HomeMy WebLinkAbout2007/09/18 Item 8
CITY COUNCIL
AGENDA STATEMENT
~f:. CITY OF
-- --- CHULA VISTA
9/18/07, Item~
ITEM TITLE:
RESOLUTION APPROVING THE PARK
AGREEMENT FOR CHULA VISTA TRACT NO. 06-05, OTA Y
RANCH VILLAGE TWO AND PORTIONS OF VILLAGE FOUR,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
RESOLUTION APPROVING THE FINAL "B" MAP
OF CHULA VISTA TRACT NO. 06-05, OT A Y RANCH VILLAGE
TWO NORTH UNIT ONE, APPROVING THE ASSOCIATED
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF THE IMPROVEMENTS; APPROVING THE
ASSOCIATED SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENTS
SUBMITTED BY:
DIRECTOR OF ENGINEERING AND GENERAL SERVICES(j ~
CITY MANAGER 1~~~ \{
ASSISTANT CITY ~\!1bER
4/STHS VOTE: YES D NO ~
REVIEWED BY:
BACKGROUND
On May 23,2006, by Resolution No. 2006-157, Council approved the Tentative Subdivision Map
for ChuIa Vista Tract No. 06-05 for Otay Ranch Village Two and Portions of Village Four
("Tentative Map"). Tonight, Council will consider the approval of the Park Agreement and the
Final "B" Map for Chula Vista Tract No. 06-05, Otay Ranch Village Two North Unit One.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the proposed project
was adequately covered in previously adopted Second-Tier Environmental Impact Report (EIR
02-02) for the Otay Ranch Village Two, Three and Portions of Village Four. Thus, no further
environmental review or documentation is necessary.
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9/18/07, Item~
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RECOMMENDATION
Council adopt the following:
I. Resolution approving the Park Agreement for Chula Vista Tract No. 06-05, Otay Ranch
Village Two and Portions of Village Four, and authorizing the Mayor to execute said
agreement.
2. Resolution approving the Final "B" Map of Chula Vista Tract No. 06-05, Otay Ranch
Village Two North Unit One. Approving the associated Subdivision Improvement
Agreement for the completion of the improvements; approving the associated
Supplemental Subdivision Improvement Agreement, and authorizing the Mayor to
execute said agreements.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Park Agreement
Condition of Approval No. 100 of the Tentative Map required the Developer, Otay Project L.P.,
prior to approval of the first Final "B" Map for Otay Ranch Village 2 project, to enter into an
agreement with the City to provide necessary funds for the preparation of additional site-specific
park master plans and related construction documents in the event the community park's site is
constrained by the waterline fee title parcel and or waterline easement as determined by the
Director of Engineering and General Services.
Therefore, the City Of Chula Vista and Otay Project L.P. have entered into a Community Park
Re-Design Agreement (Exhibit I), requiring that upon thirty (30) days written notice by the
Director of Engineering and General Services or his or her designee, the Developer agrees to
provide Three Hundred Thousand dollars ($300,000) in the form of cash deposit, letter of credit,
or surety bond for the preparation of additional site-specific park master plans and related
construction documents in the event the Community Park Site is constrained by the Waterline
Fee Title parcel and or Waterline Easement as determined by the Director of Engineering and
General Services. The sums provided by said security(ies) may be used by the City for the Re-
design of the Community Park and related construction documents only if the park site is
constrained by the Waterline Fee Title parcel and or Waterline Easement. Upon the Director of
Engineering and General Services certification in writing that the Community Park Re-design
has been completed, and that all related costs 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 security(ies) and the Agreement.
Final "B" Map
Otay Ranch Village Two North Unit One is a 79.85-acre project ("Project") generally located
south of Olympic Parkway, east of Heritage Road and west of La Media Road. The "B" map for
Otay Ranch Village Two North Unit One consists of 258 numbered lots for single-family
dwelling units, two numbered lots with maximum of 42 residential condominium units, and 50
lettered lots for open space and other public purposes. (See Exhibit 2).
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9/18/07, Item~
Page 3 of 4
The final map has been reviewed by the Engineering and General Services, and Public Works
Departments and found to be in substantial conformance with the approved Tentative Map.
Approval of this map constitutes acceptance by the City of the wall easements, sight visibility
easements, assignable and irrevocable general utility and access easements, acknowledgement of
an Irrevocable Offer of Dedication of Fee Interest of various lots for open space purposes and
acceptance on behalf of the public of all public streets and alleys granted within this subdivision.
Otay Ranch JC R-5, LLC, Otay Ranch Seventeen, LLC, Otay Ranch JC R-9, LLC, Otay Ranch
II Sun 6/8, LLC, Otay Ranch JC R-6, LLC, Otay Ranch JC R-7, LLC, and Otay Project L.P. as
subsequent and current owners of the Otay Ranch Village Two North Unit One has executed the
appropriate Subdivision Improvement Agreement, providing bonds to secure the construction of
onsite facilities within the subdivision and Supplemental Subdivision Improvement Agreement,
which address several outstanding conditions of approval of the Tentative Map that will remain
in effect and run with the land for the map.
Affordable Housing
Condition of Approval No. 151 for the Otay Ranch Village Two, Three and a portion of Four
Tentative Subdivision Map, Chula Vista Tract 06-05 ("Village 2"), requires that the Developer enter
into an Affordable Housing Agreement ("Agreement") with the City of Chula Vista prior to
approval of Developers' first Final "B" Map for Village 2. The Agreement shall be in accordance
with the Chula Vista Housing Element, the Ranch Wide Affordable Housing Plan and the Village 2
Affordable Housing Plan.
The Developer and City staff are working on finalizing the Agreement which will specifY a program
to provide approximately 139 units affordable to low income households and 139 units affordable to
moderate income households within Village 2.
Staff is recommending that Condition No. 151 of the Supplemental Subdivision Improvement
Agreements for Otay Ranch Village Two North Unit One & R-14, which requires execution of the
Affordable Housing Agreement prior to the first Final "B" Map, be modified. The modified
condition will allow the Final B Maps for Otay Ranch Village Two North Unit One & R-14 to
move forward at this time without entering into the Agreement.
To ensure execution of the Agreement to provide affordable housing opportunities within Village
2, the City proposes modifYing Condition No. 151 to require all property owners within Village
2 to execute the Agreement prior to issuance of the 126th production building permit for Village
2, including Otay Ranch Village Two North Unit One and Village Two Area R-14. The
Agreement shall stipulate that all property owners acknowledge the requirement to provide that
50% of the total number of qualified low income and moderate housing units shall be
constructed prior to the issuance of the 1,393 production building permit for Village 2.
Parks Obligations
The Developer has paid all Park Acquisition and Development (PAD) fees associated with the
Otay Ranch Village Two North Unit One "B" Map.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no such holdings
within 500' of the boundaries of the property which is the subject of this action.
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FISCAL IMP ACT
There is no impact to the General Fund. The Developer has paid all fees and other costs
associated with the proposed project.
Exhibit 3:
Exhibit 4:
Exhibit 5:
A TT ACHMENTS
Exhibit 1: Park Agreement
Exhibit 2: Plat of Otay Ranch Village 2 and Portions of Village 4 North Unit 1, Chula Vista
Tract No. 06-05
Developer's Disclosure Statement
Subdivision Improvement Agreement
Supplemental Subdivision Improvement Agreement
Prepared by: Boushra Salem, Senior Civil Engineer. Engineering and General Services Department
J:\Engineer\Landdev\ProjectsIOtay Ranch Village 2\OR811F OR812F _V 2 North Units 1 & 2 FM\CAS OR V2 North Unit 1 rev2_doc
8-4
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated:
CJ~jL-I ~ 07
Agreement Between the City of Chula Vista
and
Otay Project L.P.
for Otay Ranch Village Two and a Portion of Village Four,
CVT 06-05 Community Park Re-Design Agreement
8-5
Recording Requested by:
CITY CLERK
EXHIBIT
" ~
I
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
(Exempt from Recording Fees Pursuant to Government Code Section Nos. 6103 and 27383)
File No: AB-098/AC-188.
OR-811F
OTAY RANCH VILLAGE TWO
AND A PORTION OF VILLAGE FOUR, CVT 06-05
COMMUNITY PARK RE-DESIGN AGREEMENT
(Condition 100 of Resolution No. 2006-157
for Otay Ranch Village Two and
a Portion of Village Four, CVT 06-05)
This agreement ("Agreement") is entered into this day of
, 2007 and effective as of the date last executed by
the parties (the "Effective Date"), by and between the City of
Chula Vista, a California Municipal Corporation ("City"), and Otay
Project L.P., A California Limited Partnership ("Developer"), with
reference to the facts set forth in the below Recitals, which
Recitals constitute a part of the Agreement:
RECITALS
A. Developer owns 11.5 acres of land, Lots 12 & 25 of Chula
Vista Tract No. 06-05 Otay Ranch Village 2 and Portions of Village
4 "A" Map, according to Map thereof No. 15350, filed in the Office
of the County Recorder of said County, May 26, 2006 located South
of Olympic Parkway, North of Santa Victoria Road and East of
Heritage Road, as more particularly described in Exhibit "A" (the
"Property Legal Description") attached hereto and incorporated
herein by this reference, and as shown on Exhibit "A-I" (the
"Property Location") attached hereto for references purposes only.
B. On May 23, 2006, the Chula Vista City Council adopted the
amendment to the Otay Ranch General Development Plan (GDP) by
Resolution 2006-155.
C. On May 23, 2006, the Chula Vista City Council, pursuant
to Resolution No. 2006-154 and in accordance with the California
Environmental Quality Act ("CEQA"), certified the Final Second
Tier Environmental Impact Report for Otay Ranch Village Two,
Three, and a Portion of Village Four Sectional Planning Area
("SPA") Plan and Tentative Map ("FEIR # 02-02" or "EIR"), made
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8-6
certain Findings of Fact, adopted a Statement of Overriding
Considerations, and adopted a Mitigation Monitoring and Reporting
Program.
D. On May 23, 2006, the City Council approved a Tentative
Tract Map for Otay Ranch Village Two and a Portion of Village Four
by Resolution 2006-l57(~CVT 06-05 Tentative Subdivision Map" or
~Tentative Map") (the ~Project").
E. Condition of Approval Number 100 of the CVT 06-05
Tentative Subdivision Map, as more particularly set forth on
Exhibit "C" attached hereto and incorporated herein by this
reference, requires the Developer to enter into an agreement with
the City prior to the approval of the First Final ~B" Map for the
Project, to provide necessary funds for the preparation of
additional site-specific park master plans and related
construction documents in the event the community park site is
constrained by the waterline fee title parcel and or waterline
easement. Said funds shall include and not be limited to re-
design, project management, staff time and overhead, above and
beyond the funds related to Developer's parkland development fee
obligation, for the re-design of the Community Park. The
Developer shall provide a surety bond, or other form of security
in an amount as determined by the Director of General Services.
NOW, THEREFORE, in exchange
covenants, terms and conditions
agree as set forth below.
for the mutual consideration,
contained herein, the parties
1. Defined Terms. As used herein, the following terms shall mean:
1.1 "Community Park" - Parcel P-4a, 40.4 acres of land as
shown on the approved Tentative Map, and as shown on Exhibit
"B" (~Communi ty Park Site") attached hereto for reference
purposes only.
2.1 "Waterline Fee Title Parcel" - Parcel P-4b, 1.4 acres of
land as shown on the approved Tentative Map, and as shown on
Exhibit "B".
3.1 "Waterline Easement" - Parcel P-4c, 2.8 acres of land as
shown on the approved Tentative Map, and as shown on Exhibit
"B".
2. Condition No 100 - In satisfaction of Condition No. 100 of
the Project's Tentative Map, the Developer agrees to the
following:
2.1 Performance Obligation.
represents to the City that
developer for the Project and
Developer hereby warrants and
it is acting as the master
expressly assumes performance
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of all obligations of this Agreement. Notwithstanding the
foregoing, all parties to this Agreement acknowledge and
agree that all such obligations remain a covenant running
with the land as set forth more particularly in paragraph 3.2
below. Developer further recognizes and acknowledges that the
City in its discretion may execute on bonds securing the
obligations contained herein to the extent necessary to
complete any unfulfilled obligations of the Developer.
2.2 Community Park Re-design Funding. Upon thirty (30) days
written notice by the Director of General Services, or his or
her designee, Developer agrees to provide Three Hundred'
Thousand dollars ($300,000) in the form of cash deposit,
letter of credit, or surety bond as identified in Section 2.3
for the preparation of additional site-specific park master
plans and related construction documents in the event the
Community Park Site is constrained by the Waterline Fee Title
parcel and or Waterline Easement as determined by the
Director of General Services. Developer agrees that said
funds shall include and not be limited to re-design, project
management, staff time and overhead, above and beyond the
funds related to applicant's parkland development fee
obligation, for the re-design of the Community Park.
2.3 Bonding. As provided in Section 2.2, upon the thirty
(30) days written notice by the Director of General Services,
or his or her designee, the Developer hereby agrees to
furnish and deliver to the City, at Developer's sole cost and
expense, a Performance Bond as shown as Exhibit "0" or other
form of security as determined by the Director of General
Services in the amount of Three Hundred Thousand dollars
($300,000) from a surety company or financial institiution
approved by the City for the purpose of guaranteeing the
Developer's obligations as set forth herein. Said bond or
other form of security shall be in full force and effect for
the full period of the Developer's obligations as set forth
herein. The Developer shall provide the City with said bond
or other form of security in triplicate in accordance with
the provisions of this Agreement.
2.3.1 Developer acknowledges and agrees that the sums
provided by said security(ies) may be used by the City
for the Re-design of the Community Park and related
construction documents only if park site is constrained
by the Waterline Fee Title parcel and or Waterline
Easement. Developer also agrees that the City may take
any and all actions necessary, in order to obtain the
funds necessary for completion of the Community Park Re-
design and related construction documents. Upon the
Director of General Services certification in writing
that the Community Park Re-design has been completed,
and that all related costs are fully paid, the whole
amount, or any part thereof not required for payment
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thereof, may be released to the Developer or its
successors in interest, pursuant to the terms of the
securi ty (ies) and this Agreement. Developer agrees to
pay to the City any difference between the total costs
incurred to complete the Community Park Re-design and
related construction documents, and any proceeds from
the security(ies).
2.4 Developer's Costs and Expenses. It is also expres sly
agreed and understood by the parties hereto that in no case
will the City, or any department, board, Councilmernber,
employee or officer thereof, be liable for any portion of the
costs and expenses to complete the Community Park Re-design
and related construction documents.
3. Successors - Release
3.1. 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
real property, described herein as the Project, until
released by the mutual consent of the parties or as otherwise
provided in the Agreement.
3.2 Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the
benefi t of the proj ect and the City, its successors and
assigns and any successor in interest thereto. City is
deemed the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the
community and other parties public or private, in whose favor
and for whose benefit of such covenants running with the land
have been provided without regard to whether City has been,
remained or are owners of any particular land or interest
therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to
maintain any actions or suits at law or in equity or other
proper proceedings to enforce the curing of such breach to
which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
4. DEFAULT BY DEVELOPER:
4.1 Default. Developer shall be in default of this Agreement
if: Developer refuses or fails to meet the Developer's
obligations herein, or any written extension thereof, or if
Developer should be adjudged bankrupt, make a general
assignment for the benefit of creditors, or if a receiver
should be appointed on account of Developer's insolvency, or
if Developer violates any of the provisions of this
Agreement, or if Developer fails to make prompt payment to
meet the Developer's obligations herein, or if Developer
disregards laws, ordinances, or instructions of City.
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4.2 Notice of Default. City may thereafter serve written
notice upon the Developer and Developer's surety or financial
institution of its intention to declare this Agreement in
default. Said notice shall contain the reasons for such
intention to declare a default. Unless, within ten (10) days
after the service of such notice, such violations shall cease
and satisfactory arrangements for the corrections thereof be
made, this Agreement shall upon the expiration of said time
be in default. Upon such default, City shall serve written
notice thereof upon the surety or financial institution and
Developer, and the surety or financial institution shall have
the right to take over and perform this Agreement. If the
surety or financial institution does not, within fifteen (15)
days after the serving upon it of a notice of a default, give
City written notice of its intention to take over and perform
the obligations under this Agreement or does not commence
performance thereof within thirty (30) days from the date of
City's notice, City may prosecute the same to the extent of
completion it deems necessary at the expense of Developer,
and the surety or financial institution shall be liable to
City for any cost or other damage occasioned City thereby.
Should surety or financial institution fail to take over and
diligently perform the obligations under this Agreement upon
Developer's/Principal's default, surety or financial
institution agrees to promptly on demand deposit with City
such amount as CITY may reasonably estimate as the cost of
completing all of Developer's obligations. For any such
obligation the City elects to complete by furnishing its own
employees, materials, tools, and equipment, City shall
receive reasonable compensation therefor, including costs of
supervision and overhead. The foregoing provisions are in
addition to and not in limitation of any other rights or
remedies available to City.
5. Miscellaneous Provisions.
5.1 Attorneys' Fees. In the event that either party
commences litigation for specific performance or damages for
breach of this Agreement, the prevailing party shall be
entitled to a judgment against the other for an amount equal
to reasonable attorneys' fees and court costs incurred. The
prevailing party shall be deemed to be the party who is
awarded substantially the relief sought
5.2 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 Developer's obligations described herein. Developer
further agrees to indemnify, protect and hold the City, its
officers and employees, harmless from any and all claims,
Page 5
8-10
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
Developer's obligations described herein. The approved
improvement securities referred to above shall not cover the
provisions of this paragraph. The approval of plans for the
Developer's obligations described herein and any related
improvements shall not constitute the assumption by City of
any responsibility for any damage or taking, nor shall City,
by said approval, be an insurer or surety for the Developer's
obligations described herein and any related improvements.
The provisions of this paragraph shall become effective upon
the execution of this Agreement and shall remain in full
force and effect regardless of the City's acceptance of any
plans as described herein.
5.3 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 and any and
all other prior or contemporaneous oral or written agreements
are hereby superseded. This Agreement may be amended, but
only pursuant to a written amendment properly authorized and
executed by both parties hereto.
5.4 Compliance with Laws. In the performance of its
obligations under this Agreement Developer shall comply with
any and all applicable federal, state and local laws,
regulations, policies, permits and approvals.
5.5 Term. This agreement shall remain in effect for sO
long as either party has executory obligations hereunder.
5.6 Recording. The parties hereto shall cause this
Agreement to be recorded in the Official Records of the
County of San Diego.
5.7 Assignment. Upon request of the Developer, any
obligations set forth herein may be assigned to Developer's
successor in interest if the City Manager in his/her sole
discretion determines that such an assignment will not
adversely affect the City's interest. The City Manager in
his/her sole discretion may, if such assignment is requested,
permi t a substitution of securities by the successor in
interest in place and stead of the original securities
described herein sO long as such substituted securities meet
the criteria for security as set forth elsewhere in this
Agreement. Such assignment will be prepared by Developer or
its successor in interest and be in a form approved by the
City Attorney.
?age 6
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5.8 Authority of Signatories. 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 and/or other actions have been taken so as to
enable it to enter into this Agreement.
5.9 Termination. Upon the termination of this
Agreement at the request of Developer or any successor in
interest who owns any portion of the Project encumbered by
this Agreement, the City shall execute an instrument,
prepared by Developer or its successor in interest and
approved in form by the City Attorney and in content by the
City Manager, in recordable form which evidences the
termination of this Agreement and confirms the release of the
Project from the encumbrance of this Agreement.
5.10 Force Majeure Except with respect to any obligation
to pay money or post securities when due, no party hereto
shall be liable for any delay or failure to perform this
agreement caused by Force Majeure. As used herein, the term
Force Majeure shall mean acts of God; strikes; walkouts;
labor disputes or disturbances; war; blockage; insurrection;
riot; earthquakes; typhoons; hurricanes; floods; fires;
explosions; or other similar circumstances beyond the
reasonable control of such party. In the event of Force
Majeure likely to cause any such delay or failure, the
parties suffering such Force Majeure shall give notice to the
other party hereto, stating the particulars of such Force
Majeure and shall to the extent it is capable of doing so,
remove such cause with all reasonable dispatch, except that,
nO party shall be required to settle any strike, walkout,
labor dispute or disturbance by acceding to the demands of
the opposing party when such course is deemed inadvisable by
such party.
[Remainder of page intentionally left blank]
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(Signature Page One of Two Pages)
OTAY RANCH VILLAGE TWO
AND A PORTION OF VILLAGE FOUR, CVT 06-05
COMMUNITY PARK RE-DESIGN AGREEMENT
(Condition 100 of Resolution No. 2006-157
for Otay Ranch Village Two and
a Portion of Village Four, CVT 06-05)
IN WITNESS WHEREOF, the parties have entered into this
Agreement as of the day and year first above written.
CITY OF CHULA VISTA
A Municipal Corporation
By:
Cheryl Cox, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
J;\Attorney\MichaelSh\Village 2\AGT-TMCondlOQ-CPMasterPlanDesignAgreement-Final.DOC
Page 8
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(Signature Page Two of Two Pages)
OTAY RANCH VILLAGE TWO
AND A PORTION OF VILLAGE FOUR, CVT 06-05
COMMUNITY PARK RE-DESIGN AGREEMENT
(Condition 100 of Resolution No. 2006-157
for Otay Ranch Village Two and
a Portion of Village Four, CVT 06-05)
OTAY PROJECT L.P.,
A California Limited Partnership,
BY: ORIOLE MANAGEMENT , LLC,
a California limited liability company,
its General Partner,
BY:
(Name of Signer)
Date
TITLE:
(of Signer)
(Attach Notary Acknowledgment)
(Attach Corporate, Company and/or Partnership Signature Authority)
Page 9
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LIST OF EXHIBITS
Exhibit A - Property Legal Description
Exhibit A-l - Property Location Plat
Exhibit B - Community Park Site
Exhibit C - Condition No. 100 of CVT 06-05 Tentative Map
Exhibit D - Performance Bond
Page 10
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EXHIBIT "A"
PROPERTY LEGAL DESCRIPTION
Being Lots 12 and 25 of Chula Vista Tract No. 06-05 Otay Ranch
Village 2 and Portions of Village 4 "A" Map in the City of Chula
Vista, County of San Diego, State of California, according to Map
thereof No. 15350, filed in the Office of the County Recorder of San
Diego County on May 26, 2006 as File No. 2006-0375303 of Official
Records.
Page 11
8-16
EXHIBIT "A-l"
PROPERTY LOCATION PLAT
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EXHIBIT
"B"
COMMUNITY PARK SITE
(As per Approved Tentative Map, dated 5/9/06)
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8-18
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EXHIBIT "e"
CONDITION NO. 100 OF
CVT 06-05 TENTATIVE MAP APPROVAL
(Resolution No. 2006-157)
OTAY RANCH VILLAGE TWO
AND A PORTION OF VILLAGE FOUR, CVT 06-05
COMMUNITY PARK RE-DESIGN AGREEMENT
100. Prior to the First B Map for the Project, the Applicant shall
enter into an agreement with the City to provide necessary
funds, for the preparation of additional site-specific park
master plans and related construction documents in the event
the community park's site is constrained by the waterline fee
title parcel and or waterline easement as determined by the
Director of General Services. Said funds shall include and
not be limited to design, project management, staff time and
overhead, above and beyond the funds related to applicant's
parkland development fee obligation, for the design of the
community park. Said agreement shall be in a form approved by
the City Attorney. Prior to the first B Map, the Applicant
shall provide a surety bond, or other form of security in an
amount as determined by the Director of General Services, to
guarantee said additional funds.
Page 14
8-19
EXHIBIT "D"
Bond No.
OTAY RANCH VILLAGE TWO
AND A PORTION OF VILLAGE FOUR, CVT 06-05
COMMUNITY PARK RE-DESIGN AGREEMENT
PERFORMANCE BOND
We, OTAY PROJECT L.P., a California Limited Partnership, as
Principal, and , as Surety, jointly and
severally, firmly bind ourselves, our heirs, representatives,
successors and assigns, as set forth herein, to the City of Chula
Vista ("CITY") for payment of the penal sum of Three Hundred
Thousand U.S. Dollars ($ 300(000). CITY and Principal have entered
into an agreement, or are about to enter into the agreement
attached hereto and incorporated herein by this reference, for THE
PREPARATION OF ADDITIONAL SITE-SPECIFIC PARK MASTER PLANS AND
RELATED CONSTRUCTION DOCUMENTS FOR THE OTAY RANCH VILLAGE TWO AND A
PORTION OF VILLAGE FOUR ("CVT 06-05 TENTATIVE SUBDIVISION MAP" OR
"TENTATIVE MAP") COMMUNITY PARK SITE, IN ACCORDANCE WITH CITY
COUNCIL RESOLUTION 2006-157. Surety herein approves of the terms
and conditions of said agreement and binds itself to faithfully
perform the obligations of Principal therein if Principal fails to
so perform. Surety acknowledges that the agreement herein
referenced shall be that document as executed by CITY and
Principal.
The condition of this obligation is such that if the Principal
shall in all things stand to and abide by, and well and truly keep
and perform all of the covenants, conditions, obligations and
provisions in said agreement, and any alteration thereof made as
therein provided, on Principal's part to be kept and performed at
the time and in the manner therein specified, and shall indemnify
and save harmless CITY, and their consultants, and each of CITY'S
officials, directors, officers, employees, and agents, as therein
stipulated, then this obligation shall become null and void;
otherwise, it shall be and remain in full force and effect.
Surety agrees that should it fail to takeover and diligently
perform the agreement upon Principal's default after notice and
within the time specified in the agreement, Surety shall promptly
on demand deposit with CITY such amount as CITY may reasonably
estimate as the cost of completing all of Principal's obligations.
Surety's obligation for payment herein shall extend
notwithstanding any controversy between Principal and CITY
regarding Principal's failure under the agreement should be
conclusively presumed between the parties herein to relieve, as
demanded, Surety's obligations herein and shall be deemed proper
payment as between Principal and Surety.
Page 15
8-20
Surety agrees that no change, extension of time, alteration,
or addition to the terms of the agreement, or the obligations to be
performed thereunder or the plans and specifications, or any
matters unknown to Surety which might affect Surety's risk shall in
any wise affect its obligation on this bond, and it does thereby
waive notice thereof.
Principal and Surety agree that if the CITY is required to
engage the services of an attorney in connection with the
enforcement of this bond, each shall pay CITY'S reasonable
attorneys' fees incurred, with or without suit, in addition to the
above sum.
the
IN WITNESS WHEREOF, this instrument
Principal and Surety above named,
, 20
has been duly executed by
on this day of
Principal:
Approved As To Form:
OTAY PROJECT L. P . ,
A CALIFORNIA LIMITED PARTNERSHIP
City Attorney
BY: ORIOLE MANAGEMENT , LLC,
a California limited liability company,
its General Partner,
BY:
(Name of Signer)
Date
TITLE:
(of Signer)
Surety Company:
Name of Surety Company
Address of Surety Company
Surety Company Authorized Representative
BY
Attorney-in-Fact
Surety Corporate Seal
[Above signatures must be notarized]
[No substitution or revision of this bond form will be accepted]
Page 16
8-21
EXHIBIT 2.
CHULA VISTA TRACT NO. 05-09
OTAY RANCH
VILLAGE 2 UNIT NO. 1 NORTH
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HUNSAKER
& ASSOCIATES
S ^ N DIE C O. I Ii C.
PL.l,NNINC
ENQNHll.INC
SUR.VEY1NG
10179 Huemekens Street
S~n Dieio, Ca 92121
PH{B58)558-4500. FX(858ls58.1414
EX CITY COUNCl -UNfT 1 NORTH.DWG Se -06-2007:09:21
8-22
EXHIBIT
\1 \1
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Disclosure Statement
Pursuant to Council Po/icy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement af disclosure of certain ownership or financial
interests, payments, or campaign contributions for a Cay of Chula Vista election must be nled. The foilowing information
must be disclosed:
1. Ust the names of ail persons having a nnancial interest in the property that is the subject of the application or the
contract, e.9., owner, applicant, contractor, subcontractor, material supplier.
Otav Proiect L.P.
2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a $2000 investment in the business (corporation/partnership) entity.
James P. Baldwin
A1FTP~ F R~lA~n
3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
4. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this maller.
James P. Baldwin
Alfred E. Baldwin
lr.ll"" Y'i l1n::lT1rgr
Joseph Giedeman
Brian Canaris
M'~Tr T rnT.:::l!t'n
5. Has any person" asscciated with this contract had any financial dealings wah an official- of the City of Chula
Vista as a relates to this contract wahin the past 12 months. Yes_ No-Z-
If Yes, briefiy describe the nature of the nnancial interest the official- may have in this contract.
6. Have you made a contribution of more than $250 wahin the past twelve (12) months to a current member of the
Chuia Vista City Council? No~ Yes _ If yes, which Council member?
8-23
~
./
7. Have you provided more than $340 (or an item of equivalent value) to an official<< of the City of Chula Vista in the
past twelve (12) months? (This Includes being a source of income, money to retire a legal debt, gift, ioan, etc.)
Yes _ No---X-
If Yes; which official"''' and what was the nature of item provided?
Date ~ 17r 1<<;7
.Tn~pph (:.; PtlPTD:>In r n;rpl""rnr nf Construction
Print or type name of Contractor/Applicant
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
..
Official Includes, but Is not limited to: Mayor, Council member, Chula Vista Redevelopment Corporation member,
Planning Commissioner, member of a board, commission, or committee of the City, employee, or staff members.
September 8, 2006
8-24
(
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THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Cit ey
Dated:
'7- )'-!~()7
Subdivision Improvement Agreement
Between the City of Chula Vista,
Otay Ranch IC R-5, LLC, Otay Ranch Seventeen, LLC,
Otay Ranch IC R-9, LLC, Otay Ranch II Sun 6/8, LLC
Otay Ranch IC R-6, LLC, Otay Ranch IC R-7, LLC, and
Otay Project L.P.
for Otay Ranch Village Two North Unit one (CVT 06-05)
8-25
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
EXHIBIT 4
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
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of ,2007, by and
between THE CITY OF CflliLA VISTA, a municipal corporation, hereinafter called "City",
Otay Ranch JC R-5, LLC, Otay Ranch Seventeen, LLC, Otay Ranch JC R-9, LLC, Otay Ranch
II Sun 6/8, LLC, Otay Ranch JC R-6, LLC, Otay Ranch JC R-7, LLC, and Otay Project L.P., 610
West Ash Street, Suite 1500, San Diego, CA, hereinafter called "Subdivider" with reference to
the facts set forth below, which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City ofChula Vista
for approval and recordation, a [mal subdivision map of a proposed subdivision, to be known as
Otay Ranch Village Two North Unit One (CVT 06-05) pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18
of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision
map; and
WHEREAS, the Code provides that before said map is finally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the
improvements and/or land development work required by the Code to be installed in
subdivisions before [mal maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the improvements and/or land development work required in
said subdivision within a definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
-1-
8-26
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 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. 2006-157, approved on the
23rd day of May, 2006 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said improvement work have been prepared and submitted to the City Engineer, as
shown on Drawing Set 06063 inclusive on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said improvements
according to said plans and specifications has been submitted and approved by the City in the
amount of THREE MILLION SIX HUNDRED SIXTY THOUSAND THREE HUNDRED
TWO DOLLARS AND NO CENTS ($3,660,302.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
I. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the improvement
and/or land development work required to be done in and adjoining said subdivision, including
the improvements described in the above Recitals ("Improvement Work"); and will furnish the
necessary materials therefore, all in strict conformity and in accordance with the plans and
specifications, which documents have heretofore been filed in the Office of the City Engineer
and as described in the above Recitals this reference are incorporated herein and made a part
hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
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
-2-
8-27
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said improvements or the portion thereof serving said building or structures approved by the
City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of ONE MILLION
EIGHT HUNDRED THIRTY THOUSAND ONE HUNDRED FIFTY ONE DOLLARS AND
NO CENTS ($1,830,151.00),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 ofChula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of ONE MILLION
EIGHT HUNDRED THIRTY THOUSAND ONE HUNDRED FIFTY ONE DOLLARS AND
NO CENTS ($1,830,151.00) to secure the payment of material and labor in connection with the
installation of said improvements, which security is attached hereto, marked Exhibit "B" and
made a part hereof and the bond amounts as contained in Exhibit "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 SIXTY
THOUSAND DOLLARS AND NO CENTS (52,000.00) 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 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
-3-
8-28
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
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
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements
constructed pursuant to this agreement; provided, however, that said acceptance shall not
constitute a waiver of defects by City as set forth hereinabove.
]3. 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 property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the improvements as provided herein. It shall also extend to damages resulting
from diversion of waters, change in the volume of flow, modification of the velocity of the
water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
-4-
8-29
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
-5-
8-30
SIGNATURE PAGE ONE OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
OTA Y RANCH VILLAGE TWO NORTH UNIT ONE
(CVT 06-05)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
Cheryl Cox,
Mayor of the City ofChula Vista
ATTEST:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
-6-
8-31
SIGNATURE PAGE TWO OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
OTA Y RANCH VILLAGE TWO NORTH UNIT ONE
(CVT 06-05)
OTA Y RANCH JC R-5, LLC, A California limited Liability Company,
By:
By:
Title:
Title:
OT A Y RANCH SEVENTEEN, LLC, A California limited Liability Company,
By:
By:
Title:
Title:
OTA Y RANCH JC R-9, LLC, A California limited Liability Company,
By:
By:
Title:
Title:
-7-
8-32
OT A Y RANCH II SUN 6/8, LLC, A California limited Liability Company,
By:
By:
Title:
Title:
OT A Y RANCH JC R-6, LLC, A California limited Liability Company,
By:
By:
Title:
Title:
OTA Y RANCH JC R-7, LLC, A California limited Liability Company,
By:
By:
Title:
Title:
OTA Y PROJECT L.P., A California limited partnership,
By:
By:
Title:
Title:
(Attach Notary Acknowledgment)
-8-
8-33
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount:
$1,830,151.00
Exhibit "B"
Improvement Security - Material and Labor:
Form: Bond
Amount:
$1,830,151.00
Exhibit "C"
Improvement Security - Monuments:
Form: Bond
Amount:
$52,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of tbe
Subdivision Improvement Agreement.
J:\Engineer\LanddevIProjects\Otay Ranch Village 2\OR811F OR812F _V 2 North Units I & 2 FM\SLA.doc
-9-
8-34
Pi LE 0 {L 0 /I J-
EXHIBIT" A II
exe<;:uted in triplicate
FileNo OICR ,,~
Bond No.: SU5023562
Prernium: $54,905.00
BOND FOR FAITHFUL PERFORl'1Al~CE
(To Be Used With Construction Pennit)
WHEREAS, the City of Chula Vista., Cmmty of San Diego, State of California., has issued to
Kane Df'velopment, Jne (hereinafter "Principal")
Construction Permit No. (hereinafter referred to as "Permit") for the public improvement
work as set forth in more detail on City of Chula Vista Draw:ng Nos. 06063-01 through 06063-20 "
regarding construction of certain public lmprovements for the project known as
Otay Ranch Village 2 North Unit 1 Improvements (OR-8Un . which
Permit is hereby referred to and made a part hereof; and,
WHEREAS, said Principal is required under the terms of said Permit to furnish a bond for faitbful
performance of said public improvement work.
NOW THEREFORE, we, the Principal and Arch Insurance Companv
a corporation of the State of
Missouri , (hereinafter "Surety"), are held and firmly bound unto the City of Chula Vista., a
municipal corporation (hereinafter "City") in the County of San Diego, State of California., and to and for the benefit of
any and all persons who may suffer damages by breach of the conditions hereof in the penal sum of
One Million Eight Hundred Thirty Thous,md One HundlTed Fifty One dollars, ($ 1.830.151. 00 )~ lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors
and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above- bound Principal, his or its heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the
terms of said Permit and any alteration thereof made as therein provided, on his or their part, to be kept and
performed at the time if" J :(1 the manner therein specified, and in accordance with ordinances and standards ..t :he
City in force at the time of such construction, and in all respects according to their true intent and meaning and shall
indemnifY and save harrnless City, its officers, a"oents and employees, as therein stipulated, then this obligation shall
become null and void; otherwise, it shall be and remain in full force and effect
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be
included costs and reasonable expenses and fees, and including reasonable attorney's fees, incurred by City in
successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms
of said Permit or to the work to be performed thereunder or the specifications accompanying the same shall in
anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Permit or to the work or to the specifications.
In addition to the acts bonded for pursuant to the Permit incorporated above, the follo,ving acts and
performances are additionally subject to the terms of this bond:
8-35
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IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,
on June 28th 2007
By
Arch Insurance Company
Name of Surety Company
By ~..e/ ~/267/
J~e Kepner, Attorney-in-Fact
Kane Development, Inc.
Name ofprincipal (App"
/\
By
135 No Los Robles Avenue, Suite 825
Address of Surety Company
SU5023562
Bond/Policy No.
Pasadena
City
CA
State
91101
Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
M-.&"
J:\EngineeDLANDDEV\Fonns-OfficiaI\Bonds\Bond Faith Perf Constr Permit.DOC
8-36
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~~~~~~~..&"~~~~...eoc-~~~.0t'~~~~..?X:-~~~.&"~~-<K'~~,e("...0;:
personally
appeared
} ss.
State of California
County of C~I'\~ f
On 3U\'\.L ~ I ).cciJ before
Date
me,
~rsonally known to me
---....--------------1
TERESA LYNJlI MORGAN
Ja- commlulon # 17300U
S -. NOtary PubI\C - CaUfomla I
I o,ange county i
J. _ . _ . _MJ~~~~~_l_
o pl6v.....a Lv Ill\,,; 611 tl.c, Basis gf ~AtiEifa8tElry @1:i99Rg9
to be the person<,zj whose namelJ) is/afe subscribed
to the within instrument and acknowledged to me that
he/sJife/thfy executed the same in his/t)6r/t~r
authorized capacity(~), and that by his/l}I:>r/tfylir
signature(11l on the instrument the person(pl, or the
entity upon behalf of which the person(9l" acted,
executed the instrument.
WITNESS my hand and official seal.
~.t1i4.~,,;::~~
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Place Notary Seal Above
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name:
o individual
o Corporate Officer - Title(s):
o Partner - 0 limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~~~~~~~~~~~~~~~'Q(;..-g;,.~~~~~~~~~~~~~
1tl2004 National Notary Association' 9350 De Soto Ave., P.O. Box 2402' Chatsworth, CA 91313-2402 Item No. 5907 Reorder. Call Toll-Free 1--800-876-6827
8-37
State of California
County of Orange
ACKNOWLEDGEMENT
On
JUN 2 8 Z007
before me, Jeri Apodaca, Notary Public
(here insert name and title of the officer)
personally appeared Jane Kepner
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose
name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the insTlr :~I - - - - - - - - - - f
~ JERI APODACA
WITNESS my hand and official seal. " -, Comml<slon # 1693703
~ . -e; . Notary Public - California ~
~. Orange County f
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cr6~.a,_M,
Signature
(Seal)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TlTLE(S)
D LIMITED
o GENERAL
o PARTNER(S)
o
o
o
o
ATTORNEY-iN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GE 1/06
8-38
FRP
EXHIBIT (l~tI
~rA li7ilr
- ~-':!..! YlielJ
p;cc'
OIL? TIT
<
,
File No 0 e 8/ U.
Bond No.: SU5023562
Premium: included in premium
charge for Performance Bond
BOND FOR MATERIAL AND LABOR
(To Be Used With Construction Permit)
WHEREAS, the City Gf Chula Vista, County of San Diego, State of California, has issued to
Kane Development, Inc. (hereinafter "Principal")
Construction Permit No. (hereinafter referred to as "Permit") for the public
improvement work as set forth in more detail on City of Chula Vista Drawing Nos. 06061-01
through 0606,-20 , reg:rrding construction of certain public improvements for the project known
as Otay Ranch Villa~e 2 North Unit 1 Improvements (OR-811I)
which Permit is hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said Permit, Principal is required, before entering upon the
performance of the work, to file a good and sufficient payment bond with the City of Chula Vista to
secure the claims to which reference is made in Title 15 (commencing with Section 3082), Part 4,
Division 3, of the Civil Code of the State of California.
NOW lliEREFORE, said Principal and Arch Insurance Company
, a corporation of the State of
Mi"onri , (hereinafter "Surety"), are held and firmly bound unto the City of
Chula Vista, a municipal corporation (hereinafter "City") in the County of San Diego, State of
California, and all contractors, subcontractors, laborers, materialmen and other persons employed in
the performance of the aforesaid Permit and referred to in the aforesaid Code of Civil Procedure in the
sum of One Million Eicrhr Hundred Thirt....Thousand One Hundred Fiftv onedollars, ($ 1~830J51.00 )~ lawful money
of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said Surety ,vill pay the same in
an amount not exceeding the amount hereinabove set forth, and also in -'''0 suit is brought upon this
bond, ,vill pay, in addition to the face amount thereof, costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be
awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein
rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and
all persons, companies and corporations entitled to file claims under Title 15 (commencing with
Section 3082), Part 4, Division 3, of the Civil Code, so as to give a right of action to them or their
assigns in any suit brought upon this bond
Should the condition of this bond be fully performed, then this obligation shall become null and
void, otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition
to the terms of said Permit or to the work to be performed thereunder or the specifications
accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive
8-39
notice of any such change, extension of time, alteration or addition to the terms of the Pennit or to the
work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
above named, on June 28th , 20~.
By
Arch Insurance Company
Name of Surety Corrp any
BYJan~~::::ey~~/UV
/
,/ i
I .
Bt/
135 North Los Robles Avenue, Suite 825
Address of Surety Company
City
Ca
State
91101
Zip Code
SU5023562
BondiPolicy No.
Pasadena
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Ci
H:IHOMBENGINEERILA."lDDEV\Forms -OfliciallBondslBond Materia! & Labor Constr Pennit.doc
8-40
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~e<Wf{'I'~~~.R:.&.&W:.O'Ri(:-.ffiL7~~.<?$'~,..~~~~~~~~~~Ri&~~~R<7R<'7~;i2.:
personally
appeared
} ss.
before me, \ 'fIlN~ntl~ffi~~,tTh~~~'pDf~ Pu~t l..
3"~)A:) ~h'~,),r'\
Name(s) of Signer(s)
State of California
County of 012A(\1~
On -::\l ) \'\L '2~ " dJ;() l,
Dale
~sonally known to me
r - . - - . 'TE-R;~ ~~~ ';~':J; "(
. Commission # 1730036
i -.; NoIOry Public - CaHlornla I
Or0l\98 Counly -
J. _ ~ _ _ _,,~'~~~~2?11 f
n pra':ed lv llltJ 01, tMe Basis sf eatisfastery eviei,..." IvC
to be the person(pj whose name(1j is/arjt'subscribed
to the within instrument and acknowledged to me that
he/sie/thw executed the same in his/~r/tl)€ir
authorized capacity(i~, and that by his~r/tM1r
signature~ on the instrument the person~, or the
entity upon behalf of which the personyn acted,
executed the instrument.
Place Notary Seat Above
OPTIONAL
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Top of thumb here
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~~~~~'@...~~~~'@;.~~~~~~~~~~~~~~~~'g;.'9;,.~'Q<;.~'@';..~'g
C 2004 National Notary Association' 9350 De Solo Ave., P.O. Sox 2402' Chatsworth, CA 91313-2402 Item No. 5907 Reorder. Call Toll-Free 1-800-876-6827
8-41
State of California
County of Orange
ACKNOWLEDGEMENT
On
JUN 2 8 2007
before me, Jeri Apodaca, Notary Public
(here insert name and title of the officer)
personally appeared Jane Kepner
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
., eo"" "poo ""If of '^'", lli, ""ro,(,) ,ct'", """""', i'''rut~ - · "'..:0.;.;. - - f
WITNESS my hand and offiCial seal. $ . -. Commission # 1693703 r
! -. . Notary Public . California ~
) J ' . Orange County -
Signature D'~ Lf(\i\-...ot.. ''', L _ _ ~:~m",~""_ec:12.:~of
(Seal)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
D LIMITED
o GENERAL
D PARTNER(S)
~
D
D
D
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTI1Y(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GE 1/06
8-42
FRP
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Rhonda C. Abel, Jeri Apodaca, Jane Kepner, Nanette Myers, Mike Parizino, James A. Schaller, Rachelle Rheault, Ashley
Ward, Grace Reza and Rosa E. Rivas of Irvine, CA (EACH)
,
its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY Is granted to make, execute, seai and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursl!anc:e. of these:.p,rese!'ts s~all be as binding upon the said
Company as fully and amply to all intents and purposes, as if the samehadpeei:i; ~lily executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri. . .. . .
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chainman of the Board, the President, or any Vice President,. or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and
certifications by the Vice President, may be affixed by facsimile on any power of attomey or bond executed pursuanUo
the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and cerlified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOML0013 00 03 03
Page 1 of 2
Printed In U.S.A,
8-43
EXECUTED IN TRIPUCA TE
" II
EXHIBIT C
I I FileNo O,e.SJJF
SURVEY MONUMENT INSTALLATION BOND Bond No. SUS023975
Premium: $780.00
LET IT BE KNOWN BY THESE PRESENTS, that OT A Y PROJECT L.P.
as the subdivider (hereinafter
"Principal"),
and ARCH INSURANCE COMPANY
.~ a corporation of the State of
MISSOURI (hereinafter "Surety"), are held and firmly bound unto the City of
Chula Vista, a municipal corporation (hereinafter "City"), in the County of San Diego, State of
California, and to and for the benefit of any and all persons who may suffer damage by reason of the
breach of the conditions hereof, m the penal sum of
fiFTY TWO THOUSAND AND OOIlOOTHS dollars ($ 52.000.00 ) lawful
money of the United States, to be paid to City.
WHEREAS, Principal is presently engaged in subdividing certain lands to be known as
OTA Y RANCH VILLAGE 2 NORTH UNIT 1 (W.O #OR-8lHl
subdivision in the City of Chula Vista; and,
WHEREAS, Principal and City have entered into a Subdivision Improvement Agreement
approved by City Council Resolution No. (hereinafter referred to as
"Agreement") whereby Principal agrees to install durable survey monuments for said subdivision,
which said Agreement, dated , 20_, and identified as project
OTAY RANCH VILLAGE 2
, is hereby referred to and made a part hereof; and,
WHEPFAS, Principal desires to not install durable survey monuments prior to the recordation
of the final mrt;J of the subdivision and desires to install same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if Principal shall have
installed durable monuments of the survey by Hl IN S A K fiR & A SSOC! A TFS
(Name of Licensed Civil Engineer or Land Surveyor)
in accordance with the final map of said subdivision, a copy of which said map is hereby made and
same is incorporated herein as though set forth in full, and according to the ordinances of the City of
Chula Vista in full force and effect at the time of the giving of this bond, on or before the expiration of
thirty (30) consecutive days following completion and acceptance of public improvements ,vithin said
subdivision as specified in said Agreement, then the obligation shall be void, otherwise to be and
remain in full force and effect
As part of the obligation secured hereby and in addition to the face amount specified therefor,
there shall be included costs and reasonable expenses and fees, and including reasonable attorney's
fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
8-44
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
above named, on SEPTEMBER 6, , 20 ~
.w.... :.:,:,:<,:.:.:,:;:.:.;<.:.~:.:.:;:.;.';; .<.:.;.:':.:':.:.:':':'};';;;:;:':;::':'
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.........w .....w..-.w :':;:':;:';':.:,:.;-;'}
..........'................
...........'.......'......."..w
OT A Y PROJECT L.P.
Name of Principal (Applicant)
ARCH INSURANCE COMPANY
Name of Surety Company
~. )
By,' ~
JANE KEPNER. ATTORNEY-TN-FACT
By sa SIGNATURE BLOCK ATTACHED
By
135 NO. LOS ROBLES A VENUE. SUITI 825
Address of Surety Company
SU 5023975
Bond/Policy No.
PASADENA
City
CA
91101
Zip Code
State
ABOVE-SIGNATORIES MUST BE NOTARIZED
.,.:.:.:.,.:.".:.:."=,:,:.,::,:".:".,,:.:,,::,:.,,,.:::,:,,::,::,:,
:.;.;.:.:.;.,.:,:.:.;.:.:.:,:,,::,:,:::.:.,::.:.,:,,::,:,,:,;,::,;:::::; .;.;.;.:,:.:.:,:,:,:,":,:..;,:,:,::,:;,:,,::,::,'::::::::,::":,:,::;,:,,:,:,':':" ":""':":::::::':':',,::,< "";"';':n ;.":.":,:,:,:::,:,:,:::,:,:::::,,,,,:,,:,:,:,
:.:-:.:.:.'.,-,-:,:-,.:.:",:,::,,:,,:,:,:.:::,:.:,:.:::::".,::,::::,=,::::;:,:::::::::<::<<:::,:,,,:::::,
....,.....................-..
.......................-....,.:<.,.:.:<.:.:.:.:.,.
----"",
, ,
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J :\Engineei\LANDDEV\Forms -Officia1\Bonds\Bond Monuments.doc
8-45
State of California
County of Orange
ACKNOWLEDGEMENT
On
SEP 0 6 Z007
before me, J. Barragan, Notary Public
(here insert name and title of the officer)
personally appeared
Jane Kepner
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
Signature
6i J. BARRAGAN
.-. Commission # 1635125
i ..... '= Notary Public. California
" Orange County
. My Comm. expires Jon 5. 201
WITNESS my hand and official se
(Seal)
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
o PARTNER(S)
C8:J
o
o
o
TITLE(S)
D LIMITED
D GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S.4067/GE 1/06
8-46
FRP
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the 'Company") does hereby appoint
Rhonda C. Abel, Jeri Apodaca, Jane Kepner, Nanette Myers, Mike Parizino, James A. Schaller, Rachelle Rheault, and Linda
Enright of Irvine, CA (EACH)
its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as ~s act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the Sl;Ime had been duly executed and acknowledged by its
regulariy elected officers at its principal office in Kansas City..,MJ~";~"'.,,, ;"d....". .
;f.:_~\;:"" f '1J."'~ .:~F~-i!: :'. <o,:;._.::~.~rz'o"!".},~,
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
'VOTED, That the Chainman of the Board, the President, or any Vice Presiden~ or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-In-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
00ML0013 00 03 03
Page 1 of 2
8-47
Printed In U,S,A.
"Principal"
OTAY PROJECT L.P.,
A California Limited Partnership,
BY: ORIOLE MANAGEMENT, LLC,
a California limited liability company,
its General Partner,
BY:
'\. '1
Date
TITLE: (of Signer)
8-48
CALlFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~-,
~ '
State of California
County of ~ U~1l3\)
lie
On
I
l@---- - ~RA~Y~~ER- - ~
ConvnIUlon # 1558233
i' NaIarV PIlbIic . CaHfornla ~
~ ~~eanv d
_ _ _ ~:~_~_~1~
Name(s)afSigner(s)
"5fpersonally known to me
6 'proved to me on the basis of satisfactory
evidence
to be the person(~ whose nam~(9aJ
subscribed to tt'k' wit' instru ent and
acknowledged to me th he/ ~/th executed
the same in h'l~thorized/
capacity(i~ an hat by his/ (r/theif
signature(sy6'n the instrument the rson(A), or
the entity (mo behalf of which the person(~
acted ecuted the strumen\.
.1
i
i
1
1
1
1
I.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
f< fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
.1
Capacity(ies) Claimed by Signer
Signer's Name:
'I
o Individual
o Corporate Officer - Title(s):
CJ Partner - 0 Limited 0 General
=:J Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Tapa/thumb here
Signer Is Representing:
I
L~
@ 1999 National Notary Association. 9350 De Soto Ave., P.O. Box 2402' Chatswarth. CA 91313.2402' www.nationalnotsry.org
Prod,No.59D7
Raorder:CaJITolI-Frae1.801Ml76-6827
8-49
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~'Z Ann
City Attorney
Dated:
'7~/t-/~o ')
-
Supplemental Subdivision Improvement Agreement
Between the City of Chula Vista
and
Otay Ranch JC R-5, LLC, Otay Ranch Seventeen, LLC,
Otay Ranch JC R-9, LLC, Otay Ranch II Sun 6/8, LLC
Otay Ranch JC R-6, LLC, Otay Ranch JC R-7, LLC, and
Otay Project L.P.
for Otay Ranch Village Two North Unit one (CVT 06-05)
8-50
RECORDING REQUEST BY:
WHEN RECORDED MAIL TO:
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
II /I
EXHIBIT S
City Clerk
CITY OF OlliLA 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
OR-811F
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE CHULA VISTA TRACT NO. 06-05 OTA Y RANCH
VILLAGE TWO NORTH UNIT ONE
(Conditions: 1-5,7-13, 17,20,24-27,29-33,35,36,37,40,41,44,
46-51,53-59,61,62,63,64,67,68,69,70,72, 77-80, 83,84,88,
89,92,93,97,98,102,103,105,106,113,115,118,120,121,
123,124,125,128,135,143,144,145,147,148,149,151,152,
153-157,161,162,163, and 165-169 of Resolution No. 2006-157)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day
of , 2007, by and between THE CITY OF CHULA VISTA, California ("City" or
"Grantee" for recording purposes only) and the signators of this Agreement, Otay Ranch JC R-5,
LLC, Otay Ranch Seventeen, LLC, Otay Ranch JC R-9, LLC, Otay Ranch II Sun 6/8, LLC, Otay
Ranch JC R-6, LLC, Otay Ranch JC R-7, LLC, and Otay Project L.P. (collectively referred to as
"Developer"), 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 Otay Ranch Village 2, a master planned development. For purposes of
J:\Engineer\LANDDEV'Projects\Otay Ran.ch Village 2\OR811F OR812F_V 2 North Units 1 & 2 FMlSSIA Unit 1.finaI9-J4-07.doc
1
8-51
this Agreement the term "project" shall also mean "Property". Developer has applied for a final
map for the Property, more specifically known as Otay Ranch Village Two North, Unit One.
B. Developer andlor Developer's predecessor in interest has applied for and the City has
approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 06-05
("Tentative Subdivision Map") for the subdivision of the Property.
D. The City has adopted Resolution No. 2006-157 ("Resolution") on May 23, 2006,
pursuant to which it has approved a Tentative Subdivision Map subject to certain conditions as
more particularly described in the Resolution.
E. Developer has requested the approval of a "B" Map for the Project ("Final Map").
Certain conditions of approval of the Tentative Subdivision Map requires Developer to enter into
an agreement with the City prior to approval of the Final Map for the Project.
F. City is willing, on the premises, security, terms and conditions herein contained to
approve the final map of the property known as Otay Ranch Village Two North Unit One ("Final
Map") as being in substantial conformance with the Tentative Subdivision Map described in this
Agreement. Developer understands that subsequent final maps may be subject to the same
security, terms and conditions contained herein.
G. The following defmed terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
1. For the purposes of this Agreement, "Final Map" means the fmal map for
Otay Ranch Village Two North Unit One.
2. "Owner or Developer" means the person, persons or entity having a legal
or an equitable interest in the property or parts thereof and includes Owner's successors-
in-interest and assignors of any property within the boundaries of the map. This includes
Otay Ranch JC R-5, LLC, Otay Ranch Seventeen, LLC, Otay Ranch JC R-9, LLC, Otay
Ranch II Sun 6/8, LLC, Otay Ranch JC R-6, LLC, Otay Ranch JC R-7, LLC, Otay
Project L.P., and any and all owners of real property within the boundaries of the
Property, and all signatories to this Agreement.
3. "Guest Builder" means those entities obtaining any interest in the Property
or a portion of the Property, after the Final Map has been recorded.
4. "PFFP" means the Otay Ranch Village Two, Three and Portions of Village
Four SPA Plan Public Facilities Finance Plan adopted by Resolution No. 2006-156 as
may be amended from time to time.
J:\EngineerILANDDEV'iProjectsIOtay Ran.ch Village 2\OR81 iF OR812F_V 2 North Units 1 & 2 FMlSSIA Unit lfina/9-14-07.doc
2
8-52
5. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2,
approved by the City Council on June 4, 1996, as may be amended from time to time.
6. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2
with the duties and responsibilities described therein.
7. "Village Two, Three and portion of Four SPA" means the Village Two,
Three and portion of Four Sectional Planning Area Plan as adopted by the City Council
on May 23, 2006 pursuant to Resolution No. 2006-156.
8. "Addendum" means
Environmental Impact Report 02-02
pursuant to Resolution No. 2006-155.
the Addendum to the Final Second-Tier
as adopted by City Council on May 23, 2006
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Performance Obligation. Otay Ranch JC R-5, LLC, Otay Ranch Seventeen, LLC,
Otay Ranch JC R-9, LLC, Otay Ranch II Sun 6/8, LLC, Otay Ranch JC R-6, LLC, Otay Ranch
JC R-7, LLC, and Otay Project L.P., signator to this Agreement, represents to the City that they
are acting as the master developer for this Project and expressly assumes performance of all
obligations of this Agreement. Notwithstanding the foregoing, all parties to this agreement
acknowledge and agree that all such obligations remain a covenant running with the land as set
forth more particularly in paragraph 2 below. The City in its discretion will make a good faith
effort to execute on bonds securing the obligations contained herein to the extent necessary to
complete any unfulfilled obligations of the master developer.
2. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding
upon and inure to the benefit of the successors, assigns and interests of the parties as to
any or all of the Property until released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the covenants contained in
this Agreement ("Burden") is for the benefit of the Property and the City, its successors
and assigns and any successor in interest thereto. City is deemed the beneficiary of such
covenants for and in its own right and for the purposes of protecting the interest of the
community and other parties public or private, in whose favor and for whose benefit of
such covenants running with the land have been provided without regard to whether City
has been, remained or are owners of any particular land or interest therein. If such
covenants are breached, the City shall have the right to exercise all rights and remedies
and to maintain any actions or suits at law or in equity or other proper proceedings to
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enforce the curing of such breach to which it or any other beneficiaries of this Agreement
and the covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns
any portion of the Project to a guest builder, Developer may request to be released from
Developer's obligations under this Agreement, that are expressly assumed by the guest
builder. Developer must obtain the written consent of the City to such release. Such
assignment to the guest builder shall, however, be subject to this Agreement and the
Burden of this Agreement shall remain a covenant running with the land. The City shall
not withhold its consent to any such request for a release so long as the assignee
acknowledges that the Burden of the Agreement runs with the land, assumes the
obligations of the Developer under this Agreement, and demonstrates, to the satisfaction
of the City, its ability to perform its obligations under this Agreement as it relates to the
portion ofthe Proj ect which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any portion
of the Project subject to the Burden of this Agreement, upon request by the Developer or
its assignee, the City shall release the assignee of the Burden of this Agreement as to such
assigned portion if such portion has complied with the requirements of this Agreement to
the satisfaction of the City and such partial release will not, in the sole discretion of the
City, jeopardize the likelihood that the remainder of the Burden will not be completed.
e. Release of Individual Lots. Upon the occurrence of any of the following
events, Developer shall, upon receipt of the prior written consent of the City Manager (or
Manager's designee), have the right to release any lot(s) from Developer's obligation
under this Agreement:
1. The execution of a purchase agreement for the sale of a residential lot to a
buyer of an individual housing unit;
11. The conveyance of a lot to a Homeowner's Association.
The City shall not withhold its consent to such release so long as the City finds in good faith that
such release will not jeopardize the City's assurance that the obligations set forth in this
Agreement will be performed. At the request of the Developer, the City Manager (or Manager's
designee) shall execute an instrument drafted by Developer in a recordable form acceptable to
the City Manager (or Manager's designee), which confirms the release of such lot or parcel from
the encumbrance of this Agreement.
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Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii)
conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement,
such lot or parcel shall be automatically released from the encumbrance hereof.
3. Condition No.1 - (General Preliminary) In satisfaction of Condition No. I of
the Resolution, Developer hereby agrees that all of the terms, covenants and conditions
contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns
and representatives of the Developer as to any or all of the Property.
4. Condition No.2 - (General Preliminary) In satisfaction of Condition No.2 of
the Resolution, Developer hereby agrees to comply with all requirements and guidelines of the.
City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista
Landscape Manual; Chula Vista Design Manual; Otay Ranch General Development Plan, Otay
Ranch Resource Management Plan, Phase I and Phase 2; Ranch Wide Affordable Housing Plan;
Otay Ranch Overall Design Plan; Village Two, Three and a Portion of Four Sectional Planning
Area (SPA) and Tentative Maps (TMs) Final Second-Tier Environmental Impact Report (Final
EIR 02-02 ) and associated Mitigation Monitoring and Reporting Program (MMRP); Otay Ranch
Village Two, Three and a Portion of Four Sectional Planning Area (SPA) Plan and supporting
documents including: Public Facilities Finance Plan (PFFP); Parks, Recreation, Open Space and
Trails Plan; SPA Affordable Housing Plan, Air Quality Improvement Plan (AQIP), Water
Conservation Plan (WCP); and the Non-Renewable Energy Conservation Plan as amended from
time to time, unless specifically modified by the appropriate department head, with the approval
of the City Manager. Developer further agrees that these plans may be subject to minor
modifications by the appropriate department head, with the approval of the City Manager,
however, any material modifications shall be subject to approval by the City Council.
5. Condition No.3 - (General Preliminary) In satisfaction of Condition No.3 of
the Resolution, Developer hereby agrees that if any of the terms, covenants or conditions
contained herein shall fail to occur or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modifY all approvals herein
granted including issuance of building permits, deny, or further condition the subsequent
approvals that are derived from the approvals herein granted, institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. Developer
acknowledges that Developer shall be notified 10 days in advance prior to any of the above
actions being taken by the City and shall be given the opportunity to remedy any deficiencies
identified by the City. (Planning)
6. Condition No.4 - (General Preliminary) In satisfaction of Condition No.4 of
the Resolution, Developer hereby agrees to indemnifY, protect, defend and hold the City
harmless from and against any and all claims, liabilities and costs, including attorney's fees,
arising from challenges to the Village Two, Three and a Portion of Four SPA, Tentative Maps,
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and Second Tier EIR (ErR 02-02) and subsequent environmental review for the Project and any
or all entitlements and approvals issued by the City in connection with the Project.
7. Condition No.5 - (General Preliminary) In satisfaction of Condition No.5 of
the Resolution, Developer hereby agrees to comply with all applicable Village Two, Three and a
Portion of Four SPA conditions of approval, as may be amended from time to time.
8. Condition No.7 - (General Preliminary) In satisfaction of Condition No.7 of
the Resolution, Developer hereby agrees that any and all agreements that the Developer is
required to enter in hereunder shall be in a form approved by the City Attorney.
9. Condition No.8 - (General Preliminary) In satisfaction of Condition No.8 of the
Resolution, Developer hereby acknowledges that a reserve fund program has been established by
Resolution No. 18288 for the funding of the Fiscal Impact of New Development (FIND) Model
for the Otay Ranch Project. Developer agrees to provide funds to the Reserve Fund as required
by the Reserve Fund Program. Pursuant to the provisions of the Growth Management Ordinance
and the Otay Ranch General Development Plan (GDP), the Developer agrees to participate in the
funding of the preparation of an annual report monitoring the development of the community of
Otay Ranch. Developer further agrees that the annual monitoring report will analyze the supply
of, and demand for, public facilities and services governed by the threshold standards and that an
annual review shall commence following the first fiscal year in which residential occupancy
occurs in the Project and is to be completed during the second quarter of the following fiscal
year. Developer further agrees that the annual report shall adhere to the GDP/SRP, as amended
from time-to-time.
10. Condition No.9 (General Preliminary) In satisfaction of Condition No.9 of the
Resolution, Developer hereby agrees that in accordance with the mitigation measure of the Final
EIR 02-02 and associated MMRP, no units within the project area shall be constructed which
would result in the total number of units within the Eastern Territories exceeding 8,999 units,
prior to the construction of SR-125 between SR-54 and the International Border. Developer
further agrees that notwithstanding the foregoing, the City may issue additional building permits
if the City Council, in its sole discretion, determines that each of the following conditions have
been met: (1) SR-125 is constructed and open between SR-54 and Olympic Parkway; and (2)
traffic studies, prepared to the satisfaction of the City Engineer and the City Council,
demonstrate that the opening of SR-125 to Olympic Parkway provides additional capacity to
mitigate the project's cumulative significant traffic impacts to a level below significance without
exceeding GMOC traffic threshold standards. Developer further agrees that alternatively, the
City may issue building permits if the City Council, in its sole discretion, has approved an
alternative method to implement the City's Growth Management Ordinance, as may be amended
from time to time.
11. Condition No. 10 - (General Preliminary) In satisfaction of Condition No.1 0 of
the Resolution, Developer hereby agrees to comply with the terms of the Conveyance
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Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by tbe City
Council on October 22, 1996 ("Conveyance Agreement"), to tbe satisfaction of tbe Director of
Planning & Building.
12. Condition No. 11 - (Environmental) In satisfaction of Condition No. 11 of the
Resolution, Developer hereby agrees to implement, to tbe satisfaction of tbe Director of Planning
& Building and Environmental Review Coordinator, all environmental impact mitigation
measures identified in Final EIR 02-02 (SCH# 2003091012), tbe candidate CEQA Findings and
MMRP for this Project.
13. Condition No. 12 - (Environmental) In satisfaction of Condition No. 12 of the
Resolution, Developer hereby agrees to comply witb all applicable requirements of the
California Department of Fish and Game, tbe California State Water Resources Quality Control
Board, tbe U.S. Fish and Wildlife Service and tbe U.S. Army Corps of Engineers. Developer
further agrees tbat prior to any activity tbat may potentially impact biological resources, such as
clearing and grubbing, tbe Developer shall comply witb all applicable requirements prescribed in
Final EIR 02-02 (SCH# 2003091012) and MMRP.
14. Condition No. 13 - (Take Permit) In satisfaction of Condition No. 13 of tbe
Resolution, Developer hereby agrees to apply for and receive a take permit/autborization from
tbe U.S. Fish and Wildlife Service and California Department of Fish and Game, or comply witb
the approved City of Chula Vista MSCP Subarea Plan, if applicable to tbe Project.
15. Condition No. 17 - (Preserve Owner Manager) In satisfaction of Condition No.
17 of the Resolution, Developer hereby agrees to convey fee title, or upon the consent of tbe
Preserve Owner/ Manager (POM) and any lien holder, an easement restricting use of the land to
tbose permitted by the Otay Ranch Resource Management Plan (RMP), to tbe POM upon tbe
recordation of each Final Map for an amount of land equal to tbe Final Map's obligation to
convey land to tbe Preserve. Where an easement is conveyed, the Developer agrees to provide
subordination of any prior lien holders in order to ensure tbat tbe POM has a first priority interest
in such land. Where consent and subordination cannot be obtained, tbe Developer shall convey
fee title. Where fee title or an easement is conveyed, access to tbe satisfaction of tbe POM shall
also be conveyed. Where an easement is granted, each Final Map is subject to a condition that
fee title shall be granted upon demand by the POM. The developer further agrees to maintain and
manage tbe offered conveyance property consistent with Phase 1 and 2 RMP guidelines until
such time when tbe POM has accepted tbe conveyance property.
16. Condition No. 20 - (Noise Barrier) In satisfaction of Condition No. 20 of tbe
Resolution, Developer hereby agrees tbat prior to approval of building permit for single-family
areas where second floor exterior noise levels exceed 65 CNEL, an acoustical analysis shall be
performed ensuring tbat interior noise levels due to exterior sources will be at or below 45
CNEL.
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17. Condition No. 24 - (Multi-Family) In satisfaction of Condition No. 24 of the
Resolution, Developer hereby agrees that any subsequent development of a multi-family lot
which does not require the filing of a "B" Map shall meet, prior to issuance of a building permit
for that lot, all the applicable conditions of approval of the Tentative Map, as determined by the
City Engineer.
18. Condition No. 25 - (Oversizing) In satisfaction of Condition No. 25 of the
Resolution, Developer hereby agrees that in the event of a filing of a Final "B" Map which
requires oversizing of the improvements necessary to serve other properties within the Project,
said Final Map shall be required to install all necessary improvements to serve the project plus
the necessary oversizing of facilities required to serve such other properties (in accordance with.
the restrictions of state law and City ordinances).
19. Condition No. 26 - (Joint Use Agreement) In satisfaction of Condition No. 26 of
the Resolution, Developer hereby agrees to enter into a Joint Use Agreement with the City of
Chula Vista, and City of San Diego in a form acceptable to the City Attorney for all public
facilities crossing City of San Diego fee title land and/or easements prior to the issuance of the
588th Building Permit for the Project. Said Agreement shall be approved by the City Engineer
as to content and the City Attorney as to form prior to execution. Furthermore the Developer
agrees to be responsible for any payment to City of San Diego for any Right-of-Way crossing the
City of San Diego land and easements.
20. Condition No. 27 - (Joint Use Agreement) In satisfaction of Condition No. 27 of
the Resolution, Developer hereby agrees to provide an executed Joint Use Agreement prior to
the issuance of the 588th Building Permit or prior to the issuance of the grading permit that
includes areas where City right-of-way or City facilities cross existing fee title land and/or
easements owned by the City of San Diego which ever occurs first. Work proposed within
another agency's easement and/or fee title land will require the authorized representative of the
agencies signature on the applicable plans prior to permit issuance (i.e., Landscape and
Irrigation, Grading and or Improvement Plans).
21. Conditions Nos. 29 & 30 - (Signage) In partial satisfaction of Conditions Nos. 29
& 30 of the Resolution, Developer hereby agrees to the following:
a) Prior to issuance of the first building permit for the Project, Developer shall
submit for review and approval a sign program to the Director of Planning & Building.
b) Prior to issuance of the first building permit for the Project, Developer shall
post temporary signs on all neighborhoods within the Project indicating the future land
use(s) for said sites with signage consistent with the sign program. Temporary signs shall
be maintained in place until such time as a project is approved for any such future land
use site.
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22. Condition No. 31 - (Slopes) In partial satisfaction of Condition No. 31 of the
Resolution, Developer hereby agrees to that in addition to the requirements outlined in the City
of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height
shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger
size tree per each 1,500 square feet of slope area, one I-gallon or larger size shrub per each 100
square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in
staggered clusters to soften and vary the slope plane subject to the requirements of the
[applicable] Fire Protection Plan.
23. Condition No. 32 - (Parkways) In satisfaction of Condition No. 32 of the
Resolution, Developer hereby agrees to that street parkways shall be no less than 7.5 feet in
width for the planting area, except as approved by the City Engineer and Director of Public
Works. The Developer shall plant trees within said parkways which have been selected from the
list of appropriate tree species described in the Village Two, Three and a Portion of Four Design
Plan, Village Two, Three and a Portion of Four SPA Plan and Landscape Master Plan and shall
be approved by the Directors of Planning & Building, General Services and Public Works. The
Developer shall provide root barriers and deep watering irrigation systems for the trees, as
approved by the Director of General Services and the Director of Public Works.
24. Condition No. 33 - (Street Trees) In satisfaction of Condition No. 33 of the
Resolution, Developer hereby agrees:
a) That a Preliminary Street Tree Improvement Plan shall be submitted for
review and subject to the approval of the Directors of Planning and Building and General
Services prior to or concurrent with the second submittal of Street Improvement Plans
within the subdivision.
b) To install all street trees in accordance with Section 18.28.10 of the Chula
Vista Municipal Code and that all street trees shall be planted in parkways, or as
otherwise approved by the City Engineer, and Directors of Planning and Building and
General Services.
c) That prior to the installation of any dry utilities, including but not limited to
cable, telephone, gas or electric lines, Developer agrees to complete Preliminary Street
Tree Improvement Plans that show the location of all future street trees, which will be
subject to the review and approval of the City Engineer, and the Directors of Planning &
Building and General Services.
d) That prior to any utility installation, wood stakes shall be placed by the
Developer on site according to the approved Preliminary Street Tree Improvement Plans,
and shall be painted a bright color and labeled as future street tree locations.
e) To provide the City documentation, acceptable to the City Engineer, and the
Directors of Planning and Building and General Services, that all utility companies have
been given notice that no dry utility line shall be located within five feet of the wood
stake in any direction.
f) To maintain street tree identification stakes in the locations as shown on the
approved Preliminary Street Tree Improvement Plans until all dry utilities are in place.
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25: Condition No. 36 - (Protective Fencing) In satisfaction of Condition No. 36 of
the Resolution, Developer hereby agrees to construct a protective fencing system at the inlets and
outlets of storm drain structures, as and when directed by the City Engineer. The fmal fencing
design and types of construction materials shall be subject to approval of the City Engineer.
26. Condition No. 37 - (Energy Dissipaters) In satisfaction of Condition No. 37 of
the Resolution, Developer hereby agrees to construct energy dissipaters at all storm drain outlets
as required by the City Engineer to maintain non-erosive flow velocities.
27. Condition No. 40 - (Rock Mountain Road) In partial satisfaction of Condition
No. 40 of the Resolution, Developer hereby agrees that prior to the issuance of a building permit
for the 2,090 EDU shall design and construct Rock Mountain Road between East of Heritage
Road and/or Main Street.
28. Condition No. 41 - (Design Standards) In satisfaction of Condition No. 41 of
the Resolution, Developer hereby agrees to street cross sections shall conform to the cross
sections shown on the Tentative Map, unless otherwise conditioned or approved herein. All
other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista
Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned
or approved herein.
29. Condition No. 44 - (Heritage Road) In satisfaction of Condition No. 44 of the
Resolution, Developer hereby agrees that prior to the issuance of a building permit for the 1,276
EDU shall design and construct Heritage Road between Olympic Parkway and Main Street. The
Developer may construct a 'Temporary Intersection' at Main Street and Heritage Road according
to the following requirements:
a. The intersection geometry shall be approved by the Chula Vista City
Engineer.
b. The design of the south leg of the intersection shall be reviewed with
representatives of the Coors Amphitheater to ensure the design adequately accommodates
the high volume event traffic.
c. The intersection construction shall be coordinated with the Coors
Amphitheater event season and the construction phasing will need to be completed to the
satisfaction of the City Engineer.
d. Developer shall submit to the City Engineer, Civil Engineering drawings of
the intersection and concept plan of construction phasing
30. Condition No. 46 - (Traffic Signals) In satisfaction of Condition No. 46 of the
Resolution, Developer hereby agrees that prior to approval of any Final "B" Map for the Project
which triggers the installation of the related street improvements, enter into an agreement, to the
satisfaction of the City Engineer, to design, construct and secure fully activated traffic signals,
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including interconnect wiring, mast arm, signal heads, and associated equipment underground
improvements, standards and luminaries at the intersections listed below. Developer further
agrees to fully design the aforementioned traffic signal in conjunction with the improvement
plans for the related streets to the satisfaction of the City Engineer and conform to City Standards
INTERSECTIONS
Heritage Road & Olympic Parkway
Heritage Road & Santa Victoria Road
Heritage Road & Santa Liza Street
Heritage Road & Street "J" North
Heritage Road & Street "J" South
Heritage Road & Main Street
Olympic Parkway & Santa Victoria Road
Olympic Parkway & Santa Venetia Road
La Media Road & Santa Venetia Road
La Media Road & State Street
La Media Road & Santa Luna Street (Park Entrance)
31. Condition No. 47 - (Stripping Plans) In satisfaction of Condition No. 47 of the
Resolution, Developer hereby agrees to submit and obtain approval by the City Engineer of
striping plans for all promenade, collector or higher classification streets simultaneously with the
associated improvement plans.
32. Condition No. 48 - (Fire) In satisfaction of Condition No. 48 of the Resolution,
Developer hereby agrees to comply with the Fire Department's codes and policies for Fire
Prevention, and the requirements/recommendations contained in the approved Fire Protection
Plan, Urban-Wildland Interface Area for Village Two, as may be amended from time to time.
33. Condition No. 49 - (Fire Hydrants) In satisfaction of Condition No. 49 of the
Resolution, Developer hereby agrees to depending on the location of improvements such as cul-
de-sacs, alleys, driveways or when special circumstances exist in a subdivision design, as
determined by the Fire Marshal, install additional fire hydrants upon request and to the
satisfaction of the Fire Department.
34. Condition No. 50 - (Turnaround) In satisfaction of Condition No. 50 of the
Resolution, Developer hereby agrees to construct a temporary turnaround or street
improvements, upon the request of and as determined necessary by the City Engineer and Fire
Marshal, at the end of temporarily stubbed streets greater than 150 feet in length (as measured
from the nearest street centerline intersection).
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35. Condition No. 51 - (AASHTO) In satisfaction of Condition No. 51 of the
Resolution, Developer hereby agrees to design all vertical and horizontal curves and intersection
sight distances to conform to the CalTrans Highway Design Manual. All streets, which intersect
other streets at or near horizontal or vertical curves must meet intersection design sight distance
requirements in accordance with City standards. Sight distance easements shall be granted as
necessary to comply with the requirements in the CalTrans Highway Design Manual and City of
Chula Vista policies, where a conflict exists, the City of Chula Vista policies shall prevail.
Lighted SAG vertical curves may be permitted, with the approval of the City Engineer, at
intersections per American Association of State Highway and Transportation Officials
(AASHTO) standards.
36. Condition No. 53 - (Transit) In satisfaction of Condition No. 53 of the
Resolution, Developer hereby agrees to the following:
a. Fund and install Chula Vista transit stop facilities within the Tentative Map
boundary when directed by the Director of Public Works. The improvement plans for
said stops shall be prepared in accordance with the transit stop details described in the
Village Two, Three and a Portion of Four Design Plan and Village Two, Three and a
Portion of Four PFFP and as approved by the Directors of Planning & Building and
Public Works.
b. Not protest the formation of any future regional benefit assessment district to
fmance the MTDB San Diego Trolley, BRT System or other transit system.
37. Condition No. 54 - (ADA) In satisfaction of Condition No. 54 of the Resolution,
Developer hereby agrees to construct sidewalks and construct pedestrian ramps on all walkways
to meet applicable "Americans with Disabilities Act" standards and as approved by the City
Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way,
which are in conflict with the standards and approvals contained herein, all such approvals
conflicting with those standards shall be updated to reflect those standards. Unless otherwise
required by federal law, City ADA standards may be considered vested, as determined by
Federal regulations, after construction has commenced.
38. Condition No. 55 - (Private Utilities) In satisfaction of Condition No. 55 of the
Resolution, Developer hereby agrees to not install privately owned water, reclaimed water, or
other utilities crossing any public street. The installation of sleeves for future construction of
privately owned facilities may be allowed subject to the review and approval of the City
Engineer if the following is accomplished:
a. The developer enters into an agreement with the City where the developer
agrees to the following:
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i. Apply for an encroachment permit for installation of the private facilities
within the public right-of-way; and,
ii. Maintain membership in an advance notice such as the USA Dig Alert
Service; and
Mark out any private facilities owned by the developer whenever work is
performed in the area; and,
iii. The terms of this agreement shall be binding upon the successors and
assigns of the developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets. (Engineering)
39. Condition No. 56 - (Guardrail) In satisfaction of Condition No. 56 of the
Resolution, Developer hereby agrees that prior to issuance of any grading permit based on plans
proposing the creation of down slopes adjacent to public or private streets, shall obtain the City
Engineer's approval of a study to determine the necessity of providing guardrail improvements at
those locations. Developer furthermore agrees to construct and secure any required guardrail
improvements in conjunction with the associated construction permit as determined by and to the
satisfaction of the City Engineer. The guardrail shall be installed per CalTrans Traffic Manual
and Roadside Design Guide requirements and American Association of State Highway and
Transportation Officials (AASHTO) standards to the satisfaction of the City Engineer.
40. Condition No. 57 - (Roundabout) In satisfaction of Condition No. 57 of the
Resolution, Developer hereby agrees that prior to approval of improvement plans that include
roundabouts, shall demonstrate compliance with stopping sight distance standards as determined
by the City Engineer and Director of Planning & Building.
41. Condition No. 58 - (Survey Monumentation) In satisfaction of Condition No.
58 of the Resolution, Developer hereby agrees that prior to the acceptance of Public
Improvements by the City Engineer & Public Works Director, shall have in place 5 (five)
Horizontal control points, and 21 (twenty-one) Vertical control points set pursuant to Sections 2-
302.1(8) and 2-302.3(1) of the City ofChula Vista Subdivision Manual, and Chapter 18.16.180
of the Chula Vista Municipal code. Applicant shall also cause to be filed with the County of San
Diego, a Record of Survey; required pursuant to Section 8762 of the Professional Land
Surveyors Act.
42. Condition No. 59 - (Storage Length) In satisfaction of Condition No. 59 of the
Resolution, Developer hereby agrees that left and right turn storage lengths shall be provided as
recommended in the Linscott, Law and Greenspan Traffic Study for Village Two, Three and a
Portion of Four, dated November 2005, or as required by the City Engineer.
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43. Condition No. 61 - (Drainage Improvements) In satisfaction of Condition No.
61 of the Resolution, Developer hereby agrees to provide drainage improvements in accordance
with the Master Drainage Study for Otay Ranch Village Two, Three and a Portion of Four, dated
February 16,2005, and the Preliminary Water Quality Technical Report for Otay Ranch Village
Two, Three and a Portion of Four, dated October 28, 20050r a subsequent Hydrology Study, as
may be required, submitted to and approved by the City Engineer. Developer furthermore agrees
to maintain all such drainage improvements until said improvements are formally accepted by
the City or included as part of an applicable maintenance district, or other mechanism as
approved by the City. Said maintenance shall ensure that drainage facilities will continue to
operate as designed.
44. Condition No. 62 - (Drainage Improvements) In satisfaction of Condition No.
62 of the Resolution, Developer hereby agrees that prior to approval of any grading permit or
any other grant of approval for constructing the proposed extended detention and water quality
basins, whichever occurs earlier, the Developer shall demonstrate that the design of the proposed
extended detention and water quality basins will reduce the 2-, 10-, 25-, 50 and 100-year post-
development peak flows, to any natural drainage course to an amount not exceeding pre-
development conditions, to the satisfaction of the City Engineer.
45. Condition No. 63 - (Drainage Improvements) In satisfaction of Condition No.
63 of the Resolution, Developer hereby agrees to when storm drain systems that collect water
from private property shall be designated private on grading and drainage and/or improvement
plans to the point of connection with a public system or to the point at which storm water that is
collected from public street right-of-way, public park or open space areas is first introduced into
the system. Downstream from that point, the storm drain system shall be public. An
encroachment permit shall be processed and approved by the City Engineer for private storm
drains within the public right-of-way or within CFD maintained Open Space lots.
46. Condition No. 64 - (Drainage Reports) In satisfaction of Condition No. 64 of
the Resolution, Developer hereby agrees to submit grading and drainage and/or improvement
plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane
calculations for all public streets. Calculations shall also be provided to demonstrate the
adequacy of downstream drainage structures, pipes and inlets.
47. Condition No. 67 - (Drainage Conformance) In satisfaction of Condition No. 67
of the Resolution, Developer hereby agrees that all storm drain design shall conform to the
requirements of the Subdivision Manual and the Grading Ordinance as may be amended from
time to time.
48. Conditions Nos. 68 & 69 - (Public Utilities Access) In satisfaction of Conditions
Nos. 68 & 69 of the Resolution, Developer hereby agrees to:
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a. Provide improved all-weather access with H-20 loading, based on a minimum
traffic index (TI) of 5, to all public storm drain clean-outs, inlets, outlets and basins or as
otherwise approved by the City Engineer and Public Works Director.
b. That all City maintenance access roads shall be 12' min. width and designed
for H-20 (min. TI of 5) loading.
c. Provide a minimum of 6-inch thick PCC (reinforced with #4 BAR at 18" on
center each way) and heavy broom finish for any access road with grades of 8% or
greater. All other access roads, shall be asphalt concrete designed to carry H-20 loading.
d. Additional or restricted paving requirements for the above may be required
when determined necessary at the discretion of the Director of Public Works-Operations
and in conformance with the environmental provisions for the Project.
49. Condition No. 70 - (Substantial Conformance) In satisfaction of Condition No.
70 of the Resolution, Developer hereby agrees to that 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 Director of Planning & Building.
50. Condition No. 72 - (NPDES) In satisfaction of Condition No. 72 of the
Resolution, Developer hereby agrees that the Development of the subdivision shall comply with
all applicable regulations established by the United States Environmental Protection Agency
(USEPA) and as set forth in the National Pollutant Discharge Elimination System (NPDES)
Municipal Permit requirements by the San Diego Regional Water Quality Control Board for
urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista
pursuant to said regulations or requirements in effect at the time the development occurs.
Further, the Developer shall fIle a Notice of Intent with the State Water Resources Control Board
to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated
with Construction Activity and shall implement a Storm Water Pollution Prevention Plan
(SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include
both construction and post construction pollution prevention and pollution control measures and
shall identify funding mechanisms for post construction control measures. The Developer, and
successors in interest, shall comply with all the provisions of the NPDES and the Clean Water
Program during and after all phases of the development process, including but not limited to:
mass grading, rough grading, construction of street and landscaping improvements, and
construction of dwelling units. The Developer shall comply with the City of Chula Vista
Development and Redevelopment Projects Storm Water Management Standards Requirements
Manual (Storm Water Management Standards Manual) and shall design the Project's storm
drains and other drainage facilities to include Best Management Practices (BMPs) to minimize
non-point source pollution, satisfactory to the City Engineer and Public Works Director.
51. Condition No. 77 - (Lot Drainage) In satisfaction of Condition No. 77 of the
Resolution, Developer hereby agrees to locate lot lines at the top of slopes except as shown on
the Tentative Map or as approved by the City Engineer and Director of Planning & Building.
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Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall
not be permitted to flow over slopes or onto adjacent property.
52. Condition No. 78 - (Walls) In satisfaction of Condition No. 78 of the Resolution,
Developer hereby agrees to provide a minimum of 3 feet of flat ground access from the face of
any City maintained wall to the beginning of the slope rounding for wall maintenance, unless
otherwise approved by the City Engineer.
53. Condition No. 79 - (Setback) In satisfaction of Condition No. 79 of the
Resolution, Developer hereby agrees to provide a setback, as determined by the City Engineer
and based on Developer's Soils Engineer recommendations, between the property lines of the
proposed lots and the top or toe of any slope to be constructed where the proposed grading
adjoins undeveloped property or property owned by others. The City Engineer will not approve
the creation of any lot that does not meet the required setback
54. Condition No. 80 - (Temporary Basins) In satisfaction of Condition No. 80 of
the Resolution, Developer hereby agrees to construct temporary de-silting basins to the
satisfaction of the City Engineer. The exact design and location of such facilities shall be based
on hydrological modeling.
55. Condition No. 83 - (NPDES) In satisfaction of Condition No. 83 of the
Resolution, Developer hereby agrees to the following:
a. Comply with the requirements of the Storm Water Management Standards
Manual including revision of approved grading and or improvement plans as necessary
b. Indemnify, and hold harmless the City, its elected and appointed officers and
employees, from and against all fines, costs, and expenses and damages arising out of
non-compliance with the requirements of the NPDES regulations, in connection with the
execution of any construction and/or grading work for the Project, whether the non-
compliance results from any action by the Developer, any agent or employee,
subcontractors, or others. The Developer's indemnification shall include any and all
costs, expenses, attorney's fees and liability incurred by the City.
c. To not protest the formation of facilities benefit district or any other funding
mechanism approved by the City to finance the operation, maintenance, inspection, and
monitoring of NPDES facilities. This agreement to not protest shall not be deemed a
waiver of the right to challenge the amount of any assessment, which may be imposed
due to the addition of these improvements and shall not interfere with the right of any
person to vote in a secret ballot election.
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d. Such Developer obligation may be assigned to a Master Homeowner's
Association or other appropriate Maintenance District subject to the approval of the City
Engineer.
56. Condition No. 84 - (BMP) In satisfaction of Condition No. 84 of the Resolution,
Developer hereby agrees that Post-construction Best Management Practices, including site
design, source control, and treatment control, shall be implemented and maintained into
perpetuity in accordance with a City approved Water Quality Technical Report. The responsible
party and funding mechanism for the maintenance of post-construction BMPs shall be identified
in an agreement between the City and the Developer. The Developer or subsequent owners shall.
maintain records of inspections and maintenance of all post-construction Best Management
Practices and make such records available for review by the City's Storm Water Compliance
Inspectors.
57. Condition No. 88 - (Sewer) In satisfaction of Condition No. 88 of the Resolution,
Developer hereby agrees that the Village Two sewer improvements shall be consistent with the
Village Two, Three and a Portion of Four Conceptual Sewer Study, dated January 2006 or a
subsequent Sewer Study submitted to and approved by the City Engineer.
58. Condition No. 89 - (Sewer services) In satisfaction of Condition No. 89 of the
Resolution, Developer hereby agrees that for sewers serving 10 or less equivalent dwelling units
shall have a minimum grade of I % and/or a velocity of 2 feet per second, or as approved by the
City Engineer. Sewer lines shall be installed as close to perpendicular to the slope contours as
possible but in no case greater than 15 degrees from perpendicular to the contours.
59. Condition No. 92 - (Parks) In satisfaction of Condition No. 92 of the Resolution,
Developer hereby agrees that prior to the issuance of the 588th building permit for any dwelling
unit shall provide documentation to the City, that assigns irrevocable free and clear use and
access for park and recreation purposes over and upon all easements and fee owned parcels that
traverse any public park site, to the satisfaction of the Directors of Recreation, General Services,
and Engineering. Said documentation shall be approved by the Directors of Recreation, General
Services and Engineering as to content and approved by the City Attorney as to form prior to
execution of said document and prior to the 588th building permit for any dwelling unit. No
park credit will be given for easements located in park.
60. Condition No. 93 - (Town Square) In satisfaction of Condition No. 93 of the
Resolution, Developer hereby agrees that prior to issuance of any building permit with the MU-I
site or the R-28 site shall commence construction of the Town Square lot P-I (1.2 net useable
acres) to the satisfaction of the Director of General Services. Developer shall complete
construction of the Town Square within nine months of commencement of construction. The
term "complete construction" shall mean park construction has been completed according to the
City approved construction plans and been accepted by the Director of General Services.
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61. Condition No. 97 - (parks Grading) In satisfaction of Condition No. 97 of the
Resolution, Developer hereby agrees to submit to City for review by General Services
Department, as-graded topographic surveys capable of demonstrating that grading of Park sites
P-2, P-3, and all parcels of P-4 are in compliance with approved rough grading plans for the
sites. Said survey shall be prepared at Developers' own expense and shall not be credited toward
Developer PAD Fee obligation. The topographic survey shall be submitted at the request of the
Director of General Services. Any grading permit security held for the project shall not be
released until the respective Parks' net usable areas have been verified and approved by the
Director of General Services. If the survey indicates that the site fails to conform to the approved
grading plans, and to the City Of Chula Vista Grading Ordinance for any of the park sites, then
the Developer shall bring the site into conformance and incur the expenses associated with re-
grading the sites as needed. Expenses incurred by the Developer to perform any corrective re-
grading of the sites shall not be credited toward the Developer PAD Fee obligation. Site re-
grading shall be completed with 60-days of notification of non-compliance.
62. Condition No. 98 - (Environmental) In satisfaction of Condition No. 98 of the
Resolution, Developer hereby agrees comply with the provisions of the City of Chula Vista
Parks and Recreation Master Plan as may be amended from time to time, and as it affects facility
and other related requirements for the Project's parks.
63. Condition No. 102 - (Grant of Easement & Maintenance Agreement) In
satisfaction of Condition No. 102 of the Resolution, Developer hereby agrees to within 90 days
of approval of Final Map, Developer shall enter into a Grant of Easements and Maintenance
Agreement as necessary for landscaping and improvements maintained by a Homeowners
Association within City right-of-way or such other public areas required by the City.
64. Condition No. 103 - (Landscape & irrigation) In satisfaction of Condition No.
103 of the Resolution, Developer hereby agrees to install landscape and irrigation slope erosion
control in accordance with approved plans no later than six months from the date of issuance of
the grading permit. If the work cannot be completed within the specified time, the Developer
may request an extension, which may be granted at the discretion of the Director of Planning &
Building. Such a request shall be submitted for approval in writing to the Planning & Building
Department sufficiently in advance of the end of the six-month tirneframe to allow processing of
the extension. Notwithstanding the time of installation oflandscape, and irrigation slope erosion
control, Developer shall remain in compliance with NPDES.
65. Condition No. 105 - (Walls & Fence Plan) In satisfaction of Condition No. 105
of the Resolution, Developer hereby agrees that the conceptual Wall and Fence Plan for the
Project shall be included in the Project's Landscape Master Plan and shall indicate color,
materials, height and location. Materials and color used shall be compatible and all walls located
in corner side-yards or rear yards facing public or private streets or pedestrian connections shall
be constructed of a decorative masonry and/or wrought iron material. View fencing shall be
provided at the ends of all other open cuI -de-sacs where a sound wall is not required. All walls
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shall be constructed pursuant to Final EIR 02-02 and the Village Two, Three and a Portion of
Four SPA Plan. Upon request of the Director of General Services, Developer shall update the
Proj ect' s Landscape Master Plan to conform to any substantial changes made subsequent to the
initial approval of the plan.
66. Condition No. 106 - (Landscape & irrigation Plans) In satisfaction of
Condition No. 106 of the Resolution, Developer hereby agrees that prior to the issuance of each
Street Construction permit for the Project, shall prepare and secure, to the satisfaction of the City
Engineer arid the Director of General Services, street improvement Landscape and Irrigation
Improvement Plans. All plans shall be prepared in accordance with the CUrrent Chula Vista
Landscape Manual and the Village Two, Three and a Portion of Four SPA Plan, as may be
amended from time to time. Developer furthermore agrees to install all improvements in
accordance with approved plans to the satisfaction of the Director of General Services and the
City Engineer.
67. Condition No. 113 - (ADA) In satisfaction of Condition No. 113 of the
Resolution, Developer hereby agrees to comply with the current Regulatory Negotiation
Committee Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final
Report, as may be amended from time to time, developed for: U.S. Architectural and
Transportation Barriers Compliance Board when designing all trails and trail connections.
68. Condition No. 115 - (MHOA) In satisfaction of Condition No. 115 of the
Resolution, Developer hereby agrees that prior to the approval of any Final Map with residential
uses, the developer shall:
a. Submit evidence, acceptable to the City Engineer and the Director of Planning
& Building of the formation of a Master Homeowner's Association (MHOA) for the
Project.. The MHOA shall be responsible for the maintenance of those landscaping
improvements that are not to be included in the proposed financial mechanism. The City
Engineer and the Director of Planning & Building may require that the Maintenance CFD
shall maintain some of those improvements. The final determination of which
improvements are to be included in the Open Space District and those to be maintained
by the MHOA shall be made during the Maintenance CFD Proceedings. The MHOA
shall be structured to allow annexation of future tentative map areas in the event the City
Engineer and Director of Planning & Building require such annexation of future tentative
map areas. The MHOA formation documents shall be subject to the approval of the City
Attorney; and,
b. Submit and obtain approval of the City Engineer and the Director of Planning
& Building of a list of all Otay Ranch Village Two, Three and a Portion of Four SPA and
MHOA facilities and other items to be maintained by the proposed district. Separate lists
shall be submitted for the improvements and facilities to be maintained by the Open
Space District and those to be maintained by a Master Homeowner's Association.
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Include a description, quantity and cost per year for the perpetual maintenance of said
improvements. These lists shall include but are not limited to the following facilities and
improvements:
i. All facilities located on open space lots to include but not be limited to:
walls, fences, water fountains, lighting structures, paths, trails, access
roads, drainage structures and landscaping. Each open space lot shall also
be broken down by the number of acres of: I) turf, 2) irrigated, and 3)
non-irrigated open space to aid in the estimation of a maintenance budget
thereof.
11. The proportional share of medians and parkways along La Media Road,
Olympic Parkway and all other street parkways proposed for maintenance
by the applicable Community Facilities District or Homeowners'
Association.
111. The detention basin located in Wolf Canyon.
IV. All storm-water quality structural BMP's serving the Project.
69. Condition No. 118 - (Notification) In satisfaction of Condition No. 118 of the
Resolution, Developer hereby agrees that future property owners shall be notified during escrow,
by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA
and their estimated annual cost. Developer shall submit the document and obtain the approval of
the City Engineer and Director of Planning & Building prior to distribution through escrow,
which approval shall not be unreasonably withheld.
70. Condition No. 120 - (Open Space Lots) In satisfaction of Condition No. 120 of
the Resolution, Developer hereby agrees to grade a level, clear area at least three feet wide (face
of wall to top of slope), along the length of any wall abutting an open space district lot, as
measured from face-of-wall to beginning of slope. Said area shall be shown on the wall and
fence plan as approved by the City Engineer and the Director of Planning & Building.
71. Condition No. 121 - (Open Space Lots) In satisfaction of Condition No. 121 of
the Resolution, Developer hereby agrees to ensure that all buyers of individual lots adjoining
open space lots, containing walls maintained by the open space district, shall sign a statement,
when purchasing their homes, stipulating that they are aware that the walls are on City or HOA
property and that they shall not modify or supplement the wall or encroach onto the City or HOA
property. These restrictions shall also be incorporated in the CC&R's for all lots.
72. Condition No. 123 - (protest Formation) In satisfaction of Condition No. 123 of
the Resolution, Developer hereby agrees to not protest formation or inclusion in a maintenance
district or zone for the maintenance of landscaped medians and scenic corridors along streets
within or adjacent to the subject subdivision.
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73. Condition No. 124 - (Street Parkway) In satisfaction of Condition No. 124 of
the Resolution, Developer hereby agrees that street parkways within the Project shall be
maintained by an entity such as a Master HOme Owner's Association (MHOA) or a Community
Facilities District (CFD); private homeowners shall not maintain the parkways. Street parkways
shall be designated as recycled water use areas, if approved by the Otay Water District and San
Diego County Health.
74. Condition No. 125 - (Maintenance District) In satisfaction of Condition No. 125
of the Resolution, Developer hereby agrees that prior to issuance of any grading permit which
includes permanent Landscaping and Irrigation (L&I) improvements to be installed in an open
space lot to be maintained by the Community Facility District (CFD), the developer shall place a
cash deposit, or other funding mechanism acceptable to the City, in the City's sole discretion,
with the City which will guarantee the maintenance of the L&I improvements until the City
accepts said improvements. In the event the improvements are not maintained to City standards
as determined by the City Engineer and the Director General Services, the deposit shall be used
to perform the maintenance. The amount of the deposit shall be equivalent to the estimated cost
of maintaining the open space lots to City standards for a period of six months, ("Minimum
Deposit Amount"), as determined by the City Engineer. Any unused portion of said deposit may
be incorporated into the CFD's Reserve Account, or returned to the Developer, according to the
following:
a. If, six months prior to the scheduled date of acceptance of Landscape and
Irrigation improvements for maintenance by the CFD, the Reserve Account is less than
the Minimum Deposit Amount, the difference between these two amounts shall be
incorporated into the Reserve Account, or;
b. If the Reserve Account is at or above the Minimum Deposit Amount, the
unused portion of the deposit may be returned to the Developer in 6 equal monthly
increments over the last six months of the maintenance period if the maintenance is being
accomplished to the satisfaction of the Director of General Services.
75. Condition No. 128 - (Open Space Lots) In satisfaction of Condition No. 128 of
the Resolution, Developer hereby agrees that prior to the City acceptance of any open space lots,
demonstrate to the satisfaction of the City Engineer, that the assessments/bonded indebtedness
for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist
on the parcel(s).
76. Condition No. 135 - (Street Trees) In satisfaction of Condition No. 135 of the
Resolution, Developer hereby agrees to design landscape and irrigation plans such that street tree
placement is not in conflict with the visibility of any traffic signage. The Developer furthermore
agrees to be responsible for the removal of any obstructions of said traffic signs to the
satisfaction of the City Engineer.
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77. Condition No. 143 - (Supplemental Agreement) In satisfaction of Condition
No. 143 of the Resolution, Developer hereby agrees to the following:
a. That the City may withhold building permits for the Project in order to have
the Project comply with the Growth Management Program, as may be amended from
time to time, or if anyone of the following occurs:
i. Regional development threshold limits set by a Chula Vista transportation
phasing plan, as amended from time to time, have been reached.
ii. Traffic volumes, levels of service, public utilities and/or services either
exceed the adopted City threshold standards or fail to comply with the then
effective Growth Management Ordinance, and Growth Management Program and
any amendments thereto. Public utilities shall include, but not be limited to, air
quality, drainage, sewer and water.
iii. The required public facilities, as identified in the PFFP or as amended or
otherwise conditioned have not been completed or constructed to the satisfaction
of the City. The developer may propose changes in the timing and sequencing of
development and the construction of improvements affected. In such case, the
PFFP may be amended as approved by the City's Director of Planning & Building
and the City Engineer. 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) for Otay Ranch Village Two, Three and a Portion of Four
SPA if the required public facilities, as identified in the PFFP or as amended by
the Annual Monitoring Program have not been completed.
b. To defend, indemnify and hold harmless the City and its agents, officers 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 Developer of any claim, action or
proceeding and on the further condition that the City fully cooperates in the defense.
c. Permit all cable television companies franchised by the City of Chula Vista
equal opportunity to place conduit and provide cable television service for each lot or unit
within the Tentative Map area. Developer further agrees to grant, by license or easement,
and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional
access to cable television conduit within the properties situated within the Final Map only
to those cable television companies franchised by the City of Chula Vista, the condition
of such grant being that:
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i. Such access is coordinated with Developer's construction schedule so that
it does not delay or impede Developer's construction schedule and does not
require the trenches to be reopened to accommodate the placement of such
conduits; and
ii. Any such cable company is and remains in compliance with, and promises
to remain in compliance with the terms and conditions of the franchise and with
all other rules, regulations, ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been, or may from
time to time be, issued by the City of Chula Vista.
ii. Developer hereby conveys to the City of Chula Vista the authority to
enforce said covenant by such remedies as the City determines appropriate,
including revocation of said grant upon determination by the City of Chula Vista
that they have violated the conditions of grant.
d. That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the terms of the
Tentative Map Conditions or any Supplemental Subdivision Improvement Agreement.
The City shall provide the Developer of notice of such determination and allow the
Developer reasonable time to cure said breach
e. To defend, indemnify and hold harmless the City and its agents, officers and
employees, from any liability for erosion, siltation or increase flow of drainage resulting
from this Project.
78. Condition No. 144 - (Congestion Management Plan) In satisfaction of
Condition No. 144 of the Resolution, Developer hereby agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program
adopted by SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program or
facilities benefit district to finance the construction of regional facilities.
c. To equitably participate in any future regional impact fee program for regional
facilities should the region enact such a fee program to assist in the construction of such
facilities.
79. Condition No. 145 - (previous Agreements) In satisfaction of Condition No.
145 of the Resolution, Developer hereby agrees that prior to approval of each Final Map for the
Project, comply with all previous agreements as they pertain to this tentative map.
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80. Condition No. 147 - (Regional Fee Program) In satisfaction of Condition No.
147 of the Resolution, Developer hereby agrees to equitably participate in any future regional
impact fee program for regional facilities should the region enact such a fee program to assist in
the construction of such facilities. The Developer shall enter into an agreement, prior to approval
of the fIrst Final Map, with the City which states that the Developer will not protest the
formation of any potential future regional benefIt assessment district formed to fInance regional
facilities.
81. Condition No. 148 - (Transit Stops) In satisfaction of Condition No. 148 of the
Resolution, Developer hereby agrees to construct and secure, the construction of transit stop
facilities as set forth in the PFFP. The schedule for constructing the transit stops shall be
approved or determined by the City Engineer prior to approval of the aforementioned Final Map.
Developer shall design, subject to the approval of the City Engineer said transit stops in
conjunction with the improvement plans for the related street. The City Engineer may require
that Developer provide security guaranteeing the construction of said transit stops in a form of
cash or any other form approved by the City Engineer at hislher sole discretion. Since transit
service availability may not coincide with project development, the Developer shall install said
improvements when directed by the City.
82. Condition No. 149 - (Transit) In satisfaction of Condition No. 12 of the
Resolution, Developer hereby agrees not protest the formation of any potential future regional
benefIt assessment district formed to fmance the transit system.
83. Condition No. 151 - (Affordable Housing Agreement). In satisfaction of
Condition of Approval No. 151 of City Council Resolution No. 2006-157, prior to issuance of
the 126th production building permit in Village Two, Three and a portion of Four, including Otay
Ranch Village Two North Unit 1 and Village Two Area R-14 an Affordable Housing Agreement
shall be executed by all property owners in Village Two, Three and a portion of Four. Said
Affordable Housing Agreement shall be recorded in the OffIce of the San Diego County
Recorder over the entirety of Village Two, Three and a portion of Four. The Affordable
Housing Agreement shall provide that 50% of the total number of qualifIed low income and
moderate housing units shall be constructed prior to the issuance of the 1,393 production
building permit, or at a trigger point as determined by the City Manager and City Attorney or
their designees, for Village Two, Three and a portion of Four.
84. Condition No. 152 - (Air Quality Improvement Plan) In satisfaction of
Condition No. 152 of the Resolution, Developer hereby agrees to implement the fInal Air Quality
Improvement Plan (AQIP) measures as approved by the City Council, and as may be amended
from time to time, and to comply and remain in compliance with the AQIP.
85. Condition No. 153 - (Air Quality Improvement Plan ) In satisfaction of
Condition No. 153 of the Resolution, Developer hereby acknowledges that the City Council may,
from time-to-time, modify air quality improvement and energy conservation measures as
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technologies and/or programs change or become available. The Developer agrees shall modify
the AQIP to incorporate those new measures upon request of the City, which are in effect at the
time, prior to or concurrent with each Final Map approval within the Project. The new measures
shall apply to development within all future map areas, but shall not be retroactive to those areas,
which receive Final Map approval prior to effect of the subject new measures. The Developer
acknowledges and agrees that the City has adopted the City of Chula Vista Air Quality
Improvement Plan Guidelines (AQIP Guidelines) as approved per Resolution No. 2003-260 and
that such guidelines as approved and as may be amended from time-to-time shall be
implemented.
86. Condition No. 154 - (Water conservation Plan) In satisfaction of Condition No.
154 of the Resolution, Developer hereby agrees to implement the final Water conservation Plan
(WCP) measures as approved by the City Council, and as may be amended from time to time,
and to comply and remain in compliance with the WCP.
87. Condition No. 155 - (Water conservation Plan) In satisfaction of Condition No.
155 of the Resolution, Developer hereby acknowledges that the City Council may, from time-to-
time, modify water conservation measures as technologies and/or programs change or become
available. The Developer agrees to modify the WCP to incorporate those new measures upon
request of the City, which are in effect at the time, prior to or concurrent with each Final Map
approval within the Project. The new measures shall apply to development within all future map
areas, but shall not be retroactive to those areas, which receive Final Map approval prior to effect
of the subject new measures. The Developer acknowledges and agrees that the City has adopted
the City of Chula Vista Water Conservation Plan Guidelines (WCP Guidelines) as approved per
Resolution No. 2003-234 and that such guidelines as approved and as may be amended from
time-to-time shall be implemented.
88. Condition No. 156 - (Utilities) In satisfaction of Condition No. 156 of the
Resolution, Developer hereby agrees to install all public facilities in accordance with the Village
Two, Three and a Portion of Four Public Facilities Finance Plan (PFFP), or as required to meet
the Gro",ih Management Threshold standards adopted by the City. The City Engineer may
modify the sequence of improvement construction should conditions change to warrant such a
revision. The Developer further agrees to comply with Chapter 19.09 of the Chula Vista
Municipal Code (Growth Management Ordinance) as may be amended from time to time by the
City. Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public
Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.100).
89. Condition No. 157 - (Utilities) In satisfaction of Condition No. 157 of the
Resolution, Developer hereby agrees to the maintenance and demolition of all interim facilities
(public facilities, utilities and improvements) is the Developer's responsibility, and that
construction, maintenance and demolition bonds will be required to the satisfaction of the City
Engineer.
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90. Condition No. 161 - (project manager) In satisfaction of Condition No. 161 of
the Resolution, Developer hereby agrees to the owners of each Village shall be responsible for
retaining a project manager to coordinate the processing of discretionary permit applications
originating from the private sector and submitted to the City of Chula Vista. The project
manager shall establish a formal submittal package required of each Developer to ensure a high
standard of design and to ensure consistency with standards and policies identified in the adopted
SPA Plan. The project manager shall have a well-rounded educational background and
experience, including but not limited to land use planning and architecture.
91. Condition No. 162 - (Developer's Risk) In satisfaction of Condition No. 162 of
the Resolution, Developer hereby agrees to that if he desires to do certain work on the property
after approval of the tentative map but prior to recordation of the Final "A" Map and/or
applicable Final "B" Map, they may do so by obtaining the required approvals and permits from
the City. The permits can be approved or denied by the City in accordance with the City's
Municipal Code, regulations and policies. Said permits do not constitute a guarantee that
subsequent submittals (i.e., Final "A" Map, Final "B" Map and improvement plans) will be
approved. All work performed by the Developer prior to approval of the Final "A" Map; the
applicable "B" Maps shall be at the developers own risk. Prior to permit issuance, the Developer
shall acknowledge in writing that subsequent submittals (i.e., Final "B" Map and improvement
plans) may require extensive changes, at developers cost, to work done under such early permit.
Prior to the issuance of a permit, the developer shall post a bond or other security acceptable to
the City in an amount determined by the City to guarantee the rehabilitation of the land if the
applicable Final "A" Map and/or Final "B" Map do not record.
92. Condition No. 163 - (Phasing) In satisfaction of Condition No. 163 of the
Resolution, Developer hereby agrees to the phasing approved with the SPA Plan may be
amended subject to approval by the Director of Planning & Building and the City Engineer. The
PFFP shall be revised where necessary to reflect the revised phasing plan.
93. Condition No. 165 - (Public Facility Finance Plan) In satisfaction of Condition
No. 165 of the Resolution, Developer hereby agrees to the Public Facility Finance Plan or
revisions thereto shall be adhered to for the SPA and tentative maps with improvements installed
by Developer in accordance with said plan or as required to meet threshold standards adopted by
the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of
assumptions concerning the location and rate of development within and outside of the Project
area. Throughout the build-out of Village Seven SPA, actual development may differ from the
assumptions contained in the PFFP. Neither the PFFP nor any other Village Two, Three and a
Portion of Four SPA Plan document grant the Developer an entitlement to develop as assumed in
the PFFP, or limit the Village Two, Three and a Portion of Four SPA's facility improvement
requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold
standards, based on actual development patterns and updated forecasts in reliance on changing
entitlements and market conditions, shall govern Village Two, Three and a Portion of Four SPA
development patterns and the facility improvement requirements to serve such development. In
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addition, the sequence in which improvements are constructed shall correspond to any
transportation phasing plan or amendment to the Growth Management Program and Ordinance
adopted by the City. The City Engineer and Director of Planning & Building may, at their
discretion, modifY the sequence, schedule, alignment and design of improvement construction
should conditions change to warrant such a revision.
94. Condition No. 166 - (Multi-Family) In satisfaction of Condition No. 166 of the
Resolution, Developer hereby agrees to unless access, drainage and utilities are shown on the
master Tentative Map to the satisfaction of the City Engineer and the Director of Planning &
Building, prior to approval of any Final Map proposing the creation of multi-family housing for
the Project, including any condominium project, community apartment project, or stock
cooperative, as defined in the applicable sections of the Government Code, Developer shall agree
to process, and thereafter process, a subsequent tentative map for said proposed condominium,
community apartment, or stock cooperative project within the Project pursuant to Section 66426
of the Subdivision Map Act, unless waived in writing by the Director of Planning & Building
and the City Engineer.
95. Condition No. 167 - (Municipal Code) In satisfaction of Condition No. 167 of
the Resolution, Developer hereby agrees to comply with all applicable sections of the Chula
Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with
the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance
and Subdivision Manual. Underground all utilities within the subdivision in accordance with
Municipal Code requirements.
96. Condition No. 168 - (Fees) In satisfaction of Condition No. 168 of the
Resolution, Developer hereby agrees to pay the following fees in accordance with the City Code
and Council Policy:
a. The Transportation Impact Fees,
b. Public Facilities Development Impact Fees.
c. Signal Participation Fees.
d. All applicable sewer fees, including but not limited to sewer connection fees.
e. Pedestrian Bridge Development Impact Fee.
f. Poggi Canyon or Salt Creek Sewer Basin DIF as applicable.
Pay the amount of said fees in effect at the time of issuance of building permits. (Engineering)
97. Condition No. 169 - (Compliance) In satisfaction of Condition No. 169 of the
Resolution, Developer hereby agrees 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.
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98. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction of Developer's obligation of Conditions: 1-5, 7-13, 17,20,24-27,29-33,
35,36,37,40,41,44,46-51,53- 59, 61, 62, 63, 64, 67, 68, 69, 70, 72, 77-80, 83, 84, 88, 89, 92,
93,97,98, 102, 103, 105, 106, 113, 115, 118, 120, 121, 123,124,125, 128, 135, 143, 144, 145,
147, 148, 149, 151, 152, 153-157, 161, 162, 163, and 165-169 of the Resolution. Developer
further understands and agrees that some of the provisions herein may be required to be
performed or accomplished prior to the approval of other final maps for the Project, as may be
appropriate.
99. UnfulfIlled Conditions. Developer hereby agrees, unless otherwise conditioned,
that Developer shall comply with all unfulfilled conditions of approval of the Tentative
Subdivision Map, established by the Resolution and shall remain in compliance with and
implement the terms, conditions and provisions therein.
100. Recording. This Agreement, or an abstract hereof shall be recorded
simultaneously with the recordation of the Final Maps.
101. Miscellaneons.
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
Altn: City Engineer
Otay Ranch JC R-5, LLC,
Otay Ranch Seventeen, LLC,
Otay Ranch JC R-9, LLC,
Otay Ranch II Sun 6/8, LLC,
Otay Ranch JC R-6, LLC,
Otay Ranch JC R-7, LLC,
and Otay Project L.P
610 West Ash Street, Suite 1500
San Diego, CA 92101
Attn: Kim Kilkenny
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Fax: (619) 234-4088
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 defme, describe or limit the scope or intent of this Agreement or any of
its terms.
c. Entire Agreement. Tills 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. Tills
Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted. Amendments to this Agreement must be in writing and approved by
the representatives.
d. Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or ills 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. AssignabIity. Upon request of the developer, any or all on-site duties and
obligations set forth herein may be assigned to developer's successor in interest if the City
Manager in ills/her sole discretion determines that such an assignment will not adversely
affect the City's interest. The City Manager in ills/her sole discretion may, if such assignment
is requested, permit a substitution of securities by the successor in interest in place and instead
of the original securities described herein so long as such substituted securities meet the
criteria for security as set forth elsewhere in this agreement. Such assignment will be in a form
approved by the City Attorney.
f. Recitals; Exhibits. Any recitals set forth above and exillbits attached hereto
are incorporated by reference into this Agreement.
g. Attorney's Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be
entitled to a judgment against the other for an amount equal to reasonable attorney's fees and
court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
[NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES]
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{PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
OTAY RANCH VILLAGE TWO NORTH UNIT ONE}
CITY OF CHULA VISTA
Cheryl Cox,
Mayor of the City ofChula Vista
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
Ann Moore
City Attorney
DATED:
,2006
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
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{PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
OT A Y RA."ICH VILLAGE TWO NORTH UNIT ONE}
DEVELOPERS/OWNERS:
OTA Y RANCH JC R-S, LLC, A California limited Liability Company,
By:
By:
Title:
Title:
OT A Y RANCH SEVENTEEN, LLC, A California limited Liability Company,
By:
By:
Title:
Title:
OTA Y RANCH JC R-9, LLC, A California limited Liability Company,
By:
By:
Title:
Title:
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OTA Y RANCH II SUN 6/8, LLC, A California limited Liability Company,
By:
By:
Title:
Title:
OT A Y RANCH JC R-6, LLC, A California limited Liability Company,
By:
By:
Title:
Title:
OTA Y RANCH JC R-7, LLC, A California limited Liability Company,
By:
By:
Title:
Title:
OT A Y PROJECT L.P., A California limited partnership,
By:
By:
Title:
Title:
(Attach Notary Acknowledgment)
(Attach Corporate, Company and/or Partnership Signatnre Authority)
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List of Exhibits
Exhibit A
Legal Description of Property
PJke~~ of 34
EXHIBIT "A"
(Legal Description of Property)
Being a Subdivision of Lots 16 through 25 ofChula Vista Tract No. 06-05 Otay Ranch Village 2
and Portions of Village 4 "A" Map, in the City of Chula Vista, County of San Diego, State of
California, according to Map thereof No. 15350, filed in the Office of the County Recorder of
said County, May 26, 2006, together with Canon Perdido Street, Donze Avenue, Yanonali
Avenue, Carpenteria Street, and Portion of Santa Christina Avenue as dedicated to Public Use.
pfig~j4 of34
RESOLUTION NO.2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE PARK AGREEMENT FOR CHULA VISTA
TRACT NO. 06-05, OT A Y RANCH VILLAGE TWO AND PORTIONS
OF VILLAGE FOUR, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, on May 23, 2006, by Resolution No. 2006-157, Council approved Tentative
Subdivision Map for Chula Vista Tract No. 06-05 for Otay Ranch Village Two and Portions of
Village Four ("Tentative Map"); and
WHEREAS, Condition No.1 00 of the approved Tentative Map for Otay Ranch Village
Two and Portions of Village Four requires the developer, Otay Project L.P. to enter into an
agreement with the City to provide necessary funds for the preparation of additional site-specific
park master plans and related construction documents in the event the community park's site is
constrained by the waterline fee title parcel and or waterline easement as determined by the
Director of Engineering and General Services prior to approval of the First Final "B" Map for
Proj ect; and
WHEREAS; the Park Agreement, attached as Exhibit "A," between the City and Otay
Project L.P. encumbers Lots 12 and 25 of Chula Vista Tract No. 06-05 Otay Ranch Village 2 and
Portions of Village 4 "A" Map Project; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Park Agreement between the City and Otay Project L.P., a copy
of which shall be kept on file in the office of the City Clerk
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement for and on behalf ofthe City ofChula Vista.
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and General Services
Ann Moore
~'t:ity Attorney
8-85
RESOLUTION NO.
RESOLUTION APPROVING THE FINAL MAP OF CHULA VISTA
TRACT NO. 06-05, OTA Y RANCH VILLAGE TWO NORTH UNIT
ONE. APPROVING THE ASSOCIATED SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF THE
IMPROVEMENTS; APPROVING THE ASSOCIATED
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
WHEREAS, the developer, the Otay Ranch JC R-5, LLC, Otay Ranch Seventeen, LLC,
Otay Ranch JC R-9, LLC, Otay Ranch II Sun 6/8, LLC, Otay Ranch JC R-6, LLC, Otay Ranch
JC R-7, LLC, and Otay Project, L.P. has submitted a final map for Otay Ranch Village Two
North Unit One; and
WHEREAS, the developer has executed a Subdivision Improvement Agreement to install
public facilities associated with the project; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of the Tentative Map for Chula Vista Tract No. 06-
05; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the proposed project was adequately covered in previously adopted Second-Tier Environmental
Impact Report (EIR 02-02) for the Otay Ranch Village Two, Three and Portions of Village Four.
Thus, no further environmental review or documentation is necessary; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 06-05, Otay Ranch
Village Two North Unit One, particularly described as follows:
Being a subdivision of lots 16 through 25 of Chula Vista Tract No. 06-05, Otay
Ranch Village "A" Map, in the City of Chula Vista, County of San Diego, State
of California, according to Map thereof No. 15350, filed in the office of the
County Recorder of San Diego County on May 26, 2006.
Area: 79.848 Acres
Numbered Lots: 260
No. of Lots: 310
Lettered Lots: 50
Also includes two numbered lots with maximum of 42 residential condominium units
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that said map and subdivision ofland shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public
the public streets, to-wit: Cathedral Oaks Road, Bath Avenue, Astor Court, Franceschi Drive,
Painted Cave Avenue, Pershing Road, Mason Road, Sea Meadow Street, Portion of Donze
8-86
Avenue, Portion of Y anonali Avenue, Portion of Carpinteria Street, Portions of Santa Christina
Avenue and Alley's "A" through "F", all shown hereon and said streets are hereby declared to be
public streets and dedicated to the public use all as shown on said map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of
Chula Vista the various easements, all as granted on said map within this subdivision, subject to
the conditions set forth thereon.
BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the
City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "TT", "UU",
"VV", and "XX" for open space and other public purposes all as shown on the Otay Ranch
Village Two North Unit One map within said subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that said public streets are accepted on behalf of the
public as therefore stated and that the Irrevocable Offer of Dedication of the fee interest of said
lots be acknowledged, and that those certain easements as granted on the Otay Ranch Village
Two North Unit One map within said subdivision are accepted on behalf of the City of Chula
Vista as hereinabove stated.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement
dated the September _' 2007, for the completion of improvements in said subdivision, a
copy of which is on file in the Office of the City Clerk is hereby approved.
BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval that will remain in effect and run with
the land for the map, a copy of which is on file in the Office of the City Clerk is hereby
approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Jack Griffin
Engineering and General Services Director
L _ Ann Moor .,
-'W\'( City Attorne .
8-~7