdivision Improvement Agreement for Neighborhood 3, Units 7 through 12, and Neighborhood 4B, Units 1 through 7, (13 TOTAL) are now before Council for consideration and approval. A) RECOMMENDATION: That Council approve the resolutions approving: (A) the Final Maps and Subdivision Improvement Agreements; and (B) the Supplemental Subdivision Improvement Agreement. BOARDS/COMMISSIONS RECOMMENDATION: None. /5// Page 2, Item Meeting Date 10/13/98 DISCUSSION: Final Mans and Associated Imnrovement A~eements Neighborhood 3 is generally located south of Proctor Valley Road and west of Lane Avenue. Neighborhood 4B is located directly south of Neighborhood 3. The fmal maps for each unit consists of the following: Neighborhood 3, Unit 7 20 1 (0.796 Acres) 4.474 Neighborhood 3, Unit 8 22 1 (0.726 Acres) 3.963 Neighborhood 3, Unit 9 28 0 4.485 Neighborhood 3, Unit 10 23 0 3.497 Neighborhood 3, Unit 11 16 1 (0.831 Acres) 3.513 Neighborhood 3, Unit 12 15 0 2.502 Neighborhood 4B, Unit 1 6 0 0.569 Neighborhood 4B,Unit 2 27 1 (3.281 Acres) 7.299 Neighborhood 4B,Unit 3 15 0 2.751 Neighborhood 4B,Unit 4 34 0 5.210 Neighborhood 4B,Unit 5 19 0 3.184 Neighborhood 4B, Unit 6 21 0 3.818 4B,Unit 7 17 1 (0.935 Acres) 3.892 Plats for Neighborhoods 3, and 4B are attached as Attaclunents 2A, and 2B, respectively. Where they are placed in relationship to each other is shown on Attaclunent 2C. The fmal maps for the thirteen subdivisions have been reviewed by the Department of Public Works and found to be in substantial conformance with the approved Tentative Map. Approval /5/cA Page 3, Item Meeting Date 10/13/98 of the maps constitutes acceptance by the City of all drainage, sewer, tree planting, general utility, and general access easements within each of the corresponding subdivisions. Approval of the maps also constitutes acceptance, on behalf of the public, of the following streets: Neighborhood 3, Unit 7 Falcon Valley Drive, San Jose Court Neighborhood 3, Unit 8 Falcon Valley Drive Neighborhood 3, Unit 9 Falcon Valley Drive, San Jacinto Place Neighborhood 3, Unit 10 Rocking Horse Drive, San Lucas Place Neighborhood 3, Unit 11 San Lucas Place Neighborhood 3, Unit 12 Falcon Valley Drive, Rocking Horse Drive Neighborhood 4B, Unit 1 None on this map. MacKenzie Creek Road dedicated previously. Neighborhood 4B, Unit 2 Paso Robles Court, San Gabriel Place Neighborhood 4B, Unit 3 San Gabriel Place Neighborhood 4B, Unit 4 None on this map. MacKenzie Creek Road dedicated previously. Neighborhood 4B, Unit 5 San Rafael Place Neighborhood 4B, Unit 6 San Angelo Place Neighborhood 4B, Unit 7 San Juan Place Approval of the maps also constitutes acceptance of ten foot-wide general utility easements within Open Space Lots for the installation and maintenance of public utilities, and 5 1h' tree planting and maintenance easements along interior streets, noting that use of said easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista. However, approval of the maps does not constitute acceptance of the Open Space lots, noting that Section 7050 of the Government Code of the State of California provides that an offer of dedication shall remain open and subject to future acceptance by the City. At this time, the City is rejecting the dedication of all open space lots on all Final Maps. However, under Section 7050 of the Government Code of the State of California, these offers of dedication remain open and subject to future acceptance by the City. The five open space lots will be maintained by the Rolling Hills Ranch Homeowners' Association (HOA). /5,-3 Page 4, Item Meeting Date 10/13/98 Phasing of the completion of the local parks for this project has been revised. The neighborhood park implementation has been initiated before the community park as a result of existing constituent expression to the City of a need for local park facilities sooner than was feasible for the community park design and implementation. The decision to implement the neighborhood park before the community park was previously agreed upon by the Director of Parks and Recreation, City Administration and the Developer and discussed in a report to Council on December 9, 1997. The developer has executed a Subdivision Improvement Agreement and has provided bonds to guarantee construction of the required public improvements and the subdivision monumentation and benchmarks. The developer has executed one Supplemental Subdivision Improvement Agreement for all thirteen maps in order to satisfy the following conditions of Resolution 16834. 1. Condition No.2 of the resolution requires the developer to install public facilities in accordance with the Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. In addition, the sequence that improvements are constructed shall correspond to any future East Chula Vista Transportation Phasing Plan as may be amended in accordance with the final HNTB SR-125 Financing Study adopted by the City. The City Engineer and the Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 2. Condition No.4. of the resolution requires the developer, unless otherwise conditioned, to comply with, remain in compliance with, and implement, the terms, conditions and provisions of the Salt Creek General Development Plan, Sectional Planning Area Plan, and such Master Plan of Reclaimed Water, Urban Runoff Report, Habitat Enhancement Plan, Master Plan of Sewage, Water Conservation Plan, the Air Quality Improvement Plan Design Guidelines and the Public Facilities Financing Plan approved by the Council ("Plans ") as are applicable to the property which is the subject matter of the Tentative Map, prior to approval of the Final Maps, or shall have entered into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require, assuring that, after approval of the Final Maps, the developer shall continue to comply with, remain in compliance with, and implement such Plans. Developer hereby agrees to waive any claim that the adoption of a final Water Conservation Plan or Air Quality Improvement Plan constitutes an improper subsequent imposition of the condition. 3. Condition No. 58 of the resolution requires the developer to enter into an agreement to defend, indemnify and hold harmless the City and its agents, officers and employees, from /5>( Page 5, Item Meeting Date 10/13/98 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 Council or any approval by its agents, officers, or employees with regard to this subdivision provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 4. In accordance with condition No. 59 of the resolution the developer has agreed to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 5. Condition No. 68 of the resolution requires the developer to prepare, submit and obtain Director of Parks and Recreation (now the Director of Planning and Building), approval of a comprehensive Master Plan for the open space system, recreation trails and parks which shall include, but not be limited to, phasing of the installation of facilities in accordance with the recreation needs analysis. The Master Plan shall reflect: a. More precise location, size and configuration of parks, recreation and equestrian trails and fencing than indicated on the Tentative Map. b. A multi-use bridged trail crossing of Salt Creek to the community park in Phase 1 to create an east/west link over Salt Creek. c. The extension of equestrian and recreation trail systems to the eastern property boundary on the south side of Proctor Valley Road. d. Pedestrian walkways from cul-de-sac ends on San Lucas Place, San Marino Place, and San Bruno Place which are designed with open ends along Proctor Valley Road west of Hunte Parkway to the walk system adjacent to Proctor Valley Road. e. All open space access points shall have a minimum of 10 ft. clear vehicular surface, with an additional 2 ft. clear on either side of any vertical obstructions. f. Determination of the proposed open space district parcel boundaries and maintenance responsibilities. g. An equestrian-style fence adjacent to the 10 foot recreation trail along the north side of the Community Park, adjacent to Proctor Valley Road, and continuing /5/~ Page 6, Item Meeting Date 10/13/98 along the trail at the east side of the park to the point where the trail enters the park. h. Extension of the recreation trail within lots K and L adjacent to EastLake, along the southerly property line of Neighborhood 4d, along the westerly property line of said Neighborhood (future San Miguel Road), and the westerly edges of the Neighborhood Park and the Fire Station site. This trail shall be a minimum of 10 feet in width and provide maintenance vehicle access to each adjacent open-ended residential cul-de-sac. i. All aspects of work in the open space network and the park sites shall, when completed, comply with all approved landscape and irrigation standards. J. The design, and installation and improvement of the parks/open spaces shall, when completed, be in accordance with the standards set forth in the City Landscape Manual as may be amended from time to time. k. The above Master Plan for Phase One as identified in the PFFP shall be completed by the Developer on or before June 30, 1999. 1. The above Master Plan for Phase Two and Phase Three as identified in the PFFP shall be completed by the Developer on or before January 31, 2000. 6. In accordance with condition No. 69 of the resolution and the revised order of construction of the parks, the developer has agreed to phase the parks as follows: a. Complete construction of the portions of Proctor Valley Road and Duncan Ranch Road necessary to access the parking lot driveway of the community park. These streets shall be constructed with work commencing on or before March 31, 2001 and shall be diligently pursued to completion, in any case prior to January 31, 2002. The streets shall be constructed to the satisfaction of the City Engineer and the Director of Parks and Recreation (planning and Building). b. The Community Park shall be dedicated in fee and improvements commenced prior to March 31, 2001. Complete construction of all the facilities required for the Community Park shall occur on or before March 31, 2002. c. On or before April 2, 1999, Developer agrees to provide the City with fee title, in a form approved by the City attorney and free and clear of all encumbrances, to that real property, identified as the Neighborhood Park. The site of said Neighborhood Park shall be subject to the approval of the Director of Planning and JS/? Page 7, Item Meeting Date 10/13/98 shall equal a total of 5.71 net usable acres and 7.1 gross acres. Developer further agrees to commence construction of the Neighborhood Park no later than April 2, 1999. Developer may extend commencement of construction of said park for a period of time approved by the City, if such postponement is caused by the City's delay in approving park plans for the park or for some other reason approved by the City. The level of amenities required to be constructed by Developer for the Neighborhood Park shall be as set forth in the Rolling Hills Ranch Neighborhood Park Master Plan, as approved by the City Council, and may be modified and approved by the Director of Planning and Building. The Developer shall complete construction of the Neighborhood Park within one year of commencing construction of said park. d. Developer understands and agrees, that if the Community Park or Neighborhood Park are not completed within the time agreed herein and/or in accordance with the appropriate park master plans approved by the City, the sums provided by Developer in accordance with the Letter Agreement with Pacific Bay Homes and the City of Chula Vista, dated October 1, 1997, may be used by City for the completion of said improvements. 7. Condition No. 70 of the resolution requires the developer to dedicate all required parkland (22 gross acres, Community Park, 7 gross acres, Neighborhood Park) and park improvements in accordance with the Master Plan and construction documents prepared pursuant to Condition 73 as "turn-key" projects. The Director of Planning and Building shall have the right of final approval in the selection process of the general contractor for both of the park sites. 8. Condition No. 102 of the resolution requires the developer to mitigate noise impacts on the residences along Proctor Valley Road by the placement of solid walls or wall/berm combinations on the building pads at the top of the slopes adjacent to the roadway. The walls shall be solid masonry construction with a material weight of at least 3.5 pounds per square foot without any air spaces along their entire length. The end of each noise wall shall wrap around the building pad enough to block the line of sight from all points in the exterior living space to any portion of the impacting roadway. The Developer shall indicate on the grading plans for Neighborhoods 1, 3, 7B and 8 said walls in compliance with the Salt Creek Ranch SPA SEIR, subject to the approval of the City Engineer and the Director of Planning and Building. 9. Condition No. 121 of the resolution requires the developer to comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Pinal Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance an Subdivision Manual. /Y/ Page 8, Item Meeting Date 10/13/98 10. Condition No. 123 of the resolution requires the developer to provide some lots with residential fire sprinkler systems due to access requirements as determined by the Fire Marshal. In multi-family dwellings, if a sprinkler system is required for one building, all buildings in the project shall be sprinklered. 11. Condition No. 124 of the resolution requires the developer to make all proposed development consistent with the Salt Creek Ranch SPA Planned Community District Regulations, subject to the approval of the Director of Planning. 12. Condition No. 125 of the resolution requires the developer to comply with Title 24 and any other energy conservation ordinances and policies in effect at the time construction occurs on the property in conformance with this Tentative Map. 13. Condition No. 126 of the resolution requires the developer to comply with all relevant Federal, State and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 14. Condition No. 127 of the resolution requires the developer to comply with the Community Purpose Facility Ordinance. The Developer shall provide areas proposed to show compliance with said ordinance and obtain approval of said areas from the Director of Planning and Building, prior to approval of the first final map in Phase 2. Developer has agreed, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Salt Creek Ranch Tentative Map, Tract 92-02 established by Resolution No. 16834 approved by Council on October 6, 1992. The developer has also executed Subdivision Improvement Agreements for each of the thirteen maps and has provided bonds to guarantee construction of the required public improvements and to guarantee the subdivision monumentation and benchmarks. The developer has paid all applicable fees. The Subdivision Improvement Agreements and bonds are on me in the office of the City Clerk. Please note that the developer's disclosure statement and 10/06/92 City Council minutes pertaining to approval of the Tentative Subdivision Map are included as Attachments 3 and 4, respectively. FISCAL IMP ACT: None. All staff costs associated with processing of improvement plans and [mal map will be reimbursed from developer deposits. /5/~ Attachment 1: ,/ Attachment 2A: ........ Attachment 2B: ~ Attachment 2C ~ Attachment 3: Attachment 4: Page 9, Item Meeting Date 10/13/98 a1,1 Soa iJ oJ 12 J Chula Vista Tract 98-01, Resolution 16834./ IV Plat - Salt Creek Ranch Neighborhood 3 Plat - Salt Creek Ranch Neighborhood 4B Plat - Salt Creek Ranch Neighborhoods 3 and 4B combined Developer's Disclosure Statement / Minutes of 10/06/92 Regarding Resolution No. 16834- i,./" I Sect AJ IVeS? OJ( [FILE NO. 0600-80-SCR33] & [FILE NO. 0600-80-SCR39] [H:IHOMEIENGINEER\LANDDEVICASSCR3&4.DEK] October 8. 1998 (2:52PM) /5"'- / ;7 /)l ';1").,., .-------' -~~p. '---..... .;~------" ---- , Q.. -...:1 ~ '''' ~I~ ~i~ UI s.:: '" '" '" .., '" ... I / ~ ... l ~ 1 n '" ar/ /S-/O '" -ot Q o o ::I; l!l CD ::I; Cl \;l Z co "" -.. co N -.. "" ---- ~ N I- Z W ~ I () ~ l- I- ~ N NO _I ,N r---O' :r Ou) . ~t:0 ~~z l- i~g I- <t ~ to u)c;l> . ~<t -~ ~~. o ~ JZ:~ g ~ /\ /. :J 0::. .-: ~ iI,,,,:; ~ ~ e;>e;~I"I~~~ ---...-. "( c..~Vl ......_ ....~o~ ,__~. , ~ - ~~i ~ ~ \j / ~~...~ ifi~~' . ~<;;, , ~ -- .. ~ ~I '" ~~..., ~~ :nl ~/ )?..~\~~ ~~~ "'~ '!; 'J" % ~ ~\ ~\ ~. '~ --'" ~- ~ '~ 417 '~- , ~/Y ... ~~ ",Ill <L a.. , ~, :::i::' 11.0.,,; )...,,, J-l:n :Z:I~ 0,'" $:' "-"'-- .]~ .---;' r-., / ,.,. ~-- i 1.(:' , i . , ; .,--, '. ...... '. "I~..: I ,......,'~'" _ <~~",'!' .~ --. . ,:", ':3:Jr-/d Nl-.lnr All-fr- o . ,v.~ ::zr," , , ,-. ;:: , I I ' , ( 1"1 "'1.".1"'I~i"', - - - -, -I j- - I '" ! ! ! ; ~ "'I, "\ <0\ ",I j 11 ~ - 2\, \ \ \ ' t I' t') / / ( I I \ l:::- :z:. ;:)0 :z: << ... '" 01 -' ::: I I ::/~\\::zJ \ -- -------J 3z, s--/( .-------- Sill :E, J 2 ~ i '" , , lCO ;'" ~ lCO ",' /<; N ,,0 I I _N Q'\ ::Coo Ot- Z-O <{5z O! IDI- ~~O ~ g t- ;:! ~~: - ....J ~~ o ...l....,co 'N ~ Z w ~ :r: () <( ~ ~ J <( j j I I ~ ~w&l .....I-<<-~ 2 ~ a: ~ ~r\~~g ~~ "'''')..V1 OCl) ~ '0{ ~:!.... "-, Q:: . \~ ~ ~ ~ \ . 'SI CL, t:;5 ~ Cl. _~! "'" ""= <. ~ :DIi , \ !~ ~\,) ~c\.,. ~I~ TJ ~ \ ::;10 ... \ ~ C ~\ ~i" ' >:5 W) ". l.>, ':"It a:: ()I _I 'A ~o V. ~/ >: ~);\"'.c ~!~ ~ "",. - ~\/j \: ~'~~' -~~ I j I ~.-............._---- .. 33 /S-/2- aJ '" - aJ N - '" o C\J I- Z .W ::;E :r: o e:( l- I- e:( ~ N <t:"O I IN N_ o. ::rl(/) ~. ~:;~ Q!t::ml- 3~o <J: Ct I- ~ ::JZ:~~ ~ CITY OF CHULA VISTA DISCLOSURE STATEMENT YlJIl are required lo file a Slateml:at of Disclosun: of certain OWIICrsbip or fiDanciaI interests. JlI}'IIIeIW;, or campaign c:omnDulicms on all matters which will rcquixe discn:timwy action lJIl the part of the City Couucil. Planoing ('.nmm;"liion, and aU other officiaI bodies. The following iDforlll8liou IIIUSt be clisclOSecl: I. List the IIlIIDCS of all pc:rsom having a financial iDlercIt in the property which is the subject of the app1ication or the Connact. e.g., owner, applk:am, CoIIlractor, subcon!ractor, nwerial supplier. etc. PACIFIC BAY PROPERTIES. A CALIFORNIA CORPORATION --.. 2. If any peraon. identified pursuam to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the COIpOtationor cnmiD& any partnership imen:st in tbepartnership. N/A 3. If any person. idcatified pumIaIIllo (1) above is. DOJ>-profit Ol~on or a trust. list the names of any person seniug lIll direcror of the IIOII--profu organization or .. trnsTee or beneficiary or ImSlor of the trust. N/A -" 4. Have you had more than $250 worth of busineu lIaDIacted with any member of the City staff, Boards, C".nmm;..itms. C.nmmnr...... and Council within the past twelve IIIOIIIha? Y",,_ No.l\ If yes, please indicate perscm(s): 5. Please identify eacll and every person, including qcms. employee,. CODSUIlanls. or iDdepeadem Comractors who you have assigned lo represem you before the City in this malIcr. HTJNSAKER & ASSOCIATES SAN DIEGO, INC. LUNDSTROM & ASSOCIATES 6. Have you and/or your officen or agents. in Ihe aggregate. COD1ributed more than $1,000 to a CouuciI member in the currem or preceding cIl:clion period? Ycs_ Noll. If yes. slate which Counci1 member(s): · . · (NOTE; Attuh Additioaa1 Pages as Necasary) ., . . q Iz...-["~ M~!J~.. :fc/iC/"/U S~of IApplicant I ~-z.: Primed or Typed Nanu: of Contractorl Applicant . fmJJ!! is defined as; . Ally ~I. firm. ctJ-part1Iership, joiN 1'DlIfue, assoc:Uuion, social dub, fralUlUll. -" orgtmkation. corpolTllion, UTale, tnul, receiver, syndialU, rhis twf D1rJ other COUI/l)'. ciry, or cOU1I17y, ciry municipaJiry, disrriCl. or oIMr polilicol subdivision, or wry oIMr Krt1IIp or conrbination llClirrK as a Wfir. Due: M I)-f} ATIACHMENT 3 RESOLUTION NO. /1 ,J../ b RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAPS OF TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 3, UNITS 7 THROUGH 12, AND NEIGHBORHOOD 4B, UNITS 1 THROUGH 7, ACCEPTING ON BEHALF OF THE CITY PUBLIC STREETS AND EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, REJECTING ON BEHALF OF THE CITY ALL OPEN SPACE LOTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS 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 92-02 SALT CREEK RANCH NEIGHBORHOOD 3, UNIT 7, and more particularly described as follows: Being a subdivision of portions of Sections 26 and 27, Township 17 South, Range 1 West, San Bernardino Base and Meridian, as shown on Record of Survey No. 14064, in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on February 5, 1993. Area: 4.474 Acres Numbered Lots: 20 Open Space Lots: 0.796 Acres No. of Lots: 21 Lettered Lots: 1 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the city of Chula vista portions of Falcon Valley Drive and San Jose Court; 5~' easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets, and ten foot general utility and access easements within Lot "A" for installation of public utilities, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit from the city of Chula vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED, said Council acknowledges on behalf of the City of Chula Vista, the Irrevocable Offer of Dedication of Fee 1 /?;; .,) .' ./ ,"", Interest in Lot A for Open Space and Other Public Purposes as shown on this map within this subdivision, noting that Section 7050 of the Government Code of the State of California provides that such offers of dedication may be accepted at any future time by the City council. BE IT FURTHER RESOLVED that the city Clerk of the city of Chula vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, general utility and access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that city Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that certain Subdivision Improvement Agreement dated the day of , , for the completion of improvements in said subdivision, a copy-or-which is on file in the office of the city Clerk as Document No. etJ "8-/7l/ is hereby approved. BE IT FURTHER RESOLVED that the City council of the City of Chula vista hereby finds that that certain map survey entitled Chula vista Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 3, UNIT B, and more particularly described as follows: Being a subdivision of a portion of Section 26 and 27, Township 17 South, Range 1 West, San Bernardino Base and Meridian, as shown on Record of survey No. 14064, in the city of Chula vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on February 5, 1993. Area: 3.963 Acres Numbered Lots: 22 open Space Lots: 0.726 Acres No. of Lots: 23 Lettered Lots: 1 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the city of Chula vista portions of Falcon Valley Drive; 5~' easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets, and a ten foot general utility and access easement within Lot "A" for 2 /5;1 / c2. installation of public utilities, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this sUbdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED, said Council acknowledges on behalf of the City of Chula vista, the Irrevocable Offer of Dedication, of Fee Interest in Lot A for Open Space and Other Public Purposes as shown on this map within this subdivision, noting that Section 7050 of the Government Code of the State of California provides that such offers of dedication may be accepted at any future time by the city Council. BE IT FURTHER RESOLVED that the City Clerk of the city of Chula vista be and she is hereby authorized and directed to endorse upon said map the action of said council; that said Council has approved said subdivision map, and that said public streets are dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, general utility and access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the city of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that city Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that certain Subdivision Improvement Agreement dated the day of ,199 for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk as Document No. Co 98 -17!) is hereby approved. BE IT RESOLVED that the City Council of the City of Chula vista hereby finds that that certain map survey entitled Chula vista Tract 92-02. SALT CREEK RANCH NEIGHBORHOOD 3, UNIT 9, and more particularly described as follows: Being a subdivision of a portion of section 27, Township 17 South, Range 1 West, San Bernardino Base and Meridian, as shown on Record of Survey No. 14064, in the city of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on February 5, 1993. Area: 4.485 Acres Numbered Lots: 28 No. of Lots: 28 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 of land 3 ~ /v/1 :J shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista portions of Falcon Valley Drive and San Jacinto Place; and 5~' easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets, noting that use of said tree planting easement by others is subject to written permission and issuance of an Encroachment Permit from the city of Chula vista as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the city Clerk of the City of Chula vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, as granted thereon and shown on said map within said sUbdivision, are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that city Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that certain Subdivision Improvement Agreement dated the ____ day of , for the completion of improvements in said subdivision, a copy of which is on file in the office of the city Clerk as Document No. CD9f?J-/7" , is hereby approved. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled Chula vista Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 3, UNIT 10, and more particularly described as follows: Being a subdivision of a portion of section 27, Township 17 South, Range 1 West, San Bernardino Base and Meridian, as shown on Record of Survey No. 14064, in the City of Chula vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on February 5, 1993. Area: 3.494 Acres Numbered Lots: 23 No. of Lots: 23 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 of land shown thereon is hereby approved and accepted. 4 IS/? - 'I BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula vista portions of Rocking Horse Drive and San Lucas Place; 5~' easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets, noting that use of said tree planting easement by others is subject to written permission and issuance of an Encroachment Permit from the city of Chula vista as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the city of Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, as granted thereon and shown on said map within said sUbdivision, are accepted on behalf of the City of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that certain Subdivision Improvement Agreement dated the day of , for the completion of improvements in said sUbdivision, a copy of which is on file in the office of the city Clerk as Document No. et>q(ft-111- is hereby approved. 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 92-02 SALT CREEK RANCH NEIGHBORHOOD 3, UNIT 11, and more particularly described as follows: Being a subdivision of a portion of Section 27, Township 17 South, Range 1 West, San Bernardino Base and Meridian, as shown on Record of Survey No. 14064, in the City of Chula vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on February 5, 1993. Area: 3.513 Acres Numbered Lots: 16 Open Space Lot: 0.831 Acres No. of Lots: 17 Lettered Lots: 1 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula vista a portion of San Lucas Place; 5~' 5 1M''? easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets, and a ten foot general utility and tree planting easement within Lot "A" for installation of public utilities, noting that use of said general utility and tree planting easements by others is subject to written permission and issuance of an Encroachment Permit from the city of Chula vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED, said Council acknowledges on behalf of the City of Chula vista, the Irrevocable Offer of Dedication of Fee Interest in Lot A for Open Space and Other Public Purposes as shown on this map within this SUbdivision, noting that Section 7050 of the Government Code of the State of California provides that such offers of dedication may be accepted at any future time by the City Council. BE IT FURTHER RESOLVED that the city Clerk of the City of Chula vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public street is dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, general utility and access, as granted thereon and shown on said map within said SUbdivision, are accepted on behalf of the City of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that city Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that certain Subdivision Improvement Agreement dated the day of , for the completion of improvements in said subdivision, a copy-or-which is on file in the office of the city Clerk as Document No. ~o91!-118 is hereby approved. BE IT RESOLVED that the City Council of the city of Chula vista hereby finds that that certain map survey entitled Chula vista Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 3, UNIT 12, and more particularly described as follows: Being a subdivision of a portion of Section 27, Township 17 South, Range 1 West, San Bernardino Base and Meridian, as shown on Record of Survey No. 14064, in the city of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on February 5, 1993. Area: 2.502 Acres Numbered Lots: 15 No. of Lots: 15 Lettered Lots: 0 6 /M~? is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the city of Chula vista portions of Falcon Valley Drive and Rocking Horse Drive and 5~' easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that certain Subdivision Improvement Agreement dated the day of , for the completion of improvements in said subdivision, a copy of which is on file in the office of the city Clerk as Document NO.~-17~ ,is hereby approved. BE IT RESOLVED that the City Council of the city of Chula Vista hereby finds that that certain map survey entitled Chula vista Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 4B, UNIT 1, and more particularly described as follows: Being a subdivision of a portion of Section 27, Township 17 South, Range 1 West, San Bernardino Base and Meridian, as shown on Record of Survey No. 14064, in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on February 5, 1993. Area: 0.569 Acres Numbered Lots: 6 No. of Lots: 6 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 of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the city of Chula vista [NO STREETS DEDICATED]; 5~' easements 7 IS/?-- ? ,> with the right of ingress and egress for the construction and maintenance of tree planting along MacKenzie Creek Road noting that use of said tree planting easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula vista, all as shown on this map within this sUbdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the city of Chula vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, as granted thereon and shown on said map within said sUbdivision, are accepted on behalf of the city of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that certain Subdivision Improvement Agreement dated improvements in office of the approved. the said City day of , for the completion of subdivision, a copy~which is on file in the Clerk as Document NO.CI"lQa-180 , is hereby BE IT RESOLVED that the City Council of the City of Chula vista hereby finds that that certain map survey entitled Chula Vista Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 4B, UNIT 2, and more particularly described as follows: Being a subdivision of portions of Sections 26 and 27, Township 17 South, Range 1 West, San Bernardino Base and Meridian, as shown on Record of Survey No. 14064, in the city of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on February 5, 1993. Area: 7.299 Acres Numbered Lots: 27 Open Space Lots: 3.281 Acres No. of lots: 28 Lettered Lots: 1 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula vista portions of San Gabriel Place and Paso Robles Court; 5~' easements with the right of ingress and egress for the construction and maintenance of tree planting along 8 /5/;~~ dedicated streets, and ten foot general utility and access easements within Lot "A" for installation of public utilities, and 12' sewer easement with the right of ingress and egress for the construction and maintenance of sewer facilities noting that use of said tree planting easements, general utility and access easements and sewer easement by others is subject to written permission and issuance of an Encroachment Permit from the city of Chula vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED, said Council acknowledges on behalf of the city of Chula vista, the Irrevocable Offer of Dedication of Fee Interest in Lot A for Open Space and Other Public Purposes as shown on this map within this sUbdivision, noting that section 7050 of the Government Code of the State of California provides that such offers of dedication may be accepted at any future time by the city council. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, general utility, and access, and sewer facilities as granted thereon and shown on said map within said subdivision, are accepted on behalf of the city of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that city Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that certain Agreement dated the day of , improvements in said subdivision, a copy office of the City Clerk as Document approved. Subdivision Improvement for the completion of of which is on file in the No. 0'098-10/ is hereby BE IT RESOLVED that the City Council of the City of Chula vista hereby finds that that certain map survey entitled Chula vista Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 4B, UNIT 3, and more particularly described as follows: Being a subdivision of a portion of section 27, Township 17 South, Range 1 West, San Bernardino Base and Meridian, as shown on Record of Survey No. 14064, in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on February 5, 1993. 9/ J~/J /'; Area: 2.751 Acres Numbered Lots: 15 No. of Lots: 15 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 of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said council hereby accepts on behalf of the City of Chula Vista a portion of San Gabriel Place; 5~' easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets, noting that use of said tree planting easement by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this SUbdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the city Clerk of the City of Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said portion of public street is dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the city of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that city Clerk be and directed to transmit said map to the Clerk of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that certain Subdivision Improvement Agreement dated the day of , for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk as Document No.Gb98.18~ , is hereby approved. she is hereby the Board of BE IT RESOLVED that the City Council of the City of Chula vista hereby finds that that certain map survey entitled Chula vista Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 4B, UNIT 4, and more particularly described as follows: Being a subdivision of a portion of section 27, Township 17 South, Range 1 West, San Bernardino Base and Meridian, as shown on Record of Survey No. 14064, in the city of Chula vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on February 5, 1993. Area: 5.210 Acres Numbered Lots: 34 No. of Lots: 34 Lettered Lots: 0 10 1M ~/tfl is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula vista [NO STREETS DEDICATED], 5~' easements with the right of ingress and egress for the construction and maintenance of tree planting along MacKenzie Creek Road, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, as granted thereon and shown on said map within said sUbdivision, are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that certain Subdivision Improvement Agreement dated the day of , for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk as Document No.~98-/~ is hereby approved. BE IT RESOLVED that the City Council of the City of Chula vista hereby finds that that certain map survey entitled Chula Vista Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 4B, UNIT 5, and more particularly described as follows: Being a subdivision of a portion of Section 27, Township 17 South, Range 1 West, San Bernardino Base and Meridian, as shown on Record of Survey No. 14064, in the City of Chula vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on February 5, 1993. Area: 3.184 Acres Numbered Lots: 19 No. of Lots: 19 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 of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula vista portions of San Rafael Place, 5~' 11 ,./ /..7~/1,/ easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets noting that use of said tree planting easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public street is dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that City Clerk be directed to transmit said map to the Clerk Supervisors of the County of San Diego. and she is hereby of the Board of Agreement dated the day completion of improvements in said on file in the office of the eOq8./8~ , is hereby approved. BE IT FURTHER RESOLVED that certain Subdivision Improvement for the a copy of which is as Document No. of , subdivision, City Clerk BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vita Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 4B, UNIT 6 and more particularly described as follows: Being a subdivision of a portion of Section 27, Township 17 South, Range 1 West, San Bernardino Base and Meridian, as shown on Record of Survey No. 14064, in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on February 5, 1993. Area: 3.818 Acres Numbered Lots: 21 No. of Lots: 21 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 of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista portions of San Angelo Place; 5~' easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets, noting 12 /M//:L. that use of said tree planting easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula vista, all as shown on this map within this sUbdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City of Clerk of the City of Chula vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public street is dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that city Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the day of , 1998 for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk as Document NO.C099~S5, is hereby approved. BE IT RESOLVED that the City Council of the City of Chula vista hereby finds that certain map survey entitled Chula vista Tract 92 - 02 SALT CREEK RANCH NEIGHBORHOOD 4B, UNIT 7, and more particularly described as follows: Being a subdivision of portions of sections 26 and 27, Township 17 South, Range 1 West, San Bernardino Base and Meridian, as shown on Record of Survey No. 14064, in the City of Chula vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on February 5, 1993. Area: 3.892 Acres Numbered Lots: 17 Open Space Lots: 0.935 Acres No. of Lots: 18 Lettered Lots: 1 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the city of Chula Vista, San Juan Place; 5~' easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets, and ten foot general utility and access easements within Lot "A" for installation of public utilities, noting that use of said general utility and access 13 /,3/1---/3 easements by others is subject to written permission and issuance of an Encroachment Permit from the city of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED, said council acknowledges on behalf of the City of Chula vista, the Irrevocable Offer of Dedication of Fee Interest in Lot A for Open Space and Other Public Purposes as shown on this map within this subdivision, noting that Section 7050 of the Government Code of the State of California provides that such offers of dedication may be accepted at any future time by the City Council. BE IT FURTHER RESOLVED that the city Clerk of the City of Chula vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public street is dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, general utility and access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that city Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that certain Subdivision Improvement Agreement dated the day of , , for the completion of improvements in said subdivision, a copy-or-which is on file in the office of the city Clerk as Document No. (!O'l8-/g'-6 is hereby approved. Presented by Approved as to form by \~/ C.r,John M. Kaheny 6 ~ city Attorney John P. Lippitt Director of Public Works c:\cbs\cvcity\reso\scrn4bl.-7 14 /5/1/) 1/ /5/7-/05 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and Pacific Bay properties, 2300 Boswell Road, Suite 209, Chula Vista, California, 91914 hereinafter called "Subdivider"; N.l:rN~~~~:rH~ WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SALT CREEK RANCH NEIGHBORHOOD 3, UNIT 7 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the city of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install -1- /y -x?-- and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to city improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 16834, approved on the 6th day of October, 1992 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the city Engineer, as shown on Drawings Nos. 98-318 through 98-325 on file in the office of the city Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the city in the amount of TWO HUNDRED TWENTY FOUR THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($224,500.00) . NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to city, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the city Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the city Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 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. 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 -2>~ -/? occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the city; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE HUNDRED TWELVE THOUSAND TWO HUNDRED FIFTY DOLLARS AND NO CENTS ($112,250.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the city of Chula vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE HUNDRED TWELVE THOUSAND TWO HUNDRED FIFTY DOLLARS AND NO CENTS ($112,250.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO THOUSAND ONE HUNDRED DOLLARS AND NO CENTS ($2,100.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the city, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the city Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in -3-/5/9 --- /? interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the city any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by city in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by city, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by city, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that city, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the city, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or 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 -4- 1M /Jr indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by city of any responsibility for such damage or taking, nor shall city, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the city of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the city, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA PACIFIC BAY PROPERTIES: Its: Mayor of the City of Chula vista By f1?l(fh~:~Lr"f /Y"- Title: 6~ ATTEST City Clerk By: Approved as to form by Title: City Attorney (Attach Notary Acknowledgment) -5- /5/9 //f LIST OF EXHIBITS Exhibit "An Improvement Security - Faithful Performance Form: Bond Amount: $112,250.00 Exhibit nB" Improvement Security - Material and Labor: Form: Bond Amount: $112,250.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $2,100.00 Securities approved as to form and amount by \,;}~~ / tv'- City Atto"=ney Improvement Completion Date: Two (2) years from date of Council approval of the Subdivision Improvement Agreement. c:\cbs\cvcity\sia\scrn3u7 -6-/M ~;(O STATE OF CALIFORNIA COUNTY OF San Diego } ~ss. On October 7. 1998 I before me, C:"c:;>>n T; 7::>>nprn RntJPT"C:: personally appeared Elizabeth J. Jackson---:..-------------------------~--------------- ______________________________________________________--------:-personally knovvn to me (or proved to me on the basis of satisfactory evidence) to be the persOlt(s) \!/hose name(&). is/are subscribed to the vvithin instrument and acknovvledged to me that-l'le/sh~ executed the sarne in-hislberMeir authorized capacity{ies), and that by his/her/tReir signature($) on the instrument the person(-s-) or the entity upon behalf of vvhich the person{s) acted. executed the instrument. WITNESS my hand and official seal. Signatui~"~~ ~: L--:f L~rL..A ,1 ~ t~--;~;----l _@ ~,~1= i -. Nolay NlIIc - CoItlmIa f j San DIego C<u1ty - _ _ _ _ ~C:::~_~9~ t (TIloSlfHtor__SHIl TItle of Docume0 /0A./U-r.~<JA';"" ~VIA"7 LhW--<"":+ f{&1-u/?'M.r->:f- Date of Document~fu..1'- na77 d' No. of Pages ./1; 1 (&) Other signatures not acknovvledged /M~~/ Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and Pacific Bay Properties, 2300 Boswell Road, Suite 209, Chula vista, California, 91914 hereinafter called "Subdivider"; !i~:rNE.~~E.:rH~ WHEREAS, Subdivider is about to present to the City Council of the city of Chula vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SALT CREEK RANCH NEIGHBORHOOD 3, UNIT 8 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the city of Chula vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula vista Municipal Code, agreeing to install and complete, free of liens at Subdivider'S own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install -1- /:- /.5 /f /' c2:J- and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the city Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 16834, approved on the 6th day of October, 1992 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the city Engineer, as shown on Drawings Nos. 98-318 through 98-325 on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the city in the amount of ONE HUNDRED SEVENTY THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($170,600.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to city, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 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. 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 -2- ~ /c3~~d.J certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the city Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the city of Chula vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of EIGHTY FIVE THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($85,300.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "An 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 EIGHTY FIVE THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($85,300.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the city in the sum of TWO THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($2,300.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the city, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the city Engineer and acceptance of said work by city, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. -3- .-/ /p/'f --.)-'1 subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by city in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with city a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by city, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to city, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that city, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to -4- / c5/9 --r2; damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by city of any responsibility for such damage or taking, nor shall city, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (lD) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the city or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the city, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA PACIFIC BAY PROPERTIES: Its: By: EO i7Jixwlffrf7Y/y0 Title: 6P Mayor of the City of Chula vista ATTEST City Clerk By: Approved as to form by Title: City Attorney (Attach Notary Acknowledgment) -5- )J~ ~~0 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $170,600.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $170,600.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $2,300.00 Securities approved as to form and amount by llQ0~ ~ City At~rney Improvement Completion Date: Two (2) years from date of Council approval of the Subdivision Improvement Agreement. c:\cbs\cvcity\sia\scrn3uB -6- /~ -;2. 7 STAlE OF CALIFORNIA COUNTY OF San Diego } ~~s. On October 7. 1 q9R , before me, C:l1C!:ln T; 7~hPT'h Rnt.7&1T"C; personally appeared Elizabeth J. Jackson--------------------------------------------- ______________________________________________________--------~-personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name~ar& subscribed to the within instrument and acknowledged to me that-he/sheMey executed the same in-hislher/tfleir authorized capacity{ieS). and that bytrislher/their signature{$) on the instrument the persontsl or the entity upon behalf of which the person(s} acted. executed the instrument. WITNESS my hand and official seal. Signatu~~~ ~/'~f~~ 1 ~ - - - :;~~ Al _ @ c...,........10Il5147 i -,. Notay NlIIc - QAmtO f san DIego CCU1ty - 1_ _ _ _~~~eo_~9.~ t (TftoIarH""--- Title of DocumenC~qt--t >-_~fA, '-(..a~~ Q,'F 'l _FV-~ "'~'LC o~ 0f/Z-<-C-~~'--* Date of Document~-,-<--+ cL-C~~ No. of Pages A0 A., ) Other signatures not acknowledged /~d"-;L~ Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and Pacific Bay Properties, 2300 Boswell Road, Suite 209, Chula vista, California, 91914 hereinafter called "Subdivider"; N.lTNES-S-ETH..;.. WHEREAS, Subdivider is about to present to the City Council of the City of Chula vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SALT CREEK RANCH NEIGHBORHOOD 3, UNIT 9 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install -1- J~-oZ 7' and complete, at Subdivider's own expense, all the public improvement work required by city in connection with the proposed subdivision and will deliver to city improvement securities as approved by the city Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 16834, approved on the 6th day of October, 1992 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 98-318 through 98-325 on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of TWO HUNDRED SIXTY TWO THOUSAND DOLLARS AND NO CENTS ($262,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to city, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the city Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 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. 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 -2- JM~3CJ certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the city Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the city; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the city of Chula vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the city of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the city in the sum of ONE HUNDRED THIRTY ONE THOUSAND DOLLARS AND NO CENTS ($131,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "An 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 THIRTY ONE THOUSAND HUNDRED DOLLARS AND NO CENTS ($131,000.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the city of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the city in the sum of TWO THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS ($2,800.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the city, as are approved by the City council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by city, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. -3- 1M -:] / Subdivider agrees to pay to the city any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by city and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to -4- /~-3.2. damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by city of any responsibility for such damage or taking, nor shall city, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the city, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA PACIFIC BAY PROPERTIES: Its: By 'fXl?'f~.. VYd"U Title: ~\vl Mayor of the city of Chula vista ATTEST city Clerk By: Approved as to form by Title: City Attorney (Attach Notary Acknowledgment) -5- /~~J;3 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $131,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $131,000.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $2,800.00 Securities approved as to form and amount by VO\ ^~ ~ - City Atto~ey Improvement Completion Date: Two (2) years from date of Council approval of the Subdivision Improvement Agreement. c:\cbs\cvcity\sia\scrn3u9 -6-/Mr-:S1j' STAlE OF CALIFORNIA COUNTY OF San Diego !~. On October 7. 199R I before me. C::ttC!!U'I T.{'J'iCl'h"rh 'RntJP,.c personal~appeared Elizabeth J. Jackson--------------------------------------------- ______________________________________________________--------~-personal~ known to me (or proved to me on the basis of satisfactory evidence) to be the personts> whose name(s) islare- subscribed to the within instrument and acknowledged to me that-MIsh~xecuted the same in his~ltheir authorized capacity{ies), and that by-tlis/her/tl'leir signature(s} on the instrument the person{s) or the entity upon behalf of which the person{s} acted, executed the instrument. WITNESS my hand and official seal. Signature~I/' J~ J1~/vr.007...r(V1 ./ t~--~"~___A _ ~ ~~,~:\= 1 i -. NoloryNlllc-CoIbnIa I ~ Son DIego Cou'rty - l _ _ _ _ ~C~~~"_~9.~ t rn-....""--- Title of Document Subdivision Imorov"rnpn~ Agrp~m~n~ Date of Document Not Dated No. of Pages Six (6) Other signatures not acknowledged --------------------------------------------------- /3/9r;J3 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and Pacific Bay Properties, 2300 Boswell Road, Suite 209, Chula vista, California, 91914 hereinafter called "Subdivider"; Nl.:rNE.s..s.E:rH~ WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SALT CREEK RANCH NEIGHBORHOOD 3, UNIT 10 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with city, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install -1- /3/7-"'36 and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the city Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 16834, approved on the 6th day of october, 1992 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 98-318 through 98-325 on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of ONE HUNDRED SEVENTY FOUR THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($174,200.00) . NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the city Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 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. 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 -2- /5~r;J) occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the city in the sum of EIGHTY SEVEN THOUSAND ONE HUNDRED DOLLARS AND NO CENTS ($87,100.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the city of Chula vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of EIGHTY SEVEN THOUSAND ONE HUNDRED DOLLARS AND NO CENTS ($87,100.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the city in the sum of TWO THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($2,300.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the city, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the city Engineer and acceptance of said work by city, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in -3- 1.5/7 --:1 ~ interest, pursuant to the terms of the improvement security. subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the state Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by city in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with city a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by city, Subdivider shall grant to city, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that city, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or 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 -4- /M/.J; indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by city of any responsibility for such damage or taking, nor shall city, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the city, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA PACIFIC BAY PROPERTIES: Its: By: Mayor of the City of Chula vista Title: ATTEST City Clerk By: Approved as to form by Title: city Attorney (Attach Notary Acknowledgment) -5- /~& rid LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $87,100.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $87,100.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $2,300.00 Securities approved as to form and amount by l~/ t'" City Atto'tney Improvement Completion Date: Two (2) years from date of Council approval of the Subdivision Improvement Agreement. c:\cbs\cvcity\sia\scrn3ulO -6- /5/1 .rf/ STATE OF CALIFORNIA COUNTY OF San Diego t~. On October 7. 1 qqg I before me. c:.ncn2n T i.,.::lI'hpt'n 'RntJP1"C: personal~appeared Elizabeth J. Jackson--------------------------------------------- ______________________________________________________--------~Personal~ known to me (or proved to me on the basis of satisfactory evidence) to be the persontsl whose name($) islare- subscribed to the within instrument and acknowledged to me that-heJsh~xecuted the same in his~ltheir authorized capacity{ies), and that by-his/her/their signature(sl on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offICial seal. Signatur~(.2A- r1J/~~~ , ' lP:- ~;;;~~ _ ~ eor,,01IlaIof.'lD85147 1 i -,,; Notay P\.tlIic - CaIbnIa I i SOn Diego Cou1ty - _ _ _ _~~~es_~9.~ t (TIloo-""--- Title of Document Subdivision ImDrov~mpn' Agrppmpn' Date of Document Not Dated Other signatures not acknowledged --------------------------------------------------- No. of Pages Six (6) l.54/'Y? Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and Pacific Bay Properties, 2300 Boswell Road, suite 209, Chula vista, California, 91914 hereinafter called "Subdivider"; N.IINE.s..s.EIH..;.. WHEREAS, Subdivider is about to present to the City Council of the city of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SALT CREEK RANCH NEIGHBORHOOD 3, UNIT 11 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with city, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install -1~ /'~3 and complete, at Subdivider's own expense, all the public improvement work required by city in connection with the proposed subdivision and will deliver to City improvement securities as approved by the city Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 16834, approved on the 6th day of October, 1992 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 98-318 through 98-325 on file in the office of the city Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the city in the amount of ONE HUNDRED FIFTY THREE THOUSAND DOLLARS AND NO CENTS ($153,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to city, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 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. 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 -2-).5/1 ~fr certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of SEVENTY SIX THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($76,500.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the city in the sum of SEVENTY SIX THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($ 7 6,500.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the city of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($1,600.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the city, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the city Engineer and acceptance of said work by city, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. -3- D/1-'~3 Subdivider agrees to pay to the city any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the city of Chula vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by city, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to city, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to -4- M -.y;, damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by city of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the city of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the city, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA PACIFIC BAY PROPERTIES: Its: Mayor of the city of Chula Vista By: 'fQ~J,h~d:fcj7fZM-) Title: hVP ATTEST city Clerk By: Approved as to form by Title: City Attorney (Attach Notary Acknowledgment) -5- /5/1d/l LIST OF EXHIBITS Exhibit "An Improvement Security - Faithful Performance Form: Bond Amount: $76,500.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $76,500.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $1,600.00 Securities approved as to form and amount by ~m.~/ ~ city Attorney Improvement Completion Date: Two (2) years from date of Council approval' of the Subdivision Improvement Agreement. c:\cbs\cvcity\sia\scrn3ull -6- Ish --/jr STAlE OF CALIFORNIA COUNTY OF San Diego t~. On October 7. 199A , before me, C:l1~an T i .,.ahpt"h 'P.ntJP,.c: personally appeared Elizabeth J. Jackson--------------------------------------------- ______________________________________________________--------~-personally known to me (or proved to me on the basis of satisfactory evidence) to be the personlsl whose name(s) is/are- subscribed to the within instrument and acknowledged to me that-he/~xecuted the same in his~/their authorized capacity{ies), and that by-his/herMeir signature(sl on the instrument the person(5) or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and offICial seal. Signatur!:))1 w~----Mi~CJ)~ l~-~~~-l - it (;arrnIssIcn'1085147 I -~ Nolay PWIIc - CaIfomIa f i Son~~ 1 _ _ _ _~~~~_~9.~ cn-.......--- 1r~e of Ck>cunnent Subdivision ImDTovpmpnt" AxrPAmAnr Date of Document Not Dated No. of Pages Six (6) Other signatures not acknowledged --------------------------------------------------- /S/7 -~i Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "city", and Pacific Bay Properties, 2300 Boswell Road, Suite 209, Chula vista, California, 91914 hereinafter called "Subdivider"; N1.:rN~.s..s.~:rH..;.. WHEREAS, Subdivider is about to present to the City Council of the City of Chula vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SALT CREEK RANCH NEIGHBORHOOD 3, UNIT 12 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with city, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install -1-/S/J_5:::; and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 16834, approved on the 6th day of October, 1992 I"Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the city Engineer, as shown on Drawings Nos. 98-318 through 98-325 on file in the office of the city Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of TWO HUNDRED TWO THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($202,600.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the city Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the city Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 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. 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 -2- /M ~f/ certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the city; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE HUNDRED ONE THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($101,300.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "An 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 ONE THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($101,300.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the b,:md amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($1,500.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by city for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the city Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by city, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. -3-/M r~ subdivider agrees to pay to the city any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the state Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by city in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with city a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by city, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that city, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to -4-/M--~3 damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by city of any responsibility for such damage or taking, nor shall city, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the city or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the city, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA PACIFIC BAY PROPERTIES: Its: By: COA~)J't:Aj^,u Title: 6Vr? Mayor of the City of Chula vista ATTEST City Clerk By: Approved as to form by Title: City Attorney (Attach Notary Acknowledgment) -5- /3/I'~r LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $101,300.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $101,300.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $1,500.00 securities approved as to form and amount by ~/ r city Atto~ney Improvement Completion Date: Two (2) years from date of Council approval of the Subdivision Improvement Agreement. c:\cbs\cvcity\sia\scrn3u12 -6- /5/;- ,/~ STAlE OF CALIFORNIA yOUNTY OF San Diego l~. On October 7. 1 CJ9g I before me. C:tle~n T of .,.:an,:.t''h 'P.nt.1pT'C:: personal~ appeared Elizabeth J. Jackson--------------------------------------------- ______________________________________________________--------~Personal~ known to me (or proved to me on the basis of satisfactory evidence) to be the persontsl whose name(s) isIare- subscribed to the within instrument and acknowledged to me that-MI~xecuted the same in hislher/their authorized capacity{ies), and that by-tlislherllheir signature($} on the instrument the person(s) or the entity upon behalf of which the person(s} acted. executed the instrument. WITNESS my hand and offIcial seal. Signature~,~~i~~~r~-<1-/1 l--~ - ~~~~ 1 _ @ Corm1Isslontl085147 i -. NoIay NlI1c - canma I san DIego C<u1Iy - 1 My CorrmExJ:*.. Feb 9.2IXXl ! ------------- (ThoI.,..... -... -- Title of Document Subdivision Imtlrovpmpn~ Agr....m..n~ Date of Document Not Dated No. of Pages Six (6) Other signatures not acknowledged --------------------------------------------------- /5/7 ,-52 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "city", and PACIFIC BAY PROPERTIES, 2300 Boswell Road, Suite 209, Chula Vista, California, 91914, hereinafter called "Subdivider"; N.l:rN~S.S.~:rH~ WHEREAS, Subdivider is about to present to the city Council of the city of Chula vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SALT CREEK RANCH, NEIGHBORHOOD 4B, UNIT 1, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the city of Chula vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with city, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public -1- /54,-J) 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. 16834, approved on the 6th day of October, 1992 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the city Engineer, as shown on Drawings Nos. 98-541 through 98-547, inclusive, on file in the office of the city Engineer, (as included within the definition of "Improvement Work") and NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the city Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the city Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 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 this Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, -2- /.-4- -fr 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 Thousand Dollars and No Cents ($1,000.00) (per private civil Engineer's or Land surveyor's estimate) to secure the installation of monuments, which security is attached hereto, marked Exhibit "A" and made a part hereof. 7. 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 thereof 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. 8. It is also expressly agreed and understood by the parties hereto that in no case will the city of Chula vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 9. 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, -3- /3/J ~S"'f with city a sum of money sufficient to cover said cost. 10. 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 and other public improvements within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 11. 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 agreement to hold harmless also extends to damages to adjacent or downstream properties or the taking or alleged taking, of property from owners of such adj acent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. This indemnification and agreement to hold harmless also extends to damages, or alleged 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 improvements 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. 12. 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 -4- )5/; ~?tJ this subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA PACIFIC BAY PROPERTIES Its: Mayor of the City of Chula vista By, H'lh0Utta'~ Title: c~ e ATTEST City Clerk By: Approved as to form by Title: City Attorney (Attach Notary Acknowledgment) -5- JS/; -/, / LIST OF EXHIBITS Exhibit "A": Improvement Security - Monuments: $ 1,000.00 securities approved as to form and amount by ~fJ/\^J-L.L I -:--- City Attorney '{ \:; Improvement Completion Date: Two (2) years from date of Council approval of the Subdi- vision Improvement Agreement. c:\cbs\cvcity\sia\scrn4bul -6- /5/1 '~cA STATE OF CA~NIA n. COUNTY OF . .'n. /Vj~ } ~Ss, On{[('rrlJ~ ? / '19% personally appeared ,.,., .' . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person16) whose name(s).!l!lafe- subscribed to the within instrument and acknowledged to me that.he/she!tOOy executed the same in.ffis~r/theif authorized capacity{ies), and that by-Ais/her/theif signature{s) on the instrument the person(5) or the entity upon behalf of which the personts) acted. executed the instrument. WITNESS my hand and official seal. Signatur~ I~~~~yl-<~ n, '-1'1"". 1- - - - ~~~=~ ~ 1 _ ~ CorTmIssIon' 1085147 i -.: Notary PublIc-CaIlomIa l i Son ~ego Co<I1ty 1 _ _ _ _~~~81_~9.~ (1'hes area tor CJl'fiQal notatiaI seal) Title of Document 4,fLl'lp'-f1/0...-. ~nA~.-1H-r mC., f r;L1C1a?"f~-I- , '" Date of Document ~l...-f derC-<! No. of Pages ~4 (;, ) Other signatures not acknowledged /5/1 ----c/,;7 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and Pacific Bay Properties, 2300 Boswell Road, Suite 209, Chula Vista, California, 91914 hereinafter called "Subdivider"; N.I:I:NE.S.S.E.:I:H..;.. WHEREAS, Subdivider is about to present to the City council of the City of Chula vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SALT CREEK RANCH NEIGHBORHOOD 4B, UNIT 2 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with city, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install -1- / S;; -tf J/ and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 16834, approved on the 6th day of October, 1992 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improv~- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 98-541 through 98-547 on file in the office of the city Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the city in the amount of THREE HUNDRED TEN THOUSAND DOLLARS AND NO CENTS ($310,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the city Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 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. 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 -2- /M- -tS- certificate of clearance for utility connections for said buildings or structures in said sUbdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the city; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the city of Chula vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the city of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE HUNDRED FIFTY FIVE THOUSAND DOLLARS AND NO CENTS ($155,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the city of Chula vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE HUNDRED FIFTY FIVE THOUSAND DOLLARS AND NO CENTS ($155,000.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the city of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the city in the sum of TWO THOUSAND SEVEN HUNDRED DOLLARS AND NO CENTS ($2,700.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the city, as are approved by the City council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the -3- 1M- ~?~ improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the city of Chula vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by city and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by city, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or 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 -4- /S'tt-,1, ? indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by city of any responsibility for such damage or taking, nor shall city, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the city or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA PACIFIC BAY PROPERTIES: Its: By: f L iJt&,,-jJ~d}t'''J\'0 J UJ /' , t ,.-..,. ::J \I 1-' Mayor of the City of Chula vista Title: ATTEST city Clerk By: Approved as to form by Title: City Attorney (Attach Notary Acknowledgment) -5- /5,4 -~~ LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $155,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $155,000.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $2,700.00 Securities approved as to form and amount by l~W A')t (f-- City At rney Improvement Completion Date: Two (2) years from date of council approval of the Subdivision Improvement Agreement. c:\Cbs\cvcity\sia\scrn4bu2 -6- JMr~r STA1E OF CA~NIA C' COUNTY OF . '.?J ).Lf:--C,-f . $ } }ss. }. Ontf'1:--1u 1 .? I tf C; !:-:-' before me, .~. ..2/,-,J~ j Lt...-f. ~UI-'H .1/0./ personally appeared ?; _ ." . - ,/' hJ- /' ,/ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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. WITNESS my hand and official seal. Signatu0"(t-<2/L~",-",nJ~.-t.<'A'i ~ C7))o 'd LI > t-----;:;---- _. ~~.~1= I i -. NoICFf N>Ic - C<lItln*:I I 1 san DIego Coo.nty - _ _ _ _ ~~~_~9.~ t (ThIs area lot oIficial notanaI seal) Trtle of Document --Ii, i......;" "LLn\ :::;0 )"1-04 M '"' 'Y)~'" + r1 4-:' N -,rv, -:f- ~ r ~ Date of DocumenHI ,::k (\,-C-c,C No. of Pages :i'1- 0- ) Other signatures not acknowledged /5'~~ ?tJ Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "city", and Pacific Bay properties, 2300 Boswell Road, Suite 209, Chula Vista, California, 91914 hereinafter called "Subdivider"; Nl.l:!'IE.~~E.l:H~ WHEREAS, Subdivider is about to present to the city Council of the City of Chula vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SALT CREEK RANCH NEIGHBORHOOD 4B, UNIT 3 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the city of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install -1- /5/J - 7/ and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to city improvement securities as approved by the city Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 16834, approved on the 6th day of October, 1992 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the city Engineer, as shown on Drawings Nos. 98-541 through 98-547 on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the city in the amount of NINETY EIGHT THOUSAND DOLLARS AND NO CENTS ($98,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 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. 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 -2- /5/1 - ?;2. certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the city Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the city; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. S. 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 FORTY NINE THOUSAND DOLLARS AND NO CENTS ($49, OOO.OO) 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 FORTY NINE THOUSAND DOLLARS AND NO CENTS ($49,000.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. subdivider further agrees to furnish and deliver to the city of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($1,600.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by city for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the city, as are approved by the city council at the time of engaging the work to be performed. Upon certification of completion by the city Engineer and acceptance of said work by city, and after certification by the Director of Finance that all costs thereof 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 -3- IS-/! ~?;J difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines and other public improvements within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to city, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by city as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the city, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless also extends to -4- /M -?( damages, or alleged damages, to adjacent or downstream properties or the taking or the alleged of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. This Agreement to indemnify and hold harmless also extends 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 improvements pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the city of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the city or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the city, advisory agency, appeal board, or legislative body concerning this subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA PACIFIC BAY PROPERTIES: Its: Mayor of the city of Chula vista By: 7 C ljiJi#tJ:rJ/t)VG Title: 51} P '- ATTEST City Clerk By: Approved as to form by Title: city Attorney (Attach Notary Acknowledgment) -5- /..09-?S-- LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $49,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $49,000.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $1,600.00 Securities approved as to form and amount by \/Y\~~ , fJ city Att"6rney Improvement Completion Date: Two (2) years from date of Council approval of the Subdivision Improvement Agreement. c:\cbs\cvcity\sia\scrn4bu3 -6- /5/fl~ ?tt STATE OF C~RNIA U. . COUNlY OF ~u ~i' } }ss. }. On rtdc4, ~ I q~ ' be'me me, ,Au~~C<jyJ~dcMo<^';~ personally appeared ~:v. 'j.-e: . .- -" ..rr-J . {/ . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person is} whose name~ is/afe.- subscribed to the within instrument and acknowledged to me thathe/sheAAey executed the same in ~/theif authorized capacity{ie$t, and that by-ffil!/her,/lfleir signature(s) on the instrument the personts} or the entity upon behalf of which the perso$) acted, executed the instrument. WITNESS my hand and official seal. Signat~LJA"'" ~",~f))3,rz...J-(AAl / 1- - - - -.~ .. ~ - - - ~ 1 -@ ~=~\= .. i -,,; Nolcry NlI1c - CaII:lmIa S ~. Son Diogo COUlty t- i_ _ _ _~c::~es_r:9~ (Thes ... tor ~ nowial seaQ Title of Document ~4 t /...../ {~'-f..J.'-("f>.- Date of Document --11 I~ r\-~L...A_ Other signatures not acknowledged ~?,-n~ '1'-"7 L€/r,-VJ 00 f r ~~ fA '* V ' No. of Pages ~*- (rr) JM""l? Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and PACIFIC BAY PROPERTIES, 2300 Boswell Road, Suite 209, Chula Vista, California, 91914, hereinafter called "Subdivider"; .lS:1.:rNE..s..s.E.:rH~ WHEREAS, Subdivider is about to present to the city Council of the City of Chula vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SALT CREEK RANCH, NEIGHBORHOOD 4B, UNIT 4, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego county, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public -1- /.5/l~ ?r 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. 16834, approved on the 6th day of October, 1992 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 98-541 through 98-547, inclusive, on file in the office of the City Engineer, (as included within the definition of "Improvement Work") and NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to city, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 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 this Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, -2- /M/?1 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 THOUSAND SEVEN HUNDRED DOLLARS AND NO CENTS ($1,700.00) (per private civil Engineer's or Land Surveyor's estimate) to secure the installation of monuments, which security is attached hereto, marked Exhibit "A" and made a part hereof. 7. 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 thereof 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. 8. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the chula Vista Municipal Code. 9. 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, -3- /M-~O with City a sum of money sufficient to cover said cost. 10. 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 and other public improvements within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to city, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by city as set forth hereinabove. 11. 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 agreement to hold harmless also extends to damages to adj acent or downstream properties or the taking, or alleged taking, of property from owners of such adj acent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. This indemnification and agreement to hold harmless also extends to damages, or alleged 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 improvements 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. 12. 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 -4- /S,fl-cf"! this subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA PACIFIC BAY PROPERTIES Its: By: tp ~A ,ryi:bil)\,d jV1t-u,u Title: S;p Mayor of the City of Chula vista ATTEST City Clerk By: Approved as to form by Title: City Attorney (Attach Notary Acknowledgment) -5- / S/J .- c;5 f).... LIST OF EXHIBITS Exhibit "A": Improvement Security - Monuments: $ 1,700.00 Securities approved as to form and amount by J}-\~/ t---City Attorney ~ Improvement Completion Date: Two (2) years from date of Council approval of the Subdi- vision Improvement Agreement. c:\cbs\cvcity\sia\scrn4bu4 -6- /M --rr~ STAlE OF C~RNlb . COUNTY 0 i:~-'-<~A' I ~ } }ss. }. On([f1C..{"d '7, I1C;t . before me;0r'"2/.--,-,4i/",d~t."~1..;u personally appeared XLuIdt'. .~. CJ<./:;4k-1~ ) . () U' . personally known to me (or proved to me on the basis of satisfactory evidence) to be the persoit{s)..whose name'{s).j!!/are- subscribed to the within instrument and acknowledged to me that-he!!!le/they executed the same in-hislher/tReir authorized capacity(ies). and that byflis~/tAeir signature(s) on the instrument the perso$) or the entity upon behalf of which the person{s} acted. executed the instrument. WITNESS my hand and official seal. Signature~~~(~o~ /./f7'}/fI.'-C1-<1 J - - . - ~~~:s "'1 _. ConYnlssIon' 1085147 ~ -e; _ Notary Pltlllc - caIlomIa f l' &>n [)ego Co\.nty 1 _ _ _ _,:~~es_~9.~ {This area 1Dr otic:&aI notarial sean Title of Document ,.,i, (J," ,,-<) / ~ ~r-1 '-I''h'-..,...,A {( 11.... .,'Y'-/ _-;;J- Date of Document-1l ,;:{ 0" T(.A No. of Pages 4Jr ( f..r ) Other signatures not acknowledged - Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and Pacific Bay Properties, 2300 Boswell Road, Suite 209, Chula vista, California, 91914 hereinafter called "Subdivider"; N.l:rH~~.s.~:rH1.. WHEREAS, Subdivider is about to present to the city Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SALT CREEK RANCH NEIGHBORHOOD 4B, UNIT 5 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an 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 Chu1a vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install -1- /5:f-~ and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to city improvement securities as approved by the city Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 16834, approved on the 6th day of October, 1992 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 98-541 through 98-547 on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of ONE HUNDRED SIXTY SIX THOUSAND DOLLARS AND NO CENTS ($166,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 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. 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 -2- /~--%J certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the city Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the city; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the city of Chula vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the city in the sum of EIGHTY THREE THOUSAND DOLLARS AND NO CENTS ($83,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "An 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 EIGHTY THREE THOUSAND DOLLARS AND NO CENTS ($83,000.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit nBn and made a part hereof and the bond amounts as contained in Exhibit nB", 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 TWO THOUSAND ONE HUNDRED DOLLARS AND NO CENTS ($2,100.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by city for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the city Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after ceTtification 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 -3- /h4-'6,? total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the city of Chula vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by city in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by city and approved by the city Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to city, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of -4- / 5/J ~ fig- property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by city of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the city or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the city, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA PACIFIC BAY PROPERTIES: Its: By: 7{)jZfdlJl"--jljOJl/'Y>/ ) Title: Sl.}p Mayor of the City of Chula vista ATTEST city Clerk By: Approved as to form by Title: City Attorney (Attach Notary Acknowledgment) -5- ,1M -- ;;vr LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $83,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $83,000.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $2,100.00 Securities approved as to form and amount by ~~~ r city Att~rney Improvement Completion Date: Two (2) years from date of council approval of the Subdivision Improvement Agreement. c:\Cbs\cvcity\sia\scrn4bu5 -6- 1M-to STAlE OF CALIFORNIA COUNTY OF San Diego } ~~s. On October 7. ]q98 ,beforeme, C::l1~!2n T;'7:::!1hpt'h 'RntJPT"c:. personally appeared Elizabeth J. Jackson--------------------------------------------- ______________________________________________________--------:-personally known to me (or proved to me on the basis of satisfactory evidence) to be the personls). whose nameOO islaRl- subscribed to the within instrument and acknowledged to me that-Ae/~ executed the same in-hislb.e.rMeir authorized capacity(ies), and that by hislMrltReir signature(s~on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ,:----{... . k' Signature/~~L ~~~. Y-y-LxLr~~/OlA---(A,.-4J l~-~~~-l _ @ CormiISIOn.l085147 i -. Notay P1JJIlc - CaIIamkI f 1 San Diego Colnty - _ _ _ _ ~~~"_~9~ t (TIloI_lcr_""".alSUl) Title of Document AJ--d"...:,.,,<:......- ~'r" t-J~~---A a",,~..u~...:d- Date of Document'-ll ,T U d-J No. of Pages .4f,?G (i 0 Other signatures not acknowledged /M-'1/ Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "city", and Pacific Bay Properties, 2300 Boswell Road, Suite 209, Chula Vista, California, 91914 hereinafter called "Subdivider"; Hl.T!'!I:!:!~~:!:!TH.;.. WHEREAS, Subdivider is about to present to the City Council of the city of Chula vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SALT CREEK RANCH NEIGHBORHOOD 4B, UNIT 6 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula vista Municipal Code, agreeing to install and complete, free of liens at Subdivider'S own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install -1-/5/1-92 and complete, at Subdivider's own expense, all the public improvement work required by city in connection with the proposed subdivision and will deliver to City improvement securities as approved by the city Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 16834, approved on the 6th day of october, 1992 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 98-541 through 98-547 on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of ONE HUNDRED FORTY NINE THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($149,600.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS, 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to city, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the city Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 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. 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 -2-JM~1? certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the city Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the city; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the city of Chula vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of SEVENTY FOUR THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS ($74,800.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the city in the sum of SEVENTY FOUR THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS ($74,800.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the city of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($2,200.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the city Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by city, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. -3- /S~r-'7~ Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the city of Chula vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by city, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by city as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the city, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to -4-/~~~-> 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 public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by city of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the city of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA PACIFIC BAY PROPERTIES: Its: Mayor of the city of Chula vista By, 'fC~J:]Jf(+/r" T~tle: V ATTEST city Clerk By: Approved as to form by Title: city Attorney (Attach Notary Acknowledgment) -5- /M~ /ti LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $74,800.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $74,800.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $2,200.00 Securities approved as to form and amount by ~^~/ r City Atto'fney Improvement Completion Date: Two (2) years from date of council approval of the Subdivision Improvement Agreement. c:\cbS\cvcity\sia\scrn4bu6 -6- /SA - f? STAlE OF CALIFORNIA COUNTY OF San Diego } ~~s. On October 7. 199R I before me, C:::H~::ln T ; 7::lhprh RntJP1'"C:: personally appeared Elizabeth J. Jackson--------------------------------------------- ______________________________________________________--------~- personally known to me (or proved to me on the basis of satisfactory evidence) to be the personts) whose name($} isIaf&- subscribed to the within instrument and acknowledged to me thaHle/sheJt~xecuted the same in-his/her/theifauthorized capacity(ies), and that by Ais/her/theif signature{s) on the instrument the - - person(S) or the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. Signatur~ <._""./~ Gl..rf-~~ ,0,.-0(1-0' 1- - - - ~~~;~ -1 ~ ConYniSSlon.l085147 i -a Notary Public - CaIlomIa I SOn ()ego COl.<\1V - 1 _ _ _ _ ~ c~~[x~es_~ 9.~ t (Thos.... too' --.........- TItle of Document 0/ , (J" ;.: ;~<?-- Date of Document 11.;:f () r. 'r-. 0 Other signatures not acknowledged ~rn~ '-'~. :2t ~/1',~ ::r~ . No. of Pages 'f (, ') /Y4 .-tr Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Dec~o.rant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199__, by and between THE CITY OF CHULA VISTA, a IT. ipal corporation, hereinafter called "City", and Pacific Bay Pc :::ties, 2300 Boswell Road, suite 209, Chula vista, California, 9: hereinafter called "Subdivider"; !!IINE~~EIH~ WHEREAS, Subdivider is about to present to the City Council of the City of Chula vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SALT CREEK RANCH NEIGHBORHOOD 4B, UNIT 7 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install -1- /M -17' and complete, at Subdivider's own expense, all the public improvement work required by city in connection with the proposed subdivision and will deliver to city improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 16834, approved on the 6th day of october, 1992 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 98-541 through 98-547 on file in the office of the city Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of ONE HUNDRED EIGHTEEN THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($118,600.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the city Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 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. 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 -2- 1M" /t:TV certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the city Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FIFTY NINE THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($59,300.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FIFTY NINE THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($59,300.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the city of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($2,300.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the city Council at the time of engaging the work to be performed. Upon certification of completion by the city Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. -3- /5'4 '--/~J Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the city of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the city Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with city a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to -4- /M - /c:J.:2. damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by city of any responsibility for such damage or taking, nor shall city, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (lO) years following the acceptance by the city of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, agreement to be executed forth. the parties hereto have caused this the day and year first hereinabove set THE CITY OF CHULA VISTA PACIFIC BAY PROPERTIES: Its: Mayor of the City of Chula vista By: Cf[!;0jMW:JJ~'7~j ~\/n Title: ~, :r::. ATTEST city Clerk By: Approved as to form by Title: city Attorney (Attach Notary Acknowledgment) -5- --- J.-?/} - /tf':) LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $59,300.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $59,300.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $2,300.00 Securities approved as to form and amount by L~JJJVI-./ ~ City At~orney Improvement Completion Date: Two (2) years from date of Council approval of the Subdivision Improvement Agreement. c:\cbs\cvcity\sia\scrn4bu7 -6- /~ ~/ t/j/ STATE OF CAUFORNIA COUNTY OF San Diego l~. On October 7. 1 qqa , before me. c:,,~An T" 'Hthpt'n RntJP1""C:: personal~appeared Elizabeth J. Jackson--------------------------------------------- ______________________________________________________--------~Personal~ known to me (or proved to me on the basis of satisfactory evidence) to be the persontsJ whose name($) islare-- subscribed to the within instrument and acknowledged to me that-he/sh~xecuted the same in his~ltheir 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. WITNESS my hand and offICial seal. Signatur(/1/i.2//- d~~.~c~~ ~A;-~~~-l _ ~ c..,.....,.,'1ll85147 i ,.. Nalay Pl.tlIIc - CcalIria I i san DIego COl.nIy - _ _ _ _~c:c::~_~9~ t cn-_to<-"'-- '-~e ofCK>cument Subdivision lmnrovpmpnr Agr~~m~n' Date of Document Not Dated No. of Pages Six (!\) Other signatures not acknowledged --------------------------------------------------- /S/7//0~ RESOLUTION NO. /9;;,; ;:> RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 92-02, SALT CREEK RANCH, NEIGHBORHOOD 3, UNITS 7 THROUGH 12 AND NEIGHBORHOOD 4B, UNITS 1 THROUGH 7 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer for Chula vista Tract No. 92-02 , Salt Creek Ranch, Neighborhood 3, units 7 through 12 and Neighborhood 4B, Units 1 through 7, has executed a Supplemental Subdivision Improvement Agreement (SSIA) in order to satisfy Conditions 2, 4, 58, 59, 68, 69, 70, 102, 121, 123, 124, 125, 126, and 127 of Resolution 16834. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 92-02, Salt Creek Ranch, Neighborhood 3, units 7 through 12 and Neighborhood 4B, Units 1 through 7, a copy of which is on file in the office of the City Clerk as Document No.C09&./87 BE Chula vista Agreement. IT FURTHER RESOLVED that the Mayor of the City of is hereby authorized and directed to execute said Presented by Approved as to form by John P. Lippitt Director of Public Works ~. John M. Kaheny r city Attorney r c:\cbs\cvcity\reso\scrn4bs.sia 15'13-/2- RECORDING REQUESTED BY, City Clerk WHEN RECORDED MAIL TO, CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Developer Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR SALT CREEK RANCH, CHULA VISTA TRACT 92-02 SALT CREEK RANCH, NEIGHBORHOODS 3 AND 4B (Conditions 2, 121, 123, 124, No. 16834) 4, 58, 59, 68, 69, 70, 102, 125, 126 and 127 of Resolution This Supplemental Subdivision Improvement Agreement ("Agreement") is made this _ day of , 1998, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and PACIFIC BAY PROPERTIES, a California corporation, formerly known as PACIFIC BAY HOMES, a California Corporation successor by merger to FN DEVELOPMENT COMPANY, ALPHA, a California Corporation successor by merger to FN Development Company, BRAVO, a California corporation, as owner ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("property"). The Property is part of a project commonly known as SALT CREEK RANCH, CHULA VISTA TRACT 92-02 SALT CREEK RANCH. For purposes of this Agreement the term "project" shall mean "Property". B. Developer is the owner of the Property. /~[] - 2- C. Developer has applied for and the City has approved a Tentative Subdivision Map commonly referred to as Salt Creek Ranch, Chula vista Tract No. 92-02, ("Tentative Subdivision Map") for the subdivision of a large parcel of property including the subject Property. D. The city has adopted Resolution No. 16834 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. The description of the conditions in this recital section of this Agreement is intended only to summarize and paraphrase such conditions in the Resolution, and is not intended herein to modify or explain them, and is not intended as a basis for interpreting them. E. City is willing, on the premises, security, terms and conditions herein contained to approve the final map for which Developer has applied as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent OWners. 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. Agreemen t Runs wi th 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 such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the city shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project, Developer may have the right to obtain a release of any of Developer's obligations under this Agreement, provided Developer obtains the prior written :2 J51J-3 consent of the city to such release. Such assignment shall, however, be subj ect to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the reasonable satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. 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 and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. 2. Condition No.2 - (Public Facilities Financing Plan). In satisfaction of Condition No. 2 of Resolution 16834, Developer shall install public facilities in accordance with the Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. In addition, the sequence that improvements are constructed shall correspond to any future East Chula Vista Transportation Phasing Plan as may be amended in accordance with the final HNTB SR-125 Financing Study adopted by the City. The city Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 3. Condition No.4 - (General Preliminary). In satisfaction of Condition No. 4 unless otherwise conditioned, the developer shall comply with, remain in compliance with, and implement, the terms, conditions and provisions of the Salt Creek General Development Plan, Sectional Planning Area Plan, and such Master Plan of Reclaimed water, Urban Runoff Report, Habitat Enhancement Plan, Master Plan of Sewage, Water Conservation Plan, the Air Quality Improvement Plan Design Guidelines and the Public Facilities Financing plan (PFFP) approved by the Council ("Plans") as are applicable to the property which is the subject matter of the Tentative Map, prior to approval of the Final Maps, or shall have entered into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require, assuring that, after approval of the Final Map, the developer shall continue to comply with, remain in compliance with, and implement such Plans. Developer hereby agrees to waive any claim that the adoption of a final Water Conservation Plan or Air Quality " ~ J5!J~'i Improvement Plan constitutes an improper subsequent imposition of the condition. 4. Condition No. 58 - (Indemnification). In satisfaction of Condition No. 58 of Resolution 16834, Developer hereby agrees to defend, indemnify and hold harmless the city and its agents, officers and employees, from any claim, action or proceeding against the city, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision provided the city promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 5. Condition No. 59 - (Hold Harmless). In satisfaction of Condition No. 59 of Resolution 16834, Developer hereby agrees to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 6. Condition No. 68 - (Open Space, Parks, Recreation Master Plan). In satisfaction of Condition No. 68 of Resolution 16834, Developer shall prepare, submit and obtain Director of Parks and Recreation (Director of Planning and Building) approval of a comprehensive Master Plan for the open space system, recreation trails and parks which shall include, but not be limited to, phasing of the installation of facilities in accordance with the recreation needs analysis. The Master Plan shall reflect: a. More precise location, size and configuration of parks, recreation and equestrian trails and fencing than indicated on the Tentative Map. b. A multi-use bridged trail crossing of Salt Creek to the community park in Phase 1 to create an east/west link over Salt Creek. c. The extension of equestrian and recreation trail systems to the eastern property boundary on the south side of Proctor Valley Road. d. Pedestrian walkways from cul-de-sac ends on Streets DD, FF, and GG designed with open ends along Proctor Valley Road west of Hunte Parkway to the walk system adjacent to Proctor Valley Road. e. All open space access points shall have a minimum of 10 ft. clear vehicular surface, with an additional 2 ft. clear on either side of any vertical obstructions. 4 /5g/~ f. Determination of the proposed open space district parcel boundaries and maintenance responsibilities. g. An equestrian-style fence adjacent to the 10 foot recreation trail along the north side of the Community Park, adjacent to Proctor Valley Road, and continuing along the trail at . the east side of the park to the point where the trail enters the park. h. Extension of the recreation trail within lots K and L adj acent to EastLake, along the southerly property line of Neighborhood 4, along the westerly property line of said Neighborhood (future San Miguel Road), and the westerly edges of the Neighborhood Park and the Fire Station site. This trail shall be a minimum of 10 feet in width and provide maintenance vehicle access to each adjacent open-ended residential cul-de-sac. i. All aspects of work in the open space network and the park sites shall, when completed, comply with all approved landscape and irrigation standards. j. The design, installation and improvement of the parks/open spaces shall, when completed, be in accordance with the standards set forth in the City Landscape Manual as may be amended from time to time. k. The above Master Plan for Phase One as identified in the PFFP shall be completed by the Developer on or before June 30, 1999. 1. The above Master Plan for Phase Two and Phase Three as identified in the PFFP shall be completed by the Developer on or before January 31, 2000. 7. Condition No. 69. (Park Phasing). In satisfaction of Condition No. 69 of Resolution 16834, Developer hereby agrees to the following: a. Developer agrees to construct, at its sole expense, the portions of Proctor Valley Road and Duncan Ranch Road identified by the city Engineer as necessary to access the parking lot driveway of the Community Park, in accordance with the provisions herein. Developer shall commence construction of said street improvements on or before March 31, 2001 and shall complete construction of the streets on or before March 31, 2002. All construction work shall be completed in a good and workmanlike manner, under the direction and to the satisfaction of the City Engineer. Developer understands and agrees that in the performance of construction of said street improvements, Developer shall conform to and abide by all city standards, the provisions of the ordinances of the City of Chula vista, and the laws of the State of 5 J5}J-t California applicable to said work. Prior to commencing construction of said street improvements, Developer agrees to furnish and deliver to the city, and to thereafter maintain until City acceptance of said work, an improvement security as required by City ordinance, from a sufficient surety, whose sufficiency has been approved by the City. b. On or before March 31, 2001, Developer agrees to provide the city with fee title, in a form approved by the City attorney and free and clear of all encumbrances, to that real property, identified as the Community Park. The site of said Community Park shall be subject to the approval of the Director of Planning and shall equal a total of 22 gross acres. Developer further agrees to commence construction of the Community Park no later than March 31, 2001. Developer may extend commencement of construction of the Community Park for a period of time approved by the city, if such postponement is caused by the City's delay in approving park plans for the Community Park or for some other reason approved by the City. The level of amenities required to be constructed by Developer for the Community Park shall be determined by the Director of Planning in conjunction with the Park Master Plan. The Developer shall complete construction of the Community Park on or before March 31, 2002. c. On or before April 2, 1999, Developer agrees to provide the City with fee title, in a form approved by the City attorney and free and clear of all encumbrances, to that real property, identified as the Neighborhood Park. The site of said Neighborhood Park shall be subject to the approval of the Director of Planning and shall equal a total of 5.71 net usable acres and 7.1 gross acres. Developer further agrees to commence construction of the Neighborhood Park no later than April 2, 1999. Developer may extend commencement of construction of said park for a period of time approved by the City, if such postponement is caused by the city's delay in approving park plans for the park or for some other reason approved by the City. The level of amenities required to be constructed by Developer for the Neighborhood Park shall be as set forth in the Rolling Hills Ranch Neighborhood Park Master Plan, as approved by the city Council, and may be modified and approved by the Director of Planning and Building. The Developer shall complete construction of the Neighborhood Park within one year of commencing construction of said park. d. Developer understands and agrees, that if the Community Park or Neighborhood Park are not completed within the time agreed herein and/or in accordance with the appropriate park master plans approved by the city, the sums provided by Developer in accordance with the Letter Agreement with Pacific Bay Homes and the City of Chula vista, dated October 1, 1997, may be used by City for the completion of said improvements. 6 /S/J--? 8. Condition No. 70 - (Neighborhood Park). In satisfaction of Condition No. 70 of Resolution 16834, Developer shall dedicate all required parkland (22 gross acres, Community Park, 7 gross acres, Neighborhood Park) and construct park improvements in accordance with the Master Plan and construction documents prepared pursuant to Condition 73 as "turn-key" projects. The Director of Parks and Recreation (Director of Planning and Building) shall have the right of final approval in the selection process of the general contractor for both of the park sites. 9. Condition No. 102 (Noise Impact Mitigation). In satisfaction of Condition No. 102 of Resolution 16834, Developer shall mitigate noise impacts on the residences along Proctor Valley Road by the placement of solid walls or wall/berm combinations on the building pads at the top of the slopes adjacent to the roadway. The walls shall be solid masonry construction with a material weight of at least 3.5 pounds per square foot without any air spaces along their entire length. The end of each noise wall shall wrap around the building pad enough to block the line of sight from all points in the exterior living space to any portion of the impacting roadway. The Developer shall indicate on the grading plans for Neighborhoods 1, 3, 7B and 8 said walls in compliance with the Salt Creek Ranch SPA SEIR, subject to the approval of the city Engineer and the Director of Planning. 10. Condition No. 121 - (Chula vista Municipal Code). In satisfaction of Condition No. 121 of Resolution 16834, Developer shall 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 an Subdivision Manual. 11. Condition No. 123 - (Fire Sprinkler Requirements). In satisfaction of Condition No. 123 of Resolution 16834, Developer shall provide some lots with residential fire sprinkler systems due to access requirements as determined by the Fire Marshal. In multi-family dwellings, if a sprinkler system is required for one building, all buildings in the project shall be sprinklered. 12. Condition No. 124 (Salt Creek Ranch SPA). In satisfaction of Condition No. 124 of Resolution No. 16834, Developer shall make all proposed development consistent with the Salt Creek Ranch SPA Planned Community District Regulations, subject to the approval of the Director of Planning. 13. Condition No. 125 - (Energy Conservation Ordinances). In satisfaction of Condition No. 125 of Resolution No. 16834, Developer shall comply with Title 24 and any other energy conservation ordinances and policies in effect at the time 7 /~8 -rr construction occurs on the property in conformance with this Tentative Map. 14. Condition No. 126 - (Federal, State, Local Regulations). In satisfaction of Condition No. 126 of Resolution No. 16834, Developer shall Comply with all relevant Federal, State and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 15. Condition No. 127 (Conununity Purpose Facility Ordinance). In satisfaction of condition No. 127 of Resolution No. 16834, Developer shall comply with the Community Purpose Facility Ordinance. The Developer shall provide areas proposed to show compliance with said ordinance and obtain approval of said areas from the Director of Planning prior to approval of the first final map in Phase 2. 16. Satisfaction of Conditions. city agrees that the execution and strict compliance with all requirements of this Agreement constitutes satisfaction of Developer's obligation of Conditions 2, 4, 58, 59, 68, 69, 70, 102, 121, 123, 124, 125, 126, and 127 of Resolution No. 16834. 17. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Salt Creek Ranch Tentative Map, Tract 92-02 established by Resolution No. 16834 approved by Council on October 6, 1992. 18. prepared party. Recording. This Agreement, or an abstract hereof by either or both parties, may be recorded by either 19. 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_Facsimile transmission shall constitute personal delivery. s /s-o-c; CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, CA. 91910 Attn: Director of Public Works Developer: PACIFIC BAY PROPERTIES 2300 Boswell Road Suite 209 Chula vista, Ca. 91914 Attn: Liz Jackson Division Manager A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. Facsimile transmission shall constitute personal delivery. 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 subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. 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 presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals] Exhibits. Any recitals set forth above are incorporated by reference into this Agreement. f. 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 SIGNATURE PAGE] 9 is'S -/0 OCT-08-S8 13:31 FROM:PACIFIC BAY HOMES 10:619 656 4306 PAGE 3/3 IN WI'INBSS W,BEdOF, the parties hereto have caused this Agree1Ulmt to be e)Cecuted the day and year first herein aboVe set fo;r:th. CITY OJ? cmrLA VISTA Mayor Attest: DEVELOPER: I?ACIFIC BAY PROpP:RTIES [TiUe) Beverly AUthelet, city clerk By: Approved as to. Form: John M. Kaheny. city~tto=ey I h: \5h&red.\...t~y\saPP3t.'tl'BX. [Namel [Title] (Attach Notary AcknOwledgment) 10 /S!5 -iI OCT-08-98 13,31 FROM.PACIFIC BAY HOMES - 10.619 656 431216 - PAGE 2/3 STATE OF CALIFORNIA J)' COUNTY OF W~ LJr } }ss. } On!Q('i"d......A , g, ICftf! . before meC4" ~_.-A~../~T/0tJ7-V-O.A..J _ personally appeared 00. 9tL~- . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person~ whose name{s) ~'aU} subscribed to the within instrument and acknowledged to me th~/tl'Iey executed the same irrtris~AAeir authorized capacityfiesj. and that by his/herMeir signature(s) on the instrument the person~ or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. Signaturq~ -"'_ ~AU~C?f;erw-uaJ 1;j~=.1 i NalayPl.tllIc-~ ~ ~ San DIego ColJ'IIy - _ _ __~~~"'_~9~ t (TI....... "" _ _ sui) rrt~OfDoou~:'().~ Y>r~-~;?"-'- ~ Date of Docum No. of Pages - Other signatures not acknowledged /~!1- /2 . ~ P)~~ . R16834 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TENTATIVE SUBDIVISION MAP FOR SALT CREEK RANCH, CHULA VISTA TRACT 92-02 AND MAKING THE NECESSARY FINDINGS, RECERTIFYING SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT SEIR 91-03 (SCH #89092721) AND READOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING PROGRAM FOR THE SEIR WHEREAS, the property which is the subject matter of this resolution is identified and described on Chula Vista Tract 92-02, and is commonly known as Salt Creek Ranch ("Property"); and, WHEREAS, the Baldwin Company filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as Salt Creek Ranch, Chula Vista Tract 92-02, with the Planning Department of the City of Chula Vista on June 15, 1992 ("Project"); and, WHEREAS, said application requested the approval for the subdivision of approximately 1197.4 acres located on both sides of Proctor Valley Road, east of the easterly terminus of East H Street, into 2,609 residential lots, open space areas, two school lots, two parks and two community purpose facility lots; and, . WHEREAS, the development of the Property has been the subject matter of a General Development plan ("GDP") previously approved by the City Council on September 25, 1990 by Resolution No. 15875 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Salt Creek Ranch, General Development Plan, Environmental Impact Report No. 89-03, SCH No. 89092721 ("Program EIR 89-03"), a program environmental impact report as same is defined in CEQA Guideline Section 15168; and, WHEREAS, the development of the Property has been the subj ect matter of a Section Planning Area Plan ("SPA Plan") previously approved by the City Council on March 24, 1992 by Resolution No. 16554 ("SPA Plan Resolution") wherein the City Council, in the environmental evaluation of said SPA Plan, relied in part on the "Salt Creek Ranch, Sectional Planning Area (SPA) Plan Final Supplemental Environmental Impact Report No. 91- 03" , SCH No. 89092721 ("SEIR 91-03"); and, WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 89-03 and SEIR 91-03 that is virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said former environmental evaluations; and, . WHEREAS, the City Environmental Review Coordinator has reviewed the proposed Tentative Map and determined that is in substantial conformance with the SPA Plan, therefore no new environmental documents are necessary; ATTACHMENT 1 / < ' WHEREAS, the Planning Commission held an advertised public hearing on said project on September 23, 1992 and recertified SEIR 91-03, voted to recommend that the City Council approve the Tentative Map in accordance with the findings and conditions listed below and readopted the Statement of Overriding Considerations and the Mitigation Monitoring Program; and, '-... WHEREAS, the City Council set the time and place for a hearing on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its publication a newspaper of general circulation in the City and its mailing to property owners within 1,000 feet of the exterior boundaries of the property at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 4:00 p.m., October 6, 1992, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. ##### NOW THEREFORE, THE CITY COUNCIL finds, determines and resolves as follows: SECTION 1. CEQA Finding re Previously Examined Effects. The City Council hereby finds that the Project, as a later activity to that evaluated in the Program EIR 89-03 and SEIR 91-03, would have no new effects that were not examined in the preceding Program EIR 89-03 and SEIR 91-03 {Guideline 15168 (c) (1); and, -... SECTION 2. Program EIR. CEQA Finding re Project within Scope of Prior The City Council hereby finds that (1) there were no changes in the proj ect from the Program EIR and the SEIR which would require revisions of said reports; (2) no substantial changes have occured with respect to the circumstances under which the project is undertaken since the previous reports; (3) and no new information of substantial importance to the project has become available since the issuance and approval of the prior reports; and that therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and current made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the Program EIR and SEIR, and therefore, no new environmental documents are required (Guideline 15168 (c) (2)) . SECTION 3. Incorporation of All Feasible Mitigation Measures and Alternatives. The City does hereby adopt and incorporate herein as conditions for all approvals herein granted all mitigation measures and alternatives, if any, which it has determined, by the findings made in the GDP Resolution and the SPA Resolution, to be feasible in the ~ .6 . approval of the General Development Plan and the SPA Plan, respectively. SECTION 4. Notice with Later Activities. The City Council does hereby give notice, to the extent required by law, that this Project is an activity within the scope of the program approved earlier in the GDP Resolution and the SPA Plan Resolution and the Program EIR and SEIR adequately describes the activity for the purposes of CEQA (Guideline 15168 (e)). SECTION 5. Plan. General plan Findings--Conformance to the General Pursuant to Government Code Section 66473.5, in the Subdivision Map Act, finds that the tentative subdivision map as conditioned herein for Salt Creek Ranch, Chula Vista Tract no. 92-02, is in conformance with all the various elements of the City's General Plan, the Salt Creek Ranch General Development Plan and Sectional Planning Area Plan based on the following: a. Land Use - The project is a planned community which provides a variety of land uses and residential densities ranging between 1.2 and 17.9 dwelling units per acre. The proj ect is also consistent with General Plan policies related to grading and landforms. . b. Circulation - All of the on-site and off-site public and private streets required to serve the subdivision consist of Circulation Element roads and local streets in locations required by said Element. The applicant shall construct those facilities in accordance with City standards or pay in-lieu 'fees in accordance with the Salt Creek Ranch Public Facilities Financing Plan. c. Housing - The applicant is required to enter into an agreement with the City to provide and implement a low and moderate income program within the project prior to the approval of any Final Map for the project. d. Conservation and Open Space - The project provides 452 acres of open space, 37% of the total 1197.4 acres. Grading has been limited on steep hillsides and grading plan approval will require the revegetation of slopes in natural vegetation. e. Parks and Recreation - The project will provide a 22 acre (gross) community park, a 7 acre (gross) neighborhood park and the payment of PAD fees or additional improvements as approved by the Director of Parks and Recreation. In addition, equestrian and recreational trail systems will be provided throughout the proj ect, ultimately connecting with other open space areas and trail systems in the region. . f. Seismic Safety - No seismic faults have been identified in the vicinity of the property. 3 g. Public Safety - All public and private facilities will be reachable within the threshold response times for fire and police services. --." h. Public Facilities - The applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this project. In addition, the project is preserving a potential fire station site. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this project as well as other major projects in the eastern territories. i. Noise - The project will include noise attenuation walls as required by an acoustic study dated July 15, 1992 prepared for the project. In addition, all units are required to meet the standards of the UBC with regard to acceptable interior noise levels. j. Scenic Highway - The roadway design provides wide landscaped buffers along the two scenic highways, Proctor Valley Road and Hunte Parkway. k. Bicycle Routes - Bicycle paths are provided throughout the project. 1. Public Buildings - The project provides a fire station site and two school sites to serve the area. The project is also be subject to RCT and DIF fees. --., SECTION 6. Subdivision Map Act Findings. A. Balance of Housing Needs and Public Service Needs. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. The development will provide for a variety of housing types from single family detached homes to attached single family and multiple family housing and will provide low and moderate priced housing consistent with regional goals. B. Opportunities for Natural Heating and Cooling Incorporated. The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. C. Finding re Suitability for Residential Development. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. --., Jf SECTION 7. Conditional Approval of Tentative Subdivision Map. . The City Council does hereby approve, subject to the following conditions, the tentative subdivision map for Salt Creek Ranch, Chula Vista Tract 92-02 (Unless otherwise specified, all Conditions and Code Requirements shall be fully completed to the City's satisfaction prior to the approval of the First Final Map. Unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title) : The developer shall: General/Preliminarv 1. Prepare amendments to the Public Facilities Financing Plant (PFFP) to reflect the modifications to the sequence of development as indicated on Exhibit A (attached) and condition No.2 herein and which indicates a reduction in Phase 1 to 1,137 dwelling units by deleting lots/dwelling units in locations and numbers, subject to the approval of the Director of Planning and the City Engineer. For purposes of these conditions, Phases 1-3 cited in these conditions shall be composed of those neighborhoods or portions of neighborhoods as indicated on Exhibit A. (Planning, Engineering) . 2. Install public facilities in accordance with the Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. In addition, the sequence that improvements are constructed shall correspond to any future East Chula Vista Transportation Phasing Plan as may be amended in accordance with the final HNTB SR-125 Financing Study adopted by the City. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. (Engineering) . 3. The mitigation measures required before Final Map approval by Final Supplemental Environmental Impact Report for Salt Creek Ranch (FSEIR) 91-03 are hereby incorporated into this Resolution by reference. Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning. Mitigation measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the FSEIR. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning should changes in circumstances warrant such revision. (Planning) 4. Unless otherwise conditioned, the developer shall comply with, remain in compliance with, and implement, the terms, conditions and provisions of the Salt Creek General Development Plan, sectional Planning Area Plan, and such Master Plan of Reclaimed Water, Urban Runoff Report, Habitat Enhancement Plan, Master Plan of Sewage, Water Conservation Plan, the Air Quality Improvement Plan Design Guidelines and the Public Facilities Financing Plan approved by the Council ("Plans") as are applicable to the property which is the .5 subject matter of this Tentative Map, prior to approval of the Final Map, or shall have entered into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require, assuring that, after approval of the Final Map, the developer shall continue to comply with, remain in compliance with, and implement such Plans. Developer shall agree to waive any claim that the adoption of a final Water Conservation Plan or Air Quality Plan constitutes an improper subsequent imposition of the condition. (Planning, Engineering) ........ Streets. Riqhts-of-Wav and Imorovements 5. Provide security in accordance with Chapter 18.16 of the Municipal Code and dedicate construct full street improvements for all public and portions of private streets shown on the Tentative Map within the subdivision boundary or off-site, as required for each unit or phase. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer reclaimed water and water utilities, drainage facilities, street lights, signs, fire hydrants and transitions to existing improvements. All streets shall conform to the City's Street Design Standards Policy adopted by City Council Resolution #15349 unless otherwise conditioned or approved by the City Engineer. Construct transitions to existing improvements in the manner required by the City Engineer. (Engineering) 6. Dedicate for public use all the streets shown on the map within the subdivision boundary except private (Engineering) -... tentative streets. 7. Construct or enter into an agreement to construct the following street improvements prior to the approval of the corresponding Final Map for the neighborhoods identified. The required security shall be provided for each facility prior to approval of the Final Map for the corresponding neighborhood or portion thereof. Construction of appropriate full or partial improvements for each neighborhood or portion thereof, as indicated in Matrix A (full) or Matrix B (partial) shall be completed prior to issuance of occupancy permits for each affected neighborhood or portion thereof. MATRIX "A" NEIGHBORHOOD FACILITIES NEEDED" 1 1.2.3.18 2 1,2.4,10,11, 18 3 1,18 4A 18 4B 1,18 ........ fty . 5 1,18 6 1,4,9,18,20 7A 1,4,10,18,20 7B 1,4,5,9,18,20 8 5,6,9,20,21 9 5,6,7,8,9,20 lOA 5,6,7,8,9, 15, 16,20 lOB 5,6,7,9,15,16,20 11 5,6,9,12,13,14,17,20 12 5,6,9, 12, 13,20 13 5,6,9, 12,20 "'See Table 1 for description of each facility. . . . 7 MATRIX "B" Construct the following partial improvements in accordance with the phasing plan [or revised development sequence] as indicated on Exhibit A attached. Phase 1A Neighborhood PARTIAL FAOLITIES NEEDED 3a, 3b, 4b, 5b, 6a I, 18 full improvements. Facility No. 19, Proctor Valley Road, shall be graded full width and paved with two lanes in lieu of constructing facility #18. Phase 1B rieigbborhood #la 90 units a. 3 ~ grade to ultimate, improve 4 lanes and center median. #2a,b-213 units #4a~ 1 DO units b. 4, 5 - grade to ultimate, construct a 2 lane facility to the satisfaction of the City #5..119 units Engineer. #6b-1l3 units c. 9, 10,20 full improvements d. 21 - construct 2 lanes of Duncan Ranch Rd. to the park entrance. Improve the 12 acre park. -. Facility 11: Deposit cash with the City Engineer to provide security for the future construction of full street improvements for Hunte Parkway, including underground utilities, north of its intersection with Street 1111 to the northerly subdivision boundary in lieu of constructing said full improvements. The amount of deposit shall be based on a developer's cost estimate submitted to and improved by the City Engineer. The deposit shall be paid prior to approval of the Final Map for Neighborhood 2. Notwithstanding the foregoing, construct a 24 - foot wide paved access road between street "1111" and the northerly subdivision boundary at the time Hunte Parkway, between Proctor Valley Road and Street "1111", is constructed, or at such time as the existing access road is removed, whichever occurs first. (Engineering) .-, Facility 19: Provide security for facility #19 (Proctor Valley Road offsite) prior to issuance of the building permit for the 1138th unit. Complete full grading and construct two lanes prior to occupancy of the 1756th unit. Construct full improvements prior to issuance of the 2176th building permit. -. ~ TABLE I DESCRIPTION OF TRANSPORTATION F ACTLITIES FaciIit)' No. Street Portion 1 Lane Avenue South Subdivision boundary to Proctor Valley Road 2 Lane Avenue Proctor Valley Rd. to entrance NH 1&2 3 Proctor Valley Rd. West Subdivision Boundary to Lane 4 Proctor Valley Rd. Lane to Hunte Parkway 5 Proctor Valley Rd.. Hunte to Neighborhood 7B 6 Proctor Valley Rd.. Neighborhood 7B to YYYY 7 Proctor Valley Rd.. St. yyyy to St. CCCC 8 Proctor Valley Rd.. 51. CCCC to East Subdivision Boundary 9 Hunte Parkway South Subdivision Boundary to Proctor Valley Road 10 Hunte Parkway Proctor Valley Road to Entrance of Neighborhood 7 A II Hunte Parkway Neighborhood 7 A Entrance to North Subdivision Boundary, grade full width, pave 2 lane road. cash bond for ultimate improvements, extend utilities to Subdivision Boundary 12 yyyy Proctor Valley Road to Neighborhood 9 Northern boundary. 13 yyyy Neighborhood 9 to Neighborhood 12. 14 yyyy Neighborhood 12 to Northern Subdivision boundaly. . 15 CCCC Proctor Valley Road to Northern Boundary Neighborhood 9. 16 CCCC Neighborhood 9 to North Boundary Neighborhood IDA. 17 CCCC Neighborhood lOA to YYYY 18 MacKenzie Creek Rd. West Subdivision Boundary to Lane. 19 Proctor Valley Road West Subdivision Boundary to Mt. Miguel Rd. 20 Hunte Parkway South Subdivision Boundary to Otay Lakes Road. 21 Duncan Ranch Road Within Subdivision. . these JegIIlents of Proctor Valley Road shall be gmIed and COIl:iIrUCled to 6 lane prime stIDdanb unlC5J slUdies concluctai for the Otay Ranch developmerll indicate a 1_ Jtreet stmdard is adequate and that reduction is approved thmugh I change of the street clusifieation in the circulation element of the General Plan. . . (Engineering) . 9 8. Provide on the Final Map City rejection of an irrevocable offer to dedicate (IOD) the right-of-way for Hunte Parkway north of Street "III" in Neighborhood 2. Grant an. open space easement over the balance of the right-of-way within the IOD subject to the condition that it revert to street purposes if and when the City later accepts the IOD. (Engineering) -" 9. Provide red curbs and "no parking" signs to prohibit on-street parking on Lane Avenue and stripe bicycle lanes. (Engineering) 10. Provide red curbs and "no parking" signs to prohibit on-street parking on the westerly side of Hunte Parkway between Proctor Valley Road and the southerly subdivision boundary. (Engineering) 11. Design and construct Lane Avenue as a Class I collector. (Engineering) 12. Requested Waiver 1 is approved subject to compliance with parking requirements in Street Design Standard Policy, item #20, page 12. Requested waivers 2 through 7 as listed on the tentative map and reduction of the centerline radius of Street "ccc" to 150 feet are hereby approved subject to submission of a letter from a registered civil engineer indicating that the results of the waivers requested conform with common engineering practice and standards in consideration of public safety. (Engineering, Planning) -.. 13. Construct a temporary turnaround at the end of any streets which are not constructed to their full lengths that are greater than 150 feet in length as measured from the nearest intersection, except as approved by the City Engineer. (Engineering) 14. Construct or provide to the specifications or satisfaction of the City Engineer the following features to all neighborhoods with private streets with controlled access devices, such as gates: a. Gates located to provide sufficient room to queue up without interrupting traffic on public streets. b. Turn arounds at the gates. c. Delineation of border between public street and private street by enhanced pavement. No enhanced pavement shall be located within public right-of-way. d. Emergency vehicle access. (Engineering) 15. Install fully activated traffic signals including interconnect wiring at the following intersections: a. Proctor Valley Road/Lane Avenue -" 10 b. Proctor Valley Road/Hunte Parkway . c. Proctor Valley Road/Duncan Road d. Proctor Valley Road/Oak Creek Road e. Proctor Valley Road/Street .1YYYYII f. Lane Avenue/Otay Lakes Road g. Hunte Parkway/Otay Lakes Road Install underground improvements, standards and luminaries with construction of street improvements, and install mast arms, signal heads and associated equipment when signal warrants are met, as determined by the City Engineer. (Engineering) 16. Install interconnect conduit, pull boxes and pull rope to connect the traffic signals along Proctor Valley Road within the subdivision. (Engineering) 17. Install traffic counting station loops at seven locations determined by the City Engineer. (Engineering) . 18. Submit to and obtain approval by the City Engineer striping plans for all major and collector streets simultaneously with the associated improvement plans. (Engineering) 19. Grant in fee the City a I-foot control lot at the northerly terminus of Hunte Parkway and Street "YYYY" and the southerly terminus of Duncan Ranch Road. (Engineering) 20. Install transit amenities on both sides of Proctor Valley Road (East "H" Street) at the following locations, or appropriate alternative locations as approved by the City Engineer: a. Proctor Valley Road (East "H" Street) /Hunte Parkway intersection. b. Proctor Valley Road (East "H" Street) /Lane Avenue intersection. Transit amenities include, but are not limited to benches and/or shelters, and are subject to the approval of the City Engineer. Pay a $10,000 cash deposit to the City to fund transit amenities when required. (Engineering) . 21. Dedicate to the City right-of-way at the easterly end of Street 1111 to provide for the future extension of said street. Said dedication shall extend to the subdivision boundary the exact configuration and location of which are subject to approval of the II City Engineer and the Director is not utilized by the street by the City on the Final Map. the easement indicated on Neighborhood 11 which shall (Engineering, Planning) of Planning. All right-of-way which to be constructed shall be rejected This dedication shall be in lieu of the Tentative Map over lot 76, not be shown on the Final Map. ~ 22. Provide public street access to the northern adjacent properties upon development- of Neighborhood 11 by means of Street YYY stubbing into said area, as depicted on the Tentative Map, subject to approval of the City Engineer and the Director of Planning. Prior to approval of the first Final Map for Neighborhood 12, the northern adjacent property owners of record shall demonstrate to the satisfaction of the City Engineer and Director of Planning that alternate public street access to the northern adjacent properties can be reasonably and feasibly constructed by them, at their own expense, from an economic, planning, environmental, engineering and legal standpoint. Upon such a showing, the developer shall provide private easement access up to the existing dirt roads located at the end of Street MMMM and Street NNNN, by means of Street SSSS, as depicted on the Tentative Map. (Engineering, Planning) 23. Grant to the City an easement or easements for street tree planting and maintenance, and landscape buffer areas along all public streets in the width required by the City'S Street Design Standards. (Engineering) -., 24. Acquire and then grant to the City all offsite rights-of-way necessary for the installation of required street improvements for the affected phase or unit, prior to approval of each Final Map for each affected phase or unit of the subdivision. (Engineering) 25. Notify the City at least 60 days prior to consideration of the affected Final Map by City, if offsite right-of-way cannot be obtained as required by Condition 24. (Only offsite right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition) . After said notification and prior to the approval of the affected Final Map, the developer shall: a. Pay the full cost of acquiring offsite right-of-way or easements required by the Conditions of Approval of the Tentative Map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. The amount of the deposit is subject to the approval of the City Engineer. c . Prepare plats and proceedings. and submit all easement and/or right-of-way documents, appraisals necessary to commence condemnation ~ /Z- . If the developer so requests, the City may use its power of eminent domain to acquire right-of-way, easements or licenses needed for offsite improvements or work related to the tentative map. The developer shall pay all costs, both direct and indirect incurred in said acquisition. The condition to construct the related off site improvements which fall under the purview of Section 66462.5 of the State Subdivision Map Act are waived in accordance with that section of the Act, if the City does not acquire or commence proceedings for immediate possession of the property within the 120 day time limitation specified in that section. (Engineering) 26. Widen intersection approaches for Proctor Valley Road/Hunte Parkway to the satisfaction of the City Engineer. (Engineering) 27. Construct private streets in accordance with the standards contained in the subdivision manual and street design standards unless otherwise approved by the City Engineer. Private street cross sections shall conform to those shown on the tentative map for curb-to-curb width and right-of-way width, with the exception of the private street section for Neighborhood 13 which shall have a 48 ft. right-of-way width, and 32 ft. curb-to-curb. (Engineering) . 28. Provide standard curb and gutter for all public streets. Street sections as shown on the Tentative Map are approved unless otherwise conditioned. (Engineering) Sewers 29. Grant the City fee title to a parcel within which the Salt Creek Ranch sewer pump station shall be located. Design and construct the sewer pump station subject to the approval of the Cities of Chula Vista and San Diego. (Engineering) 30. Provide security and construct the following offsite sewer improvements prior to approval of any Final Map which requires the Eastlake sewer pump station on Otay Lakes Road to provide sewer service: a. A gravity sewer right-of-way from the southerly subdivision boundary to the EastLake pump station. b. Upgrade the EastLake pump station, as determined by the City Engineer, to provide pumping capacity and emergency measures to accommodate temporary sewage flows from Salt Creek Ranch. Obtain approval of the design of said improvements from the City Engineer. (Engineering) . 31. Request and complete incorporation into the existing sewer /3 service surcharge district to provide for future maintenance of the Salt Creek Ranch and Eastlake pump stations, prior to approval of the first Final Map of a phase or unit served by the Eastlake pump station. Deposit $2,000 to cover costs of incorporation. Pay the full cost of said incorporation. (Engineering) --, 32. Provide access to all sanitary sewer manholes via an improved access road with a minimum width of 12 feet, designed an H-20 wheel load, or other loading, subject to the approval of the City Engineer. (Engineering) Gradincr and Drainaqe 33. Grade rear or side yard access to all public storm drain structures, including inlet and outlet structures, and construct paved access thereto except as otherwise directed by the City Engineer. (Engineering) 34. Place all lot lines at top of slope, except in Neighborhoods 9-13, where the SPA concept allows for this exception. Final grading plans and lot line locations shall be subject to approval of the City Engineer and Directors of Planning, and Parks and Recreation and the Fire Marshal. (Engineering, Planning, Parks & Recreation, Fire) 35. Submit a list of structure will be located two situations prior to family residential use. proposed lots indicating whether the on fill, cut, or a transition between the approval of each Final Map for single (Engineering) -, 36. Submit grading proposals for review and approval by the City Engineer and the Directors of Planning and Parks and Recreation for consideration of balanced cut and fill, contour grading, utilization of appropriate soil types, effective landscaping and re-vegetation where applicable. Grade in separate phases unless a single phase operation is approved with the grading plan. (Engineering, Planning, Parks & Recreation) 37. Provide a letter of permission for grading from SDG&E prior to any grading within or adjacent to an SDG&E easement or which would affect access thereto. (Engineering) 38. Construct retention/detention facilities as approved by the City Engineer prior to issuance of grading permits to reduce the quantity of runoff to an amount equal to or less than present flows for the 100 year frequency storm. (Engineering) 39. Prepare and obtain approval by the City Engineer and the Director of Planning an erosion and sedimentation control plan and landscape/irrigation plans as part of the mass grading plans. (Engineering, Planning, Parks and Recreation) --, 11/ . 40. Obtain notarized letters of permission for all offsite grading prior to issuance of a grading permit for work requiring said offsite grading. (Engineering) 41. Accomplish the following prior to approval of a Final Map for any unit or phase which requires drainage detention and/or filtration basin(s) : .a. Prepare a maintenance program including a schedule and a financing mechanism for said detention and/or filtering basins. Said program shall be subject to approval of the City Engineer. b. Enter into an agreement with the City of Chula Vista and the State Department of Fish and game wherein the parties agree to implement the basin maintenance program. (Engineering) 42. Provide a comprehensive Best Management Practices (BMPs) study regarding off-site drainage satisfactory to the City Engineer and the City of San Diego's Water Utilities Director prior to approval of any Final Map in Neighborhoods 9-13. Install all facilities as recommended in the study and shall implement a maintenance district for these drainage facilities, satisfactory to the Water Utilities Director. (Engineering) . 43. Design the storm drains and other drainage facilities to include BMPs to minimize non-point source pollution, satisfactory to the City Engineer and the City of San Diego Water Utilities Director. (Engineering) 44. Present evidence to the satisfaction of the City Engineer that an agreement has been reached between the developer and the City of San Diego Water Utilities Director to provide for the protection of the reservoirs from urban pollutants prior to the approval of any Final Maps, implementing permits, or issuance of any grading permits in Neighborhoods 9-13. Such measurement shall include, but not be limited to ensuring BMPs for stormwater and/or urban runoff including erosion control. (Engineering) Water 45. Gain approval by the City Engineer and the Otay Water District (OWD) of a Master Plan of Water for Salt Creek Ranch prior to approval of any Final Map. This plan shall include a discussion of implementation and phasing, and participation in the water allocation program and TSF financing for this project and other projects in the OWD Master Plan service area. (Engineering, OWD) . 46. Determine the exact locations for the proposed pump station and reservoir to serve the 1296 Zone prior to approval of the first Final Map requiring said facilities. (Engineering, Planning, OWD) 47. Annex the project site to the OWD into Improvement District /5u No. 22, or establish a new improvement district for the project area prior to approval of ~any final map. Obtain written verification from OWD at each phase or unit of development that the tract or parcel will be provided adequate water service and long term water storage facilities. (Engineering, OWD) -- 48. Make consistent with the Water Conservation Plan for Salt Creek Ranch dated October 1991 water conservation measures for roadside landscaping and landscape maintenance subj ect to the approval of the Director of Planning. (Planning, Parks and Recreation) Reclaimed Water 49. Enter into an agreement with OWD to commit to use of reclaimed water at the earliest possible date so that OWD can ensure that an adequate supply is available prior to approval of any Final Map. Make all reclaimed water use conform to the applicable regulations of Chula Vista, Regional Water Quality Control Board and the State Department of Health. (Engineering, OWD) 50. Pay all costs incurred from retrofitting the reclaimed water system, when reclaimed water becomes available. Determine the amount of said deposit, subj ect to City approval, and pay said deposit prior to approval of each associated Final Map. (Engineering) ..-.., 51. Install reclaimed water lines as outlined in the Public Facilities Financing Plan at such time as the road improvements are constructed or the City Engineer determines that the facilities are necessary to provide a link to a live system. (Engineering) Fees/Pavrnents 52. Pay the following fees: a. Spring Valley Sewer Trunk connection fees ($130/acre) and Frisbee trunk sewer fee prior to Final Map approval for any phase or unit thereof contributing flow to the Spring Valley Trunk Sewer. b. 2384 said Telegraph Canyon drainage fees in accordance with ordinance prior to Final Map approval for any phase or unit tributary to basin. (Engineering) 53. Deposit $5,000 to provide for the first year's maintenance costs prior to approval of the Final Map of any phase or unit which requires the Salt Creek Ranch pump station to provide sewer service. (Engineering) Aqreements/Covenants ..-.., /? . 54. Enter into and execute an agreement to fund the project's fair share of a park-and-ride facility to be located in the vicinity of the East H Street and SR-125 interchange. (Engineering) 55. Enter into an agreement with the City for each phase or unit thereof, whereby: a. The developer agrees the City may withhold occupancy permits for any units in the subject subdivision if anyone of the following occur: (1) Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. (2) Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards. . b. The developer agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing. Plan (PFFP) if the required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to satisfaction of the City. The property owner 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 Planning Director and Public Works Director. (Engineering, Planning) 56. The developer shall agree to comply with the requirements of the revised Eastern Chula Vista Transportation Phasing Plan and Transportation Development Impact Fee Program or as said documents may be revised based on the conclusions of the H.N.T.B. State Route 125 financing study. (Engineering) 57. Enter into an agreement with the City agreeing not to protest formation of a district for the maintenance of landscaped medians and parkways along streets within and adjacent to the subject property prior to approval of any Final Map which includes those facilities. (Engineering) 58. Enter into an agreement to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. (Engineering) . 59. Enter into an agreement with the City wherein the City is held 17 harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. (Engineering) --,. 60. Develop an interim urban runoff management plan and agree to install required facilities to protect the water quality of the Otay Lakes prior to approval of any Final Map for any lot, unit or phase which drains to the Otay Lakes drainage basin, subject to the satisfaction of the Cities of Chula Vista and San Diego and the State Office of Health Services. (Engineering) 61. Agree to participate in funding the development of a comprehensive Otay Lakes watershed management plan and to pay a fair share of the construction cost of long term facilities as may be determined by said plan. Enter into and execute an agreement with the Cities of Chula Vista and San Diego and the County of San Diego wherein the parties agree to implement the management plan, said to be executed prior to Final Map approval for any lot, unit or phase which drains to the Otay Lakes drainage basin. (Engineering) 62. Obtain permission from the City to deposit sewage in a foreign basin and enter into an agreement whereby the City shall agree to such transfer, and the circumstances under which said permission may be revoked. (Engineering) 63. Enter into an agreement and provide appropriate security to guarantee the ability to restore the sewer systems' reserve capacity to that which currently exists, on a length-by-Iength basis, for sewage diverted into the Telegraph Canyon Basin. (Engineering) -., 64. Agree to participate in the monitoring of existing sewage flows in the Telegraph Canyon Trunk Sewer and, pursuant to any adopted Basin Plan, agree to participate in the financing of improvements set forth therein, in an equitable manner. Execute said agreement prior to Final Map approval for any phase or unit thereof proposing to discharge sewage into Telegraph Canyon trunk sewer. (Engineering) 65. Enter into an agreement with the City to participate in funding of the offsite Salt Creek Sewer Interceptor. (Engineering) 66. Enter into an agreement with the City to insure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision prior to the approval of Final Maps for each phase or unit. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may -., /? . have been, or may from time to time be issued by the City of Chula Vista. (Engineering) Public Parks and Trails 67. Prepare, submit and obtain Director of Parks and Recreation approval, for a recreation needs analysis which identifies the demand for various park facilities, to ensure that the parks are equipped to meet the expressed needs of the community. (Parks and Recreation) 68. Prepare, submit and obtain Director of Parks and Recreation approval of a comprehensive Master plan for the open space system, recreation trails and parks which shall include, but not be limited to, phasing of the installation of facilities in accordance with the recreation needs analysis. The Master Plan shall reflect: a. More precise location, size and configuration of parks, recreation and equestrian trails and fencing than indicated on the Tentative Map. . b. A multi-use bridged trail crossing of Salt Creek to the community park in Phase 1 to create an east/west link over Salt Creek. c. The extension of equestrian and recreation trail systems to the eastern property boundary on the south side of Proctor Valley Road. d. Pedestrian walkways from cul-de-sac ends on Streets DD, FF, and GG designed with open ends along Proctor Valley Road west of Hunte Parkway to the walk system adjacent to Proctor Valley Road. e. All open space access points shall have a minimum of 10 ft. clear vehicular surface, with an additional 2 ft. clear on either side of any vertical obstructions. f. Determination of the open space district parcel boundaries and maintenance responsibilities. g. An equestrian-style fence adjacent to the 10 foot recreation trail along the north side of the Community Park, adjacent to Proctor Valley Road, and continuing along the trail at the east side of the park to the point where the trail enters the park. . h. Extension of the recreation trail within lots K and L adjacent to EastLake, along the southerly property line of Neighborhood 4d, along the westerly property line of said Neighborhood (future San Miguel Road), and the westerly edges of the Neighborhood Park and the Fire Station site. This trail shall be a minimum of 10 feet in width and provide maintenance vehicle access to each adjacent /9 open-ended residential cul-de-sac. i. All aspects of work in the open space network and the park sites shall comply with all approved landscape and irrigation standards. -. j. The design, and installation and improvement of the parks/open spaces shall be in accordance with the standards set forth in the City Landscape Manual as may be amended from time to time. (Parks and Recreation, Planning, Engineering) 69. Prepare agreement(s) to phase the parks as follows: a. Complete construction of the portions of Proctor Valley Road and Duncan Ranch Road necessary to access the parking lot driveway of the community park shall be constructed. These streets shall be constructed prior to the completion of the initial 12.0 acre phase of the community park. The streets shall be to the satisfaction of the City Engineer and the Director of Parks and Recreation. b. The initial 12 net usable acres of the Community Park shall be dedicated in fee and improvements commenced prior to or concurrent with the recordation of the Final Map for the 592nd lot in Phase I. Complete construction of all the facilities required for the first 12 acres of the community park within one year following the recordation of the Final Map for the 592nd lot. -., c. The remainder of the Community Park (8.23 net usable acres, 10 gross acres) shall be dedicated in fee and improvements commenced prior to, or concurrent with the recordation of the Final Map for the 1447th lot. Complete construction of all the facilities required for the remaining 10 acres of the community park within one year following the recordation of the Final Map for the 1447th lot. d. The Neighborhood Park (5.71 net usable acres, 7.1 gross acres), shall be dedicated in fee and improvements commenced pr~or to the recordation of the Final Map of the 2200th lot. Complete construction of all the facilities required for the neighborhood park within one year following the recordation of the Final Map for the 2200th lot. e. At no time is the project to be deficient in park acreage. If the standard of 3 acres per 1000 residents is exceeded at any time, then the next phase of the community park or the neighborhood park shall begin immediately. 70. Dedicate all required parkland (22 gross acres, Community Park, 7 gross acres, Neighborhood Park) and park improvements in accordance with the Master Plan and construction documents prepared pursuant to Condition 73 as "turn-key" projects. The Director of Parks and Recreation shall have the right of final approval in the selection process of the general contractor for both of the park -., ;2d sites. (Parks and Recreation) . 71. Prepare, submit and obtain approval from the City Engineer, and Directors of Planning and Parks and Recreation for the design of the equestrian crossing of Proctor Valley Road at Hunte Parkway where indicated on the Tentative Map. The crossing shall include staging areas, the design shall be approved prior to any Final Map for Phase 2. (Parks and Recreation, Engineering, Planning) 72. Locate underground, surface or overhead easements off-site of either park site, except for the necessary and required easements for the on-site park and recreation facilities. (Parks and Recreation, Engineering) 73. Enter into a Chula Vista standard three party agreement with the City of Chula Vista and a design consultant, for the design of all aspects of the neighborhood and community parks in accordance with the Master Plan whereby the Parks and Recreation Director selects the design consultant. The agreement shall include, but not be limited to, the design development phase, the construction document phase and the construction supervision phase for the park sites. The construction documents shall reflect the then current requirements of the City's Code/Manual requirements. (Parks and Recreation) . 74. Prepare the Final Map in accordance with Exhibits Band C, to indicate: a. The modification in size and configuration to the community park as set forth in the Master Plan. b. Dedication in fee of the community and neighborhood parks in corrected configuration. c. Grading of the sites in accordance with the revised grading schemes as indicated on Exhibits Band C. (Parks and Recreation) Street Trees/Open Space 75. Grant all open Final Map and a (Engineering) space lots to the City in fee on the applicable deed executed and recorded for each lot. 76. Submit a schedule outlining the proposed turnover of maintenance for open space areas to the City, subject to approval of the Directors of Planning Parks and Recreation. (Planning, Parks & Recreation) . 77. Submit a list of open space items to be maintained and a rough estimate of maintenance costs to allow City staff to determine a preliminary cost and spread for the open space district. 2/ (Engineering, Parks & Recreation) 78. Request that the City form an Open Space District to maintain public Open Space lots and submit to the City the associated diagram, cost estimate, description of work and a deposit of $8,000 for processing the formation of the district. (Engineering, Parks & Recreation) --, 79. Gain approval of access to all of the open space areas for maintenance purposes by the Directors of Parks and Recreation and Planning, Fire Marshal and City Engineer during the Open Space Master Plan stage as indicated in Condition 68. (Parks & Recreation, Planning, Fire, Engineering) 80. Provide a 10 ft. wide access path for maintenance vehicles in the greenbelt open space area (lots D-8 through G-8) bisecting Neighborhoods 1 & 2. Final landscape materials and design for this area shall be consistent with open space criteria, subject to approval of the Director of Parks and Recreation prior to approval of the final subdivision map for Subarea 1. (Parks & Recreation) 81. Prepare, submit to and obtain approval of the Directors of Parks and Recreation and Planning and the Fire Marshal, prior to approval of final grading and landscape plans for Phase 3, of final details of habitat enhancement, protective measures for sensitive habitat/species and temporary irrigation in open space areas within Phase 3. (Parks & Recreation, Planning, Fire) --, 82. Indicate on all affected grading plans that all are to be maintained by open space districts shall be entirely within open space lots dedicated to the City. Engineering) walls which constructed (Planning, 83. Dedicate Lots A through HH to the City for open space purposes. As biological habitat, lots Z and CC through GG shall generally be restricted from any use except that access roads to serve the SDG&E transmission towers and the drainage retention ponds shall be permitted. In addition, in accordance with Condition 22, a road providing access to northerly adjacent properties may be permitted subject to the approval of the Director of Planning and the City Engineer. (Planning, Engineering) 84. Establish Homeowners Associations for Neighborhoods 5 (Lot 93), 8, 12 and 13 to provide for the maintenance of private open space and streets prior to the approval of Final Maps for said neighborhoods, subj ect to the approval of the Director of Planning. (Planning) 85. Submit a comprehensive landscape plan for review and approval of the City Landscape Architect and Director of Parks and Recreation prior to approval of the first Final Map. Submit .~ 02:2- . comprehensive, detailed landscape and irrigation plans, erosion control plans and detailed water management guidelines for all landscape irrigation in accordance with the Chula Vista Landscape Manual for the associated landscaping in each Final Map. These detailed landscape and irrigation plans shall be for the review and approval of the City Landscape Architect and Director of Parks and Recreation prior to the approval of each Final Map. The landscaping format within the project shall be in substantial conformance with Section 3.2 (Landscape Concept) of the Salt Creek Ranch SPA. (Planning, Parks & Recreation) 86. Maintain a width on all open space lots adjacent to public rights-of-way so as to provide 10 feet of landscaping treatment behind the back of sidewalk. (Planning) 87. Include in the CC&R' s that the maintenance of all private facilities and improvements within open space areas are managed by home owners associations. Submit to and gain approval of said CC&Rs by the Director of Planning prior to approval of the associated Final Map. (Planning) Fire and Brush Manaoement . 88. Provide the initial cycle of fire management/brush clearance within lots adjacent to natural open space areas in Subarea 3 subject to approval of the Fire Marshal and the Director of Parks and Recreation. (Fire, Parks & Recreation) 89. Install fire hydrants every 500 ft. for single family residential and every 300 ft. for multi-family dwellings. Install and make operable the hydrants prior to delivery of combustible building materials. (Fire) 90. Locate fuel modification areas in Subarea 3 entirely within affected lots. Indicate lot line extensions required to accommodate said areas on the Final Map(s) of Subarea 3, subject to the approval of the City Engineer, Fire Marshal, and Director of Planning. (Engineering, Fire, Planning) 91. Dedicate to the City open space easements (OSE) over all downhill side or rear slopes adjacent to Open Space lots Z, AA and CC through GG in Subarea 3. These OSE I s shall preclude the construction of any structures within said easements and shall limit activities within the easements to landscape maintenance of fuel modification plant materials. The wording of the OSE's shall be subject to the approval of the Director of Planning and the City Attorney. (Planning, C.A.) . 92. Prepare and execute fuel modification plans consistent with Section 3.6 of the Salt Creek Ranch SPA subject to the approval of the Directors of Planning and Parks and Recreation and the Fire Marshal prior to approval of any Final Map in Subarea 3. ;23 (Planning, Fire, Parks & Recreation) 93. Offer lot FS-1 (fire station site) for dedication in fee to the City prior to or concurrent with the recordation of the first Final Map in Phase 2. (Fire, Engineering) --. 94. Provide fire prevention facilities and equipment, including the construction of a fire station, if required, in accordance with the Salt Creek Ranch Public Facilities Financing Plan. Provide or secure said facilities and equipment in accordance with a schedule as approved by the Fire Chief. (Fire) Miscellaneous 95. Include in the Declaration of Covenants, Conditions and Restrictions provisions assuring maintenance of private facilities including the private streets, sewer, and drainage systems. Name the City of Chula Vista as party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. (Engineering, Planning) 96. Tie the boundary of the subdivision to the California System _ Zone VI (1983). (Engineering) 97. Submit copies of Final Maps in a digital format such as (DXF) graphic file prior to approval of each Final Map for any unit. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in duplicate on 5 1/2 HD floppy disk prior to the approval of each Final Map. (Engineering) ........., 98. Agree to participate in a regional or subregional multispecies coastal sage scrub conservation plan prior to the approval of the first Final Map. (Planning) 99. Suspend development of Neighborhood lOb and reconfigure the northeastern Subarea 3 neighborhood to provide a wider open space area for a regional wildlife corridor if, at the time development is proposed for Neighborhoods lOa, lOb, and 11, an off-site regional wildlife corridor linking San Miguel Mountain with the Upper Otay Reservoir has not been approved as part of a habitat conservation plan. Make the width of the open space area sufficient to ensure long-term viability of the wildlife corridor, as indicated in the SPA Plan (PCM 91-4) subject to the approval of the Director of Planning. (Planning) 100. Submit and gain approval by the Design Review Committee Precise Plans for the multiple family area within Neighborhoods 4a (reference lot 1) and 5 (reference lot 93) at gross densities of 18 dwelling units per acre and 6 dwelling units per acre respectively. (Planning) --. 27L' . 101. Provide sales disclosure documents which identify the allowable uses in the Eastlake Business Center, subject to review by the Director of Planning prior to the approval of Final Maps in Neighborhoods 5 and 6. (Planning) 102. Mitigate noise impacts on the residences along Proctor Valley Road by the placement of solid walls or wall/berm combinations on the building pads at the top of the slopes adjacent to the roadway. The walls shall be solid masonry construction with a material weight of at least 3.5 pounds per square foot which would not allow any air spaces along their entire length. The end of each noise wall shall wrap around the building pad enough to block the line of sight from all points in the exterior living space to any portion of the impacting roadway. Indicate on the grading plans for Neighborhoods 1, 3, 7B and 8 said walls in compliance with the Salt Creek Ranch SPA SEIR, subject to the approval of the City Engineer and the Director of Planning. (Planning, Engineering) 103. Retain a qualified biologist/environmental specialist to oversee the construction of Proctor Valley Road, Hunte Parkway and the reservoir and associated waterline and to monitor the implementation of the mitigation measures related to Biological Resources as required by City Council Resolution 16555-Mitigation Monitoring Program. (Planning) . 104. Retain a qualified archaeologist to monitor the implementation of the mitigation measures relative to Cultural Resources required by the City Council Resolution 16555-Mitigation Monitoring Program. (Planning) 105. Provide the proposed list of fertilizers, pesticides, herbicides and fungicides, and the landscaping plans to the City of San Diego Water Utilities Department for approval prior to approval of any Final Map in Neighborhoods 9-13. (Planning) 106. Submit for approval by the Director of Planning and the City Engineer copies of proposed CC&Rs for the subdivision prior to approval of each Final Map. (Planning, Engineering) 107. Design and improve lot A-3 in Neighborhood 3 (private park) subject to the approval of the Director of Planning. Design the park prior to the approval of any Final Map in Neighborhood 3 and improve the park concurrently with the immediate surrounding area, as determined by the Director of Planning. (Planning) . 108. Design and improve lots D-8 through G-8 in Neighborhood 8 (private recreation area) subject to the approval of the Director of Planning. Design these areas prior to the approval of any Final Map in Neighborhood 8 and improve the areas concurrent with the immediate surrounding area as required by the Director. (Planning) 109. Show evidence satisfactory to the Director of Planning that ;:<s- the CC&R's for Neighborhood 12 incl~de a statement that Streets MMMM and NNNN may be required to pC:-':Jvide access to roads which provide access to properties to the n0c:-th, prior to the approval of any Final Map for Neighborhood 12. (Planning, Engineering) -., 110. Reserve lots S-l and S-2 (school sites) for school purposes to be offered for dedication in fee to the Chula Vista City Elementary School District in accordance with a schedule as indicated in a Mello-Roos Community Facilities Distc:-ict, as approved by the School District, which shall be establishea to the satisfaction of the District. (Planning) Ill. Establish and participate in a school facility financing plan as well as providing classroom space as required by the Sweetwater Union High School District. Provide a letter from the District verifying compliance with this condition. (Planning) 112. Reflect on the Final Map for Neighborhood 7B the provision of a minimum setback of 100 feet between lots 103 and 104 and the northerly right-of-way line of Proctor Valley Road. Accomplish this setback by deleting said lots and shortening Street FFFF accordingly or by rearranging lots along said street to provide the required setback, subject to the approval of the Director of Planning. (Planning) 113. Enter into subject to the Developmen t) an Affordable Housing Agreement with the City approval of the City Council. (Community -., 114. Submit to the Director of Planning and gain approval by the City Council of all street names for this project. (Planning) 115. Note 10 on Sheet 3 of 8 regarding quitclaiming of a right-of- way dedication is denied until such ~ime as the City Engineer and the Director of Planning determine that said right-of-way is not required to provide access to the subj ect property or adj acent property. (Engineering, Planning) 116. Prepare an amendment to the Salt Creek Ranch Mitigation Monitoring Program to require subsequent environmental review to be conducted on the urban runoff detention basins in Phase 3 when the final configuration of said basins are determined. Should this environmental review result in the requirement for measures to mitigate any perceived environmental impacts, such measures shall be incorporated into the revised MiLigation Monitoring Program, subject to the approval of the Direc~or of Planning. (Planning) 117. Reflect on the Final Map for Neighborhood 9 the deletion of one lot from the north side of Street AAAA and consolidation of the remaining lots to create larger lots subject to the approval of the Director of Planning. (Planning) """'" :2.~ . 118. Reflect on the Final 'cap for Neighborhood 9 the deletion of two lo~s from the east sise of Street CCCC (Neighborhood 9) and consolidation of the remai~ing lots to create larger lots, subject to the approval of the Director of Planning. (Planning) 119. Reflect on the Final Map for Neighborhood 13 the deletion of one lot from the west side or Street RRRR south of Lot 33 to expand open space lots B-13 and C-13, subject to the approval of the Director of Planning. (Planning) 120. Payoff all existing deficit accounts associated with the processing of this application to the satisfaction of the Director of Planning. a. Provide permanent City bench marks tied to the City system at the following locations: 1. East "H" Street/Mt. Miguel Road 2. Lane Avenue/Otay Lakes Road 3. Hunte Parkway/Otay Lakes Road 4. Mt. Miguel Road/Mackenzie Creek Road 5. East "H" Street/Both Subdivision Boundaries 6. East "H" Street/Lane Avenue 7. East "H" Street/Hunte Parkway 8. Otay Lakes Road/Rutgers . Said bench marks shall be tied to the existing City bench mark system at points 465, 1350, and 1655. Completion shall occur prior to acceptance of the associated street improvements. The monument at ion bond for the corresponding final map which contains the intersection shall include the cost of this work. Offsite bench marks shall be set prior to approval of the first final map. b. Provide the City with a copy of the disclosure to homeowners of costs associated with Mello-Roos, Assessment, and Open Space Districts as required by Ordinance 2275 prior to approval of each final map. (Planning) Code Reauirements 121. 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 an Subdivision Manual. (Engineering, P la:ming) 122. Underground all utilities within the subdivision in accordance with Municipal Code requirements. (Engineering) . 123. Provide some lots with residential fire sprinkler systems due to access requirements as determined by the Fire Marshal. In multi-family dwellings, if a sprinkler system is required for one building, all buildings in the proj ect shall be sprinklered. :27 (Fire) 124. Make all proposed development c~,sistent with the Salt Creek Ranch SPA Planned Community Districc ~egulations, subject to the approval of the Director of Planning. (Planning) -., 125. Comply with Title 24 and any other energy conservation ordinances and policies in effect at che time construction occurs on the property in conformance with this Tentative Map. (Building and Housing, Planning) 126. Comply with all relevant Federa~. State and Local regulations, including the Clean Water Act. The dS'Jeloper shall be responsible for providing all required testing ane documentation to demonstrate said compliance as required by the Ccty Engineer. (Engineering) 127. Comply with the Community Purpose Facility Ordinance. The developer shall provide areas proposed to show compliance with said ordinance and obtain approval of said areas from the Director of Planning. (Planning) 128. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees prior to the issuance of any bu~lding permit. -., b. Signal Participation Fees c. School fees d. All applicable sewer fees, including but not limited to sewer connection fees Pay the amount of said fees in effecc at the time of issuance of building permits. (Engineering) failing any of which conditions, or failing the continued maintenance of same as the condition may require, this conditional approval and any entitlement accruing hereunder, shall, following a public hearing by the City Council at which the Applicant or his successor in interest is given notice and the opportunity to appear and be heard with regard thereto, be terminated or modified by the City Council. SECTION 8. CEQA Findings (1) Re-adoption of Findings. The Council does hereby re-approve, accept as its own, and re- incorporate as if set forth full hecein, and make each and every one of the CEQA Findings attached hee'eto as Exhibit D. -., ;;;s (2) Certain Mitigation ]I" 'Clres Feasible and Re-dopted. . As more fully identified ~::, set forth in the Program EIR and the SEIR, and in the CEQA Fi~~~~gs for this Project, which is hereby attached hereto as Exhitc:: D, the Council hereby finds that pursuant to Public Resource~ Code Section 21081 and CEQA Guidelines Section 15091, that the mi:::3ation measures described in the above referenced document are feocsible and will become binding upon the appropriate entity such ss the Applicant, the City, or other special districts which has ::0 implement these specific mitigation measures. (3) Feasibility of AlterGc::ives. As is also noted in the en\':ronmental documents referenced in the immediately preceding parag~aph, alternatives to the Project which were identified as potenti&~ly feasible are hereby found not to be feasible. (4) Adoption of Mitigatio~ Monitoring Program. . As required by the Public ?esources Code Section 21081.6, City Council hereby re-adopts ::~e Mitigation Monitoring and Reporting Program ("Program") set fc c~_h as Exhibit E to this resolution and incorporated herein by re:~~ence as set forth in full. The City Council recommends that ::-,e Council find that the Program is designed to ensure that ,"'-,ring the project implementation and operation, the Applicants s~d other responsible parties implement the project components ar:," comply with the feasible mitigation measures identified in the ?indings and in the Program. (5) Statement of Overriding Considerations. Even after the re-adoptio~ of all feasible mitigation measures, certain significant or ;:tentially significant environmental affects caused by the ;_~ject or cumulatively will remain. Therefore, the City Counci~ ~f the City of Chula Vista re-issues, pursuant to CEQA Guideli~_es Section 15093, as set forth and attached hereto, a Sta::ement of Overriding considerations identifying the specific economic, social, and other considerations that render the unavoiQs~~e significant adverse environmental effects still significant c:'_:t acceptable. SECTION 9. Notice of De::ermination. City Council directs the a Notice of Determination ~_'. ironmental Review Coordinator to post :'i file the same with the County Clerk. Presented by Approved as to form by . Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney ?--9 PASSED, APPROVED and ADOPTED by th~ Chula Vista, California, this 6th following vote: -ity Council of the City of -, of October, 1992, by the --... YES: Councilmembers: Horte:-_ ,"oore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: Malcel' ABSTAIN: Councilmembers: None ~-- Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, Beverly A. Authelet, City Clerk == the City of Chula Vista, California, do hereby certify that 2je foregoing Resolution No. 16834 was duly passed, approved, anc 2dopted by the City Council held on the 6th day of October, 1992. Executed this 6th day of October, 1'j'~. - S',verly A. Authelet, City Clerk -... 30 Minutes October 6, 1992 Page 6 . PCS-92-02: TENTATIVE MAP FOR SALT CREEK RANCH, CHULA VISTA TRACT 92-02, THE BALDWIN COMPANY - The tentative subdivision map known as Salt Creek Ranch, Tract 92-02, to subdivide 1197.4 acres into residential lots accommodating approximately 2, I 00 single family dwelling units and 509 multiple family dwelling units, two elementary school sites, two park sites, a fIre station site and approximately 432 acres of open space. Staff recommends approval of the resolution. (Director of Planning) (10/06/92) RESOLUTION 16834 RECERTIFYING FINAL SUPPLEMENTAL ENVIRONMENTAL IMP ACT REPORT (FSErn) 91-03 (SCH #89092721), APPROVING THE TENTATIVE SUBDIVISION MAP FOR SALT CREEK RANCH, CHULA VISTA TRACT 92-02 AND MAKING THE NECESSARY FINDINGS,AND READOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING PROGRAM FOR THE FSErn Paul Manganelli, Project Manager, presented a slide presentation regarding the site and project. The Planning Commission recommended approval of the project subject to the conditions in the resolution. Staff had two proposed changes in the conditions included in the resolution. Staff would recommend: I) Condition #71 be amended to delete the Greenbeh and add equestrian crossing and delete the minimum dimension and add "include staging areas"; 2) add Condition 120A which would provide permanent City bench marks tied to the City system .....; and 3) add Condition 120B which would require that the applicant provide the City with a copy of the disclosure to homeowners of costs associated with Mello-RoDS, Assessments, and Open Space Districts prior to approval of each fmal map. Robert Leiter, Director of Planning, addressed conditions in the tentative map pertaining to traffic capacities regarding the project and other approved projects east ofI-805. . Mr. Manganelli stated that Council was being asked to recertify the supplemental EIR and there was an item in the EIR that stated that the level of service C was the recommended level of service in Chula Vista and it was not accurate. The level of Service C was the adopted threshold standard for the City. Mr. Leiter stated that the basic concern was that in looking at the projects that had already received tentative map approval east of 1-805 and consideriog the Salt Creek Ranch Tentative map along with other projects being reviewed by the City, there was a potential that the overall capacity of the roadway system prior to the construction ofSRI25 could be exceeded. In response to that potential concern the Council had previously authorized a study to design a fInancing program for an interim SRI25 facility and to address the phasing of development prior to construction of the facility. In order forthat condition to be applied staff recommended that a condition be placed on all projects that would be affected by the study, which would say that the results of that study would be taken in account in setting the actual phasing of the development of the project. Staff expected the HNTB study to be completed with the next three to four months. Councilman Moore felt most of the information was available and the study should be able to be completed with undue delays. People were being kept in limbo waiting for the completion of the study. It was one thing to delay a project for good logical reasons but he could not see why a study of that type was being dmg out so long. He requested a copy of the work done, a copy of the contract, tasks, and charges per hour. George Krempl, Deputy City Manager, responded that staff would give Council a full report on what had been done to date. The project was still within the original scope of services and the completion of the project would be expedited. A good part of the delay was the alignment chosen and the associated costs which were greater than the debt that could be spread amongst the properties affected and the areas benefIting. Staff was now working on alternatives which they felt would be a win/win situation. The thrust was to put the City in a position where they could control their own . destiny, i.e. fund, fInance, and construct an interim roadway if for some reason the toll road and/or freeway could not be constructed to meet the City's needs. 35 ATTACHMENT 4 Minutes October 6, 1992 Page 7 -., Mayor Nader referred to the report which stated that significant grading was required in the tentative map versus the SPA plan because ofa requirement to reduce the height of manufactured slopes and questioned why that was being done. Mr. ManganelIi responded that mass grading would not be done where there were open spaces. In lowering the manufactured slopes it would give a better visual impact. Ken Lee, Assistant Planning Director, stated it was the difference between the PAD elevations between two different areas where there was a manufactured slope that could result in a different PAD elevation. The construction of the homes in that area would do a lot to screen off the slope areas along with landscaping so there wouldn't be such a disparity between the slopes and PAD areas. Councilman Moore stated the developer would be constructing the streets in phases and questioned whether the City was bonded so the major arteries would be built, i.e. Proctor Valley, Hunt Parkway, etc. Mr. Lee responded it was not unusual to have a phased development in such a large project. The bonding would be with the recordation with the various fmal maps. All public improvements would be bonded with the final maps. This being the time and place as advertised, the public hearing was declared open. Claudia Troisi, 11975 EI Camino Real, San Diego, representing FN Projects, spoke on behalf of the staff recommendation and gave a slide presentation of the proposed project. Mayor Nader questioned why the amount of grading was being increased to reduce manufactured slopes. -., Ms. Troisi Slated there were two answers: I) the total amount of grading that was increased was actually because of the detention basins being built to detain the water from the canyon; and 2) regarding the manufactured slopes, the intent was that people would not feel that they were overshadowed by slopes that could have been 45-50 feet high. In order to do that, the entire sight had to be brought down which resulted in more grading. Mayor Nader questioned whether the developer had any problem with the deletion of the pedestrian crossing. Ms. Troisi Slated that condition that was presented to her at the meeting was acceptable. Mr. Leiter Slated it would be the amended condition on the 10/6/92 memo. Michael McDade, 945 4th Avenue, San Diego, CA, representing Mr. & Mrs. Waddie Deddeh, spoke against the staff recommendation. He had previously expressed concern that the northern properties were in danger of being landlocked. They had worked with staff and Baldwin to consider various options and had not been able to reach a definitive solution to the problem. Since they did not have certainty that access would be permitted they had persisted on a prescriptive rights suit against the Baldwin Company that would be going to trial in January. If they were successful in their pursuit neighborhood twelve would be substantially dislocated. Their request was to have Council delay approval of the tentative map until that matter was resolved in January. If Council did not delay action they encouraged Council to approve Condition 11 0 of the tentative map. They would like to see conditions attached so that no one would be confused or would feel that they were mislead that access would not occur. Mayor Nader stated that Condition 110 did require notification to future property owners and asked if the condition was acceptable. -., Mr. McDade stated that if it had been revised since it was Condition 110 he had not seen it. 3(P Minutes October 6, 1992 Page 8 - Mr. Leiter stated that the condition had not been revised but had been renumbered. Mr. Lee stated there were two conditions: I) Condition 110 became Condition 22 which related to access; and 2) Condition 119 became Condition 109 was unchanged and included notification. Mr. McDade stated he was unaware of the additional language and felt it was more helpful. There being no further public testimony, the public hearing was declared closed. Mr. Leiter stated the overall grading concept was intended to focus in on preserving the existing natural slopes where ever possible. The only area being changed, in terms of natural areas, would be the detention basins in neighborhood three. The overall grading plan had not substantially changed from the SPA Plan to the Tentative Map. The intent was to maximize the visual quality of the area without disturbing new natural areas. Mayor Nader stated that he planned on voting for the resolution but did not feel that condition was necessary. RESOLUTION 16834 OFFERED BY COUNCILWOMAN HORTON, reading ofthe text was waived. Mr. Lee asked if the motion included the modified conditions presented to Council. Councilwoman Horton responded that the motion did include the modified conditions. VOTE ON MOTION: approved 4-0-1 with Malcolm absent. . . 37 COUNCIL AGENDA STATEMENT Item Meeting Date 10/13/98 /~ SUBMITTED BY: Resolution / '1 :L/<;r' Approving Change Order No.1 for the "Main Street hnprovement Project Between Industrial Boulevard and Broadway" (ST-961) and Authorizing the Director of Public Works to Execute Said Change Order on Behalf of the C)Y Director of Public woryf1! C;'Y M>m'''lF. t;r~ (415"" V"", y~ - NoXJ ITEM TITLE: REVIEWED BY: On June 9, 1998, the City Council approved Resolution No. 19030 awarding a contract in the amount of $2,800,178.40 (plus contingencies of $574,821.60) to Wier Construction Corporation, for the "Main Street Improvement Project between Industrial Boulevard and Broadway" (CIP Project No ST-961). Change Order No.1, which totals $22,162.50, consists of extra work items for the construction of a new sewer main parallel to the existing sewer main within Jacqua Street in order to accommodate the construction of a storm drain system on the west side of Jacqua Street, from Main Street to the Otay River. The work includes the installation of 440 lineal feet of 8" PVC sewer main, one manhole, three cleanouts, seven lineal feet of sewer encasement, and connecting six sewer laterals from the west side of Jacqua Street to the new parallel sewer main. RECOMMENDATION: That Council approve the Resolution Approving Change Order No. 1 for CIP Project No. ST-961, "Main Street Improvement Project between Industrial Boulevard and Broadway", increasing the contract by $22,162.50, and authorizing the Director of Public Works to execute said Change Order on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Change Order No. 1 consists of several work items needed to accommodate field conditions within Jacqua Street associated with the construction of a storm drainage system from Main Street to the Otay River. Said change is necessary because the existing sewer laterals on the west side of J acqua Street could not be realigned, as anticipated by the design, to avoid the storm drain. It should be noted that the project is within the Montgomery annexation area and the design in this area relied upon information from County of San Diego records which proved to be inaccurate and inadequate. )rf,-/ Page 2, Item Meeting Date 10/13/98 The change order totals $22,162.50 and includes the installation of 440 lineal feet of 8" PVC sewer main, one manhole, three cleanouts, seven lineal feet of sewer encasement, and connecting six sewer laterals from the west side of Jacqua Street to the new parallel sewer main. Also, the contract time will be increased by 4 working days due to the additional time required to install the parallel sewer main within Jacqua Street. FISCAL IMPACTS: Proposed Change Order No.1 totals $22,162.50, increasing the construction contract cost with Wier Construction to $2,822,340.90. The remaining balance of the project's contingency fund will be $552,569.10 after the deduction of this change order. Attachment A: Change Order No. 1 File No. ST-961 H:\HOME\ENGINEER\AGENDA \ST961Cl.MJI September 28, 1998 (12:12pm) /~-2 ./'i RESOLUTION NO. / '1.2/ r RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO. 1 FOR THE "MAIN STREET IMPROVEMENT PROJECT BETWEEN INDUSTRIAL BOULEVARD AND BROADWAY" (ST-961) AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY WHEREAS, on June 9, 1998, the City Council approved Resolution No. 19030 awarding a contract in the amount of $2,800,178.40 (plus contingencies of $574,821.60) to Wier Construction Corporation, for the "Main Street Improvement Project between Industrial Boulevard and Broadway" (CIP Project No ST-961) ; and WHEREAS, Change Order No.1, which totals $22,162.50, consists of extra work items for the construction of a new sewer main parallel to the existing sewer main within Jacqua Street in order to accommodate the construction of a storm drain system on the west side of Jacqua Street, from Main Street to the Otay River; and WHEREAS, the work includes the installation of 440 lineal feet of 8" PVC sewer main, one manhole, three cleanouts, seven lineal feet of sewer encasement, and connecting six sewer laterals from the west side of Jacqua Street to the new parallel sewer main. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby approve Change Order No. 1 for the "Main Street Improvement project between Industrial Boulevard and Broadway" (ST-961). BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized and directed to execute Change Order No.1 on behalf of the City of Chula vista. Presented by Approved as to form by John P. Lippitt, Director of Public Works H:\home\lorraine\rs\st961 Jt -;J CHANGE IN CONTRAC. CHANGE ORDER NO. 1 DATE: August 16, 1998 FILE: 0735-10-ST961 CONTRACT: MAIN STREET IMPROVEMENTS FROM INDUSTRIAL TO BROADWAY IN THE CITY OF CHULA VISTA CONTRACTOR: WIER CONSTRUCTION The following changes shall be made to the above referenced contract between the CITY OF CHULA VISTA and WIER CONSTRUCTION:' 1. Wier Construction shall install 440 I.f. of 8", SDR35, PVC sewer main on Jaqua Street with six lateral connections to existing services, three main line clean-outs, one manhole and 7 I.f, of sewer encasement. All work shall done per the plan drawing provided by the CITY and may be done in a joint trench with the new storm drain. Increase contract time 4 working days. L.S. $22,162.50 The agreed lump sum price includes all costs for furnishing all tools, labor, materials, equipment, incidental costs and fees for perfonning the work in this contract change and no additional compensation will be due. ORIGINAL CONTRACT PRICE: PREVIOUS CHANGE ORDERS: THIS CHANGE ORDER: REVISED TOTAL CONTRACT PRICE: $2,800,178.40 $ -0- $ 22.162.50 $2,822340.90 It is agreed by the undersigned that this work shall be performed and materials furnished in accordance with the original contract, Green Book specifications and applicable standard drawings. John p, Lippitt Director of Public Works Y ORDERED BY APPROVED BY -. R CONSTRUCTION I,J-::' _ ~ ~~- ifford L. Swanson 'uty Director of Public Works/City En9ineer (H:\..\lnspection\Chg_Odr\CCO.OOl: ~UI) ~ )t - t( ~- COUNCIL AGENDA STATEMENT Item~ ? Meeting Date 10/13/98 ITEM TITLE: Resolution 1'1:2./7' Approving an agreement with Project Design Consultants for the update of the Transportation Development Impact Fee program, authorizing the Mayor to execute said agreement and appropriating funds for the update of the Transportation Development Impact Fee program from the unappropriated balance ofth TDIF fund SUBMITTED BY: Director of Public Work REVIEWED BY: City Manag~ ~ ___ (4/5ths Vote: YesXNo_) The Transportation Development Impact Fee (TDIF) is a cost sharing program used to equitably distribute the cost of new roads serving the new development east of 1-805. The program needs to be updated to reflect the changing development picture and include new areas annexed to the City. Due to the complexity and magnitude of this task and the extensive professional resources needed to achieve this work, staff recommends the retention of an outside consultant. By following the City's selection procedure, staff has requested proposals, created a selection committee and determined that Project Design Consultants is the most qualified firm for updating the TDIF program. RECOMMENDATION: That Council adopt the resolution approving the agreement with Project Design Consultants, (pDC) for the update of the Transportation Development Impact Fee, authorizing the Mayor to execute said agreement and Appropriate $21,000 for the update of the TDIF program from the unappropriated balance ofthe TDIF fund. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Transportation Development Impact Fee Program was last updated in January 1994 by Ordinance 2580. The Transportation Development Impact Fee is currently $3,998 per Equivalent Dwelling Unit (IEDU=l single family detached dwelling). There are a number of new major roads and developments that need to be included in the program. It is anticipated that the TDIF boundary will expand to include the portion of the Otay Valley Parcel of the Otay Ranch (9,449 Acres) recently annexed to the City that is not already included in the boundary. At buildout, this parcel will contain approximately 14,352 EDUs that will be using the existing and proposed circulation system in the eastern territories. Scone of work The consultant essentially has two major tasks: a. Review the development forecast for the Eastern Territories and determine the number ofEDU's that remain undeveloped (i.e. parcels that will be paying the updated TDIF). This will cover the entire "Eastern Territories" including those areas within the current IDIF program and new areas within the proposed program (See Exhibit 1). /7-/ Page 2, Item_ Meeting Date 10/13/98 b. Generate cost estimates for various transportation facilities (i.e., streets, intersections, bridges) necessary to sustain the proposed developments. These facilities are identified in the adopted circulation element of the General Plan, General Development Plans, traffic studies and other planning documents. The TDIF will include only regional transportation facilities (i.e. four lane major roads or higher classification) providing benefit to the entire "Eastern Territories". The amount of the TDIF will then be determined by dividing the total cost of all facilities by the projected number ofEDU's remaining. The consultant will present the findings in a Engineer's Report to be brought to Council for approval and adoption of a new TDIF Ordinance. Staff anticipates bringing the TDIF update to Council in January 1999. Many building permits may be issued in the coming months and staff considers it imperative that those new permits pay a fee reflecting their fair share of constructing the regional traffic facilities. Due to the complexity and magnitude of the project, staff considers it necessary to retain a qualified consultant with the necessary expertise and enough resources to meet the proposed accelerated schedule. The Selection Process According to Section 2.56.220 of the Municipal Code, all engineering professional services are exempt from the competitive bidding requirements. However, a professional cost proposal is an important measure of the consultants' budget and cost control capabilities. Therefore, the consultants' ranking criteria used by the selection committee awarded a high weight factor for the cost proposal. To avoid making the selection merely on competitive bidding, the cost proposal was highly rated but it was not the only ranking factor. Key factors for the final ranking were the consultants' previous work history with other public agencies, project cost control, ability to meet a tight project schedule and subconsultant expertise in working on previous projects of this scope and size. The selection committee as appointed by the City Manager in accordance with Municipal Code Section 2.56 consisted ofthe following three members: Alex AI-Agha, Senior Civil Engineer Lombardo Detrinidad, Civil Engineer Ralph Leyva, Senior Civil Engineer The request for proposals was advertised in the Chula Vista Star News and mailed to all known San Diego firms that provide this type of service(16 firms). Four consultants (see Table 1) responded to the RFP and all four were interviewed by the selection committee. The committee ranked the respondents based on the following criteria: J?-02 Page 3, Item_ Meeting Date 10/13/98 a. Past record of performance and experience (Reference Evaluation). b. Evaluation of personnel qualifications, including subconsultants if so indicated. c. Capacity and resources to perform the work on time. d. Proximity of office to the City of Chula Vista. e. Cost proposal. Table I gives the ranking of each firm as well as the proposed cost. Table 1. Firms responding to the RFP Name Score (Max =450) Cost Rank Project Design 374 70,045' I Consultants WiIldan 352 29,980 2 Kimley Horn 346 80,000 3 , Dick Jacobs & 326 59,500 4 Associates The selection committee ranked PDC the highest based on the experience of the assigned project team, the Company's capacity to perform the work on an accelerated schedule and their understanding of the project's needs. One of the PDC team members was instrumental in setting up the Interim Pre-SRI 25 Development Impact Fee and preparing the TDIF 1994 update. This type of experience and background will be required due to the proposed tight schedule and the complicated nature of the fee. The lowest bidder (WiIldan) was not selected due to what appeared to be an insufficient understanding of the scope of work. During the interview, the selection committee determined that their technical proposal was limited in scope and that additional activities were required to meet the goals of the City. This limited scope is also reflected in their cost proposal where they allocated insufficient amount of time for the critical task of preparing sound cost estimates for the proposed improvements. The second lowest bidder (Dick Jacobs and Associates) was not ranked as high due to their limited resources. The project is large (the estimated construction cost of transportation facilities is over $200 million) and will require speed as well as accuracy to meet the goals of the City. This requires the 1 The amount was negotiated down to $60,310. /7-3 Page 4, Item_ Meeting Date 10/13/98 coordinated effort of many resources. The committee felt that a small firm may experience difficulties in putting together all the required resources and completing the project within the desired time frame. Proiect Cost After the selection committee determined that POC was the most qualified firm for the project, staff became concerned about the proposed cost of $70,045 and met with POC to discuss in detail their proposal. Staff was successful in negotiating the cost down to $60,310 without changing the original scope of work. The negotiated fee is $10,310 more than the current budget of $50,000. In addition, the agreement includes provisions authorizing the City Engineer to order "additional services" for an amount "not to exceed $10,690" on a "time and material" basis. Up to 15 meetings (with staff and developers) are already included in the basic fee. Nevertheless, due to the complicated nature and financial implications of the project, staff anticipates that additional meetings and/or activities may be required. An additional $21,000 ($10,310 for the basic fee + $10,690 for additional services) will need to be appropriated from the TDIF fund. The TDIF currently collects 5% of the fee for administrating the TDIF program. Assuming 1,000 building permits a year at the current rate of$3,998 per permit, the 5% translates into nearly $200,000 per year in administration. In addition to providing for periodical updates to the TDIF program, this amount pays for other activities such as: growth management program activities, traffic monitoring program, and other TOIF related traffic planning activities. FISCAL IMPACT: The cost for updating the TDIF is estimated at $60,310. An additional $10,690 needs to be set aside if additional work is required. Currently there is $50,000 budgeted for the update. Tonight's action will approve this expenditure and approve an additional appropriation of$21,000 from the unappropriated balance of the TDIF Fund. There is no impact to the General Fund. Exhibits: 1. Map of the proposed TDIF Boundary Account 621-6212-5201 File 0730-95-HX051 II\HOMEIENGINEERILANDDEV\TD1FupdateIPDCAI132.wpd October 2, 1998 (3:34pm) /7-( = e ~ - ~ = ~~~ ~=~ ~~~ ~~~ 8.8- ~~ ~ ~ ~J~ ~~~ z -'- , ~ CI:l ~ ~ ~ '0 i r/) r/) a ~ - c :E - ";= ~ ...!.. '0 1 m "- ro :a: RESOLUTION NO. /9.217' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH PROJECT DESIGN CONSULTANTS FOR THE UPDATE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND APPROPRIATING FUNDS FOR THE UPDATE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM FROM THE UNAPPROPRIATED BALANCE OF THE TDIF FUND WHEREAS, the Transportation Development Impact Fee (TDIF) is a cost sharing program used to equitably distribute the cost of new roads serving the new development east of I-80S; and WHEREAS, the program needs to be updated to reflect the changing development picture and include new areas annexed to the City; and WHEREAS, due to the complexity and magnitude of this task and the extensive professional resources needed to achieve this work, staff recommends the retention of an outside consultant; and WHEREAS, by following the City's selection procedure, staff has requested proposals, created a selection committee and determined that Project Design Consultants is the most qualified firm for updating the TDIF program. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve an agreement with Project Design Consultants for the update of the Transportation Development Impact Fee program, a copy of which is on file in the office of the City Clerk as Document No.ell 9g-/K[. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized to execute said Agreement on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that the amount of $21,000 is hereby appropriated from the unappropriated balance of the TDIF Fund for the update of the TDIF Program. Presented by Approved as to form by ~~~ John M. Kaheny, City~ney John P. Lippitt, Director of Public Works H:\home\lorraine\rs\project.des /7--t- / J. 32- Parties and Recital Page(s) Agreement between City of Chula Vista and Project Design Consultants for Updating the Transportation Development Impact Fee Program This agreement ("Agreement"), dated October 13,1998 for the purposes ofreference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City ofChula Vista currently has a Transportation Development Impact Fee program ("TDIF") where the cost of new major transportation projects east of 1-805 are spread to the new developments east on-805; and, Whereas, the City is desirous of updating the program to reflect changes in land use, improvement costs and facilities to be included in the TDIF; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals, Neh't Page starts Obligatory Provisions,) 2pty1 Lwp July 1, 1997 Standard Form Two Party Agreement (Sih'th Revision) Page 1 /7-7 ~o98~ 1!t6 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby murually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care 2ptyl1.wp July 1, 1997 Standard Form Two Party Agreement (Sixth Revision) Page 2 /7-2" Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill (m\illafily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. 2ptyl1.wp July I, 1997 Standard Form Two Party Agreement (Sb,:th Revision) Page 3 /7r-1 H. Securitv for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. . Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to 2ptyl1.wp July I, 1997 Standard Form Two Party Agreement (Sixth Revision) Page 4 /7-){) achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph II, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A., and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- 2ptyll.wp July I, 1997 Standard Form Two Party Agreement (Sixth Revision) Page 5 J:7 --I / formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defmed Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time e>.:tensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph IS, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph IS of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. 2ptyl J.wp July I, 1997 Standard Form Two Party Agreement (Sixth Revision) Page 6 /?~/.2. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless 2ptyl J.wp July I, 1997 Standard Form Two Party Agreement (Sixth Revision) Page 7 /7/)3 Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agr=ents or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, 2ptyl I.wp July 1, 1997 Standard Form Two Party Agreement (Sixth Revision) Page 8 / 7--- Jtl become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. II. l\ssignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the united States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures 2ptyl1.wp July I, 1997 Standard Form Two Party Agreement (Sixth Revision) Page 9 / J')r-b No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. I 1 7. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices 2ptyll.wp July 1, 1997 Standard Form Two Party Agreement (Sixth Revision) Page 10 17"-//, All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City ofChula Vista. [end of page. ne>.."! page is signature page.] 2ptyl1.wp July I, 1997 Standard Form Two party Agreement (Sixth Revision) Page II /'?--/? - ,......>> .- .. -~~~ . 'f';<: : v' ~: Signature Page to Agreement between City of Chula Vista and Project Design CDnsultants fDr Updating the Transportation DevelDpment Impact Fee Program IN WITNESS WHEREOF, City and Consultant have executed this Agre::ment thereby indicating that they have read and understood same, and indicate their full and complete cDnsent tDi!5=ns: Dated; ,19_ City Df Chula Vista by: Shirley HDrlDn, MaYDr AlleS:; Beve:-iy Authelet, City Clerk Approved as tD fD=: JDhn M. Kaheny, City AttDrney Dated: :~J~&~ DDreen Sp 0' illy Vicepreside~ BY~ Charles S. ThDmas AssDciate Exhibit List tD Agreement (X) Exhibit A (X) Exhibit B. 2ptyll.wp July 1, 1997 Standard FDrm TWD Party Agreement (Sixth RevisiDn) Page 12 /7-/ Y Exhibit A to Agreement between City of Chula Vista and Project Design Consultants 1. Effective Date of Agreement: October 13,1998 2. City-Related Entity: ( x) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City ofChula Vista, a () Other: form] , a [insert business ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Project Design Consultants 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership ( ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 701 B Street, Suite 800 San Diego, California 92101 2ptyl1.wp July 1,1997 Standard Form Two Party Agreement (Sixth Revision) Page 13 /7"19 Voice Phone (619) 235-6471 Fax Phone (619) 234-0349 ~. 7. General Duties: Consultant will be responsible for updating the transportation development impact fee program for the City of Chula Vista. 1bis includes generating cost estimates for all four lane major, six lane major and six lane prime arterials and spreading the cost over all new development east of I-80S to determine the Development Impact Fee. 8. Scope of Work and Schedule: TASK 1 DEVELOPMENT FORECAST Consultant will review and update land use information for those developments included in the area of benefit of the current TDIF program. In addition, Consultant will review existing information on proposed land uses within the proposed boundaries of the TDIF program, as depicted in the approved General Development Plan, Specific Planning Areas (SPAs), Tentative Maps, etc of the Otay Ranch project, and any other information provided by the City. The Consultant shall also identify key land uses affecting the development of the "Eastern Territories" and prepare a boundary map of the TDIF program. Once the land uses are established, Consultant will prepare a spreadsheet form tabulating the following: Project name or location Project Land uses, separated by category Land uses that have not received building permits Trip generation factor, converted to Equivalent Dwelling Units (EDUs) Total future EDUs, by land use. EDU Credits outstanding for project A subtotal of all future EDUs, less credits Deliverables for this work task will include a working paper outlining the analyses, results, boundary map, and recommendations TASK 2 PROJECT COST ESTIMATES Consultant shall review existing information on the type of transportation facilities (i.e., streets, intersections, etc.) within the adopted circulation elements of the General Plan, General Development Plans, and any other information provided by the City. This analysis would include only regional transportation facilities (i.e. four lane major roads or higher classification) and shall cover the entire "Eastern Territories" including those areas within the current TDIF program and new areas within the proposed program. 2ptyll.wp July 1, 1997 Standard Form Two Party Agreement (Sixth Revision) Page 14 /7r>> Consultant shall obtain and review technical and other background information pertinent to the project including: existing City and County topographic maps; existing alignment studies; City, County and Caltrans standards, proposed land development, etc. that might necessary to provide a good understanding of the key issues (i.e., physical constraints, environmental concerns, etc) that may affect the design and cost of the proposed facilities. Comprehensive, detailed cost estimates for every transportation related component shall be developed for each facility in Table 1 below. These estimates will include the cost of facility planning, design, construction, inspection, contingency, and City's administration. A description shall be prepared for each segment. Segment descriptions shall include segment alignment, length, and road classification. For road widenings, it will include basic road classification, and amount of widening to attain classification width as well as segment length. For intersections and interchanges, establish conceptual geometrics. For interconnect system, it will include basic project description, including extent of network and method of communication. In preparing the cost estimates, Consultant shall use methodologies which are consistent with the available information and level of study required for the IDIF update. This costing technique may include using a "unit cost per lineal feet" based on cost information of similar projects constructed in the City or other jurisdiction or any other methodology approved by the City. Of Special Note: . Consultant shall coordinate with the County and City of San Diego for projects that are impacted by those agencies. If the consultant uses cost estimates generated by another agency for the bridge crossings of the Otay River, said estimates shall be updated to reflect current assumptions. . Any improvement in Table I below that is to be constructed in phases (i.e. fOUT lanes initially and a 6 lane ultimate facility) shall include additional cost due to phasing. Deliverables for this task will include a working paper summarizing the analysis performed, including the recommended facilities and a detailed cost estimate for all projects listed in Table I below. Table 1. Transportation Projects within the City of Chula Vista Proj. DIF STREET LOCA nON Ultimate facility Former TDIF I SR-125 San Miguel to Teleeranh Canyon Roac Deleted from DIF 2 SR-125 Teleeranh Canyon Road to Olvrnoic Deleted from DIF 3 TelegrllDb Canyon Road Paseo Del Rev to East of Paseo Laden 6P 6P 3a Teleeranh Canyon Road I-80S IoterchanQe Phase II 4 Teleeraoh Canyon Road Phase I RutQers to Eastlake Boundarv Comnlete 2ptyll.wp July I, 1997 Standard Form Two Party Agreement (Si>..'1h Revision) Page 15 /7-01-( 5 Telegraph Canyon Road Phase 2 paseo Ladera to Anache Comnlete 6 Telegraph Canyon Road Phase 3 Apache to Rutgers Complete 7 East H Street 1-805 Interchange Modifications 8 East H Street East1ake Dr to SR-125 Comnlete 9 Otay Lakes Road Camino del Cerro Grande to Ridgebac Complete lOa La Media Rd Telegraph Canyon Road to E. Palomlll 6P 4 lOb La Media Rd E. Palomar Dr. to OlYmpic Parkway 6P 4 11 Bonita Road Olav Lakes Road to Central A venue 6M 6M 12 Bonita Road Central A venue to San Milmel Road 4 4 13 San Miguel Road Bonita Road to SR-125 Do not include' 14 East H Street SR-125 to Ml. Miguel Road Complete 15 Proctor Vallev Road fF.:<<1 Mt Miguel Road to Hunte Parkway 6P 6P ]6 Olympic Parkway Oleander to Sunbow Eastern Boundar) 6P 6P 17 East Palomar Street Oleander to Sunbow Eastern Boundar1 4 4 18 Telegraph Canyon Road Phase 4 East1ake I to Eastern Boundar1 Complete 19 Eastlake Parkway Telegraph Canyon Road to Eastlake Complete 20 Hunte Parlcwav Proctor Valley to Telegraph Canyon 4 4 2] Hunte Parkway Telegraph Canyon Road to Clubhouse Complete 21a Hunte Parkway Clubhouse Drive to OIYmnic Parkway 4 22 Olympic Parkway East1ake Parkway to Hunte Parkway 6P 6P 23a Paseo Ranchero Telegraph Canyon Road to E. Palomlll 6P 4 23b Paseo Rancbero E. Palomar Dr. to Olympic Parkway 6P 4 24 OIYmnic Parkway Eastern Sunbow BoundmV to East1ake 6P 6P 25 Olympic Parkway 1-805 Interchange Modifications 26 East Palomar Street Eastern Sunbow BoundMV to Paseo 4 4 27 East Palomar Street ]-805 Interchange 28 Otay Lakes Road Hunte Parkway to Wueste Road 6P 4 29 OlYmpic Parkway Hupte Parkway to OlYmpic Training 4 4 30 Telegraph Canvon Road SR-125 to East1ake Parkwav 8 8 31 Eastlake Parkway Fenton Street to Telegraph Canyon 6M 6M 32 East H Street 1-805 to Hidden Vista Drive 8 8 33 Bonita Road Olay Lakes Road Intersection 34 Otay Lakes Road Elmhurst Drive Intersection project superceded 35 East H Street Olay Lakes Road Intersection 36 Traffic Signal System wide 37 Eastlake Parkway Eastlake High School Southern 6P 6P 38 East H Street Paseo Del Rey to Tierra Del Rev 6P 39 Bonita Road 1-805 to Plaza Bonita Road 40 Alta Road SR-125 to the Olav River 6P New Project 41 Birch Road La Media to SR-125 4 New Project 42 Birch Road SR-125to Eastlake Parl..-wav 6P New Proiect 43 Birch Road Eastlake Parkway to Olav Vallev Roa< 4 New Project 44 East H Street Buena Vista to OlaY Lakes Road 6P New Project 45 Eastlake Parkway OIYmnic Parkway to Birch Road 6M New Project 46 Hunte Parl..-way Rock Mountain Road to Birch 4 New Project 47 Hunte Parl..-wav Birch Road to Olympic Parkway 6P New Project 48 Hunte Parl..-wav SR-125 to Alta Road 6P New Project 49 La Media Rd Bridge crossing Otav River 6P New Proiect 50 La Media Rd OIYmnic Parkway to Olav Valley Roa 6P New Proiect 1. Transferred to SR-125 DIF 2ptyl1.wp July 1, 1997 Standard Form Two Party Agreement (Sixth Revision) Page 16 /7 ,. cJ..:L- 5] La Media Rd Olav Vallev Road to Southerlv Cjtv 6P New Project 52 Otav Lakes Road Bonita Road to Tele~raoh Canvon 6P New Proiect 53 Otav Vallev Road 1-805 to Rock Mountain Road 6M New Proiect 54 Paseo Ranchero Olvrnoic Pkwv to Citv Boundarv (doe 6P New Project 55 Paseo Ranchero Brid~e Crossin_OlavRiver 6P New Project 56 Proctor Vallev Road SR-125 to Coral Canvon 4 New Project 57 Proctor Vallev Road Hunte ParkwaVto Miller Ranch Road 4 New Project 58 Rock Mountain Road SR-125 to Olav Vallev Road 6M New Project 59 San Mi~el Ranch Road SR-125 to Coral Canyon 4 New Proiect 60 Willow Street Bonita Road to Sweetwater Road 4 New Proiect Legend 4 6M 6P Four Lane Major Six Lane Major Six Lane Prime Note: Projects 1 through 39 are included in the current Transportation Development Impact Fee Program. TASK 3 PREPARATION OF A PRELIMINARY ENGINEER'S REPORT The Preliminary Engineer's Report shall include the following for each transportation project identified in Table 1 above: . Cost Estimate to include construction and incidental costs. . Description of improvements included in the cost estimate. . A plat showing the limits of the project. Consultant will prepare a screen check version of the Preliminary Engineer's report, in which the background, history, and goal of the proposed fee are described, as well as a summary of the studies discussed in previous scope items. The report will recommend a fee or fees to be imposed within the Area of Benefit, based on: 2pty11.wp July 1, 1997 . Proposed cost of Facilities Benefit to developing properties derived from facilities. This is construed to be the ability to develop a project, where the project will impact the overall street network in proportion to the vehicle trips it is generation. A map of the proposed land uses within the area of benefit Detailed information on the proposed land uses within the area of benefit A map of the proposed facilities to be constructed A summary of the estimated costs of the proposed facilities to be constructed. A project description for each segment or project, which will include an illustration of the project location, a written description of the project, a typical crossection, and a detailed cost estimate A summary of the estimated costs. . . . . . . . Standard Form Two Party Agreement (Sixth Revision) Page 17 /7---;2.} The preliminary Engineer's report shall also contain the method of spreading the fee based on land use, and an estimate of the fee per EDU. Twenty five (25) copies of the preliminary draft of the report shall be submitted for City staff and developers review along with twenty five ( 25) blueline copies of any associated maps. The consultant shall also make available copies of the Preliminary Engineer's report to all affected property owners for their review a the Chula Vista main library. TASK 4 FINAL ENGINEER'S REPORT Consultant shall prepare a Final Engineer's Report satisfactory to the City Engineer based on comments received from the City in Task 3 above for presentation to the City Council. The Engineer's Report Forty (40) copies of the Final Engineer's Report any associated maps shall be submitted for City staff and developers review. Consultant shall deliver one (1) Mylar copy and one (1) DFX computer file for every map associated with the project as well as (1) disk of the Final Engineer's report in a Word Perfect 8.0/ Quattro Pro compatible word processing and spread sheet file. Consultant will attend City Council meeting to answer any questions regarding the Final Engineer's Report. TASK 5 PROJECT COORDINATION Consultant will attend approximately 15 biweekly meetings to coordinate project with City staff and the development community. Additional meetings shall be attended and coordinated at the rate specified in Exhibit B attached. Throughout the design process the Consultant will assume the lead in coordinating meetings with the City of Chula Vista and developers, including preparing and distributing minutes meetings to the participants for approval. At appropriate times, notification will be provided to private landowners of informational meetings and appropriate graphics and handout materials will be prepared. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliver abies: 2ptyl1.wp July 1, 1997 Standard Form Two Party Agreement (Sixth Revision) Page 18 17~ ;21 Deliverable No. I: Deliverable No.2: Deliverable No.3: D. Date for completion of all Consultant services: 9. Insurance Requirements: (x) Statutory Worker's Compensation Insurance (x) Employer's Liability Insurance coverage: $1,000,000. (x) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). () Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: The General Plan, the Otay Ranch GDP, one GIS file of the City boundary. II. Compensation: A. (X) Single Fixed Fee Arrangement. For performance of all of the Defmed Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $60,310 payable as follows: Task Task 1 Amount or Percent of Fixed Fee $5,900 Task 3 Task 4 Task 5 10,350 1,300 2,100 Deliverable Working paper on Development Forecast, boundary map, recommendations Working Paper on Project Cost Estimates (detailed cost estimates on every project) Preliminary Engineer's report Final Engineer's report Completion ofproject coordination Task 2 40,660 2ptyll.wp July 1, 1997 Standard Form Two Party Agreement (Sixth Revision) Page 19 /7/;2.~ Note: Task 5 shall become payable once the project has been completed as determined by the City Engineer. Consultant agrees to provide "additional services" on a Time & Material Basis at the rate specified in Exhibit B attached hereto. Said "additional services" shall be authorized in writing by the City Engineer prior to commencement. At such time as Consultant shall have incurred time and materials equal to $10,690 ("Authorization Limit"), Consultant shall not be entitled to anyaddi- tional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. ( ) I. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. () Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 2ptyll.wp July I, 1997 Standard Form Two Party Agreement (Sixth Revision) Page 20 17- ;2-&, 1. $ 2. $ 3. $ ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. () Hourly Rate Arrangement For performance of the Defmed Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: 1. () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). 2. () Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any 2ptyll.wp July 1, 1997 Standard Form Two Party Agreement (Sixth Revision) Page 21 /7-,2 ') additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee of Consultant Name Hourly Rate ( ) Hourly rates may increase by 6% for services rendered after [month], 19 , if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (x) None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ () Copies, not to exceed $ ( ) Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ 13. Contract Administrators: 2ptyll.wp July I, 1997 Standard Form Two Party Agreement (Sixth Revision) Page 22 J 7 - :28" City: Lombardo Detrinidad, Civil Engineer Consultant: Charles Steve Thomas, Associate 14. Liquidated Damages Rate: ( )$_perday. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No.1. Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 2ptyl1.wp July 1, 1997 Standard Form Two Party Agreement (Sixth Revision) Page 23 /7---..2; 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: 1. Bill Processing: 1. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly ( X ) Other: upon completion of each task 2. Day of the Period for submission of Consultant's Billing: ( ) 15th Day of each Month ( ) End of the Month ( x ) Other: upon completion of each task ( ) First of the Month 3. City's Account Number: 2. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ ex ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( x ) Retention Percentage: 10% ( ) Retention Amount: $ 2pty11.wp July 1, 1997 Standard Form Two Party Agreement (Sixth Revision) Page 24 ) 7- J{} Retention Release Event: (x) Completion of All Consultant Services ( ) Other: 2pty11.wp July 1, 1997 Standard Form Two Party Agreement (Sixth Revision) Page 25 /7-3/ 'to- '-',,'-' Exhibit B HOURLY RATE SCHEDULE Effective September 27,1997 HOURLY RATE Project Manager $105 $ 85 $ 70 $130 Project Designer Production Designer Two-Man Survey Crew Two-Man Survey Crew with GPS (}!en~ ~ '71-..ff. $180 571J . Reimbursable charges for blueprinting, photographic mylar reproduction, photocopying, travel and mileage, delivery services, long-distance telephone charges, computcrizc:d plotting, special graphic supplies, facsimiles, and other direct project charges incurred on behalf of Client will be billed to Client at cost plus ten p=cnt. t CONII-I77EXC.DOC(4IJ198) C-1 /7-3Z- COUNCIL AGENDA STATEMENT Item: / zr Meeting Date: 10/13/98 ITEM TITLE: Resolution) '7 ,2.tJ;J Approving in-Concept the Changes Required by the Design Review Committee which will Result in a Future Cost Increase for the Construction of Fire Station #4 and the Fire Training Classroom; Approving the Second Amendment to the Contractual Agreement with Jeff Katz Architecture for Architectural Services Associated with the Design and Construction of Fire Station #4 and the Fire Training Classroom; and Appropriating Funds therefor. SUBMITTED BY: Fire Chie~t'~ aY"~ Director of Planning and Building ~ REVIEWED BY: City Manage~ ~ ~ (4/5ths Vote: Yes l..No_> Council-approved CIP Projects PS-120 anUS-127 provide for the construction of the new Fire Station #4 and the Fire Training Classroom at the Fire Training Tower site in the Rancho del Rey development. The firm of Jeff Katz Architecture has been hired to provide the architectural services for the fire station and the training classroom. Recent review of the Project's initial design by the City's Design Review Committee has necessitated changes to the Project which will increase the construction costs, and which are beyond the scope of the current agreement with the architect. Therefore, it is necessary at this time to conceptually approve the Project's revised scope and estimated budget, and amend the Architect's agreement to complete the necessary work. RECOMMENDATION: That this item be continued to a future meeting to allow sufficient time for re- submittal of a revised Fire Station/Training Classroom design scope to the DRC for action. )(5)/ ITEM NUMBER: 020/9 RESOLUTION NUMBER: ORDINANCE NUMBER: OTHER: CONTRACT #: CONTRACT/RESOLUTION DATE: ITEM NUMBER REFERENCED ABOVE WAS CONTINUED FROM DATE: OC! r o&> I 9 9 8 AGENDA PACKET SCANNED ON: NUMBER REFERENCED ABOVE HAS BEEN CONTINUED TO DATE: MISCELLANEOUS INFORMATION: (TITLE OF CONTRACT, ETC.) ~;9-T/r/C!/9 T/o"U (!Jr /7"t?~CNA:JT,MG-;() r TCJ 6HCJ {! 02CJf1- I , I ~~vC CHULA VISTA ELEMENTARY SCHOOL DISTRICT 84 EAST "J" STREET . CHULA VISTA, CALIFORNIA 91910 . 619 425-9600 EACH CHILD IS AN INDMDUAL OF GREAT WORTH BOARD OF EDUCATION JOSEPH D. CUMMINGS. PhD. SHARON GI15 PATRICK A. JJIlD PAMELA B. SMTIH MI<E A. SPEYIal SUPERINTENDENT USIA S. GIl.. PhD. NOTICE TO PROPERTY OWNERS WITHIN THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT COMMUNITY FACILITIES DISTRICTS As you may be aware, the Chula Vista Elementary School District has called a general obligation bond election (known as Prbposition JJ) on November 3, 1998. If approved, the bonds will be issued over time to pay costs associated with repairs and improvements to the schools in the Chula Vista Elementary School District. These will include repairs to leaky roofs; repairs to unsafe classrooms; installation of fire safety improvements; replacement of outdated plumbing, heating, air-conditioning, and electrical systems; provision for handicapped access; and construction of new classrooms and facilities to relieve overcrowding. All activities paid for under the bond issue will be overseen by an independent citizens' oversight committee. that will include representation from Mello-Roos community facilities districts (CFDs). Many residents who live within existing Mello-Roos Districts (CFDs) have expressed concern about the bond issue because it would represent a form of double taxation to them. They already pay, or will pay, special Mello-Roos taxes for school facilities. An addition of increased general property taxes for the same purpose would effectively cause residents living in CFDs to pay for the same thing twice. To mitigate this concern, the school district has adopted a two-step policy that will be implemented should the bond election be successful. First, the school district will allocate a fair share of the bond proceeds to each Mello-Roos community which will, in part, be used to provide school facilities within the CFDs. Secondly, the CFD special taxes paid by property owners will be reduced by a corresponding amount. The effect of this policy is that there will be little or no change in the overall tax bill of a property owner within a Mello-Roos CFD as a result of a successful school bond election. Under the general obligation bond program, Casillas Elementary School will receive $50,000 for capital improvements prioritized by its site council. If you have any questions regarding this matter, please contact John Melvin, Financial Analyst, Chula Vista Elementary School District, at 425-9600, extension 1383. LB:ab 9/29/98 dOC -( OCT.-0998IFRII 1012 EASTLAKE TEL 619 421 1830 P 002 f.D 71,- 3 (" " :;- DRAFT 1)~ar Eas!Lah Homeowner: The Directors of the Eas!Lake Educational Foundation and T ask you to vote "Yes" on Proposition JJ, the local bond issue, in the upcoming election on November 3. We believe the bond issue is good for EastLake homeowners and good for our EastLake schools for the following reasons: . c'''''.f P"':(~~:O~ .,Pr. ",,.,,t3 /' .~l"""'Y V"!"'!'"t...:::'trpt:~;;(~~D( . Prop. n will provide $400,000 to complete our vision of computer technology in the J. ,: .' \ > . classroom. EastLllke Elementary will receive $200,000 and Olympic View . r. .... r ...:./. Elementary will receive $200,000. It is a simple way to ensure that our EastLllke schools sta~ at the top of performance. · There will be little or no change in your total property taxes as a result of the new bond issue (Please refer to the sample calculations below, which are oft'ered to illustrate this point). . The bond will provide the needed resources to upgrade the older schools in the district This will upgrade the district's image, which can only help our schools' reputations as well. . The funds will go to actual improvements in the schools. funds cannot be used for administrative overhead or salaries. An independent citizen's oversight committee will oversee the spending of the money. Proposition JJ is an easy way to obtain more funding for our community schools without adding additional costs to the EastLake homeowner. It needs a 2/3rds "Yes" vote to be enacted. Please join me in November by voting "Yes" on PropOSition 11, Sincerely, Paul G. Nieto President Example calculation of estimated effects on EastLake Homeowner Tax Bills House Ex/lIting New Prop JJ Estimated New Total Sa",..'" Square FY 1998199 Prop JJ As '10 of MelloTn Mello plus HOllie Feet Mello Tu Levy- Mello reduction PrOD JJ Tn Homelfl 1,150 5J 62.24 527.58 17.00% $2758 $162.24 Horne #2 1930 5256.16 537.84 14.77% $37.84 5256.16 Home #3 2,840 5307.40 549.08 49.08% 549.08 5307.40 'Est"nat~@ 518.93 per 5100,000 ofassessed value. . on ",'_ef"~t. Please refer to the 8:ttached information from the Chu'a Vista Elementary School District for more details. c:.2 oC' - ~ __L __(~ . .~~<('"'..... ~'ILw"'M7It:"'" School bond issues In addition to the $9.2 billion statewide school bond, Proposition 1A, several local school districts are putting their own bond measures before voters. While Proposition 1A requires a simple majoritY.of California voters to pass, all local school bond measures by law require a two-thirds majority approval. Proposition MM San Diego UnijUd School District TIlis $ 1.51 billion schookonstruction bond would pay lor major repairs to 167 schools. including nt>w rools and drainage systems; heating. plumbing and electrical systems; science laboratories and libraries. Allows the district to build 13 new elemen- tary schools and rebuild a high school. \IIows the district to continue shrinking class size in the earliest elementary grades . and dt'Velop more than 200 day-long kindergarten classes. !.and owners would pay lor the bond through a levy on their property taxes. For example. someone with a home worth $200.000 would pay about $200 a year for 30 years. However. the bond would replace an existing school tax that expires in the \.t>ar 2003. so property owners would not ~ an increase in their existing tax rate. Arpmonts far: San Dit>go's aging schools. many of which are 30 and 40 years old. are in poor physical condition. Y1any schools have roofs that leak. crum- bling walls and hazardous lead paint; faulty wiring that can't sustain computers. Furthermore. the district needs to build new schools because of overcrowding. Su~ II)': San Diego County Taxpayers Association. Greater San Diego Chamber of Commerce. Senior Citizens Presidents Council. Arpunonb opinst: Opponents say the poor condition of San Diego's schools reflects fiscal mismanagement and neglect of routine maintenance. \Vhat's more, crit. ics of the bond say it will raise property taxes for an already over-funded school system. Opposed II)': Libertarian Party. Proposition KK Coronado The proposition seeks $17 million to build a new middle school to replace an aging building; renovate Coronado High School to provide state-of-the-art science. technology and other classrooms; and ren- ovate Silver Strand Elementary School. Will cost property owners $31.50 per $100.000 assessed valuation annually lor 25 years. Arpm,ab far: Despite the deteriorating conditions of school buildings. Coronado schools rank among the best in San Diego County. But the longer the school district waits on renovations. the more it will cost taxpayers and school children. After the defeat of last year's $27.4 million bond issue. the school board and district offi- cials responded to community input and reduced the proposed bond to $17 million. focusing on fewer projects. Revenue from the bond issue is expected to be augment- ed by $7.8 million in redevelopment funds. A community oversight committee wiD ensure projects are completed on schedule and within budgeL .1". ......,. Friends of Coronado Schools '98; Duncan Ferguson. Coronado Unified School District athletic director; and various \llITeIlts and members of the community. '" , lIIMIIl: So far. there is no organized opposition. and"there is no argu- ment against the proposition in the official voter information pamphlet Concerns about the impact of interdistrict transfer students remain. however. Some residents say Coronado's intake 01 transfer students from other school districts is to blame for the crowding and created the need for new buildings. School officials dispute that claim. pointing out that the number of interdistrict students has remained stable, and that new facilities were planned with only resident students in mind. "'_ 1. ........ Passing the bond measure means passing new taxes. School districts have squandered money that should have been used for repairing and maintaining schools. School funding is po. marily a state priority problem. llJ J . II)': u'bertarian Party. 'l....,..ition LL Lemon Grove &hool District TI1.is $12 million general obligation bond would fund repairs and modernization at the district's eight schools. which are between 38 and 51 years old. Scheduled improvements include replacing outdated heating and plumbing systems. instalJing air conditioning in classrooms and rewiring e1ectrical systems. If approved. the bond would add a tax of approximately $2.44 a month to an average home valued at $93.000 within the district boundaries. The bond would be repaid over the next 25 years. Arc I lor: Because of the age of the schools. there are many modernization needs, including plumbing. heating. venti- lation and electrical wiring. The old infra. structure does not sU\lPOrl the new tech- nology that students need today. Sun t ~ II)': Mary Sessom, mayor 01 Lemon Grove. Jim Butcher. president 01 the Lemon Grove Chamber of Commerce; Lemon Grove Councilman Craig Uke and Bob Burns. former Lemon Grove mayor. A1~ Il1I ...... None filed. llp~ 1 II)': No organized opposition. PI,..-ition JJ Chula Vista Elementary School District The Chula Vista Elementary School District's $95 million bond measure wiD provide money to all 35 of the district's schools. Older schools would be modern- ized with air conditioning. new plumbing and wiring to handle today's technology. Leaky roofs would be repaired. disabled access improved and new buildings pur- chased to relieve overcrowding and accommodate smaller classes. The measure would mean an additional annual tax of about S20 per $100.000 01 assessed property value. For a $150.000 house. for example. the tax would be about Proposition NN ~==ers in specially taxed areas San Pasqual Union School District known as MelJo.Roos. who already are The $1.7 million schookonstruction paying additional taxes for school and road bond would assist the district in buying 35 construction. wiD participate in the e\eo. acres of land and allow the district to quaI;. tion. Their current taxes will be reduced fy for state funds to build a new school. by the same lormula of about $20 per The new site would provide more space $100.000 of assessed property value so for the growing district that projects stu- they are not double-taxed. dent enroDment to climb from last year's 260 pupils to 1.000 in 2006. ..---. far: Classes are smaller. stu- Property owners would pay lor the bond dent achit'Vement is improving and more through an added fee on their property parents are more involved in classrooms. taxes at a rate of $28 annually for each But attention must be paid to school build- $100.000. The tax would end after 25 years. ings. which are more than 30 years old. The district will create an independent citi- A.. --", far: The current school is old. zens committee to oversee how the money lacks running water. a proper roof. and is spent Bond money cannot be used for such basics as a library. The district is salaries or administration. If the measure restricted from expanding and upgrading passes, the district will be eligible for more because the topography is rugged. the sep- than 513 million in state matching bond .. - tic system is overloaded and much 01 the funds. land is rented. St." ,,!lid II)': Chula Vista Chamber of "'_' ........ Opponents are con- Commen:e, Chula Vista Mayor Shirley cemed about higher taxes and the poten- Horton. County Supervisor Greg Cox, tial for inaeased traffic in the rura1 area. Assemblywoman Denise Ducheny. 1).San Diego. and Congressman Bob FUner. 1). San Diego. - Compiled by 5tI1/f writers Lillian SalDzor Leopold. Angelo /All. Mall"'" Magee. Lisa Petrillo and ChristU Ritter ~ October 12. 1998 SAN DIIDO UNlON'l'RIBUNE dbC-3 COUNCIL AGENDA STATEMENT Item c2CJp ITEM TITLE: Meeting Date 10/13/98 Resolution /9 ..2.2t?aking a position to "Oppose" State Proposition 9, the Utility Rate Reduction and Reform Act of 1998. SUBMITTED BY: Legislative committeeW PIK~4/5th Vote: Yes_ No_KJ Attached for your review is an analysis of Proposition i,). This is a ballot measure which would alter the recently restructured electric utility industry and, according to proponents, would effect a reduction in electric utility rates throughout California. Bond Counsel from two of the state's largest firms indicate that passage of this proposal could detrimentally impact the cost of issuing bonds in California. This assessment is based on the projected response by the bond market to a perception that voters in this state are being given the opportunity to undermine the revenue stream which supports an existing bond issuance. RECOMMENDATION: That the Council adopt the resolution opposing Proposition 9. BOARD/COMMISSION RECOMMENDATIONS: not applicable DISCUSSION The proposition proposed for Council action is as follows: Proposition 9 The Utilitv Rate Reduction and Reform Act of 1998 which proposes to: (1) mandate a 20% reduction in electric utility rates for residential and small business customers, (2) eliminate the current "competition transition charge" which allows investor-owned utilities to recoup the costs of stranded assets, and (3) prohibit the investor-owned utilities from charging the costs of a $6 billion bond issuance to their rate payers. Legislative Committee Recommendation: OPPOSE BACKGROUND In 1996, deregulation of the electric utility industry became a pnonty issue for the State Legislature. Senator Steve Peace, who chairs the Senate Committee on Energy, Utilities and Communications, was a key figure in moving this issue through the legislative process. AB 1890 ultimately became the vehicle which would establish the parameters and procedures for deregulation. AB 1890 was signed into law 9/24/96 (Chapter 854, statutes of 1996). It should be noted that the new law deregulated the electricity generation industry, not the transmission or distribution of electrical power. cl..tJ J) -I Item , page2 Meeting Date 10/13/98 Goals and Obiectives of Deregulation Proponents of deregulation believed that it would foster competition among service providers with a resulting decrease in the rates consumers would pay for electricity. One study predicted that rates would drop by as much as 28% on an average residential bill. Reduced rates for large commercial or industrial users would also assist the state in its efforts to bring manufacturers and other large employers to California. California's electric rates have been among the highest in the nation, making deregulation an attractive prospect. The state's three primary electricity generators and service providers (Southern California Edison, Pacific Gas and Electric, and San Diego Gas and Electric) expressed concerned that past expenditures to build various infrastructure facilities would become "stranded assets". The cost of these stranded assets (estimated to be $28 billion by Consumers Union) would impact the ability of the investor-owned utilities (IOUs) to compete with outside electricity generators. Effects of AB 1890 A mechanism was built into AB 1890 which allowed the IOUs to recover the costs of their stranded assets. The legislation requires all electricity generators to include a competition transition charge (CTC) in their customer billing. This charge is paid by the ratepayer (passes through the outside electricity generator if there is one) and is received by the historical service provider. If there is no new competitor, the historical provider directly imposes the CTC on the customer. The CTC has been in place for two years, is slated to continue through 2000 and is estimated to represent approximately 30% of a residential customer's electric bill. Some of the IOUs' stranded assets are facilities which the service providers were forced to build by the state (such as those for "qualifying facility" contracts). Other stranded assets are the nuclear facilities built by the IOUs which are considered unlikely to be competitive in the deregulated market. Proponents of Proposition 9 believe that by passing these costs on to the consumer via the CTC, the investor-owned utilities are being given a competitive advantage which postpones true competition among electricity generators. It is reported that the imposition of the CTC has led to a decision by many of these outsider generators to abandon the residential customer market until this charge sunsets in 2000. AB 1890 also provided for the issuance of a $6 billion bond in order to allow the historical service providers to reduce residential and small business ratepayer costs by 10% for four years. The bond is being paid off by the rate payers over a 10 year period. Proposition 9 supporters state, therefore, that ratepayers are financing their own rate reduction. Actual savings to the ratepayer, when the cost of interest is factored in, is less than 3% according to a Consumers Union report. c2dp-;L Item , page3 Meeting Date 10/13/98 What Proposition 9 Does Proposition 9 requires a 20% rate reduction (effective 1/1/99) for residential and small business customers. The reduction will be based on the rates which were charged to customers on June 10, 1996. The measure also eliminates the competttlOn transition charge (CTC). It does, however, provide the utility companies with the opportunity to recoup the costs of some stranded assets, subject to approval of the California Public Utilities Commission (CPUC). The proposition does not specify how the utility companies will be allowed to recoup the costs approved by the CPUC. The aspect of Proposition 9 which has caused the greatest controversy is the section which prevents the utility companies from continuing to collect bond repayment costs from their ratepayers. Proponents of Proposition 9 indicate that bond repayment will be the responsibility of the utility companies if the measure passes. Opponents of the proposal have stated that bond repayment will become the responsibility of the State. Effects of Proposition 9 As noted above, there are conflicting opinions on the effect which Proposition 9 would have on the repayment of the $6 billion bond issuance, should it be approved by the voters in November. Opponents argue that this measure will derail .the recently legislated deregulation process before it has had a chance to work. Opponents have also stated that passage would place the State in the position of having to payoff the $6 billion in issued bonds. Proponents claim that Proposition 9 will have no such impact because the State did not issue the bonds and the bonds are not backed by the full faith and credit of the State. Proponents acknowledge that the State did pledge to take no action to impair the rights of the bondholders without making adequate provisions for them, but believe the wording of Proposition 9 protects the bond holders by requiring the utility companies to take over the bond debt. The Legislative Analyst's Office, which spent more time analyzing Proposition 9 than any other measure in the November election, has stated "At this time it is not known whether the measure would have any impact on the bonds or, if it did, what the impact would be". The confusion stems, in large part, from the fact that the bonds were issued in an unprecedented manner; by the Infrastructure Bank which was created by the State Legislature. Historically, the courts have ruled that states shall not impair the obligation of contracts. These issues are addressed at length in the "impairment of contract" clauses of both the State and Federal Constitution. What remains uncertain is whether the courts would rule Proposition 9 unconstitutional and leave the bond payment as is, whether the courts would hold the State c20P--;J Item , page4 Meeting Date 10/13/98 responsible for making good on the bonds, or whether the utility companies would be forced to pay them off. Fiscal Effects of Proposition 9 A variety of fiscal are effects projected should Proposition 9 receive voter approval. Elimination of the CTC will reduce the income of the utility companies. That income is subject to state bank and corporation taxes. State tax revenues would be reduced as a result, with estimates ranging from $200 million to $1 billion per year through 2001102 (when the CTC will statutorily sunset under the existing AB 1890). Historically, local government has suffered a loss in financial resources when the State is faced with revenue reductions. The mandatorily reduced utility rates would provide rate payers with more discretionary income. This, in turn, is predicted to lead to increased purchases of taxable goods which would benefit the State (and local government) through increased sales tax revenues. The increase is estimated to fall between $135 million and $170 million per year. In addition, reduced electric utility expenses for business ratepayers will result in lower deductible expenses and higher income tax liabilities. This is estimated to benefit the State through increased corporate income tax revenues of between $210 million and $694 million per year. These estimates appear in a report prepared by Metropolitan West Financial and Strategic Services. Many local governments base their Utility Users Tax on billings. Proposition 9's mandatory 20% rate reduction would cause a decline in UUT revenues for those agencies. In Chula Vista, the Utility Users Tax for gas and electricity is based on usage and so would not be negatively affected. The Legislative Analyst points out that utility cost savings would likely offset the lost utility users tax revenue for local government agencies. For Chula Vista, therefore, there could be a net gain in this area. Proposition 9 is likely to result in a reduction in property tax valuations of nuclear facilities because of the inability of the investor-owned utilities to recover their stranded costs in these particular facilities. Chula Vista receives a small percentage of the property tax paid on a county-wide basis and could, therefore, be minimally affected. The greatest cause for concern to the City is the impact of Proposition 9 on the bond market in general. The perception that an act of the voters could imperil bonds which have already been issued increases the level of risk associated with any state or municipal bond issuance in California. This, in turn, is likely to cause the cost of issuing such bonds to increase significantly. Irrespective of the courts' action should Proposition 9 pass, the market will penalize public agencies in California because of a perceived increase in risk associated with these bonds. :2tJp - { Item , pageS Meeting Date 10/13/98 FISCAL IMPACT: Despite probable increases in revenue from sales tax, and decreased expenditures associated with a reduced cost for electricity, the City is also likely to incur significantly increased costs to issue future debt. It is for this reason that the Legislative Committee recommends the City Council adopt the resolution to oppose Proposition 9. Attachments: 1. Text of Proposition 9 2. Official Title and Summary prepared by the Attorney General 3. Analysis by State Legislative Analyst's Office c:\ccm\Al 1 3\Prop9. 1 13 J/)p-s RESOLUTION NO. /9:<20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TAKING A POSITION TO "OPPOSE STATE PROPOSITION 9, THE UTILITY RATE REDUCTION AND REFORM ACT OF 1998" WHEREAS, Proposition 9, The Utility Rate Reduction and Reform Act of 1998, proposes to: (1) mandate a 20% reduction in electric utility rates for residential and small business customers (2) eliminate the current "competition transition charge" which allows investor-owned utilities to recoup the costs of stranded assets, and (3) prohibit the investor-owned utilities from charging the costs of a $6 billion bond issuance to their rate payers WHEREAS, bond counsel from two of the state's largest firms indicate that passage of this proposal could detrimentally impact the cost of issuing bonds in California; and WHEREAS, the Legislative Committee recommends the city oppose Proposition 9. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby oppose State Proposition 9, the utility Rate Reduction and Reform Act of 1998. Presented by Approved as to form by Shirley Horton, Mayor ney H:\home\lorraine\rs\prop9.0PP .JIJ pr b ,,\ AU"J " uoS 6: l^jPil LEAGUE OF CAL CITIES NO, 2522 P. 4+ . ~~. 1~_ .sA~7Ift.FCJOIP , A....tI.J.; -i/:: 1- S The Utility Rate Reduction and Reform Act SECTION 1_ Findings and DalarGons Tue Peopl;: ofC:ilifornia fio.d and declare as fullows: Tile COSi: and depdnbility of California's electric utility service are threate:1ed by ll. new law that was :'.tended i:O reduce regulation or electric utili:cy coxnpanies in'this state. Any change in the way electriciJ:y is sold should benefit all electric utility customers, including reside:nial and small. business custoxneos, and should result in a fair and competitive m;rcketplace. Instead of ;.e:uing a fully competitive market for ;:iec1ricity, the new law unfuirly flvors e:cisting electf.c utiliry monopolies by fOICing customers to pay I3Ies mon: than 40 pc=.."'llt bigher than Ole mar.ke! priee in orrie:: ro bail ow: utilities for their past bad invesnne:Jts. _~ a rc~clt ofthi~ 513 billion bailout for ele::'J:ic utilit'J companies, the aVe::lge California hOllSeb.old will pay more i:h:m 5::'50 more per y= for electricity than they would in a fully coxnpetinve marlce:. Reside:!t::al ane swcll business eusroOlrn should not be required to b= the costs ofbonris used by uti!icy COI:':.paoleS to pay for pas;: bad. invesmUl:lts. Ie is :lg~Jl.S, ;:ublic polic:' for residential and small business c:lStomll:'S to be require:i to pay for the in:;:r.:ce::! ,""d ~e:onomic dec'.sions of electric utiliry coo.;:a:ncs to ir.vest in nucJ.e:u- power pIm:.ts w'-'=:: ::::e ;:o.:Jlic Cid not want and which thr-,,:l.!e::l the he::i:..'!!lJld safery ofmis state. uncC':" ;:he new l::.w, de.-eg-.liation of clec::ric: utility comp~e~ may result iI:. marketing abuses that b2= resic.e::i.ai aI!.C s=al.1 bUS:.uless C"~tome:'S. Sucb. aO\:Ses!:laJ i::clue.c ti:.e s-alli:::l.g ofiDfor:uarion ~out these c::.-Smmrn ~ othe:- c:nnpanies :or proiit. T.::-efore. ;:he P=Ie of Caliz'"orcia declare that it is neces.",,-T to <;:Tote::t reside::J.tial and =all business . .. .. .. C"..:.s~,=e;:; frorc. ~ and lIDjUStifie:i ta..,es :me. s.m:harges 6a! will :erc:!l them to subsiri;.,-e elec-:dc uti1it:' cO~2...iio!s. I~ is also ~esse1XY to e:JSure t."at r!slce:J::.ici m:d. su:.a1l business C"ilSLOme:"3 dir::ny belleiit :rcm de~:g-..iat:ioll of cle;;:cic utility companies. S"ZCTION 2. Purpose Tile pw:pose of this chJ1pt~ is to: 1. Reduce ::esic<:;itiilI aJ:.d sn:all co==i:l1 e!ectiC!"T !ates bv 2D -c== to ll.S5".:tre that ~ese . ., C:lS:OJ::.1l:'S =:ive 3. direct be:::efit ftom the ttomsitioo.:o ~e com;:c:itivc mm:X.."'tplac; for el=icity. ::. P~oilloit c...,es, =c~ bond payme:lts or any ot.':C':" :lSsess~e::.t from be'..ng added: to ele:;:ricit'J biils :0 payoff utility COto:l.p:mies' past bad invcs::n~!S :.t :;Jllclear power plams and other ge:::e:ntion- re!:lted. C::S-LZ. :;. P:-c h.ibit i:ones !Tem being used to force reside:l.tial :md small business C'.u;tomers to pay for past b:lC. i:;'1e=c::.;;s by electric utiliry companies. ~, Providc for fair and public review of Califor:1ill. Public Utilities Commissiou decisions related tc e,ec:ricirJ price and services. 5. P~ot= tl-.e pr.v;u;y ofutilit"J cus.omc;s llIlli provide the info=rion consume::; n~ IO cbUin low. c:::s~ :lnrl hig..'rt qualit'/ ~lecmc ServiC!a . 1 cMP-- 7 - -- -- AUG. 11. 1998' 6: 13PM --LEAGUE OF CAL CI TIES NO. 2522~P. 5 SECTION 3. nil followjng SeCtions are added 1:0 'the Public Utilities Coile: Electric Utility R:lte Reduction Section 368.1 ,(a) No later th:in January 1, 1999, electricity rates forresidentia.! and small co=ercia! customers sh:ill be reduced. so th:l.t these customeIS receive rate reductions of at least 20 p=:nt on their total electricity bill as compared to the rate schedules in effect for these customers on June 10, 1996. . (0) The r:u:e reductions described in subsection (a) shall be achieved through c:otting payments to e!~c:ric corpomollll for their nucl= and other uneconomic gcl=tion costs Illl described in Se::tions 367.1 and 367.~. . (c) No utility ta.."l:, bond payment, surcharge, or any otbl;!' assessml!;llt in any foon shall be levied J.g:!.ins1; :my el~::ic Iltility cus-..ome:-to pay ror thC:olW reducnollll described in suDsectiollll (a) and (b). P:-ohibition Ag:llllSt UtiliIY Ta:s:e:l, Bond l':Iyme:lts, Surcharges or .4..ny Other Assessme:l.!s T0 Pay For Nuclear Power Pl:lllts Section 367.1 (a) :::fe::::ve im",,".diately, com for nuc:= ge=tion p!anl:s aI:d relared asse3 mci. obligmot!.S si:.llllnct be paid for by elee:ric utilir:; C'.1lr.cme:-s, exc:pt to the CX""..c:lt that such costs ar: ,::'::0"=:5. by the sale of ele:::nciry- ar c:::mpetiti<'e ll'.~rke!: prices as refJ.e<::'..ed in independen! ?:::we:- 3,1.ch""'go: revenues or m con=:s with the kC.epcd= Syst= Opermor_ Cc) :-;0 utility ;a:c., bend payment, smcilll..""ge or other asses=e::rt in ~y fo= sbll be levied ;;.g';" <t :my elec:rlc utili,,! C'.:s-..omc:- :or the =ov~/ ofnucicar costs desc:i:oea. in subSc..'1iOll (a). (c) Tcis s=-'...cm ShallllOt apply to =oc.able =1= de-;ommissioning cos-..s as ;-ef~;::ced in Section :379 of me p..J.blic Utilities Coce. 2 . c2tFP-g-- AUG. 11. 1998 6:14PM LEAGUE OF CAL CITIES NO. 2522 P. 6 Limitation On. Utility Ta:te.1, Bond l'aymcn.ts, &urchargc", and Any Other A33~slXl.entl; To Pay for Electric Utility Company Investments in Non-Nuclear Gener:1tion Assets Sectiotl 367.2 (ll) Effective immediately, costs for notl-t1ucle:u: gca=tiotl pimlts and rebted asse15 and obligations shall not be recovered from electric utility cnstomers under the cost recovery mech3Ilism pIovided for by Se::tiOllS 367 tbrDugh 376 of the Public Utilities Code =:cpt to the extent that such COstS :u:e recovered by the sale of electricity at competitive market rates from indepen.dent Power Exchange revenues or from ~cts with the IndepcndecJ; System Operator, unresa the electric Iltilicy first d=ons1:mtes to the satisfuction of the Commission at. a public he~g tlut f:illure to recover such costs would deprive it of the oppormnity to = a f'air rate of retunl.. (b) This sec..:on shall not llflPly to cOStS associated with =CWilble non-nuclear eleclricity g~e~:lticll fuciliries desc.!oed in Section 381(c)(3), or:C COStS assoc'.ated with powe:-pu:rchases :04.1 qualifyi1:g facilities pu:rs\I:lnt :0 the ?~blic Uti.iit-j Regulatory Policies Act of 1978 ami related commission decisions. Prohibition Against 'Utility Tues, Bond Payments, Surcharges :md A>>.y Other ..\.sSesliment To P:lY For Securitization Bonds. \ Sec:ion ~O.l \ !-io"'r.~aL.';'''3: e~.~_t S~::ti.or:s 840 throU~ 84'7 cime ?ublie Utilities c~a.e: (0) )io ei~c:;:c cCIJ)omoll, .F.iH.r" olan elcclric cor,;otation or my other:fu1.a:D.c'.ng c:J.1ity sb.a11 :1S3e5S or coil= anY un1itv tI:"~ bond -:la= surch2ne Ot any othe: assessmd autlJori.:z::d bv a .. p' .... . _ .. 4 :~b::c ::~::es Con=.issiou fimm~ oroe:- issued p== to SecticDSt840 tbroug1l847 of the ?'.;,bEc T.:~;:;es CoCe ror the p!lI?ose of paying pr'...-::c'pie, ime= or any'Other costs of any bonds aU!i.':cr....:ec. b:.... ~ose sec:ions. (b) Tne ?:iliiic Utilities Co=ussioIA silll11 net issu.::my ~.ng ora=- p=uant to S~_jollS 840 ~-C1':~;" 84i ~ .1e,. ~e e:!ecrlve date of Lhis meascre. (c'} ...1..nv :le:=c ~tiJorari.on. Affi~l:'tTe ot"" an elec=ric co~oration or an'" aIDe: :iin2ncin2 e:!tl[",1 w~eh"is S'..lbi= to i iinan~.nQ; ordl:= ~ed Ullde~ Section 841 that ~ ~t.......;""C! bv;' co~ of ccn:pe=j~.sdictian to be clor..e:1ble despite subscction (il) of this sedan, sDaJi offSet :m"! ur:iiLJ t:L'"{, bond payme:u, surcharge. or other llSliessment described in subsecticn (a) eollec:ed ~c ~..., .....~cx::.e: ~tt.......... ........-"11 c-"=:t to be "~I':_": -.....,..c::....--.+'.,,'W'i...L. ~'e e-lle~':on o~r1..e _... ... '_.... ~_. _...... _ ..,~l"O.;:.J. ........... ....=-:'..._ ..."".... ---"'~J ~w.... _ oJ...oJ. J. IoJJ. u::::.:i:y w.....,~ ~c~d ~aY!I~~~ S"JIC~arge or other ~sessme:1L. 3 ~ )() ]/-1 -- A~G. 11. 1998 6: tHll LEAGUE OF CAL CilIES NO. 2522 P. 7 Section 841.1 .Any unde...-writer or bond purch:iser who purchases rate reduction bonds after Nov=ber 24, 1997 issued pursuant to cutrellt Sections 840 through 847 shall be deemed to have notice of the provisions of Sections 357.1,3672,368.1, and 840.1 Public Panicip:l.tion :md Judici.:LI Review For Consumer Protection and Electric Company Accountability Section 1701.5 (a) Any ac~on or proceeding of the Public Utilities Commission pursuant to Section 367. 1. 367.2,368.1 and 840.1 ofrhc Public Utilities Coee shall require a public he:lring where evidence is mk::n by and disc:etion is vested in the Public Utilities Comm;..;on. (b) A:.y c"'o"ge to the =0= of above-market costS mr non-nuc!e::lr generation plants and :el:lI"~ i!-Sse':S :;nd obligations b.r.ng recove.e:! from utility c-.:zstomers shall only be made after the elecwical corporation b.a.s provided notice to the public pur.rum:rc to Section 4.54 of the Public l"tilities C oee. (c) A:::.'f ~:::oc. or proc:::ililg to llt".:lc4 !8View, set aside, vok or annul a de"-=~on. :5ntfuJg, J, decisioJ:. or the P'.lbiic "Ltiliries Commission relating to e!ectic rest"..!C:ur.ng unc.er Cha;lrer 2.3 ::: P:u-:! of Division 1 of the Public Utilities Code and financ<.ng of 1:ra.n$ition costs as dcsc:rJJcd ::: "..-.:,cie 5.5 ofChapte:- 4 ~fP~ 1 ofDivisicn 1 orme Public Utilities Code s'h.i1 be;" "c=or~"-ce with the p:roVW.OIlS ofSe:;oon 1C94.5 orthe Code ofCivilProc=i.urc. In any S"l.lch :octo.:. ::.e vr.:it of ;r.a::.d;ue sD..aiJ. lie !!OJ:ll!:c court of appeals to the Public Utilities C""",m;c"ion. :-~e c:;)= sh. i1 not ex=:se itS ineepe.::de::!t judg=ent but shall only det:emm.e wJ:rJ:.e:- the ::e~e=;-'~on. fnding or dee'.sicn oithe P~lic 'Gtilities CoIIlIilission:s suppcr.ed by subs-..antial ~.,d.cie~c: ~ light of:b.e whole reconi Elec-:::-ic 'C'tilir! CUStomer l'riV:l.C"J Protection Se~Oll 394.1 111e ccn::cie::illlit'1 of r=sicie:ltial and small. co==ial C".!Stome:- information shall be :iillv . . ;>mtce;:::: as provided. by law. No ~ ptOvi~ e!ec.zcity services including an e!e~c CCr:lcI""..tion sil:ill. 'Jrovide in!or:nmiOI1 about :l. :~dc:rtial or small co='.a1 cu.s::Ot:i:.e:" to :mol :hiIti party witho~t the c;qm:ss~.tten consct of the C"mom~. . .. ~ . ,J.() f) - ) tJ AUG, ~ 1. 1998 6: 15PM LEAGUE Or CAL CITIES NO, 2522 p, 8 " Electric Utility Customer Information Sectiou 393 The Public T:tiliries Commission shall require each electric utility or electric service provider to provide SilL:b. inform:ltion or ma.tcriill5 with each utility bill issued to residential !llld small commercial custome;s as the Commissiou det=ines to be uecessaxy to assist ccnsume:rs in obtaining low C:lSt.. higii quality electric service optiOtlli. including electric service options that reduce enviro=enmI impacts such as those that rely ou ren-..ble lll1etgy som:oes and to protect eOllS'J...'ners' mtorrest in all ma.tters concerning safe :md dependable delivery of electric service. Defiuitious Section 330.1 Definitions of Charges Co.) '~c:tili'Y ox" Kbop,d payments" "surcharge", "assessl1umt" or "involuntary payment" me:m tty CO:ltgc :hilt se..""Ve5 to pemrit an electric corporation to recover the value of uneconomic assets i:'Orn =~:lYe:'S. :and includes but is not limited ,0 11 "fi."tc:i =ition amount' ill; clc5ned by Se=;~:o!:. 8..iC(c.), :md t!:.e "competition translcon ch:lrge'" th3.t is the :J.onbypussable charge refeued !O ir.. S~:icns 367 to 376, inclusive. -.. - ..-~,.; uo' "6- I -6- ~ -681 -9- ' Q"Q I ..\. te .. ,---' CJ) !'cr ;".!~cs.!s 0.1. ~l!'~,""ons.J'" ..a.., oJ J _ ,~ ,..., j ., ~ .:, me.....~ . , we !!OS C.lWWLL,\,C ".:.~lit:V"'.. "'~!cc~:: :It!li~ ccto'C~v", and "ele::r:.c corncration" hu;ye the same me~1"Ii'rla as the te:m. ~ .. -". -- ..e~;:;....:c:ll :::~c~tCL:'" as d.efu;.ed in Se:tion 213 ofcile Public l,;tilhies Code. ~!lenl ~f E.:dstinO' Law - " S,,~::cllS ~67,:.l.," 3ci8(ci), 363t7:l) oirhe Public t"cii.ries Cclie = repe:l2ed SECTION 4. I:n:#am.c Integrity Ca) TX:s u: .lbil 1:e or:Jadly c:Jx:s=ec. and applied in oreer to fully promote iTs UIldcrlyi.ng Ft:...~O$<::l, r.ci cO ;e ccr.si>.e:it ';vim the Umtec. States Ccnstimtlon ax:;d the Constitt:1iou oflle S ",-te c f C. H"'-r::ia. r::my proy'~on of this ini1imive conflictS direc:l:' or indi:redy with any ctl:e:.- ~t'C"r.sicr:s onaw, incl1'61l!: bur :lot lli::1ited to the cOSt :ecOVe:-r ::nee""";""'" provided for 'i:v ~ - ~ ~ Seci.cns 307 ;;hrcug)l376 of the Public wtilities Code, or any other statlIte previously =ed by tl:.e legislnt'..Irc, it is thc IDte:lt of the vo= that t:hose other provisions shall be uull :md void to .L,e ex:e::t ."'~. :::.e:' = inccnsiste::t with this icitiative :md are il=by L"e;Jealc:i. i~O) ~io prc-r.s'.c::. :JItllis = =y be ame:llied by the Legislll.tUtC except to fu:rthe:'the PllIpOsc of th~t ?tOvisicn ::y a statUte passed in each house by roll call y'Ole entered in the joumal, two tbixds cf d:.c !n=b=~'p cocC'".lCng. or by a stlltUte that becomes effective only when approved by thc e:ector:u:e. )jo =e"'A"'llet1t by the Legis!n.tute shall be de=cd to furrhe:' the PllIposes of this OJ;t u;:!less it f.ll'"'.t.= the pllIpose of me specIfic provision of this llCt :!l:lt is b~.D.g :u:lenlied. In my ~cic:a! :lC::or_ ':vith r::sp~t :0 :my legislative ome.".d~~t. the court shall. ae:cise its indepe:llienr ':c.:r.::e::: <s ::: '1{ie~e. or not l..ry,e 3IUe:ldme:.t ;;atisfies :he ~equir== of this subsection. 5 . ~ \ ~y-/I AUG.IL199S 6:15PM LEAGUE OF CAL CITIES NO. 2522 P. 9 " (c) If any provision of this ilCt or the application therllOf to any person or circumstancClI is held invalid, that invalidity shall not effi:ct other provisions or applicatioIlS of the act that can be given effect in the llbsence of the invalid provision or application. 1'0 this end, the provisions of this act are severable. (d) It is the will of the People that any legal chaIl~ges to the validity of any provision oftbis act be acted upon by the col.lI".s upon an expedited basis. , 6 . ~tfJp-/.2. Al'G.l1.19986:12PM LeAGUE OF CAL CITIES NO. 2522-P. 3- Date: February 11, 1998 File No.: SA97RF0064 Tile Attorney General of California has prepared the following title and 511ll"m"ry of the chief purpose and points of tile proposed mensure: ELECTRIC UTILITIES. ASSESSMENTS. BONDS. IN1TL~TIVE STATUTE. Prohibits assessment of utility ta.'t. bond paymentS or 5urcharges for payrc.em of COSts of nucle3!' power plants/rela.ted assets. Limits authority of electric companies to recover COSts for non-nuclear generation plants. ProluoiIs is5Wll1CC of rate reduction bom1s and assessments on customers for paym.mt of bond principal, interest and related costs. Provides judicial cevlew of Public Utilities , . I CO:mmlssion dec:sions re!aring to e!ec::r:ic resrrJ.C:=",ng and fiD=ing COSts by writ of mandate. May provide up to 20 % el=ricity rare :ed1=ion for residential and small co=e~cial C"..IStome:::; oi investor owned utilities by January 1, 1999. Restricts customer information dissemination. S;,mm~l"J of esti.ID.e.te by LegislaIive Analyst anc DirectOr of Finance of f.scal impac: on SUte s.::.d local gove.-..me:lts: Tae ner :mpact of the :neas= on = gove== ~/e:lues wouid be =Ulll reve:!ue reductions potemially in the range of $100 million per year from 1998-99 ~u~;, ZOO I-OZ, in. tu.r:l resulting in de"'-llile in the miT1~l'T'I'1 fu.nC.ing guar~: uncie:" P:oposirion 98 for K-14 education bv abOut S50 nilllion after 2001..m. Tae s= would be . - re~uire:i to offse: a portion of local school district losses in property Cl.."tes. resulting from downward assessments of nuclear facilities. Potential scue liabilit"j for deot se:-;ic: on 57 billion in bonds previously issued may result from jndicial. imeqrretation of applicability of m== to tt.ose bonds. Additiollll1 workload may im=ease StaIe "rlm;ni<u-..tive, judicia.!. :md leg->..l COSts of p;:obably less than 55 million "nmmny. The ne: impac: on local governments would b<: re'le:lUe reductions. potentially in the tens Ot millions of dollars annually from 1!798-99 througillOOl-02. Si::lte and loc:l.i gove=ents wou.id reali::e saviogs associated witb. lowe:: utilkj '-ltes, b ~<: te:!S of millions of dollMs annually. ).{JlJ/J3 LAO Analysis of Measures on the November 3,1998 Ballot http://www.lao.ca.gov/november_98_ballot.htm 1 Initiative Statute. Background In 1996 and 1997, the state significantly changed the way the electricity industry is regulated in California. New state laws deregulated the generation of electricity--that is, its actual production. (They did not, however, deregulate the transmission or distribution of electrical power.) These new laws also set up statewide entities to ensure the availability of power and the reliability of the statewide electrical system. Before deregulation, private utilities were able to recover the costs of generating electricity through the rates they charged to their customers, as long as the California Public Utilities Commission (PUC) approved these costs as "reasonable." Under deregulation, the prices that customers pay for electricity will not be set by government-approved rates, but will be determined in the competitive market. The state's "restructuring" of the electricity industry primarily affects the state's private electric utilities. There are three major private electricity utilities in California: Pacific Gas & Electric, San Diego Gas & Electric, and Southern California Edison. There are three main provisions of the restructuring laws that would be affected by this measure. Transition Cost Recovery. Restructuring allows private electric utilities to recover their "transition" costs through surcharges to customers. These "transition" costs (also referred to as "stranded" costs) are defined as the costs of existing power plants that are unprofitable in a competitive energy market. The PUC was required to approve the amount of transition costs the utility companies could recover through surcharges. The transition cost recovery period began January 1, 1998 and ends no later than December 31, 2001. There are some exceptions to this time line, such as (1) certain costs related to the San Onofre nuclear power plants in San Diego County, which can be recovered until December 31, 2003; and (2) costs related to contracts to purchase electricity from certain renewable generation facilities (for example, windmills and solar power) and cogeneration facilities, which can be recovered over the life of the contracts. Required Rate Reduction. The restructuring laws require a 10 percent reduction in electricity rates that were in effect on June 10, 1996 for residential and small commercial customers of the private utilities. This rate reduction was effective January 1, 1998 and continues until the earlier of March 31, 2002, or such time as transition costs have been fully recovered. The Legislature also expressed its intent, but did not require, that a cumulative rate reduction of 20 percent be achieved by April 1, 2002 for these customers. c2tJ P - ) ( 240f32 8/21/983:16 PM LAO Analysis of Measures on the November 3,1998 Ballot http://www.lao.ca.gov/november _98_ balloLhtml Bonds. The restructuring laws also called for the issuance of "rate reduction" bonds. Before the bonds could be sold, the PUC was required to fmd that issuance of the bonds would help provide the 10 percent rate reduction for residential and small commercial customers. The restructuring laws also declare that (I) the bonds are not to be an obligation of the state or any of its political subdivisions and (2) the state will not limit or alter the provisions relating to transition charges and the bond arrangements. In November and December 1997, a total of $6 billion worth of such bonds were sold by a special purpose trust authorized by the state. The bonds are to be paid off through additional charges on the electricity bills of residential and small commercial customers of the private utilities. Proposal This initiative measure modifies the provisions of current law discussed above in the following manner: . Transition Cost Recovery. The measure would not allow private electric utilities to charge customers for the transition costs for nuclear power plants (other than reasonable decommissioning costs). In addition, before the private utilities could charge customers for the transition costs of non-nuclear generation (other than costs associated with renewable electricity generation facilities) the utilities would be required to demonstrate to the PUC that these costs could not be recovered in the competitive market (with a fair rate of return). . Required Rate Reduction. The measure would require at least a 20 percent rate reduction (rather than the 10 percent reduction required in current law) on the total electricity bill for residential and small commercial customers compared to the rates for these customers on June 10, 1996. The rate reduction would begin January I, 1999. (The measure is unclear as to how long this rate reduction would last.) . Bonds. The measure would not allow the utilities to charge customers for the costs of repaying the rate reduction bonds. Legal questions have been raised regarding the application of the measure's provisions to these bonds. For instance, the measure could be interpreted as interfering with a contractual arrangement already entered into with the bondholders. (The state and federal constitutions prohibit impairments of contracts.) At this time, it is not clear whether the measure would have any impact on the repayment of these bonds or, if it did, what the impact would be. The measure also requires certain PUC decisions relating to electric restructuring and the financing of transition costs be referred to the courts of appeal, rather than directly to the California Supreme Court. Fiscal Effect The measure has several provisions that probably would be challenged in the courts. How these issues are ultimately resolved by the courts could significantly affect the fiscal impact ofthe measure. However, as written, the measure could result in significant impacts on state and local government revenues and expenditures. .21) P--13 8/21/983:16 PM 25 of32 . LAO Analysis of Measures on the November 3,1998 Ballot http://www.lao.ca.gov/november_98_ballot.html In estimating the measure's fiscal impacts, a key assumption is the level of stranded assets currently eligible for cost recovery by the utilities but that would not be eligible for recovery under this measure. In order to estimate the potential impacts, we have assumed that stranded costs affected by this measure would approximate the value of the utilities' nuclear-related stranded costs--about $10 billion. State and Local Tax Revenues Impacts on Utilities. With regard to taxes paid by the utilities: . The elimination of transition costs currently collected by the utilities (through billings to customers) would reduce the income to these utilities, which is currently subject to the state bank and corporation tax. This would result in reductions in state tax revenues, potentially up to $200 million annually through 2001-02. In addition, because many local governments levy utility fees based on billings, their revenues would also decline--perhaps by tens of millions of dollars statewide per year through 2001-02. If the inability to recover stranded costs led to an early shutdown of any nuclear plant, there would be further reductions in corporate income taxes. . The measure could also result in a reduction in property tax valuations of nuclear facilities because of the inability of a private utility to recover its stranded costs. Any such reductions would result in unknown losses in local property taxes--potentially in the low tens of millions of dollars annually. Impacts on Utility Customers. With regard to taxes paid by the utilities' customers: . Customers receiving utility rate reductions would have more discretionary income available to save or spend on other goods and services. This could result in state and local governments receiving more revenues from the sales tax. This additional revenue could total in the high tens of millions of dollars annually through 2001-02, of which about three-fourths would go to state government and the remainder to local governments. . The reduction in transition cost payments would lower the energy-related costs of business customers, leading to higher net incomes that would be subject to state corporate and personal income taxes. We estimate that this could result in more tax revenue to the state totaling in the high tens of millions of dollars per year through 2001-02. Summary of Revenue Effects. The net impact of these changes on state government revenues would be annual revenue reductions, potentially in the high tens of millions of dollars annually through 2001-02. The net impact on local governments would be revenue reductions, potentially in the tens of millions of dollars annually through 2001-02. State and Local Expenditures ~j) -II- 8/21/983:16 PlY 26 of32 . . LAO Analysis of Measures on the November 3,1998 Ballot http://www.lao.ca.gov/november_98_ballot.hnnl State Spending on Schools. The measure could affect state spending on schools in two ways. First, the reduction in state revenues (discussed above) could reduce the amounts the state would have to pay schools in future years. This could result in state savings--potentially up to halfthe amount of the annual state revenue losses. Second, the state would alsobe required to offset any local school district losses of property taxes that resulted from any reduction in the property values of nuclear facilities. This would increase state spending on schools. Utility Cost Savings. The state and local governments would realize savings associated with lower utility rates resulting from elimination of transition costs related to nuclear power plants. The savings could be in the tens of millions of dollars annually. State Administrative Costs. The measure could result in additional workload for the PUC and the courts. This would involve activities such as hearings regarding rate reductions and related fair rate of return. The measure could also require additional legal costs associated with cases before the courts of appeal. These costs would probably be less than $5 million annually. Proposition 10 State and County Early Childhood Development Programs. Additional Tobacco Surtax. Initiative Constitutional Amendment and Statute. Background Early Childhood Development Programs. Currently, state and local governments administer a variety of early childhood development programs, such as the Head Start Program, the State Preschool Program, and the Early Mental Health Initiative. In general, these types of programs focus on the social, emotional, and/or cognitive development of young children. Tobacco Taxes. Current state law imposes an excise tax on cigarettes, which amounts to 37 cents for each pack. Of this amount, 25 cents is allocated to the Cigarette and Tobacco Products Surtax Fund (established by Proposition 99 of 1988), 10 cents is allocated for state General Fund purposes, and 2 cents is allocated to the Breast Cancer Fund. Cigarette and Tobacco Products Surtax Fund monies are earmarked for programs to reduce smoking, to provide health care services to indigents, to support tobacco-related research, and to fund resources programs (primarily in the Departments ofFish and Game and Parks and Recreation). The Breast Cancer Fund supports research and services related to breast cancer. 2iPp.// ? 27 of 32 8/21/983:16 PM